Agenda packet — Hollister City Council, February 5, 2024 (part 3 of 3)

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 16, 2024
DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
TITLE OF ITEM: ORDINANCE NO. 1245 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, SECTION

2.04.180 ("MANNER OF ADDRESSING CITY COUNCIL -TIME LIMIT") OF CHAPTER

2.04 ("CITY COUNCIL") OF TITLE 2 ("ADMINISTRATION AND PERSONNEL") BRIEF DESCRIPTION: The City Council will consider approval of an amendment to Title 2 of the Hollister Municipal Code.

RECOMMENDATION: Hold a public hearing to introduce an ordinance to amend Section 2.04.180 ("Manner of Addressing City Council -Time Limit") of Chapter 2.04 ("City Council") of Title 2 ("Administration and Personnel") of the Hollister Municipal Code.

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

FINANCIAL IMPACT: N/A
CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 1245

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, SECTION 2.04.180 ("MANNER OF ADDRESSING CITY COUNCIL -TIME LIMIT") OF CHAPTER 2.04 ("CITY COUNCIL") OF TITLE 2 ("ADMINISTRATION AND PERSONNEL")
WHEREAS, the Hollister Municipal Code requires periodic updates to conform to best practices for municipalities and updates to state regulations; and WHEREAS, to ensure efficiency at public meetings and promote participation by members of the public, including non-English speakers, the Hollister Municipal Code is recommended to be updated; and
NOW THEREFORE, BE IT RESOLVED, That the City Council of the City of Hollister does herby ordain as follows:

SECTION 1. Section 2.04.180 ("Manner of addressing city council —time limit") of Chapter 2.04 ("City Council") of Title 2 ("Administration and Personnel") of the City of Hollister Municipal Code is hereby amended to read as follows:

2.04.180 - Manner of addressing city council —Time limit.

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

1.Extending Time Limits. The mayor or mayor pro tem in the absence of the mayor, has the authority to extend the time limits for members of the public speaking or testifying during meetings of the city council. If the mayor or mayor pro tem extends the time limit for one member of the public, the mayor or mayor pro tem shall extend the time limit for all members of the public speaking on the same item.

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

3. In accordance with the Ralph M Brown Act, the city council and its advisory bodies shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body. This provision shall not apply to a meeting of the legislative body that utilizes simultaneous translation Packet Pg. 292

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equipment in a manner that allows the legislative body to hear the translated Public testimony simultaneously.

SECTION 2. 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 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on February 5, 2024.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1245 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 5th day of February, 2024, 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 February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT

HOLLISTER AMENDING CITY OF HOLLISTER MUNICIPAL CODE SECTION

2.08.090 ("REMOVAL OF OFFICE") OF CHAPTER 2.08 ("CITY MANAGER") OF TITLE 2 ("ADMINISTRATION AND PERSONNEL")
BRIEF DESCRIPTION: The City Council will consider approval of an amendment to Title 2 of the Hollister Municipal Code.

RECOMMENDATION: Hold a public hearing to introduce an ordinance to amend Section 2.08.090 ("Removal of Office") of Chapter 2.08 ("City Manager") of Title 2 ("Administration and Personnel") of the Hollister Municipal Code.

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

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

FINANCIAL IMPACT: N/A
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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ORDINANCE NO. 1246

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CITY OF HOLLISTER MUNICIPAL CODE SECTION 2.08.090 ("REMOVAL OF OFFICE") OF CHAPTER

2.08 ("CITY MANAGER") OF TITLE 2 ("ADMINISTRATION AND PERSONNEL") WHEREAS, the Hollister Municipal Code requires periodic updates to conform to best practices for municipalities and updates to state regulations; and WHEREAS, the Hollister City Manager is appointed by, and serves at the direction of the City Council; and
WHEREAS, the Hollister Municipal Code currently provides that the City Manager may be removed from office, with or without cause, by a majority vote of the City Council; and
WHEREAS, the City Council desires to modify the Hollister Municipal Code to recognize that removal of the City Manager from office without cause should be subject to an increased voting requirement; and
WHEREAS, the City Council desires to provide specific voting requirements for the removal of the City Manager from office dependent upon whether such removal is for cause or without cause.

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

SECTION 1. Section 2.08.090 ("Removal from office") of Chapter 2.08 ("City Manager") of Title 2 ("Administration and Personnel") of the City of Hollister Municipal Code is hereby amended to read as follows:

2.08.090 Removal from office.

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

SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on February 5, 2024.

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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1246 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 5th day of February, 2024, 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 February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 17, 2024
DEPARTMENT: Recreation
DEPARTMENT HEAD: Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2024-13, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER NAMING A PARK BENCH AT THE JERRY GABE BARK PARK AS SANDY GABE DEDICATED 2024
BRIEF DESCRIPTION: Staff request approval to name a park bench at the Jerry Gabe Bark Park as "Sandy Gabe Dedicated 2024."
RECOMMENDATION: Adopt a resolution to name a park bench at the Jerry Gabe Bark Park as "Sandy Gabe Dedicated 2024."
DEPARTMENT SUMMARY: The City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021. The policy establishes a uniform policy regarding requests for the naming or renaming of City parks, recreation facilities, or special features in a park that are compatible with community interest and will enhance the values and heritage of the City of Hollister.

During the City of Hollister Parks and Recreation Commission meeting on November 28, 2023, commissioners unanimously recommended (4-0) naming the park bench at the Jerry Gabe Dog Park as "Sandy Gabe Dedicated 2024." To inform residents, staff issued a public notice at the Jerry Gabe Memorial Dog Park, City of Hollister- 375 5t" Street, on City social media platforms, and at the Pauline Valdivia Memorial Community Center, 300 West Street, regarding the proposed application to name a park bench "Sandy Gabe Dedicated 2024." There is no financial impact on the City of Hollister, as outlined in the policy, which specifies that all costs related to the installation and replacement of signs associated with this request will be covered by the individual, group, or organization sponsoring it.

FINANCIAL IMPACT: None
CEQA: Not Applicable

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER NAMING A

PARK BENCH AT THE JERRY GABE BARK PARK AS SANDY GABE DEDICATED 2024
WHEREAS, the City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021, establishing a policy for naming and renaming public parks, city facilities, or special features in a park; and
WHEREAS, staff posted a public notice at the Pauline Valdivia Memorial Community Center, 300 West Street, on City social media accounts, and at City Hall, 375 51" Street, informing the residents that there was a proposed application to name a park bench at Jerry Gabe Memorial Park "Sandy Gabe Dedicated 2024."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister approve the naming of a park bench at Jerry Gabe Memorial Park, "Sandy Gabe Dedicated 2024."
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, 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. 2024-13, 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 5th day of February, 2024, 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 February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 26, 2024
DEPARTMENT: Recreation
DEPARTMENT HEAD: Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RECEIVE PRESENTATION ON THE DUNNE PARK TENNIS AND

PICKLEBALL COURTS AND PROVIDE STAFF POSSIBLE DIRECTION
BRIEF DESCRIPTION: This is an informational report to the City Council related to the Dunne Park Tennis and Pickleball Courts.

RECOMMENDATION: Receive the presentation and provide direction to staff.

The Dunne Park Court Resurfacing project is scheduled to begin in early February 2024. However, the project is currently on hold as council provided direction to staff to return with additional options as presented by the public during the public comment section of multiple meetings. Additionally, the contractor has mentioned that without a prompt decision, the project may need to be rescheduled to May due to commitments to other clients.

Following collaboration with the court resurfacing contractor, three options were put forward. The initial proposal, scheduled to begin in early February, involves resurfacing the entire courts, lining and striping two existing tennis courts according to United States Tennis Association (USTA) guidelines, and addressing three existing pickleball courts.

The cost for this bid is $35,880.00. Additionally, the preventative maintenance contract incorporates an annual allocation of $3,000.00 for a duration of four years. The total project cost over a five-year period is $47,880.00 and has been approved by the City Council.

The cost for the second proposal amounts to $59,173.00, encompassing the resurfacing and patching of all holes to grade. It also covers the striping of four new pickleball courts, the installation of eight new posts and four nets in the middle court, and the lining and striping of one existing tennis court following USTA guidelines. Additionally, it involves the conversion of three pickleball courts into one tennis court. Additional expenses include the preventative maintenance contract and the purchase of one additional pickleball net, a tennis net, and four posts. To incorporate the maintenance contract and equipment purchase, the total cost for the project over a five-year period is $72,873.00.

The third proposal involves resurfacing all three courts, striping seven pickleball courts, and one tennis court to USTA standards, with a total cost of $59,830.00. Additional expenses include the annual Preventive Maintenance Contract at $12,000.00 and the cost of four nets and eight posts, totaling $3,200.00. The overall project cost over five Packet Pg. 303

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years amounts to $75,030.00. If the Council is interested in pursuing Option 3, staff recommend that a survey be conducted to receive the input of both the tennis and pickleball communities. The tennis community would lose a court if option 3 is selected and they have not been provided the opportunity to provide their input in the discussion.

Prior to the onset of the COVID-19 pandemic, the City's Parks and Recreation Department provided a tennis program, supported by the USTA, benefiting around 100 youths annually. This cost-free program offered three distinct services for youths aged 5 to 17, along with a summer tennis camp. The program utilized two tennis courts during its seasonal activities.

It should be noted that the future development of a new park at Fire Station #2 is planned to incorporate four pickleball courts.

Staff is seeking direction regarding the Dunne Park Courts Project.

ATTACHMENTS:

1. 2023-02-05 Dunne Park Courts (1)

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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Dunne Park
Courts
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Option #1
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$35188OoOO
$3,000 Preventive Maintenance Contract x 4 years=$12,000.00 Total Project Cost Five Year Span = $47,880.00
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Dunne Park
=ram
Courts
Option #2
$59)173*00
$3,000 Annual Preventive Maintenance Contract x 4 years = $12,000.00 Cost of one pickleball net and two posts $800.00
Cost of one tennis net and two posts $900.00
Total Project Cost Five Year Span= $72,873.00
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Dunne Park
Courts
growys -L a wll Afl Alle r wn I rowns Alle ow I
Op tion #3
$591830,00
$3,000 Annual Preventive Maintenance Contract x 4 years = $12,000.00 Cost of four nets and eight posts $800.00 x 4= $32200.00 Total Project Cost Five Year Span = $75,030.00
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 23, 2024
DEPARTMENT: Engineering
DEPARTMENT HEAD: William Via, Community Services
Director
TITLE OF ITEM: INFORMATIONAL REPORT RELATED TO MEMORIAL DRIVE

PEDESTRIAN CROSSWALK
BRIEF DESCRIPTION: This is an informational report to the City Council related to Memorial Drive Pedestrian Crosswalk.

RECOMMENDATION: Receive the informational report and provide direction to staff.

DEPARTMENT SUMMARY: Staff will provide a brief informational report related to the Memorial Drive pedestrian crosswalk and the different options for implementation. City staff is recommending alternative No. 3 for the installation of a crosswalk at the intersection of Memorial Drive and Verdun Avenue, this will include the construction of a pedestrian refuge island, stop bars, pedestrian hybrid beacons, curb ramps, etc.

ATTACHMENTS:

1. 2024 Memorial Drive Crosswalk Presentation

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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iviemoriai urive veaestrian
Crosswalk
February 2024
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FUTURE PEDESTRIAN CONNECTION

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ALTERNATIVE NO, 2
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4LTERNATIVE NO, 3

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IMPROVEME
COST
• ALTERNATIVE NO. 1 $172987000.00
• ALTERNATIVE NO. 2 $5847500.00
• ALTERNATIVE NO. 3 $5117000.00
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QUESTIONS?
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 23, 2024
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
TITLE OF ITEM: DISCUSS AND PROVIDE DIRECTION REGARDING COUNCIL

MEETING START TIME
BRIEF DESCRIPTION: A change to the City Council meeting start time will require an ordinance amendment and must comply with the Brown Act.

RECOMMENDATION: Discuss whether the City Council would like to change the City Council meeting start time and provide direction to staff.

DEPARTMENT SUMMARY: At the December 18, 2023, City Council meeting, the City Council requested a future agenda item to move the start time for City Council meetings to 9:00 a.m.

A change to the City Council meeting start time will require an amendment to section

2.04.050 of the City Municipal Code which currently reads as follows:

2.04.050 — Meetings — Time and place — Held in Conformity with state law.

The city council shall hold regular meetings on the first and third Mondays of each month at the hour of 6:30 p.m. in the council chambers in the city hall. If that Monday falls on a city observed holiday, the meeting will fall to the Tuesday after the holiday.

Regular, adjourned, special and closed meetings shall be held in conformity with the provisions of Government Code § 54950, et seq., of the Government Code of the state of California, and shall terminate at 10:00 p.m. unless the meeting is extended by the city council.

Government Code section 54950, et. seq. refers to the California open meetings law, or the Brown Act. According to the Brown Act, the people have the right to access information concerning the conduct of the people's business, and therefore, the meetings of public bodies shall be open to public scrutiny. This means that all meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency.

Although meetings must be open to the public, the Brown Act does not dictate the time and day at which public meetings must be held. It is important to note that the Brown Act is the minimum standard and local agencies may adopt practices and requirements that create greater access to meetings.

FINANCIAL IMPACT: There is no fiscal impact.

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CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
d r
David Mirrione, City Manager
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 18, 2024
DEPARTMENT: Planning
DEPARTMENT HEAD: Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2024-14, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT FOR OUT

OF JURISDICTION SEWER SERVICE AND DIRECTING STAFF TO MAKE AN

APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR

THE CITY TO PROVIDE SEWER SERVICES OUTSIDE OF ITS JURISDICTIONAL BOUNDARIES BUT WITHIN THE SPHERE OF INFLUENCE (OOJ 2022-1) BRIEF DESCRIPTION: This resolution establishes that the City would provide sewer service to the property located at 930 Hillcrest Road, further identified as San Benito County Assessor Parcel Number (APN) 020-050-013 located outside of the City of Hollister's jurisdictional boundary, but within the Sphere of Influence upon the authorization of the Local Agency Formation Commission.

RECOMMENDATION: Adopt a resolution approving an agreement for out of jurisdiction sewer services the property located at 930 Hillcrest Road (APN 020-050-013), and directing staff to apply to the Local Agency Formation Commission (LAFCO) for services.

DEPARTMENT SUMMARY: The City of Hollister received an application, dated September 15, 2022, to provide sewer service outside of the City's jurisdictional boundary but within the City's Sphere of Influence for a property located at 930 Hillcrest Road, further identified as San Benito County Assessor Parcel Number (APN) 020-050- 013 (OOJ 2022-1). The property is located within a county "island", surrounded by the City, and is contiguous to the city limit along its western boundary. The parcel is approximately 0.28 acres with an existing 984 SF single-family home, a 1,596 SF shop, and 638 SF detached garage on site, and is currently served by a septic tank and leech field. The owners have stated that the existing septic system does not meet current Environmental Health standards and that there is no room on the property to install an additional line in the future. Their request is to be able to tie into the City's sewer system before a failing sceptic tank and leech field become an emergency health and safety situation, and a threat to groundwater in the area. The nearest sanitary sewer connection is a 12" line located in front of the property in Hillcrest Road.

This resolution will approve an agreement with the property owner of 930 Hillcrest Road for the provision of services. The Agreement includes a provision for non -protest of future annexation when called by the City. Additionally, it is noted that the City is agreeing to provide services to the existing residence and property as described. This Packet Pg. 318

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agreement does not authorize future development of the property and utilization of the City's sewer services for any such development.

If approved by the City Council, the resolution authorizes staff to prepare and submit an out of jurisdiction service application to LAFCO on behalf of the property owner for this request.

BACKGROUND: The San Benito County Department of Environmental Health responded to a complaint regarding a failing onsite wastewater treatment system (the septic system) at 930 Hillcrest Road. The department confirmed that the existing leach field is failing and that there is insufficient room to install a new repair leach field that would meet the regulations stipulated by the Central Coast Regional Water Quality Control Board (RWQCB). The department also noted that a municipal sewer line of the City of Hollister was located within 50 feet of the property. As a result, the department determined that it would be unable to issue a sceptic repair permit to install a new leach field on the property. The installation of a new repair leach field is not feasible due to the inadequate space on the property to meet all setback and size requirements to meet all regulations stipulated by the RWQCB.

FINANCIAL IMPACT: The applicant will be responsible for paying all applicable LAFCO fees, impact fees and other fees associated with review of the improvement plans, and service fees upon connection to City services.

CEQA: This Project is statutorily exempt from the California Environmental Quality Act pursuant to Section 15268(b)(4) Ministerial Projects, which identifies that approval of individual utility service connections and disconnections shall be considered a ministerial action.

ATTACHMENTS:

1. OOJ 2022-1 930 Hillcrest Road Site Plan

2. 3.7.2023 SBC Environmental Health Letter OOJ 2022-1 930 Hillcrest Road

3. 1.23.2024v_930 Hillcrest Rd —Out -of -Jurisdiction Sewer Service Agreement_Canela

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AGREEMENT FOR OUT OF JURISDICTION SEWER SERVICE

AND DIRECTING STAFF TO MAKE AN APPLICATION TO THE LOCAL AGENCY

FORMATION COMMISSION (LAFCO) FOR THE CITY TO PROVIDE SEWER

SERVICES OUTSIDE OF ITS JURISDICTIONAL BOUNDARIES BUT WITHIN THE SPHERE OF INFLUENCE (OOJ 2022-1)
WHEREAS, on September 15, 2022 that City of Hollister received an application (Attachment A) from Property Owners, Mario & Michele Canela, requesting out of jurisdiction sewer service for their property located at 930 Hillcrest Road, further identified as San Benito County Assessor Parcel Number (APN) 020-050-013; and WHEREAS, the subject property is located within the unincorporated area of San Benito County as part of a larger county "island", and it is also located within the City of Hollister Sphere of Influence, and is contiguous to the City's boundary along its western boundary; and
WHEREAS, the parcel is approximately 0.28 acres with an existing 984 SF single-family home, a 1,596 SF shop, and 638 SF detached garage on site and is currently served by a sceptic tank and leech field; and
WHEREAS, the property owners provide a notice dated March 7, 2023 from the San Benito County Department of Environmental Health, which responded to complaint regarding a failing onsite wastewater treatment system (the septic system) at 930 Hillcrest Road; and
WHEREAS, upon further investigation, it was noted by the San Benito County Department of Environmental Health that there is insufficient room to install a new repair leach field that would meet the regulations stipulated by the Central Coast Regional Water Quality Control Board (RWQCB); and
WHEREAS, the property owners are requesting that the City Council of Hollister provide out of jurisdiction sewer services, in accordance with Hollister Municipal Code Section

13.04.060; and,
WHEREAS, the City Council has reviewed and considered an agreement (the Agreement) with the property owners of 930 Hillcrest Road for the provision of sanitary sewer services; and,
WHEREAS, the City Council agrees to provide sewer services to the existing residence and property as described in accordance with the terms outlined in the Agreement; and, WHEREAS, the project is exempt for the California Environmental Quality Act (CEQA) pursuant to Section 15268(b)(4) Ministerial Projects; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the Agreement for 930 Hillcrest Road (APN 020-050-013), Packet Pg. 320

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incorporated into this resolution by reference as Exhibit A, and authorizes the City Manager to execute the Agreement.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorize staff to prepare and submit an out of jurisdiction service application to San Benito County Local Agency Formation Commission (LAFCO) on behalf of the property owner for this request.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, 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. 2024-14, 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 5th day of February, 2024, 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 February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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PROPERTY INFO:

APN: 020-050-013
GENERAL PLAN: RESIDENTIAL MIXED
ZONING: RURAL RESIDENTIAL
LAND USE: RESIDENTIAL
FIRE SEVERITY: URBAN UNZONED
LOT SIZE: 0.2793 ACRES
OWNER:

MARIO & MICHELE CANELA
P.O. BOX 682
HOLLISTER CA, 95023
[email protected]
APPLICANT:

MARIO & MICHELE CANELA
P.O. BOX 682
HOLLISTER CA, 95023
[email protected]
WATER SOURCE: SUNNYSLOPE COUNTY WATER DISTRICT
SEWER SYSTEM: SEPTIC
ELEC: PG&E
GAS: PG&E

THE PROJECT SITE IS NOT LOCATED WITHIN THE FLOOD HAZARD ZONE

THE PROJECT SITE IS NOT LOCATED WITHIN THE ALQUIST-PRIOLO FAULT ZONE

AREA REQUIRED UNDER

CURRENT GUIDELINES FOR A
REPLACEMENT LEECH FIELD.

BUT A LEECH FILED CANNOT

BE DRIVEN ACROSS, SO IT

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DAVID GHILARDUCCI, MD, FfC.5.b
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�p14 INTERIM HEALTH OF
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SA Y B E� �6 I TO CO U 1 �1 Y Y TRACEY BELTON

AGENCY DIRECTOR

HEALTH & HUMAN SERVICES AGENCY ENVIRONMENTAL HEALTH DIVISION

DARRYL WONG, ENVIRONMENTAL HEALTH MANAGER
03/07/2023
Mario Canela
930 Hillcrest Road
Hollister CA 95023
Dear Mr. Canela,
RE: Insufficient space for installation of a septic system repair leachfield The Department of Environmental Health responded to a complaint regarding a failing onsite wastewater treatment system (aka septic system) at 930 Hillcrest Road, Hollister.

An inspection of your property was conducted on February 16, 2023, and confirmed that the existing leachfield is failing. Upon further investigation, it was noted that there is insufficient room to install a new repair leachfield that would meet the regulations stipulated by the Central Coast Regional Water Quality Control Board (RWQCB). It was also noted that your property appears to be within 50 feet of the municipal sewer line of the City of Hollister.

This department is unable to issue a septic repair permit to install a new leachfield on your property. Installation of a new repair leachfield is not feasible due to inadequate space on your property to meet all setback requirements and size requirements to meet all regulations stipulated by the RWQCB. This department recommends that your property be connected to the City of Hollister Municipal Sewer System to ensure proper disposal of black and grey water from your property as required by San Benito County Code, Chapter 15.07.

Respect I.�---
Victor N. Anyeneh, R.E.H.S.

San Benito County Environmental Health
Cc:

City of Hollister
LAFCO

PUBLIC HEALTH SERVICES ENVIRONMENTAL HEALTH MEDICAL THERAPY UNIT 351 Tres Pincs Road, Suite A-202 3S1 Tres Pinos Road, Suite C-1 761 South Street Hollister CA 95C23 Hollister CA 95023 Hollister CA 95023 831-637-5367 B31-636-4035 831-637-1989 Packet Pg. 324

DocuSign Envelope ID: BAA320E1-A344-4FC3-A223-FO48DDF2C6A4 C.5.c

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

No Fee Government Code §27383 1
APN: 020-050-013 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY

OUT -OF -JURISDICTION SERVICE AGREEMENT
930 Hillcrest Road, Hollister, California 95023
THIS OUT -OF -JURISDICTION SERVICE AGREEMENT (this "Agreement"), dated for reference purposes as of January 16, 2024, is made and entered into by and between the City of Hollister, a municipal corporation (the "City"), and Mario and Michele Canela ("Owner").

Recitals
A. Owner owns the real property located at 930 Hillcrest Road, Hollister, California 95023, which is designated as San Benito County Assessor's Parcel Number 020-050-013 and which is more particularly described in Exhibit "A" attached hereto (the "Property").

Improvements on the Property consist of an existing 984 SF single family residence, 638 SF detached garage, and 1,596 SF detached accessory structure/shop (the "Residence").

The Property has not been annexed to the City and is located inside the City's sphere of influence.

B. The City has been provided with a copy of a notice from the San Benito County Department of Environmental Health dated March 7, 2023 addressed to the Owner which states that (i) the septic system serving the Property is failing, (ii) no other on -site disposal system is feasible, (iii) the only available remedy is connection to an existing public sewer system, and (v) the foregoing conditions may (a) constitute a danger to public health and safety, and (b) fail to meet the standards of the San Benito County Code.

C. Owner has requested that the City allow the Property to be connected to the City's wastewater collection system and that the City provide for the collection, treatment, and disposal of wastewater from the Property under an out -of -jurisdiction service arrangement pursuant to Government Code Section 56133.

D. The out -of -jurisdiction service arrangement will require the approval of the San Benito County Local Agency Formation Commission ("LAFCO").

E. The City has determined that, based on the problems with the septic system serving the Property, a threat exists to the health and safety of the public and the residents of the affected territory.

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F. The City and Owner desire to set forth herein their agreement pertaining to the provision of wastewater service to the Property by the City under an out -of -jurisdiction service arrangement.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner agree as follows:

Service by City. The City agrees to provide wastewater service to the Property on the terms and conditions set forth herein. Nothing contained in this Agreement shall be interpreted as giving Owner or its successors or assigns the right to connect additional facilities, structures or buildings, other than the Residence, whether located on the Property or elsewhere, to the City's wastewater system.

2. Capacity and Impact Fees. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City an amount equal to the capacity and impact fees that the City charges when a single-family residence within the City's boundaries connects to the City's wastewater system. As of the date of this Agreement, the City's Sewer Collection Impact fee for a single-family residence is $3,590.00 and the City's Sewer Treatment Impact fee for a single-family residence is $5,121.82.

3. In Lieu Annexation Fee. Upon future annexation of the property, Owner shall pay the City an amount equal to the annexation fee that the City charges when property is annexed to the City's boundaries in place at the time of annexation. This fee shall include, but is not limited to, any fees associated with the tax sharing agreement between the City of Hollister and the County of San Benito in place at the time of annexation. Such fee shall be paid within thirty (30) days following the date of jurisdictional boundary change.

4. Administrative Fee. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City the amount of $1,820.00 to cover the City's costs associated with this Agreement, including but not limited to staff time, fees for engineering and legal services, and recording costs.

5. Miscellaneous Fees. Prior to the connection of the Property to the City's wastewater collection system, Owner shall pay all plan check fees, permit fees, inspection fees and other fees that apply under the City ordinances to properties that are located within the City's boundaries.

6. Service Charges. Within thirty (30) days following the connection of the Property to the City's wastewater collection system, Owner shall pay the City an amount equal to the service fee that the City charges a single-family residence within the City's boundaries.

Owner shall pay the City monthly service charges in an amount equal to the service charges the City charges a single-family residence within the City's boundaries.

7. Plans and Specifications. Owner shall submit to the City plans and specifications showing the side sewer and other facilities which Owner proposes to construct to connect the Packet Pg. 326

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Residence to the City's wastewater collection system (the "Lateral"). Said plans and specifications shall be subject to review and approval by the City.

8. Construction of Wastewater Facilities. The Lateral shall be constructed and installed (a) in accordance with the plans and specifications approved pursuant to Section 7, above, (b) in a good and workmanlike manner, (c) in compliance with all Applicable Requirements (as defined in Section 10 below), and (d) at Owner's sole cost and expense. Upon completion, the Lateral shall belong to Owner and Owner shall be responsible for the repair and maintenance thereof.

9. Inspections. Owner shall give the City written notice not less than forty-eight (48) hours prior to commencement of construction of the Lateral, excluding Saturdays, Sundays and holidays. Owner agrees to provide the City and its employees and agents the right to inspect the Lateral and the work thereon at all reasonable times before, during, and after construction. Owner further agrees to coordinate and cooperate with the City's employees and agents to facilitate such inspections. Within ten (10) days upon completion of construction, Owner shall notify City so that City may make any final inspections and tests that the City may deem necessary or appropriate.

10. Compliance with Applicable Requirements. Owner shall comply with (a) all ordinances, regulations, resolutions, policies, procedures and administrative provisions of the City to the same extent as if the Property had been annexed to the City, and (b) all statutes, rules and regulations of agencies of the United States of America, the State of California, the County of San Benito and other governmental and regulatory agencies having jurisdiction over the collection, treatment and/or disposal of wastewater and wastes, including but not limited to (i) requirements applicable to the construction, use, repair and maintenance of the Lateral, and (ii) requirements addressing the type, contents and strength of wastes permitted to be discharged into wastewater collection systems (collectively, "Applicable Requirements"), as said Applicable Requirements may be amended or superseded from time to time. Owner shall further comply with the terms and conditions set forth in Exhibit "B" attached hereto.

11. Covenant to Annex. Owner hereby covenants and binds themselves and their successors in interest to annex the Property to the City when the City Council of the City of Hollister determines that such annexation shall be made, and Owner hereby acknowledges that this writing is a request and a consent by them to so annex the Property. Owner for themselves and their successors in interest further agrees not to protest annexation of the Property either by itself or as part of a larger parcel of land and hereby specifically waives the provisions of all sections of law now existing or hereafter to be enacted permitting protests to be filed in annexation proceedings.

12. LAFCO Approval. This Agreement is contingent upon LAFCO's approval of the out -of - jurisdiction service arrangement set forth herein pursuant to Government Code Section 56133 and shall be of no force or effect unless and until LAFCO grants such approval.

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13. Termination. This Agreement may be terminated by the City upon thirty (30) days written notice to Owner in the event Owner violates any terms herein, including but not limited to any terms relating to the payment of fees or charges to the City or any terms related to the connection of additional facilities to the City's wastewater collection system. Owner may terminate this Agreement upon thirty (30) days written notice to the City in the event Owner is able to obtain wastewater service for the Residence from an alternative provider.

Upon such termination, (a) the City may plug or disconnect from the City's wastewater collection system all lines serving the Residence, and all costs of plugging or disconnecting such lines shall be paid, within thirty (30) days, by the Owner to the City, (b) no further amounts shall be due to the City from Owner, except any unpaid service charges, and (c) the City shall not be required to refund any part of the fees and charges paid by Owner hereunder. This Agreement shall automatically terminate upon the effective date of the annexation of the Property to the City, in which event all fees and charges paid by Owner hereunder shall be credited to the fees and charges payable by owner in connection with the annexation.

14. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors and permitted assigns of the parties hereto. The rights granted to Owner herein relating to the provision of wastewater service to the Residence shall run with the land and shall be appurtenant to the Property and to any parcels into which the Property may hereafter be legally divided.

15. Recording. Owner hereby consents to the recordation of this Agreement with the Official Records of San Benito County.

16. Entire Agreement/Modification. This Agreement (including all exhibits attached hereto) is the final expression of and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and communications with respect thereto. This Agreement may be modified only by written instrument signed by all parties in interest at the time of the amendment. All Exhibits attached hereto are made a part and are incorporated herein by reference.

17. Attorneys' Fees. In the event that either party brings an action to interpret or enforce the terms of this Agreement or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to all reasonable attorneys' fees and costs incurred herein.

18. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19. Waiver. No waiver of any breach of any covenant or provision herein shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision al
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herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.

20. Construction. Headings at the beginning of each section are solely for the convenience of the parties and are not a part of this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits attached to this Agreement are incorporated herein by reference and are made a part hereof.

21. Authority. Each individual executing this Agreement on behalf of a party hereto represents and warrants that he or she has the authority to execute this Agreement on behalf of such party.

22. Notices. Any notices permitted or required hereunder shall be in writing and shall be (a) be given by personal delivery, (b) mailed by certified or registered mail, postage prepaid, return receipt requested, or (c) sent by reputable overnight delivery service (e.g., UPS, Federal Express, DHL or Airborne) using the contact information set forth below for such party:

CITY:

Attention: Dave Mirrione, City Manager
375 Fifth Street
Hollister, California, 95023
OWNER(S):

Attention: Mario & Michele Canela
930 Hillcrest Road
Hollister, California, 95023
Either party may change its contact information for notice purposes by giving notice of such change in the manner set forth above.

23. Assignment. Owner may not assign any of its rights or delegate any of its obligations under this Agreement, in whole or in part, without the prior written consent of the City, which consent shall not be unreasonably withheld.

24. Further Assurances. The parties each agree to take such actions and execute such documents as may be reasonably required to carry out the intent of this Agreement.

IN WITNESS WHEREOF, the City and Owner have executed this Agreement as of the date(s) set forth below.

CITY
By:

Dave Mirrione, City Manager
Date:
5 OWNER(S)
DocuSi'
By:

Mario Canela, Property Owner
Date:
1/26/2024 1 10:30:49 AM PST
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000.siynea by
By: [: n 'I
Michele Canela, Property Owner
Date: 1/26/2024 � 10:32:29 AM PST
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EXHIBIT A
Legal Description
Real property in the City of HOLLISTER, County of SAN BENITO, State of California, described as follows:

BEING A PORTION OF HOMESTEAD LOT 26 OF THE SAN JUSTO RANCHO, ACCORDING TO THE MAP THEREOF FILED JULY 21, 1876, IN VOLUME 1 OF MAPS, PAGE 64, RECORDS OF

SAN BENITO COUNTY, CALIFORNIA, AND MORE PARTICULARLY PART OF THE PORTION OF SAID LOT CONVEYED TO SAM G. SALAMUNOVICH, ET UX, BY DEED RECORDED IN VOLUME 118, AT PAGE 56, OFFICAL RECORDS OF SAN BENITO COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 26, IN THE CENTERLINE OF THE CEMETERY ROAD WHICH THE SOUTHEASTERLY CORNER OF SAID LOT 26 BEARS S. 87' 00' E. 1111.29 FEET AND NOTHERWESTERNLY CORNER OF SAN JUSTO PARK SUBDIVISION AS SHOWN ON MAP RECORDED IN BOOK 3 OF MAPS, AT PAGE 37, RECORDS OF SAN BENITO COUNTY, CALIFORNIA, BEARS S. 87° 00' E. 70.00 FEET; THENCE N. 2° 29' E. 220.00 FEET; THENCE N. 87' 00' W. 70.00 FEET TO A POINT IN THE WESTERLY LINE OF PARCEL 1 OF ABOVE MENTIONED DEED; THENCE ALONG SAID WESTERLY LINE S. 2° 29' w. 220.00 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM, AN UNDIVIDED %2 INTEREST IN AND TO A WELL AND PUMPING

PLANT, AND CONTAINED IN THAT CERTAIN AGREEMENT MADE BY AND BETWEEN EMILY MARTIN, ETVIR, AND CARMEN H. BLAKEWAY, ET UX, RECORDED SEPTEMEBER 8, 1953 RECORDER'S FILE NO. 56818, SAN BENITO COUNTY RECORDS.

APN: 020-050-013
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EXHIBIT B
Terms and Conditions

1. Plans and Specifications
The plans and specifications submitted by Owner shall include:
• A site plan
• Plumbing plans
• Proposed Lateral facilities
• Backflow prevention device described below

2. Backflow Prevention
The Lateral serving the Property shall be equipped with a backflow prevention device approved by the City.

3. Separate Laterals
In the event the Property is split or subdivided in the future, any parcel which is not owned by Owner shall be served by a separate side sewer (lateral) connecting the buildings located thereon to the public sewer.

4. Connection Permit
The applicant shall submit plans and estimates to obtain a permit for connection. The plans shall detail the lateral design, traffic control, trenching, pavement repair and any other improvements required by the City or County for the installation of the sewer connection.

Any damage to the City's facilities shall be repaired by the applicant at their sole expense.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: February 2, 2024
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO., A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE MEMORANDUM OF

UNDERSTANDING WITH SAN BENITO COUNTY FOR THE ESTABLISHMENT AND

ADMINISTRATION OF A NON-EXCLUSIVE PERMIT SYSTEM FOR THE

COLLECTION AND DIVERSION OF SOLID WASTE
BRIEF DESCRIPTION: This item, if approved, will establish a Memorandum of Understanding (MOU) between the City of Hollister and the County of San Benito for the establishment of a permit system for non-exclusive franchise agreement for the collection and diversion of solid waste.

RECOMMENDATION: Adopt a resolution approving the MOU between the City of Hollister and the County of San Benito for the establishment of a permit system for non- exclusive franchise agreement for the collection and diversion of solid waste.

DEPARTMENT SUMMARY:

SB 1383 Background:

In September 2016, Governor Brown signed into law Senate Bill 1383 (SB 1383) establishing methane emissions reduction targets. Methane emissions result from the decomposition of organic waste in landfills and are a source of greenhouse gas (GHG) emissions. Senate Bill 1383 directs the Department of Resources Recycling & Recovery (CalRecycle) to adopt regulations and requirements to achieve state-wide goals including a goal to reduce organic waste disposal at landfills by 75 percent by the year 2025; and requires that not less than 20% of edible food that is currently disposed of be recovered for human consumption by 2025.

To meet the state-wide goals of SB 1383 and its January 1, 2022, compliance implementation deadline, CalRecycle has established numerous organic waste disposal program requirements impacting municipal jurisdictions, generators, processors, and haulers. Some of the program requirements include:
• Provide organic waste collection service to all residents and businesses. • Establish an edible food recovery program that recovers edible food from the waste stream.
• Conduct outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and county and city departments.

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• Procure recycled organic waste products like compost, mulch, and renewable natural gas (RNG).
• Inspect and enforce compliance; and
• Maintain accurate and timely records of compliance.

Under SB 1383, CalRecycle has the authority to financially penalize non -compliant jurisdictions up to $10,000 per day.

SB 1383 Rural Exemption for the San Benito County Integrated Waste Management Regional Agency
Per Section 18984.12 (c) of the SB 1383 regulations, a qualifying rural county may adopt a resolution exempting the county from specific SB 1383 requirements based upon findings as to the purpose of and need for the exemption. The San Benito County Integrated Waste Management Regional Agency members qualified for the exemption if the rural jurisdiction (the County) receives delegation authority to applied for the exemption on the Agency members' behalf, which was previously granted. On October 26, 2021, the Board of Supervisors approved and affirmed a resolution that allows the County as Lead Agency to apply for a rural exemption on behalf of the Regional Agency members for SB 1383. The rural exemption was approved and put into effect by CalRecycle on June 9, 2022.

The rural exemption exempts the San Benito County Integrated Waste Management Regional Agency members from the mandatory organics collection requirements and other associated requirements, until December 31, 2026.

Non -Exclusive Franchise Agreement History
Non -Exclusive Franchise Agreements (NEFAs) are required to be held by any haulers active in San Benito County for solid waste collection, roll -off collection, and recyclables/organics collection. This program is administered by the Integrated Waste Management (IWM) division of San Benito County. The John Smith Road Landfill operator, Waste Connections, Inc. has supported Integrated Waste Management with NEFA compliance at the landfill scale house. The NEFAs are agreements between each hauler and the County as well as the two incorporated cities: Hollister and San Juan Bautista (Cities). The current NEFAs do not expire unless terminated for cause.

The NEFAs include several requirements that help regulate haulers active in the area and are identical to each other except for the franchise fees. The most important requirements are listed below:
• Monthly reporting and franchise fee payments
• NEFA haulers are required by their Agreements to submit a recycling Plan that demonstrates 50% diversion of the waste that is hauled to assist the County to meet state recycling laws.
• Franchise fee of 5% for projects located in the County and Hollister, and 10% for residential customers and 15% commercial customers located in San Juan Bautista
• Insurance and Indemnification clauses
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San Benito County's IWM division has been administrating the NEFAs, which includes receiving regular reporting from the haulers and ensuring the haulers comply with the NEFA agreement language.

Three zones dictate the extent of Recology's exclusive franchise agreement, which in turn affects the areas in which the NEFA haulers are allowed to operate and the types of service they can perform. The zones are as follows:

1. Mandatory — Recology is required to provide solid waste collection service in this zone, and generators are required to subscribe to solid waste collection service.

Recology's franchise does not include C&D debris collection in temporary roll- off/debris boxes and Drop Box service (which can be provided as regular service), and other permitted haulers are allowed to provide such service in the Mandatory zone.

2. Discretionary — Recology isn't required to provide solid waste collection service and generators are not required to subscribe, but if requested by a generator, Recology is obligated to provide service.

3. Voluntary — Generators aren't required to subscribe to service and Recology is not obligated to provide service. The voluntary zone is primarily rural agricultural land and the majority of generators in this area self -haul their solid waste.

Attachment 1 shows the three zones with red indicating mandatory Recology service, orange representing the discretionary zone, and green indicating the voluntary area.

The red zones are inclusive of both incorporated cities as well as portions of Unincorporated County. Importantly, regardless of zone, all residents and businesses are legally allowed to haul their own solid waste in their own vehicles, which is known as "self -haul" (among other exemptions to the franchise). Self -haul would typically be in addition to regularly scheduled service.

Proposed Changes to NEFA
The current NEFA system, while effective in regulating the haulers active in the County, requires modernization. The main benefits to modernization include the following:

1. Legislative compliance. IWM is required to report the number of businesses that are subject to certain state laws, and with the current reporting requirements for NEFA, IWM does not have sufficient information to meet the State's reporting standards. Additionally, the new State law SB 1383 requires mandatory recycling and organics participation, which may require significant changes for haulers currently providing regularly scheduled service, including the NEFA haulers.

There are other related requirements of the State law that are best performed by the NEFA haulers for their own customers; the proposed revisions to the permit will help to transition into SB 1383 compliant service for NEFA.

2. Save staff & hauler time. The proposed MOU would consolidate responsibility for administration of State requirements in IWM and streamline a system that might otherwise require a separate NEFA agreement or permit from each City and the County, separate reporting, and additional overhead and coordination between City staff and IWM to meet State requirements. Additionally, we are recommending reducing reporting frequency from monthly to quarterly.

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Most importantly, while the Cities currently receive franchise fee payments from the NEFA haulers, they have not been approving the NEFA contracts. The County wishes to simplify the NEFA system by receiving authorization from the Cities to execute hauling contracts at its discretion without requiring the Cities to individually approve each contract via MOU. This would formalize the existing procedures in place now.

Because the Cities are all in the mandatory zones for Recology, the only NEFA activity in the Cities would be temporary and on -call roll -off service, which is expected to primarily be provided for construction and demolition (C&D) activity. Schools also operate outside of the Recology exclusive franchise. The proposed revisions would also align the permit system with the existing governance/contractual framework under which the Recology exclusive franchise has already been awarded by the cities of Hollister and San Juan Bautista, and the County of San Benito
The County currently collects, and would continue to do so, all NEFA franchise fee payments and distributes the City of Hollister and the City of San Juan Bautista payments to each respective city.

Memorandum of Understanding for Hauling Permit
An MOU between the Regional Agency members is necessary to outline the roles and responsibilities of each member agency for the establishment of the new permit system.

The responsibilities of each member agency are outlined in the MOU.

County Responsibilities Per the MOU, the County will administer the new permits. County will be responsible for the following:
1) Receiving and processing permit applications, hauler reports, and fee payments
2) Executing permits
3) Reporting and recordkeeping of compliance for County use and for reporting to CalRecycle
4) Enforcing all permit requirements
City Responsibilities The Cities will be responsible for the following- 1 ) Enter into the Memorandum of Understanding
2) Adopt and make part of their municipal codes adjustments establishing the permit system, including the specific provisions provided to the Cities by the County
3) Provide program related information to the County as requested. 4) Assist the County on any related issues requiring jurisdictional assistance or lead in resolving issue(s) related to complaints or noncompliance.

Integrated Waste Management Regional Agency Local Task Force Integrated Waste Management staff has presented the current NEFA process and the proposed NEFA Permit System, MOU and Code revisions to the Local Task Force (LTF) in 2022 Quarters 2 and 4 and in 2023 Quarters 2,3 and 4. This local task force includes an elected representative from each jurisdiction. During the 2023 Quarter 4 meeting of the LTF the members voted to recommend to their respective bodies to adopt the NEFA code updates and MOU.

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Hauling Permit
To prepare San Benito County and the Cities of Hollister and San Juan Bautista for the end of the rural exemption, the proposed permit introduces some improvements that are intended to transition the existing NEFA haulers to SB 1383 compliant collection services. The proposed permit would add the following requirements:

1. Requirement to provide recycling and organics service to regularly scheduled service for generators that subscribe to garbage service only; with an allowance for some waivers as appropriate & documented.

2. Introduction of container color and labeling standards.

3. Requirement to divert recycling and organics to appropriate facilities for diversion and not land application or disposal.

4. Introduction of certain customer education requirements, and the inclusion of web -based educational content for San Benito customers.

5. Contamination monitoring requirements via route audit or waste evaluation.

6. Requirement to process all construction and demolition materials at an approved facility.

7. Reporting of vehicle lists to the County every three years.

8. Additional regulation on overweight vehicles.

9. Introduction of liquidated damages.

10. Expansion of insurance requirements; and inclusion of performance bond.

11. Regular annual reporting of customer subscription data for CalRecycle and compliance monitoring generally; and submission of additional materials upon permit application, including customer rates.

12. Current monthly tonnage and revenue/fee reporting and payment are updated to quarterly to reduce administrative overhead for the permitted haulers, as well as costs for IWM staff time (paid by all RA members).

13. Removal of the requirement to submit a Recycling Plan.

14.Authority to approve the new permit system would reside with the County of San Benito Board of Supervisors.

FINANCIAL IMPACT: No significant financial impact.

CEQA: N/A
ATTACHMENTS:

1. Attachment 1 NEFA MOU Staff Report 2024

2. DRAFT NEW PERMIT 10.04.23

3. MOU between County and Cities NEPS 01.12.2024 V4

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.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE MEMORANDUM OF UNDERSTANDING WITH SAN BENITO

COUNTY FOR THE ESTABLISHMENT AND ADMINISTRATION OF A NON-

EXCLUSIVE PERMIT SYSTEM FOR THE COLLECTION AND DIVERSION OF SOLID WASTE
WHEREAS, the County and the Cities of Hollister and San Juan Bautista (Cities) entered into a Joint Powers Integrated Waste Management Agreement in 1995, pursuant to Public Resource Code Section 40970, to form the San Benito County Integrated Waste Management Regional Agency (Regional Agency); and WHEREAS, as the lead agency of the Regional Agency, the County has been assisting the jurisdictions within the County with compliance and any applicable exemptions concerning AB 939, AB 341, and AB 1826 and is assisting with SB 1383 applicable exemptions and compliance; and
WHEREAS, the Regional Agency has been granted a rural exemption from SB 1383 requirements to establish an organics waste collection program due to the County's rural composition; and
WHEREAS, the SB 1383 rural exemption is anticipated to expire on December 31, 2026; and
WHEREAS, not all areas of SB 1383 are exempt under the rural exemption granted by CalRecycle, including some elements of program implementation and annual reporting requirements to CalRecycle; and
WHEREAS, the County and the Cities will continue working towards SB 1383 compliance and development of effective recycling & organics waste collection programs; and
WHEREAS, AB 939 mandates the diversion of 50% of the solid waste generated within the County; and
WHEREAS, the County and the Cities executed the Cost -Sharing Agreement in May of 2006 which further defines that the County oversees refuse and recycling collection, disposal, and processing contract operation, and shall provide for strict accountability of all funds received or disbursed by the Regional Agency and shall provide reports of all receipts and disbursements, pursuant to Government Code section 6505. Any contracts entered into as part of duties under the Cost -Sharing Agreement by the County of San Benito, which contemplate a charge to residents and commercial and industrial businesses, shall be reviewed and approved by the Local Task Force and further approved by the representative governing bodies according to their statutory authority; and
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WHEREAS, the County and its cities have been participating in a non-exclusive franchise agreement (NEFA) system to ensure proper reporting of garbage, recyclables and organics collected and fees paid as appropriate; and WHEREAS, the County intends to formalize this relationship by administering the program on behalf of the Cities through this memorandum of understanding; and WHEREAS, based on best practices, County staff will revise the current NEFA system into a permit system to be more consistent with local regulatory powers and ordinances, to implement a more effective recycling & organics waste collection program, and to ensure ongoing SB 1383 compliance and reporting is conducted on behalf of the County and Cities.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Memorandum of Understanding with San Benito County for the Establishment and Administration of a Non-exclusive Permit System for the Collection and Diversion of Solid Waste.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of February, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. , is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 5th day of February, 2024, 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 February, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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NON-EXCLUSIVE PERMIT FOR COLLECTION AND DISPOSAL OF MATERIALS

IN THE COUNTY OF SAN BENITO
This Non -Exclusive Permit ("Permit") is entered into on this _ between the County of San Benito ("County") and
day of in the year of
("Permittee") for the services described herein, to comply with San Benito County Code Chapter 15, "Solid Waste Regulations," Hollister Municipal Code Chapter 8.12, "Garbage Collection and Disposal," and San Juan Bautista Municipal Code Chapter 5-4, "Refuse Collection and Recycling."

1. SCOPE AND DURATION OF PERMIT
The initial term of this Permit shall be for three (3) years beginning July 1, 2024. This Permit grants the Permittee the non-exclusive right to collect and transport for recycling or disposal of the specific materials as designated below ("Services") within the County of San Benito pursuant to San Benito County Code Chapter 15, Hollister Municipal Code Chapter 8.12, and San Juan Bautista Municipal Code Chapter 5-4; as well as in incorporated San Juan Bautista and Hollister for Roll -off collection service in accordance with the terms of the exclusive franchise agreement and the Memorandum of Understanding Regarding Non -Exclusive Permits.

Initial below as appropriate:

Recyclables, organics, and solid waste collected in carts and/or bins from the voluntary of discretionary areas of the unincorporated area of San Benito County as defined in the San Benito County Code Chapter 15
Recyclables, organics, and solid waste collected in roll -off dumpsters (Roll-Off/Drop Box service) from residential and commercial customers
Collection of construction and demolition recyclable materials from residential and commercial customers
Also initial below to indicate area to be served:

Unincorporated San Benito County
San Juan Bautista (only Construction & Demolition materials and Drop Box service) Hollister (only Construction & Demolition materials and Drop Box service) Fees applied for each service area are specified in "Attachment A" of this permit.

San Benito County currently meets the definition of a Rural County as defined in Section 42649.8 of the Public Resources Code due to its population being under 70,000. As a Rural County San Benito County is currently exempt from complying with organic waste collection requirements of SB 1383. Beginning December 31, 2026, it is expected that San Benito County will no longer be exempt per SB 1383's rural exemption validity period.

Mandatory subscription of organics and recycling collection is required for all customers under this permit. However, County may grant a waiver of this requirement if the Permittee identifies a waste generator as unfeasible for a source separated collection system due to geographic isolation. This waiver Packet Pg. 343

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is temporarily allowed under this permit due to the Rural County exemption. Permittee must provide a detailed explanation of why source separated collection is unfeasible for each customer that does not subscribe to recyclables, organics, and solid waste collection as stated in Section 4 of this permit. After the Rural County exemption ends, it is expected that the County will no longer allow geographic isolation waivers. Other SB 1383 waivers will still be available to generators.

Exclusions to Requirement to Obtain Permit.

A. Recyclable and Organic Materials. Other Persons shall maintain the right to: (1) accept Source Separated Recyclable Materials and Source Separated Organic Materials donated from the service recipient, or (2) to pay the service recipient for Source Separated Recyclable Materials and Source Separated Organic Materials so long as there is no net payment made by the service recipient to such other Person.

B. Self -Hauled Materials. A Commercial business Owner, Occupant or Resident may transport Solid Waste, Recyclable Materials, Organic Materials, and C&D generated in or on their own Premises by their own Person and transported with their own vehicle for the purposes of delivery to transfer, processing, or disposal facilities;
C. Donated Materials. Any items which are separated from other materials at any Premises by the Customer or Generator and donated to youth, civic, or charitable organizations; D. Beverage Containers. Containers delivered for Recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq. California Public Resources Code;
E. Materials Removed by Owner's or Occupant's Contractor as Incidental Part of Services. Solid Waste, Recyclable Materials, Organic Materials, and/or C&D removed from a Premises by a contractor (e.g., gardener, landscaper, tree -trimming service, demolition contractor) as an incidental part of the service being performed and such contractor is providing a service which is not included in the scope of this Agreement;
F. Animal, Grease Waste, and Used Cooking Oil. Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil;
G. Sewage Treatment By -Product. By-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
H. Excluded Waste. Excluded Waste regardless of its source; and, I. Materials Generated by State, County, and Federal Facilities. Materials generated by State, County, and Federal facilities including local public schools located in the County provided that the Customer or Generator has arranged services with other Persons or has arranged services with the Contractor through a separate agreement.

2. FEE
For the Permittee to conduct said activities, the Permittee shall pay fees according to the terms specified in "Attachment A." which is incorporated into this permit. The permit fee shall remain fixed during any term or renewal term. However, the County may establish a different permit fee by adopting a resolution at least sixty (60) days before the commencement of a new term of this Permit.

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In addition to the fixed permit fees the Permittee shall also pay an initial application fee of this fee is also stated in "Attachment A"

3. DEFINITIONS AND PREVAILING LAW
In case of any conflict between the provisions of this permit and those in San Benito County Code Chapter 15 or any other section of the Municipal Code, the provisions of the Municipal Code shall prevail.

A. "Act" means the California Integrated Waste Management Act of 1989 (sometimes referred to as "AB 939"), Public Resources Code § 40000 and following as it may be amended, including but not limited to AB 341, SB 1016, AB 1826, and SB 1383, and as implemented through the regulations of CalRecycle.

B. "Business" means a commercial entity, proprietorship, firm, partnership, joint-stock company, person in representative or fiduciary capacity, association, venture, trust, or corporation that is organized for financial gain or profit, including but not limited to, offices, retail stores, markets, industrial facilities, schools, school districts, manufacturing facilities, warehouse and distribution facilities, restaurants, motels and hotels, theaters, medical offices, gas stations and automotive facilities; and not -for -profit organizations, associations and entities, including but not limited to, churches, hospitals, and social service organizations.

C. "Food Waste" means food scraps and trimmings and other putrescible waste that results from food production, preparation, storage, consumption or handling. Food Waste includes but is not limited to: meat, poultry, fish and dairy waste, fruit and vegetable waste including beans, nuts, eggs and eggshells, grain waste including pasta and bread, and may also include compostable food packaging items or food soiled products such as pizza boxes, paper towels, and food contaminated paper products and excludes animal excrement.

D. "Garbage" means all putrescible and non-putrescible solid, semi -solid and associated liquid waste, as defined in California Public Resources Code Section 40191. Garbage does not include those items defined herein as Recyclable Materials, or Organic Waste that have been source - separated for purposes of diversion.

E. "Generator" means a person or entity that is responsible for the initial creation of waste.

F. "Green Waste" means any vegetative matter resulting from normal yard and landscaping maintenance. Green waste includes plant debris, such as, ivy, grass clippings, leaves, pruning, weeds, branches, brush, non -flocked holiday trees, and other forms of vegetative waste and must be generated by and at the service unit wherein the green waste is collected. Green waste does not include items herein defined as exempt waste or palm fronds, poison oak, yucca or cactus.

G. "Mixed C&D Debris" means C&D debris that includes commingled recyclable C&D materials and non -recyclable C&D debris generated from a project.

H. "Organic Waste" means solid wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, Green Waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46).

I. "Permittee" means a waste collector operating within the County of San Benito that holds a valid Public Works waste collector permit issued pursuant to the San Benito County Code Chapter 15.

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J. "Recyclable C&D Material" means used or discarded materials resulting from construction, demolition or renovation, including but not limited to remodeling, repair, or demolition operations, on any pavement, sidewalk, street, roadway project, bridge, house, commercial building, utilities or any other facility, structure or improvement, that are designated to be diverted from landfills and returned to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace.

K. "Recyclable Material (Recyclables)" means any materials capable of being containerized and diverted from the landfill, including, but not limited to, magazines, newspapers, office paper, cardboard, chipboard, aluminum, tin and plastic beverage containers and other items that from time to time are classified as eligible for recycling. Recyclable material does not include refuse or hazardous materials.

L. "SB 1383" means the Short -Lived Climate Pollutants Reduction Act, California Code of Regulations Title 14, Division 7, Chapter 12.

M. "Service Area" means the geographical boundaries of San Benito County.

N. "Service Level" refers to the size of a Customer's Container and the frequency of Collection service.

O. "Solid Waste" means solid waste as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, §40191 and regulations promulgated hereunder. Excluded from the definition of Solid Waste are Excluded Waste, Source Separated C&D, Source Separated Recyclable Materials, Source Separated Organic Materials, and radioactive waste. Notwithstanding any provision to the contrary, Solid Waste may include de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe Collection, Recycling, treatment, and Disposal of Household Hazardous Waste in compliance with Section 41500 and 41802 of the California Public Resources Code as may be amended from time to time. Solid Waste includes salvageable materials only when such materials are included for Collection in a Solid Waste Container.

4. PERMITTEE PROVIDED SOLID WASTE CONTAINERS
A. General: Each generator must subscribe to scheduled weekly service and shall receive garbage, recyclable material, and organic waste collection and disposal services. A minimum of three (3) containers shall be provided to each generator for the storage of solid waste as described below, unless the generator has obtained a County -approved Waiver in accordance with Section 8 of this Hauler Permit. This provision of three or more containers shall comply with the collection container requirements specified in San Benito County Code Chapter 15. Permittee is responsible for ensuring generator compliance with this requirement and shall notify the County and cease providing Garbage service to any account that does not qualify for a Waiver and refuses Recyclable Materials or Organic Waste service at the request of County. This requirement does not apply to temporary service.

B. Source Separated Recyclable Materials Collection: Permittee shall provide blue recycling containers to generators for the collection of source separated recyclable materials and shall provide weekly recyclable materials collection service except to those accounts that hold an approved waiver in accordance with Section 8 below. Permittee shall transport the recyclable materials pursuant to San Benito County Code Chapter 15.

C. Source Separated Organic Waste: Permittee shall provide green organic waste containers to generators for the collection of organic waste and shall provide weekly organic waste collection Packet Pg. 346

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service except to those accounts that hold an approved waiver in accordance with Section 8 below. Permittee shall transport organic waste pursuant to San Benito County Code Chapter 15. a. Organic Materials that are mandatory to be accepted for collection in the commercial collection program include the following:
i. Food waste
ii. Food soiled paper
iii. Green waste
iv. Lumber and untreated wood
b. Green waste and wood may be collected separately or excluded from collection if the generator demonstrates that such waste is otherwise diverted from landfill disposal.

Compostable plastic bag material must meet ASTM D6400 sections 5.1 through 6.4.2 standard for compostability.

D. Garbage Collection: Permittee shall provide black or gray garbage containers to Generators for the collection of garbage and shall provide weekly garbage collection service. Permittee shall transport the garbage to a disposal facility or a transfer facility for transfer and transport to a disposal facility.

E. All solid waste containers shall be sized and serviced by the Permittee with adequate frequency to meet the solid waste generation needs of the generator.

F. No later than January 1, 2036, Permittee shall provide all generators with collection containers that comply with the container color and labeling requirements specified in 14 CCR 18982. If an existing container breaks or is otherwise rendered non-functional, Permittee shall replace the non-functional container with a container that complies with the color and labeling requirements within 7 days of a replacement request.

G. The County may require special container equipment, locks, and/or container labeling with generator identifying information.

H. Violations of the conditions of this section may become the basis for enforcement actions and may be deemed by County to be a material breach of this Agreement, which shall subject the Permittee to payment of liquidated damages pursuant to Attachment C of this Agreement.

5. FACILITIES
A. The Permittee shall collect, transport, recycle and/or dispose of all materials in accordance with requirements of San Benito County Code Chapter 15 ; However, the Permittee shall not be responsible for collecting, removing or disposing of materials unless they are placed in specified locations, containers and at designated times as outlined in the ordinances.

B. The Permittee shall deliver all organic waste and green waste to a facility, operation, activity, or property that processes or recovers source separated organic waste in accordance with the requirements of the Act, which does not permit the use of organic waste or green waste as Alternative Daily Cover or beneficial reuse at a landfill.

C. The Permittee shall deliver all recyclable materials to a fully permitted Material Recovery Facility or a facility, operation, activity, or property that processes and recovers the recyclable portions of the material for remanufacture.

D. The Permittee shall deliver all Mixed C&D Debris to facilities as approved and posted by the County to meet a 65% diversion rate; and any and all weight tickets obtained for delivery of this material shall be marked or otherwise designated as sorted C&D (not disposed).

E. Permittee shall annually provide a letter from organics facilities they deliver organics waste to stating whether that facility accepts and recovers compostable plastics or can accept and Packet Pg. 347

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remove plastic bags when it recovers source separated organic waste as specified in CCR 18994.2 (b) (4) (5).

F. The County may, in its sole discretion, require the use of a different site at any time during the term of the permit if the facility or site is found to not be in compliance with the Act, and the County determines that the facility or site is not acceptable due to a failure to comply with the terms of this permit or a finding by State or federal regulatory agencies that it is not in compliance with applicable law including the Act.

G. Permittee shall collect and deliver to Landfill all solid waste, including residential, commercial and industrial solid waste collected in performance of this Permit which cannot be diverted.

Permittee agrees to indemnify, defend, and hold harmless the County, its officers and employees from any claims arising out of Permittee's use of the Landfill. Permittee shall observe and comply with all regulations in effect at the landfill and cooperate with the operator thereof with respect to operations, including directions to unload collection vehicles in designated areas, accommodating construction and maintenance, and hazardous waste exclusion programs. Permittee shall at all times operate according to safe industry practices. Permittee shall pay for disposal of solid waste by Permittee at John Smith Road Landfill unless otherwise mutually agreed in writing by County and Permittee. Permittee, shall not, under any circumstances whatsoever, cause to be charged to County the disposal of any material that was collected by Permittee or by any other person, other than solid waste collected hereunder, without the express prior written authorization of the County representative.

G. AUDITS, RECORDS, AND INSPECTION AUTHORITY
A. Permittee shall maintain records, books, documents, and other evidence directly pertinent to the performance of work under this Agreement in accordance with generally accepted accounting principles and practices.

B. Upon County's request Permittee shall promptly provide, without charge, to the County or a designee access to all records, accounts, or other financial or program information pertinent to conduct the business and/or requirements of this Permit as County deems necessary to determine Permittee's compliance with legal and contractual requirements, including the correctness and accuracy of claims submitted by Permittee.

C. Permittee shall certify that any response provided to the County, pursuant to this section, is true, complete and correct.

D. Where necessary, County will retain the services of an independent auditor to verify performance and conduct an audit of Permittee records. Permittee shall provide access to County's independent auditor to all records in accordance with subsections A and B above.

E. In addition to the requirements in Subsections A and B above, Permittee shall reimburse audit costs incurred by County, and any other costs for Permittee-related services provided by County staff, its contractors, or designees in the event of significant audit findings including but not limited to, detailed follow-up audits when staff determines that documentation reported by Permittee is inadequate or incomplete.

7. EDUCATION AND OUTREACH
Permittee is encouraged to conduct education and outreach requirements as soon as possible, but is required to conduct these activities beginning January 1, 2027:

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A. Permittee shall assist County in educational and outreach activities to promote diversion of recyclable material and organic waste.

B. Annually, by February 1 of each year, Permittee shall submit to County in writing a plan detailing all of the educational and outreach programs, campaigns, and services that will be carried out during the current year to assist its generators in achieving state -mandated diversion goals and requirements. At a minimum, Permittee's outreach plan shall include:
a. At least one annual campaign targeting all generators subscribed to weekly collection service and including information about the State Mandatory Commercial Recycling Law (Assembly Bill 341, Chapter 476, Statutes of 2011), the State Mandatory Commercial Organics Recycling Law (Assembly Bill 1826, Chapter 727, Statutes of 2014), the State Mandatory Short -Lived Climate Pollutants: Organic Waste Reduction Law (Senate Bill 1383, Chapter 395, Statutes of 2016), applicable implementing regulations promulgated by CalRecycle, applicable County requirements, and how to comply with each Law.

Information distributed shall include all requirements in 14 CCR Section 18985.1 (a) including:
i. The requirement to properly separate waste;
ii. Information on methods to prevent organic waste;
iii. The methane reduction benefits of preventing landfill disposal or organic waste; iv. How to recover organic waste; and
v. Information regarding the County's edible food recovery program.

1. Outreach material produced pursuant to this section shall be developed to reflect appropriate information for the target audience (e.g. outreach information for multifamily generators may vary from that developed for commercial generators). At its option, the County may create a standardized flyer that includes all of the outreach requirements specified in 14 CCR Section 18985.1 (a). If available, Permittee may use this flyer (either an electronic version or hard copy) to fulfill the requirements of this subsection, provided that such information is distributed to all of its generators within the County. b. At least one campaign specifically directed at generators that are not in compliance with either AB 341, AB 1826, and/or SIB 1383 informing them of their requirements, how they can comply with these laws, and the consequences of noncompliance (Contamination Fees assessed by Permittee and possible enforcement action by the County). c. For generators that are determined to be Tier One or Tier Two commercial edible food generators pursuant to CCR Section 18982, annual notification of information regarding the requirement to recover edible food, actions that generators can take to reduce food waste, and a referral to or information about the County's Edible Food Recovery Program.
d. Any other campaigns as deemed appropriate by Permittee.

C. Outreach completed in accordance with Subsection B shall be in a minimum of two languages:

English and Spanish.

D. Permittee shall distribute the outreach and educational materials specified in Subsection B to all generators. Such materials may be in hard copy or electronic format. A copy of any outreach item and report of outreach materials distributed to generators shall be made available to the County upon request.

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8. GENERATOR ALTERNATIVE COMPLIANCE PROGRAM
A. Generators can fulfill the requirements of the laws described in Section 4 by obtaining an approved waiver from the County. I Permittee is responsible for tracking the compliance of all generators to whom it provides collection service. Available waiver types are as follows:
a. De minimis, meaning that the generator either is 1) subscribed to 2 cubic yards or more of total solid waste service per week and generates less than 20 gallons of organics that is disposed, or 2) subscribed to less than 2 cubic yards of total solid waste service per week and generates less than 10 gallons of organics that is disposed. b. Physical space, meaning that the premises lack adequate space to store all three containers.
c. Geographic isolation, meaning that the service location is too distant from qualifying facilities as described in Section 5 for service to be feasibly provided at a reasonable cost to the customer. Please note that generators are expected not to qualify for this type of waiver if San Benito County no longer qualifies as a Rural County.

B. Waivers.
a. County shall have the sole authority to grant recycling and organic recycling waivers; Permittee shall not have the authority to grant waivers. b. Waiver applications must be submitted by the generator on a waiver form provided by the County.
c. County shall provide Permittee with an updated listing of waivers approved by County, including the generators' names, mailing address, service address, and type of waiver.

C. Non -Exclusive Permit.
a. The County's non-exclusive commercial hauling program allows generators to select the hauler of their choice for the required services: garbage, recycling, and organic waste.

This Permit does not apply to any Exclusive Franchise Areas granted by the County or Cities. Permittee shall track compliance for all generators to which it provides garbage service as follows:
i. Generators that are existing customers and all new customers that have not subscribed to recycling or organic waste collection service shall be referred to the County within 7 days of request of service to complete a waiver, if applicable.
ii. County will review the waiver and notify the generator within 30 days of whether the form has been approved or disapproved. County and/or generator will forward the approval to Permittee.
iii. Permittee shall document the method of compliance for each generator to which it provides garbage service whether it is a subscription for service or an approved waiver. The method of compliance for each generator shall be included in Permittee's annual report required by Section 33.

9. CONTAMINATION MONITORING, RECORDKEEPING AND REPORTING Permittee is encouraged to conduct contamination monitoring, recordkeeping, and reporting requirements as soon as possible, but is required to conduct these activities beginning January 1, 2027:

A. By entering into this Agreement, Permittee hereby agrees to act as the County's designee for purposes of monitoring contamination pursuant to 14 CCR Section 18981.2 (b). Effective Packet Pg. 350

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January 1, 2027 Permittee shall implement a contamination monitoring, record keeping, and reporting program using one of the follow methods:
a. Route reviews following the requirements of 14 CCR Section 18984.5 (b); or b. Waste evaluations following the requirements of 14 CCR Section 18984.51).

This requirement does not apply to a Generator's temporary service.

B. If utilizing Route reviews pursuant to Subsection A (1), when issuing notices to generators as required by 14 CCR Section 18984.5 (b) (1), Permittee may also assess a Contamination Fee to the generator. Notices must be in the form of a tag applied to the collection container. The Contamination Fee shall be an amount that is consistent with industry standards and no more than what is reasonably sufficient to recover additional costs such as processing costs or additional collection services that are attributable to the contamination. At the request of the County, Permittee shall demonstrate that any Contamination Fees assessed are not punitive.

C. If utilizing waste evaluations pursuant to Subsection A (b), Permittee shall not issue any notices or assess any Contamination fees unless a targeted route review is completed pursuant to 14 CCR Section 18984.5 (c) (2) (B) to determine the source of the contamination. Following this determination, any Contamination Fee assessed shall be an amount that is consistent with industry standards and no more than what is reasonably sufficient to recover additional costs such as processing costs or additional collection services that are attributable to the contamination. At the request of the County, Permittee shall demonstrate that any Contamination Fees assessed are not punitive.

D. Contamination Recordkeeping. Permittee shall maintain the following documents related to its contamination monitoring program for a minimum of five (5) years:
a. A description of which method in Subsection A is used for determining the level of solid waste container contamination;
b. Documentation of all route reviews or waste evaluations conducted; c. Copies of all notices issued to Generators found to have prohibited container contaminants; and
d. Documentation of the number of Recyclable Material or Organic Waste containers where the contents were disposed of due to observation of prohibited container contaminants.

E. Contamination Reporting. Permittee shall report the following, relative to its implementation of the contamination monitoring requirements:
a. The number of route reviews conducted for prohibited container contaminants, or the number of waste evaluations conducted, including the date, amount sampled, and the resulting ratio of contamination;
b. The number of notices, violations, or targeted education materials that were issued to Generators for prohibited container contaminants; and
c. The amount of Recyclable Material or Organic Waste that was disposed of due to observation of prohibited container contaminants.

All contamination monitoring documentation shall be submitted to County annually pursuant to Attachment D unless requested more frequently. Documentation shall be in a format as directed by County and shall be made part of County's SB 1383 implementation record10. TEMPORARY COLLECTION

SERVICE
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Temporary collection service refers to waste collection provided at a site, production, event, or facility for a defined period not to exceed 30 days. Temporary Collection haulers are required to obtain a hauler permit and offer collection service for all three containers as mandated by Section 4 of this agreement. They must also provide collection with a frequency consistent with the requirements for other Permittees. Temporary Collection providers are Permittees and are required to abide by all provisions of this Hauler Permit. All provisions of this hauler permit may not be feasible for temporary collection services but should be applied to the greatest extent feasible to meet the waste diversion, education, collection, and operations requirements of SB 1383, AB 341, AB 1826 and AB 939.

11. C&D DEBRIS DIVERSION
Permittee may offer Construction and Demolition Debris collection services that are in compliance with the California Green Building Standards Code —Part 11, Title 24, California Code of Regulations (CALGreen) on a temporary on -call basis. All loads of Mixed C&D Debris must be delivered to a facility approved by the County for Mixed Construction and Demolition (C&D) processing. Regardless of whether the material is from a Covered Project, it must be processed for recovery, and no loads of mixed C&D Debris are permitted to be taken to a landfill or disposed of in any other manner. Building permit applicant must receive written approval from County prior to delivering Mixed C&D Debris to a facility other than that listed on building permit applicant's application packet.

12. PERMITTEE CONTACT INFORMATION REQUIREMENTS
Permittees are required to maintain a telephone number for responding to inquiries and for receiving complaints. The telephone number shall be listed in the telephone directory under the firm's name. A person, personal answering service, or recording service shall be available for calls between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M., Monday through Friday, holidays excepted. PERMITTEE TELEPHONE NUMBER_(_)

13. COLLECTION EQUIPMENT
A. Any and all vehicles used by Permittee to perform solid waste collection services shall be inspected annually and meet all requirements related to health and safety, specifications, vehicle inspections, certification and covered load requirements of San Benito County Code Chapter 15.

B. Permittee shall submit a vehicle inventory of Permittee's vehicles triennially, which shall include but not be limited to, vehicle number, year, make, model, capacity, and vehicle identification number (VIN). Permittee's vehicle inventory shall be submitted in a form and manner approved by the County.

C. Permittee shall maintain a current list of its vehicles and shall submit to County an amended vehicle inventory upon any changes in the inventory, such as new or replacement vehicles, or upon request of the County.

14. COLLECTION VEHICLE SIZE LIMITATIONS / OVERWEIGHT VEHICLE CHARGE Permittee is not allowed to use Collection vehicles in violation of weight limitations set forth in Applicable Law. If the total overweight vehicle rate exceeds ten percent (10%) annually during the term of the permit, Permitee may be subject to liquidated damages as outlined in Section 15 of this Haulers Permit. The overweight vehicle rate will be calculated as the total number of overweight collection vehicle instances during each month, divided by the total number of collection vehicle loads transported Packet Pg. 352

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during the same corresponding month. Prior to collecting administrative charges for overweight vehicles, the County shall afford Permittee a reasonable opportunity to provide the documentation of the extraordinary circumstance that caused the overweight vehicles. Extraordinary circumstances in this particular case include, but may be limited to, heavy rains or high winds that caused excess Organic Recyclable Material to be generated, rain to accumulate in open Collection Containers, or normal Collection routes to be delayed or shortened to extreme weather conditions. The County shall have authority to consider Permittee's documentation and uphold and collect the assessed charge, to reduce the charge, or waive and dismiss the charge. The County shall also have the authority to waive charges in advance of an anticipated, or in response to and actual, emergency event.

15. LIQUIDATED DAMAGES
A. Failure of Permittee to provide solid waste collection containers and services as required by this Agreement will be subject to the assessment of liquidated damages pursuant to the schedule in Attachment C.

16. CONTRACT ADMINISTRATOR
The Integrated Waste Management Director for San Benito County is designated by the Board of Supervisors as its Administrator for this Permit. All matters concerning this Permit are within the responsibility of the County under the direction of, or shall be submitted to, the Administrator or any employee as the Administrator may appoint. County may, in its sole discretion, change its designation of the Administrator and shall promptly give written notice to Permittee of any such change.

17. GUARANTEE OF CODE COMPLIANCE
Permittee hereby agrees, covenants, and promises to comply with all provisions of the San Benito County Code Chapter 15, Solid Waste Regulations, or any other applicable ordinances which are in effect or shall become in effect during the course of this Permit. Failure to comply shall constitute grounds for termination of this Permit.

18. COUNTY'S RIGWTTO INSPECTPermittee agrees to allow County, or County Contractor, or designee to inspect all equipment and facilities used in Permittee's efforts under this Permit, any materials collected by Permittee under this Permit, and the facilities used) if owned by Permittee or an affiliated company, upon reasonable notice to Permittee. Inspections shall take place during normal business hours without notice, and at any other time with reasonable notice.

19. INDEMNIFICATION
Permittee agrees to indemnify, defend and hold harmless the County and County's officers, agents and employees from and against any and all claims and losses whatsoever arising out of or in any way related to Permittee's performance under this Permit or the San Benito County Code Chapter 15, Solid Waste Regulations (or any other ordinance in effect or which shall become in effect during the course of this Permit) including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorney's fees, court costs, investigation costs, and expert's fees) incurred by the Permittee in connection with such claims. "Performance" includes the party's action or inaction of that party's officers, employees, agents and employees. Permittee's indemnity obligation hereafter shall not extend to claims and losses arising out of County's sole negligence or willful misconduct or County's breach of the terms and conditions of this Permit.

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20.INSURANCE
A. Permittee is required to maintain a policy of insurance for the duration of this permit and is required to be filed with the County in connection with the issuance of any license or permit.

B. Without limiting Permittee's indemnification, prior to the commencement of any work under the Hauler Permit, Permittee shall maintain in force at all times during the term of this Hauler Permit and any extensions or modifications thereto, insurance as specified in Attachment B and provide evidence thereof to County.

C. It is the responsibility of Permittee to notify its insurance advisor or insurance carrier(s) regarding coverage, limits, forms and other insurance requirements specified in Attachment B.

Failure to maintain insurance as required in this Hauler Permit may be grounds for material breach of contract.

D. Permittee shall certify its compliance with Labor Code Section 3700 in the form attached hereto and incorporated by reference, in Attachment B.

Permittee or its insurance broker shall deliver the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage to County. County may designate an insurance certificate processor ("Processor") to accept and process Permittee's proof of insurance. Permittee shall deliver copies of the actual insurance policies, renewals, or replacements directly to County or Processor upon their request.

21. PROOF OF INSURANCE
Prior to execution of this Permit by the County, Permittee shall provide proof of all insurance required under section 21 of this Permit. Permittee shall file a new or amended certificate within 30 days after any change is made in any insurance policy which would alter the information of the certificate then on file.

22. INDEPENDENT CONTRACTOR
Permittee and its officers, agents and employees, in the performance of activities authorized by this Permit, are independent contractors in relation to County and not officers or employees of County.

Nothing in this Permit shall create any of the rights, powers, privileges or immunities of any employee of the County. Permittee shall be solely liable for all applicable taxes and Social Security taxes, arising out of the performance of this Permit.

23. COMPLIANCE WITH APPLICABLE LAWS
Permittee, at its sole cost and expense, shall comply with all applicable federal, state and local laws and regulations in effect and which shall become in effect during the term of this Permit in performing the activities and providing the services authorized by this Permit and San Benito County Code Chapter 15, Solid Waste Regulations, or any other applicable ordinances or laws pertaining to collecting and disposing of solid waste or recyclables.

24. SOLID WASTE COLLECTION AND DIVERSION.

1. (Applicable to solid waste collection in discretionary and voluntary area and roll off dumpsters only) Diversion of Solid Waste.

1. Permittee acknowledges that the County through the County Integrated Waste Management Regional Agency has been the subject of a compliance order by the California Integrated Waste Packet Pg. 354

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2. Management Board (the "Board") for failure to timely comply with AB 939 and is subject to Performance Specifications and Performance Standards and other Performance Obligations, including Diversion Goals, intended to help the County meet its AB 939 diversion obligations.

Therefore, meeting the diversion goals established by this Permit is of the utmost importance to County which faces fines of up to $10,000/day for noncompliance with AB 939 and other programmatic Permits with the Board.

Permittee shall make reasonable efforts to encourage customers to recycle and reduce waste, and shall otherwise implement universal recycling and organics collection as described in Section 4.

Within 15 business days of a request from Administrator, Permittee shall provide the Administrator with records or other documentation, including weigh tickets, invoices, bills of lading, and receipts from Solid Waste Processing Facilities ("Records"), supporting Tonnages in the Diversion Report. If Permittee does not timely provide requested Records to the Contract Administrator's satisfaction, the Administrator may secure additional Records and conduct an investigation to resolve its questions, the costs for which Permittee shall be solely responsible to pay.

3. Hazardous waste. Permittee shall implement a hazardous waste screening identification and prevention protocol. If Permittee inadvertently delivers material to the Disposal facility which is comprised of hazardous waste and Permittee cannot identify and/or fails to remove it, Permittee shall arrange for its proper disposal in accordance with applicable law or cooperate with the facility owner or operator with respect thereto.

4. Permittee may not litter premises in the process of providing service or while its vehicles are on the road. Permittee must transport all materials Collected under the terms of this Permit in such a manner as to prevent the spilling or blowing of such materials from Permittee's vehicles.

Permittee must exercise all reasonable care and diligence in providing service so as to prevent spilling or dropping of Garbage, Recyclable Materials, or Organic Materials, and must immediately, at the time of occurrence, clean up such spilled or dropped Garbage, Recyclable Materials, or Organic Materials.

5. Permittee is not responsible for cleaning up sanitary conditions caused by the carelessness of the Generator; however, Permittee must clean up any material or residue that is spilled or scattered by Permittee or its employees. Permittee shall use due care to prevent vehicle oil, vehicle fuel, or other liquids from spilling during collection or transportation operations including maintenance of collection vehicles to minimize and correct any leaks. Permittee shall ensure that all liquid spills or leaked liquids or fluids are cleaned up promptly on the same day that they occur in accordance with National Pollutant Discharge Elimination System (NPDES) requirements. Equipment oil, hydraulic fluids, spilled paint, or any other liquid or debris resulting from Permittee's operations or equipment repair must be covered immediately with an absorptive material and removed from the street surface. Permittee must document spillage and notify County's stormwater compliance coordinator within ninety (90) minutes of any spills resulting from Permittee's operations or equipment. When necessary, Permittee must apply a suitable cleaning agent and cleaning technique to the street surface to provide adequate Packet Pg. 355

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cleaning as approved by the County's stormwater compliance coordinator to be compliant with the County's stormwater permit.

6. The above paragraphs notwithstanding, Permittee must clean up any spillage or litter caused by Permittee within ninety (90) minutes upon notice from the County. If County deems necessary, Permittee must engage third -party environmental clean-up specialist to remove any equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after Permittee's own clean-up efforts. If clean-up is not conducted to satisfaction of County, County has right to engage environmental clean-up specialist to perform additional clean-up work at the expense of Permittee. In the event of Permittee's spill or release of a Hazardous Substance, Permittee is responsible for promptly notifying any federal, State, County, or local governmental agency having jurisdiction over same as maybe be required under federal, State, County or local law or regulation. Permittee shall provide a report to the County and California Department of Fish & Game, which includes the nature of each spill, the corrective action(s) taken, the timing of corrective action(s) taken, and the outcome, for each spill that occurred in the prior quarter.

7. In the event where damage to County streets is caused by a hydraulic fluid spill (i.e., any physical damage more than a simple cosmetic stain caused by the spill), Permittee shall be responsible for all repairs to return the street to the same condition as that prior to the spill. Permittee shall be responsible for all clean-up activities related to the spill. Repairs and clean-up shall be performed in a manner satisfactory to the County and at no cost to the County.

8. To facilitate immediate cleanup, Permittee's vehicles must always carry enough petroleum absorbent materials, along with a broom and shovel.

25. BANKRUPTCY.

Permittee shall immediately notify County in the event that Permittee ceases conducting business in the normal course, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under the Federal Bankruptcy Act or any other statute of any state relating to insolvency or protection of the rights of creditors. Where such proceedings are not withdrawn or discharged within thirty (30) days, then the County may at its option terminate this Permit.

26. PROHIBITION
Against Assignment and Subcontracting. Except as specifically authorized herein, no rights under this Permit may be assigned and no duties may be delegated or subcontracted by one party without the prior written consent of the other party, and any attempted assignment, subcontracting or delegation without such consent shall be void and will terminate this Permit. Consent to assignment or delegation shall not be unreasonably withheld.

27. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this Permit shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end, the provisions of this Permit are declared to be severable.

28. ENTIRE PERMIT.

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This Permit is the entire agreement of the parties. There are not understandings or agreements pertaining to this Permit except as are expressly stated in writing in this Permit or in any document attached or incorporated herein by reference.

29. NOTICES.

Notices to the parties in connection with the administration of this permit shall be given to the parties' Administrator personally, by regular mail, email, or by facsimile transmission as more particularly specified in this section. Notices will be deemed given on: (a) The day notice is personally delivered or emailed to the Administrator or the office of the party's Administrator; or (b) Five days after the date the notice is deposited in the United States mail, addressed to a party's Administrator as indicated in this Permit, with first-class postage fully prepaid; or (c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in section 32 of this Permit, provided that an original of such notice is deposited in the United States mail, addressed to the party's Administrator as indicated in this Permit, on the same day as the facsimile transmission is made.

30. INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers are the pertinent information for the respective Contract Administrators for the parties:

COUNTY
Director Name:

Integrated Waste Management
Dept. 23 01 Technology Parkway
Hollister, CA 95023
(831) 636-4110 Telephone

PERMITTEEE
County of San Benito Address:

Permittee Phone

31. REPORTING REQUIREMENTS.

Permittee shall prepare and file reports with the County's Contract Administrator or designee. The reports shall include information regarding the name and address of the account where the material is generated, the volume and service level for each type of material collected: solid waste, recyclables and organic materials , the type and quantity of materials recovered via recycling, composting and donation efforts, including facilities used. Reports shall be filed with the County's Contract Administrator at the end of each quarter and shall be considered delinquent if not received by the 20th of the month they are due. Reports shall be due April 20th, July 20th, October 20th and January 20th for the previous 3 months period . Failure to file reports timely shall constitute grounds for termination of this Permit.

The following reports shall be submitted by Permittee pursuant to the Reporting Schedule included in Attachment D:

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A. Quarterly Reports. Permittee shall submit quarterly tonnage and revenue reports as provided in San Benito County Code Chapter 15 in a format as required by the County.

B. Annual Reports.
a. Permittee shall submit annual generator data for all commercial generators serviced by Permittee in the County and annual information on disposal facilities used as required by San Benito County Code Chapter 15 in a format as required by the County. The County may require Permittee to submit the annual generator report more frequently to meet state requirements. The report shall include, but is not limited to:
i. A list of all generators serviced in the County including the following information for each:

1. Generator Account number;

2. Account type (business or multi -family);

3. Name of generator or business receiving service;

4. Address and phone number of service location;

5. Name, Mailing/billing address, and phone number of generator if different than service location;

6. Type of material collected and Weekly service volume for each waste type;

7. Type of waiver, if waiver exists, as described in Section 8;

8. Explanation why source separated collection is unfeasible for each customer that is not subscribed to organics, recyclable, and trash collection and lacks a waiver.
b. Permittee shall submit an annual generator compliance report as required by San Benito County Code Chapter 15 in a format as required by the County. The County may require Permittee to submit the annual compliance report more frequently to meet state requirements. Permittee shall include Alternative Compliance information pursuant to Section 8 of this Hauler Permit. The report shall include, but is not limited to:
i. The total number of generator accounts in the County; ii. The number of generators that:

1. Subscribe to recycling service (report shall indicate whether service is provided by Permittee or by another hauler or service);

2. Do not subscribe to a recycling service;

3. Subscribe to organic waste recycling service (report shall indicate whether service is provided by Permittee or by another hauler or service);

4. Do not subscribe to organic waste recycling service; and

5. Have an approved waiver for either recycling or organic waste recycling service.
iii. The total weekly yardage of solid waste collection service for each service type (garbage, recyclable materials, and organic waste) provided to covered generators during the reporting period.
c. A list of all solid waste disposal, materials recovery, organic waste processing, or other facilities to which the hauler delivered materials directly or to which materials collected Packet Pg. 358

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in the County were ultimately delivered for processing, recovery or disposal in the prior calendar year including the following information for each facility:

1. Facility name and location;

2. The Recycling and Disposal Reporting System (RDRS) number of each facility;

3. Written notice from each facility that accepts organic waste collected in plastic bags indicating that the facility can process and remove plastic bags when recovering organic waste; and,

4. Written notice from each organic waste processing facility that accepts compostable plastic material for processing indicating that the facility can process and recover that material.

C. Permittee shall submit an annual (or more frequent as requested by County) report on its Contamination Monitoring Program pursuant to Attachment D.

Permittee shall submit any other reports or data to County at the time, in the manner, and in the form satisfactory to the County as may be necessary to verify County's state -mandated diversion or compliance requirements

32. RETENTION OF RECORDS.

Permittee shall maintain and preserve all records related to this Permit for a period of three years from the close of the fiscal year in which final quarterly payment under this Permit is made. Permittee shall also contractually require the maintenance of such records in the possession of any third -party performing work related to this Permit for the same period of time. Such records shall be retained beyond the three-year period following expiration or termination of this permit, and if any audit involving such records is then pending, until the audit findings are resolved. The obligation to ensure the maintenance of the records beyond the three-year period following expiration of this permit shall arise only if the County notifies Permittee of the commencement of an audit prior to the expiration of the three-year period.

33. TERMINATION.

Either party may terminate this Permit, with cause, at any time. To terminate this Permit with cause, the terminating party shall give thirty (30) days advance written notice to the other party. In addition, either party may terminate this Permit without cause, at any time. In order to terminate this Permit without cause, the terminating party shall give one hundred and twenty (120) days advance written notice to the other party.. In the event of termination, Permittee shall pay County all permit fees owed up to and including the effective date of termination.

34. WAIVER.

Waiver by either party of a breach of any covenant of this Permit will not be construed to be a continuing waiver of any subsequent breach. County's receipt of consideration with knowledge of Permittee's violation of a covenant does not waive its right to enforce any covenant of this Permit. The parties shall not waive any provisions of this Permit unless the waiver is in writing and signed by all parties.

35. NON-EXCLUSIVE HAULER PERMIT APPLICATION REQUIREMENTS.

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Minimum Qualifications - Applicants for a new or renewed permit must be in compliance with all provisions of San Benito County Code Chapter 15, "Solid Waste Regulations," Hollister Municipal Code Chapter 8.12, "Garbage Collection and Disposal," and San Juan Bautista Municipal Code Chapter 5-4, "Refuse Collection and Recycling" and these Rules and Regulations at the time of application submittal.

For renewals, applicants must be current on all reporting requirements, solid waste management fee remittances, and license and permit conditions at the time of renewal application submittal.

A. Submittal —Applicants for licenses/permits or renewals must submit the following documentation as part of the application:
a. Current customer list with current subscription levels submitted electronically to [email protected]
i. A list of any customers that do not subscribe to all three collection containers as required by Section 4 of this permit along with a description of why collection is not feasible.
b. Fully completed application along with Permit fees.
c. Provide written notice to the County identifying the facilities to which the hauler will transport Solid Waste including facilities for source separated Recyclable Materials and Source Separated Organic Waste.
d. Submit a report that indicates the type(s) of services provided, rates, route, schedules, description of standard type service, holiday schedules and other related information required by the County. This information must be kept current on a monthly basis. e. Surety Bond: Applicants must submit a surety bond in the amount of $1,000,000, conditioned upon ongoing compliance with the terms, conditions and limitations of the issued Permit.

IN WITNESS WHEREOF, the parties have executed this Permit as of the date first written above.

PERMITTEE
By:

Title:

NAME:

COUNTY OF SAN BENITO INTEGRATED WASTE MANAGEMENT DIVISION By:

Title:

NAME:

APPROVED AS TO FORM:

BY: San Benito County Counsel's Office
Ekam Brar, Deputy County Counsel
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ATTACHMENT "A" PERMIT FEES FOR SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL

SERVICES
PERMIT APPLICATION FEE: Permittee shall submit an initial application fee of $_ for review of application materials and Permittee records.

For service in County of San Benito:

1. PERMIT FEE: Permittee shall make payment to the County of a Permit Fee of five percent (5%) of Permittee's gross revenue on all Services defined in Section 1 herein. For purposes of this Permit, "gross receipts" shall include all income derived by Permittee from all Services performed in the County of San Benito under this Permit including but not limited to special waste services and container rental.

2. PAYMENT SCHEDULE: Permittee shall pay the County of San Benito the above noted Permit Fee quarterly. Payment shall be due on the twentieth (20th) day of the month following the prior quarter ending date. Payments received after the twentieth (20th) day of the month shall be considered delinquent and subject to a $10.00 a day late fee.

For Service in City of Hollister:

1. PERMIT FEE: Permittee shall make payment to the City of Hollister a Permit Fee of five percent (5%) of Permittee's gross revenue on all Services defined in Section 1 herein. For purposes of this Permit, "gross receipts" shall include all income derived by Permittee from all Services performed in the City of Hollister under this Permit including but not limited to special waste services and container rental.

2. PAYMENT SCHEDULE: Permittee shall pay the City of Hollister the above noted Permit Fee quarterly.

Payment shall be due on the twentieth (20th) day of the month following the prior quarter ending date.

Payments received after the twentieth (20th) day of the month shall be considered delinquent and subject to a $10.00 a day late fee
For Service in City of San Juan Bautista:

1. PERMIT FEE: For Services provided to residential customers, Permittee shall make payment to the City of San Juan Bautista a Permit Fee of ten percent (10%) of Permittee's gross revenue on all Services defined in Section 1 herein. For Services provided to commercial and industrial customers, Permittee shall make payments to the City of San Juan Bautista a Permit Fee of fifteen percent (15%) of Permittee's gross revenue on all Services defined in Section 1 herein. For purposes of this Permit, "gross receipts" shall include all income derived by Permittee from all Services performed in the City of San Juan Bautista under this Permit including but not limited to special waste services and container rental.

2. PAYMENT SCHEDULE: Permittee shall pay the City of San Juan Bautista the above noted Permit Fees quarterly . Payment shall be due on the twentieth (201h) day of the month following the prior quarter ending date. Payments received after the twentieth (20th) day of the month shall be considered delinquent and subject to a $10.00 a day late fee.

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ATTACHMENT "B" INSURANCE REQUIREMENTS FOR SOLID WASTE AND RECYCLABLE COLLECTION AND

DISPOSAL SERVICES IN COUNTY OF SAN BENITO

1.General Requirements. Permittee shall, at its sole cost and expense, maintain in effect always during the Term of this Agreement not less than the following coverage and limits of insurance:

2. Coverages and Requirements. During the Term of this Agreement, Permittee shall at all times maintain, at its expense, the following coverages and requirements. The comprehensive general liability insurance shall include broad form property damage insurance.
a. Minimum Coverages. Insurance coverage shall be with limits not less than the following:

Comprehensive General Liability — $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The general liability policy must provide contractual liability coverage for Permittee's indemnities.

Comprehensive Automobile Liability — $5,000,000 combined single limit per accident for bodily injury and property damage (include coverage for Hired and Non -owned vehicles).

Environmental liability/Pollution - $5,000,000 per occurrence covering loss (including cleanup costs) that Permittee becomes legally obligated to pay as a result of claims for bodily injury, property damage, and cleanup costs (including expenses required by environmental laws or incurred by federal, state, or local governments or third parties) resulting from pollution conditions caused by transported cargo (including waste). For the purposes of this subsection, "pollution conditions" includes the dispersal, discharge, release, or escape of any solid, liquid, gaseous, or thermal irritant or contaminant (such as smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, medical waste, and waste materials) into or upon land, any structure on land, the atmosphere, or any watercourse or body of water (including groundwater), provided the conditions are not naturally present in the environment in the amounts or concentrations discovered.

The liability coverage for pollution must provide contractual liability coverage, by endorsement or schedule, if necessary, for Permittee Indemnities.

Workers' Compensation — Statutory Limits/Employers' Liability - $1,000,000/accident for bodily injury or disease.

Crime/Employee Dishonesty Insurance (covering theft of money or other property of any County for which Permittee is legally liable, by any employee of Permittee or any third party) - $5,000,000 per occurrence.

If Permittee fails to secure and maintain any insurance required by this Agreement, at its sole option each County may secure and maintain that insurance at their expense and Permittee will pay them their County's reimbursement costs therefore. This remedy is in addition to each County's right to declare a Default of this agreement and terminate this agreement under Section 33.

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Additional Insured. County, its officers, agents, employees, and volunteers shall be named as additional insured on all but the workers' compensation and professional liability coverages.

Said policies shall remain in force through the life of this Agreement and, with the exception of professional liability coverage, shall be payable on a "per occurrence" basis unless the County's Risk Manager specifically consents in writing to a "claims made" basis. For all "claims made" coverage, in the event that the Permittee changes insurance carriers Permittee shall purchase "tail" coverage or otherwise provide for continuous coverage covering the Term of this Agreement and not less than three (3) years thereafter. Proof of such "tail" or other continuous coverage shall be required at any time that the Permittee changes to a new carrier prior to receipt of any payments due. d. The Permittee shall declare all aggregate limits on the coverage before commencing performance of this Agreement, and the County's Risk Manager reserves the right to require higher aggregate limits to ensure that the coverage limits required for this Agreement as set forth above are available throughout the performance of this Agreement.
e. The deductibles or self -insured retentions are for the account of Permittee and shall be the sole responsibility of the Permittee.

Each insurance policy shall provide or be endorsed to state that coverage shall not be suspended, voided, canceled by either Party, reduced in coverage or in limits except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to the County Contract Manager ten (10) Business Days for delinquent insurance premium payments).
g. Insurance is to be placed with insurers with a current A.M. Best Company, Inc. rating of no less than A-VII, unless otherwise approved by the Count Risk Manager.

The policies shall cover all activities of Permittee, its officers, employees, agents and volunteers arising out of or in connection with this Agreement.

For any claims relating to this Agreement, the Permittee's insurance coverage shall be primary, including as respects each County, its officers, agents, employees, and volunteers. Any insurance maintained by each County shall apply in excess of, and not contribute with, insurance provided by Permittee's liability insurance policy.

The Permittee shall waive all rights of subrogation against each County its officers, employees, agents, and volunteers.
k. Insurance Coverage Requirements for Subcontractors. Permittee will ensure all Subcontractors performing Collection by providing evidence that either:
i. Permittee is maintaining insurance required by this Section covering the activities of Subcontractors, or
ii. those Subcontractors are maintaining that insurance.

Packet Pg. 363

C.6.b
At the COUNTY Representative's request, Permittee will promptly provide the County Representative with copies of evidence of Subcontractor insurance coverage within 10 days of being insured and/or within 10 days of the County Representative's request.

Evidence of Coverage. Permittee will deliver certificates of insurance, original endorsements, schedules and other evidence of coverage as required by this agreement and/or requested by and acceptable to at the COUNTY Representative, at the following times:
a. on or before the Agreement Execution Date,
b. promptly upon renewal of policies, and within 10 days of the County Representative's request.

The certificates or endorsements are to be signed by a Person authorized by that insurer to bind coverage on its behalf. All certificates or endorsements are to be received by, and are subject to the approval of, the County Risk Manager before work commences.

4. Certificates of Insurance. Permittee will provide Certificates (or other evidence of coverage) containing at a minimum, the following information:

Agreement name: specifically identify this Agreement (for example, UNDER DESCRIPTION OF OPERATIONS), and if necessary to secure contractual liability coverage as an "insured contract" or otherwise, include a schedule or endorsement that specifically identifies this Agreement;
Types, policy numbers, policy effective / expiration dates and limits: clearly evidence all types and limits of coverage required under this Agreement, together with the following:
i. policy numbers,
ii. effective / expiration dates, and
iii. certificate of insurance that clearly evidences the required type of coverage (such as "pollution liability" under TYPE OF INSURANCE - OTHER) together with a summary description of its coverage (such as "pollution conditions caused by transported cargo" under SPECIAL PROVISIONS);
30 days' cancellation notice: contain the express condition that each County and the County must be given written notice by mail at least 30 days in advance of cancellation for all policies evidenced on the certificate of insurance. Endorsements cannot contain mere "best effort" modifiers or relieve the insurer from its responsibility to give that notice and the cancellation information on the certificate of insurance must delete language such as "failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives".
d. Deductibles and self -insured retentions: identify any deductibles and self -insured retention. Upon request of the COUNTY Representative, Permittee will reduce any self - insured retention as it applies to any County or provide a letter of credit, certificate of deposit or other financial assurance acceptable to the COUNTY Representative guaranteeing payment of all retained losses and related costs and expenses related to Packet Pg. 364

C.6.b
investigations, claims administrations, and legal defense. The letter of credit or certificate of deposit must be provided by a bank satisfactory to the COUNTY Representative; and
Claims made: if any insurance coverage is written on a claims -made form (such as pollution liability), evidence that the "retro date" is before the Agreement Execution Date. Permittee must maintain that coverage for at least 5 years after the Termination Date and provide each County promptly with evidence of that coverage. THIS PROVISION SURVIVES THE TERMINATION OF THIS AGREEMENT; and

5. Endorsements: Permittee must provide copies of the following endorsements or other documentation satisfactory to the COUNTY Representative:
additional insured endorsement to each liability policy, explicitly adding each COUNTY and their respective "officers and employees" as insured; b. waiver of subrogation; and
c. insurance is primary and not contributing with any other insurance or self insurance programs maintained by an County, and their respective officers and employees.

6. Schedules: Permittee must provide schedules or other evidence that liability policies provide contractual liability coverage for Indemnities, such as listing this Agreement as an "insured contract".

7. Signature Verification. At the County Representative's request, Permittee must provide documentation verifying that the individual signing or countersigning the certificates, policies, endorsements, or other evidence of coverage is authorized to do so and identifies his or her company affiliation and title. The COUNTY Representative may require complete, certified copies of Permittee's insurance policies at any time.

8. Renewals. During the Term of this Agreement, Permittee shall furnish the County Contract Manager with certificates or original endorsements reflecting renewals, changes in insurance companies, and any other documents reflecting the maintenance of the required coverage throughout the entire Term of this Agreement. The certificates or endorsements are to be signed by a Person authorized by that insurer to bind coverage on its behalf.

9. Workers' Compensation. Permittee shall provide workers' compensation coverage as required by State law, and prior to the Effective Date pursuant to this Agreement, Permittee shall file the following statement with each County.
"I am aware of the provisions of Paragraph 3700 of the Labor Code that require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing any services required by this Agreement.

The Person executing this Certificate on behalf of Permittee affirmatively represents that she/he has the requisite legal authority to do so on behalf of Permittee, and both the Person executing Packet Pg. 365

C.6.b
this Agreement on behalf of Permittee and Permittee understand that each County is relying on this representation in entering into this Agreement."

10. Notice of Claims. If any Person makes a claim against Permittee or any Subcontractor exceeding the amount of any deductibles or self -insured retentions, Permittee will promptly notify the County Representative thereof.

11. Permittee Accounting. Permittee will institute a comprehensive accounting system satisfactory to the County Representative to monitor all insurance requirements under this Agreement, including those of its Subcontractors.

12. Permittee Compliance. Permittee will comply with all requirements of its insurance policies and insurers.

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C.6.b
ATTACHMENT "C" LIQUIDATED DAMAGES FOR SOLID WASTE AND RECYCLABLE COLLECTION AND

DISPOSAL SERVICES IN COUNTY OF SAN BENITO
Performance under the Agreement are established in each of the four (4) "Performance Areas" listed below. The County Contract Manager may monitor Permittee's performance in each of those areas based on the "Performance Indicator" listed below for each area. In the event that Permittee fails to meet the performance standard established for any "Performance Indicator", County Contract Manager may review Permittee's performance relative to the "Specific Performance Measures" within that performance area. In the event that the County Contract Manager determines that Permittee has failed to meet the performance standard established for any "Specific Performance Measure", the County may assess Liquidated Damages pursuant to Section 15 of the Permit. Liquidated Damages, if assessed, shall only be assessed for the number of events, days, or other measure in excess of the acceptable performance level.

Defined Terms
Certain terms that are specific to this Attachment are defined below:
"Complaint" shall mean each written or orally communicated statement made by any Person, whether to City, County or Permittee, alleging: (1) non-performance, or deficiencies in Permittee's performance, of its duties under this Agreement; or, (2) a violation by Permittee of this Agreement. "Event" shall mean each occurrence of the required Specific Performance Measure that exceeds the Acceptable Performance Standard, as provided in the chart below. "Service Opportunity" shall mean each individual scheduled opportunity the Permittee has to Collect from a Container at a Customer's location. For example, a Multi -Family or Commercial Customer receiving Solid Waste Collection service three (3) times per week from two (2) Containers and Recyclable Materials Collection service two (2) times per week from two (2) Containers would have a total of ten (10) Service Opportunities each week. Service Opportunities shall be calculated based on the subscription levels presented in the Permittee's most recent Quarterly Report to the County. "Total Service Opportunities" shall mean the sum of all Service Opportunities in each time.

Specific
Performance
Measure
Definition
Acceptable
Performance
Level
Tracking Method
Liquidated
Damage
Amount
Missed
Each Service
Less than ten
Permittee shall document
$50/Event
Collections
Opportunity where
(10) per one
from its customer service
Permittee fails to Collect
thousand
system listing the total
a Container from a
(1,000)
complaints coded as
Customer who properly
Service
missed pick-up. Submit
placed said Container
Opportunities
electronic report annually.
for Collection.

Failure to
Each "Missed
Less than one
Permittee shall document
$50/Event
Correct
Collection" as defined
(1) per one
missed pick-up complaint
Missed
above which is not
hundred (100)
reports listing each
Collections
Collected by the end of
complaint, the date of the
Packet Pg. 367

C.6.b
the Business Day
Missed
complaint, the resolution
following the receipt of
Collections
date; and any other
the Customer complaint
information requested by
about the Missed
County. Submit electronic
Collection.
report annually.

Failure to
Each failure by
Less than five
See above
$100/Event
Clean -Up
Permittee to clean up:
(5) per one
Spillage
(1) any items or
thousand
materials spilled during
(1,000)
the Collection of a
Service
Container; or (2) any
Opportunities
fluids spilled or leaked
from a Container or
Collection vehicle prior
to leaving the
Collection location.

Damage to
Each event of damage
Less than two
See above
$250/Event
Property
to either public or
(2) per one
private property
thousand
because of Collection
(1,000)
activity, including
Service
without limitation curbs,
Opportunities
sidewalks, landscapes,
Container enclosures
and gates, signs, light
fixtures, and overhead
wires and cables.

Excessive
Each Complaint received
Less than five
See above
$250/Event
Noise or
that is related to either
(5) per one
Discourteous
noise during Collection
thousand
Behavior
activity or the behavior
(1,000)
of Permittee's
Service
employees.

Opportunities
Failure to
Any failure by Permittee
Less than one
Permittee shall document
$50/Event
Commence
to deliver a Container
(1) per 100
on a quarterly basis from
Service
and begin providing
Service
its customer service
Collection to a
Requests
system listing the total
Customer, at the level of
number of complaints
service requested by
coded for each category.
said Customer, within
Submit electronic report
seven (7) calendar days
annually.
of receiving such
request. This may
include a new Customer
receiving new service or
an existing Customer
requesting a change in
Packet Pg. 368

C.6.b
or addition to existing
service levels.

Failure to
Any failure by Permittee
No acceptable
See above
$50/Event
Replace
to replace a damaged or
failure level
Container
defaced Container
within seven (7)
calendar days of
receiving such a request
from a Customer.

Failure to
Any failure by Permittee
Less than one
See above
$100/Event
Resolve
to resolve or remedy a
(1) per 100
Complaint
Complaint within seven
Complaints
(7) calendar days of
receiving such
Complaint.

Failure to
Any failure by Permittee
Less than five
See above
$50/Event
Answer
to answer a telephone
(5) per 1,000
Phones
call from a Customer
Calls Received
during normal business
Under this
hours. A call is not
Agreement
considered to be
answered if the
Customer does not
speak with a live
operator. A call is
considered to be
answered if the
Customer hangs -up or
abandons the call
following a hold time
of less than three (3)
minutes.

Excessive Call
Each occurrence of a call
Less than two
See above
$50/Event
Center Hold
being placed "on hold"
(2) per 1,000
Time
for more than two (2)
Calls Received
minutes.

Under this
Agreement
Unauthorized
Each occurrence of
Less than two
See above
$50/Event
Hours of
Permittee Collecting
(2) per 1,000
Operation
from Customers during
Service
unauthorized hours.

Opportunities
Inaccurate
Each Complaint received
Less than five
See above
$100/Event
Billing
where the Permittee
(5) per one
billed a Customer in
thousand
error. Inaccurate billing
(1,000) bills
may include either over-
issued.
or under -charging of the
Packet Pg. 369

C.6.b
Customer relative to the
approved Rates for
services.

Failure to
No failures or
Each
Permittee shall report all
$250 per
Perform
Complaints in this
individual
public education and
activity
Public
category are acceptable;
failure by
outreach activities
Education and
therefore, any
Permittee to
completed each year in
Outreach
Complaint of this nature
develop,
the annual Public
Tasks
shall be considered
produce, and
Education Plan.
unacceptable.
distribute
public
education and
outreach
materials.

Performance Area: Facilities
Performance Indicator: Permittee's performance relative to facilities shall be considered acceptable when one hundred percent (100%) of all material types Collected by Permittee shall be delivered to the appropriate Facility as required under Section 5 of this Agreement. If Permittee fails to meet this level of performance, County may assess liquidated damages for the specific performance measures identified in the following table.

Specific
Definition
Acceptable
Tracking Method
Liquidated
Performance
Performance
Damage
Measure
Level
Amount
Delivery to
Each individual
No acceptable
Tonnage reports
$100/Ton
Non-
occurrence of
failure level
Approved
delivering materials to
Facility
a facility other than
the Approved Facility
designated for each
material type under
Section 4 of this
Agreement.

Disposal of
Each individual
No acceptable
Tonnage reports
$500/Ton
Targeted
occurrence of
failure level
Diversion
delivering Recyclable
Materials, Organic
Materials, or Reusable
Materials set out for
Collection by the
Customer for Disposal
rather than
Processing.

Mixing
Each individual
No acceptable
Tonnage reports,
$100/Container
Materials
Container that is
failure level
observation, complaints
During
Collected by Permittee
Collection
in a vehicle intended
Packet Pg. 370

C.6.b
or designated for
Collecting a different
material type (e.g.

Recyclable Materials
Collected in Solid
Waste vehicle, Solid
Waste Collected in
Organic Materials
vehicle, etc.)
Performance Area: Reporting
Performance Indicator: Permittee's reporting shall be considered acceptable if Reports required under Exhibit D and record requests allowed under Section 31 of this Agreement are received, complete, and accurate within seven (7) calendar days after the date due or requested. If Permittee fails to meet this level of performance, County may assess liquidated damages for the specific performance measures identified in the following table.

Specific Performance
Measure
Definition
Acceptable
Performance
Level
Liquidated Damage
Amount
Late Report
Each occurrence of a
Less than seven
$250/Day
Report, as required
(7) calendar days after
under Attachment D to
reporting due date
this Agreement, being
submitted after the
due date. Reports shall
be considered late until
they are submitted in a
complete and accurate
format.

Misleading/ Inaccurate
Each occurrence of
No acceptable failure
$500/Event
Reporting
Permittee providing
level
misleading or
otherwise inaccurate
information or
reporting to County
under or regarding this
Agreement.

Typographical, cell
reference,
mathematical, and/or
logic errors shall not be
considered legitimate
excuses from this
requirement, nor
shall ignorance.

Packet Pg. 371

C.6.b
By placing Designee's initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of Liquidated Damage provisions of the time that the Agreement was made.

Permittee: County IWM Representative:

Initial Here: Initial Here:

Packet Pg. 372

C.6.b
ATTACHMENT "D" REPORTING SCHEDULE FOR SOLID WASTE AND RECYCLABLE COLLECTION AND

DISPOSAL SERVICES IN COUNTY OF SAN BENITO
Details of reporting requirements correspond with different sections of this agreement for annual reporting or compliance activities, outreach, and materials collected and diverted or disposed. Regular reporting requirements are listed in Section 31 of this Permit.

REPORTING SCHEDULE

REPORT NAME

FREQUENCY

DUE DATE(S)
April 20, July 20, October 20,
Quarterly Revenue Report
Quarterly
January 20
April 20, July 20, October 20,
Tonnage Report
Quarterly
January 20
Customer/Generator Data
Annually; or more often as
February 1
requested
Disposal Facilities Used
Annually; or more often as
February 1
requested
Customer/Generator Compliance
Annually; or more often as
Data
requested
February 1
Annual Diversion Plan Progress
Annually; or more often asFebruary
1 requested
Contamination Monitoring
Annually; or more often as
February 1
Program
requested
Within 10 business days
Other reports or data as requested
(Mon -Fri) of County's
Varies
Request
Packet Pg. 373

C.6.b
Packet Pg. 374

C.6.c

MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF SAN BENITO AND THE CITIES OF SAN JUAN BAUTISTA AND HOLLISTER FOR THE

ESTABLISHMENT AND ADMINISTRATION OF A NON-EXCLUSIVE PERMIT SYSTEM FOR THE COLLECTION AND

DIVERSION OF SOLID WASTE
THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into this day of 2024, by and between the County of San Benito, hereinafter called "the County" and among the City of San Juan Bautista, and the City of Hollister, hereinafter called "the Cities." WITNESSETH:

WHEREAS, the County and the Cities entered into a Joint Powers Integrated Waste Management Agreement in 1995, pursuant to Public Resource Code Section 40970, to form the San Benito County Integrated Waste Management Regional Agency, hereinafter referred to as "Regional Agency"; and WHEREAS, as the lead agency of the Regional Agency, the County has been assisting the jurisdictions within the County with compliance and any applicable exemptions concerning AB 939, AB 341 and AB 1826 and is assisting with SB 1383 applicable exemptions and compliance; WHEREAS, the Regional Agency has been granted a rural exemption from SB 1383 requirements to establish an organics waste collection program due to the County's rural composition.

WHEREAS, the SB 1383 rural exemption is anticipated to expire on December 31, 2026 and not all areas of SB 1383 are exempt under the rural exemption granted by CalRecycle, including some elements of program implementation and annual reporting requirements to CalRecycle.

WHEREAS, the County and the Cities will continue working towards SB 1383 compliance and development of effective recycling & organics waste collection programs.

WHEREAS, AB 939 mandates the diversion of 50% of the solid waste generated within the County.

WHEREAS, Article 3, §15.01.041 collection franchise or permit requires that the Board of Supervisors may determine, pursuant to state law, if a collection franchise or permit shall be awarded exclusively or non - exclusively, with or without competitive bidding. The Board shall specify the duration of the franchise or permit and shall specify, by resolution, an appropriate franchise or permit fee.

WHEREAS, the County and the Cities executed the Cost -Sharing Agreement in May of 2006 which further defines that the County oversees refuse and recycling collection, disposal and processing contract operation, and shall provide for strict accountability of all funds received or disbursed by the Regional Agency and shall provide reports of all receipts and disbursements, pursuant to Government Code section 6505. Any contracts entered into as part of duties under the Cost -Sharing Agreement by the County of San Benito, which contemplate a charge to residents and commercial and industrial businesses, shall be reviewed and approved by the Local Task Force and further approved by the representative governing bodies according to their statutory authority.
1 Packet Pg. 375

C.6.c
WHEREAS, the County and its cities have been participating in a non-exclusive franchise agreement (NEFA) system to ensure proper reporting of garbage, recyclables and organics collected and fees paid as appropriate.

WHEREAS, the County intends to formalize this relationship by administering the program on behalf of the Cities through this memorandum of understanding.

WHEREAS, based on best practices, County staff will revise the current NEFA system into a permit system to be more consistent with local regulatory powers and ordinances, to implement a more effective recycling & organics waste collection program, and to ensure ongoing SB 1383 compliance and reporting is conducted on behalf of the County and Cities.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

AGREEMENT

1. Recitals.

The foregoing recitals are true and correct and hereby incorporated herein.

2. Term.

This MOU shall commence on approval of all the parties and remain in full force and effect until terminated as set forth in Section 11.

3. County Responsibilities
The County shall:

A. Create and coordinate a non-exclusive permit system consistent with Article 5 of the County Code of Regulations and Exhibit A for the collection of garbage, recyclables, and organics on behalf of the City so long as this Memorandum of Understanding is in effect in its entirety. The Board may, from time to time, adopt any regulations governing the issuance of solid waste collection permits. However, any agreements or contracts that contemplate a charge to residents and commercial and industrial businesses, shall be reviewed and approved by the Local Task Force and further approved by the representative governing bodies according to their statutory authority.

B. Pursuant to Section 15.01.041 of the County Code of Regulations, the Integrated Waste Management Director shall be authorized to execute such a permit in writing with any person desiring to provide solid waste collection and roll -off collection services pursuant to the permit approved by the Board.

C. Create and oversee the actual permits and reporting mechanisms to be completed by the haulers on behalf of the City so long as this MOU is in effect in its entirety.

D. As described in the Cost Sharing Agreement between the parties, shall collect, distribute and administer the appropriate fees (franchise fees as set by Cities and the County to be paid to Cities and County, and the permit fee to be retained by County) so long as this MOU is in effect in its entirety.

E. Implement other administrative necessities to ensure the effective administration of the permit system.

F. Report annually to the Local Task Force on the effectiveness of the permit system.

G. Compile the information and data necessary to complete required reports to CalRecycle as the lead agency of the Regional Agency.
2 Packet Pg. 376

C.6.c

4. City Responsibilities
The Cities shall:

A. Enter this Memorandum of Understanding.

B. Provide information. Within thirty (30) days of request by the County, or as soon as such information is available, the City will share with the County, data, documents, contact information for any hauler operating within the City limits in which it is familiar.

C. Work with the County on any related issues requiring jurisdictional assistance including enforcement to help maximize diversion by all haulers operating within City boundaries.

D. Review and provide consideration of any changes to agreements or contracts that contemplate a charge to residents and commercial and industrial businesses.

S. Indemnification/Hold Harmless.

Each Party shall solely be liable for any and all damages, including attorney's fees, resulting from the actions or omissions arising from its performance of the terms of this MOU. Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Parties") from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) that may from time to time be asserted by third parties against the Indemnified Parties because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, to the extent caused by the negligence or misconduct of the Indemnifying Party, its agents, employees or contractors in the performance of this MOU.

For the purposes of indemnification set forth in this MOU, "Indemnified Parties" means the applicable party, its affiliates, successors, and their employees, directors, officers, agents, and volunteers. The Indemnified Parties: 1) shall notify the Indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the Indemnifying Party is prejudiced thereby; 2) shall have the right to participate in such defense or settlement with its own counsel and at its own expense, but the Indemnifying Party shall have control of this defense or settlement; and 3) shall reasonably cooperate with the defense.

6. Amendment of MOU and Merger Clause
This MOU, including the Exhibit attached hereto and incorporated herein by reference, constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by both parties.
3 Packet Pg. 377

C.6.c
7_ Rarnrrlc
The County shall maintain and preserve all records relating to this MOU in its possession and those of any third -party performing work related to this MOU for a period of five (5) years from the termination of this MOU.

8. Assignability
The County shall not have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act required under this MOU without the prior written consent of the City.

Q Nntirac
Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed:

In the case of the County, to:

Integrated Waste Management Director
County of San Benito
2301 Technology Parkway
Hollister, CA 95023
Email: [email protected]
In the case of San Juan Bautista, to:

City Manager
City of San Juan Bautista
311 Second Street
PO Box 1420
San Juan Bautista, CA 95045
Email: [email protected]
In the case of Hollister, to:

City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Email: [email protected]
All notices and communications should be addressed to the jurisdiction contact listed and be sent by both email and through the United States Postal Service to ensure all communications are received by the appropriate jurisdiction contact. Staff changes may occur and communicating via multiple methods will ensure receipt of notifications by the jurisdictions.
4 Packet Pg. 378

C.6.c

10. Controlling Law and Venue
The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Benito.

11. Term and Termination
Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on January 1, 2024 and shall automatically be renewed from year to year on the same terms and conditions. This MOU may be terminated without cause by the City or the County Board of Supervisors at any time upon thirty (30) days written notice to the other party.

12. Authority
The parties warrant that the signatories to the MOU have the authority to bind their respective entities.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN BENITO
By:

Name
Chair, Board of Supervisors
Date:

ATTEST:

By:

Clerk of the Board of Supervisors
Date:

Approved as to Legal Form:

San Benito County Counsel's Office
By:

Date:

CITY OF HOLLISTER
By:

Name
Mayor
Date:

ATTEST:

CITY OF SAN JUAN BAUTISTA
By:

Name
Mayor
Date:

ATTEST:

By:

Clerk, City of San Juan Bautista
Date:

Approved as to Legal Form:

City Attorney, City of San Juan Bautista
By:

Date:
5 Packet Pg. 379

0 C.6.c
Clerk, City of Hollister
City Attorney, City of Hollister
M.

Date:

EXHIBIT A — PERMIT SYSTEM DESCRIPTION
The activities listed below make up the County of San Benito's Non -Exclusive Franchise Solid Waste Collection and Roll -Off Collection Permit System administered by the County on behalf of the Cities.

I. ORIGINATION OF SOLID WASTE DOCUMENT
It is unlawful for any person to transport solid waste, soil, or fill material within the county without an origination of waste document. An origination of waste document is a document which identifies the nature of the waste, where the waste was located before it was loaded for transportation, the estimated weight of the solid waste, a statement identifying the person in possession of the solid waste before the transporter of solid waste took possession of the solid waste and a statement identifying all transporters of solid waste. The origination of solid waste document shall be signed by the person in possession of solid waste before transportation of solid waste commenced and all transporters of the solid waste certifying under penalty of perjury the accuracy of the information contained in the origination of solid waste document. The county shall prepare a standard origination of solid waste document. The use of a copy of the standard form or any form substantially similar shall comply with this section.

IINZ[QPL*:(41to-M1 :1a11.TLTA IkI
The Board shall approve by written resolution from time to time a non-exclusive permit system authorizing non-exclusive solid waste collection in the discretionary area and roll -off collection throughout the Regional Agency. Following the approval of the permit system, the Integrated Waste Management Director shall be authorized to execute such a permit with any person desiring to collect solid waste in unincorporated area of the County or to provide roll -off collection throughout the Regional Agency. The Board may, from time to time, adopt any regulations governing the issuance of solid waste collection permits.

The County will develop and coordinate a standardized and uniform San Benito Countywide Non - Exclusive Collection Permit Program consistent with and compliant to California Code of Regulations, Title 14, Division 7, Chapter 12 Short -Lived Climate Pollutants. The program will operate within San Juan Bautista's and Hollister's boundaries and will replace the need for San Juan Bautista and Hollister to create such a non-exclusive collection permit program on their own. This program will operate in the unincorporated areas of the county as well as the jurisdictions in the county agreeing to the MOU.

Through email, letters, or other direct or electronic communication, the County shall annually notify non-exclusive collection haulers within each Jurisdiction of their requirements to hold a permit as established pursuant to Section 18991.3 and 18991.4 of the Regulations. 6 Packet Pg. 380

C.6.c
III. TERMS OF PERMITS
The permit shall provide for a term of three years which shall renew automatically unless revoked as determined by the Director in his/her sole discretion. b. The permit shall provide for a permit fee which shall be determined by the County and paid by the permittee at the time of the permit submittal, and upon any permit renewal.

C. Franchise fees shall be paid on a quarterly basis with payments submitted by permittee every three months. The Board of Supervisors, the City of San Juan Bautista City Council and the City of Hollister City Council may adopt new franchise fees by written resolution from time to time, following a public hearing. Notice of public hearing shall be posted in a newspaper of general circulation not less than ten days prior to the date of the hearing. d. The permit shall provide that the Permittees prepare and file reports with the County to include, without limitation, information about the volume and type of solid waste, about the location where the transported solid waste is generated, and information about recycling, composting and other recovery efforts.

The permit may require a bond as an undertaking to insure compliance with this chapter and with other requirements imposed by law.

IV. REGULATION OF FEES
The Board reserves the authority to establish or change, by resolution, a schedule of fees to be charged for the collection of solid waste as regulated by this chapter. b. A company operating under a permit shall comply with all conditions specified in the permit and all provisions of this chapter.

V. REPORTING AND RECORDKEEPING
a. The County shall develop reporting forms for Quarterly and Annual Reports from Haulers for information required by section 18994.2 of the regulations. b. Upon request by a CalRecycle representative, the County will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code §6250 et seq.), County will also respond to a request for public records contained in the Implementation Record. County and the Cities shall each notify the other if either the County or a City receive a request for all or part of the Implementation Record and coordinate a response to such request.

VI. ENFORCEMENT

1. The County will conduct enforcement of the ordinance within the County and participating Cities using a complaint -based system consistent with the California Code of Regulations, Title 14, Division 7, Chapter 12 Short -Lived Climate Pollutants. The County will respond to complaints, investigate, and resolve reported issue(s).
7 Packet Pg. 381

C.6.c

2. The County will keep detailed records of enforcement in the County and the Cities for a minimum of five (5) years.

3. The County will provide the necessary records to the Cities for required reporting about SB 1383 efforts to CalRecycle.

4. The County will notify the Cities promptly about any related issues that arise that require the Cities assistance or to request the Cities lead in resolving the issue(s) related to noncompliance.

5. The Cities will work with the County on any related issues requiring jurisdictional assistance or lead in resolving the issue(s) related to complaints and/or noncompliance by any waste haulers operating within the County and Cities boundaries.

VII. ISSUANCE OF PERMITS, COLLECTION OF FEES, PENALTIES, FINES AND LIQUIDATED DAMAGES The County is granted authority to issue permits to non -franchised collection haulers and to collect fees, issue penalties, fines, and liquidated damages to Permittees for implementation of the non-exclusive permit system and for issuing any violations of the permit or Municipal Code regulations.

VIII. EXEMPTION FROM REQUIREMENT OF PERMIT
The following persons are exempt from the permit requirement specified above and may collect solid waste without the approval of the county:

Recyclable and Organic Materials: Other persons shall maintain the right to accept source separated recyclable materials and source separated organic materials provided that such person paid the service recipient for materials, so long as there is no net payment of any type made by the service recipient to such other person including, without limitation, for rental of collection or storage containers, loading or transporting of materials, and/or disposal;
Self -Hauled Materials: Business owners or residents may dispose of garbage, recyclable materials, and compostable/organic materials generated on their own premises with their own vehicle;
iii. Donated Materials: Items that are source separated by the generator and are and donated to youth, civic, or charitable organizations;
iv. Beverage Containers: Containers delivered for Recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq.

California Public Resources Code;
v. Materials Removed by Customer's Permittee as Incidental Part of Services:

Garbage, recyclable materials, compostable/organic materials, and/or C&D removed from a premise by a Permittee (e.g., gardener, landscaper, tree -trimming service, construction Permittee, residential clean -out service) using Permittee's 8 Packet Pg. 382

C.6.c
own vehicle, equipment, and employee(s) as an incidental part of the total service offered by that Permittee, rather than as a hauling service; vi. Source Separated E-Waste and Source Separated Universal Waste: Discarded electronic equipment and Universal Waste including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.
"Universal Waste" means all wastes defined by Title 22, Subsections 66273.1 through 156 66273.9 of the California Code of Regulations or successor regulations.

These include, but are not limited to, Household Batteries, fluorescent light bulbs, mercury switches, and E-Waste;
vii. Animal, Grease Waste, and Used Cooking Oil: Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil; viii. Sewage Treatment By -Product: By-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
ix. Excluded Waste: Excluded Waste regardless of its source, which means Hazardous Substances, Hazardous Waste, Biomedical Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Permittee reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in Permittee's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Permittee or Regional Agency to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
x. Materials Generated by State, County, and Federal Facilities: Materials generated by State, and Federal facilities located in the Service Area provided that the generator has arranged services with other persons or has arranged services with the Permittee through a separate agreement.
9 Packet Pg. 383

D.4.1

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 5, 2024
SUBMITTED: January 30, 2024
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS
BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Receive the report and hold a discussion, if desired.

DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under "Unfinished Business" on each agenda.

ATTACHMENTS:

1. 20240205 - Agenda Item and Update Request log

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
David Mirrione, City Manager
Packet Pg. 384

2022 Council Agenda Item Requests 2/1/
#
Council Member(s)
Date
Item Description
Department
Meeting Date
Status
Requested
Add language in City Code to fine developers
1 Velazquez
5/2/2022
who block the alleys, streets, public right of
Development Services
TBD
Included in Zoning and Municipal Code Update
way for longer than 2 days with dumpsters or
(Planning)
project.
equipment
Discuss the appeal process for developers
Development Services
Included in Zoning and Municipal Code Update
2 Burns, Morales
2/22/2022
appealing Planning Commission decision,
(Planning)
TBD
project.
analysis on what other cities are doing
3 Morales
3/20/2023
Update on when Council will discuss the fee
Development Services
4/2/2024
Fee Study being completed for all city fees
for Accessory Dwelling Units
Review Hollister Municipal Code that speaks
4 Burns, Morales, Perez
4/18/2022
about security for events, fees, and permit
Administrative Services
4/2/2024
Wildan completed scope and has begun the study.
fees associated with them.

Topo survey has been contracted with Kelly
Strategic Plan and Study for Vista Park Hill
Engineering and survey has been completed. Dog
5 Council Member(s)
5/2/2022
improvements, quotes for creating a dog park
Parks &Recreation
TBD
park at Vista Park will to be included in 2023-24
at Park Hill to be included in next budget cycle
budget for Council consideration. Topo survey has
been received. Additional survey is being
requested.

Adopt a policy for staff to return calls and
Administrative Services department is in the
6 Burns
5/16/2022
emails within 24 hours, and if out of office
Administrative Services (HR)
TBD
process of filling key vacancies within the
place notification on their email
department and has delayed the drafting of the
policy.
7 Burns
1/17/2023
Reconsideration of City's development impact
Administrative Services
4/2/2024
Fee Study being completed for all city fees
fees
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Packet Pg. 385

2022 Council Agenda Item Requests 2/1/ U•4.1.a
#
Council Member(s)
Date
Item Description
Department
Meeting Date
Status
Requested
8 Resendiz
2/6/2023
Art development fees
Parks &Recreation
TBD
Arts and Cultural Commission approved on 4/11.

Pulled from Council on 6/20/23
9 Perez
2/21/2023
Program to support beautification of
Development Services
TBD
Staff working to develop options for Council
Downtown business and empty lots
discussion
10 Casey
4/3/2023
Ordinance re: Vacant commercial buildings
Development Services
TBD
Secured RGS for project.
11 Burns
8/21/2023
Future closed session or open session item on
City Attorney
TBD
City attorney drafting report for future council
previous mountain lion encounter in the City
meeting
Council item regarding what other
12 Resendiz
9/18/2023
municipalities are doing regarding landscape
Engineering
2/20/2024
Will be discussed at 2023-24 Q2 update
and lighting district
Separate project to construct crosswalk on
Kimley Horn has conducted traffic study. Proposal
13 Burns
11/20/2023
Memorial Drive near elementary school to
Public Works
2/5/2024
to be presented to Council on 2/5/24
speed up process
14 Perez
11/20/2023
Lighted crosswalk near Fourth and Line
Public Works
2/20/2024
Staff has directed Kimley Horn to prepare a
Streets
proposal for this request.
15 Casey
11/20/2023
Seeks to be able to review draft agenda with
City Manager
TBD
Staff working to develop agenda item
City Manager prior to publication
16 Burns
12/4/2023
Use of discretionary funds for COVID-19
City Manager
2/20/2024
Staff working to develop agenda item
victims memorial
17 Burns
12/4/2023
Use of discretionary funds to install dog waste
City Manager
2/20/2024
Staff working to develop agenda item
bag dispensers in Sunnyslope Village
Consider road engineering on Sunnyslope
Staff has directed Kimley Horn to prepare a
18 Burns
12/4/2023
near Sunnyslope Lane and Beverly such as a
Public Works
2/20/2024
crosswalk with flashing lights
proposal for this request.

Traffic study of San Benito Street between
Staff has directed Kimley Horn to prepare a
19 Morales
12/4/2023
Hawkins to Nash complaints related to
Public Works
2/20/2024
speeding and traffic
proposal for this request.
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Packet Pg. 386

2022 Council Agenda Item Requests 2/1/
#
Council Member(s)
Date
Item Description
Department
Meeting Date
Status
Requested
Traffic study of McCray Street behind
Staff has directed Kimley Horn to prepare a
20 Casey
12/4/2023
shopping center and potential options
Public Works
2/20/2024
(agenda item) and address blight in the area
proposal for this request.
21 Morales
12/18/2023
Discussion Re: potential updates to HMC to
City Attorney
2/5/2024
Staff working to develop agenda item
set Council regular meeting time for 9:00 AM
22 Council
1/16/2024
San Benito Leadership Institute funding
City Manager
2/20/2024
Staff working to develop agenda item to allocate
$20,000 from the general fund
24 Burns
1/16/2024
Convert Dunne Park tennis court to 4
Parks &Recreation
2/5/2024
Update on project at 2/5/24 meeting
pickleball courts
25 Perez
1/16/2024
Item to make raising Christian Flag at City Hall
City Clerk
2/20/2024
Staff working to develop agenda item
an annual event
26 Morales
1/16/2024
Review of City policies on Council training and
Administrative Services
TBD
Staff working to develop agenda item
travel
27 Casey
1/16/2024
Vacant building ordinance
Development Services
5/6/2024
Meeting scheduled with RGS
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Packet Pg. 387

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Victor Gomez's project (2021-147)
Special Meeting with
1 Burns
1/18/2022
be placed on a future special
City Clerk
4/2/2022
presentations by Victor
4/2/2022
meeting agenda
Presentation from the high school
Special Meeting (ran out)
2 Resend
1/18/2022
on the need for another high
City Manager
4/2/2022
time at the 3/7 Meeting)iz
4/2/2022
school and impact fees for funding
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
3 Velazquez
1/22/2022
the City cancels, and to add that it
City Manager
3/21/2022
Rally was canceled via Council
3/21/2022
may be canceled due to COVID or
consensus
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
4 Burns
2/7/2022
Consider cancelling Bird Scooter
City Manager
3/21/2022
Direction given to staff re: Bird
3/21/2022
program
Contract
5 Burns
2/22/2022
Closed session item to discuss
City Manager
3/7/2022
3/7/2022
Safer Grant funding for firefighters
6 Morales
2/22/2022
Discussion on Gavilan College -
City Manager
4/2/2022
Special Meeting with
4/2/2022
special meeting
presentation
7 Perez
3/7/2022
Library AdHoc
City Clerk
3/21/2022
created ad hoc, appointed 2
3/21/2022
Council Members
8 Perez
3/7/2022
Recreation Community Center Ad
City Clerk
3/21/2022
made this a subcommittee of
3/21/2022
Hoc
the Library Ad Hoc
9 Velazquez
3/7/2022
Purchase or more speed cushions
City Manager
3/21/2022
done via Resolution
3/21/2022
placed on a future agenda
10 Council
3/21/2022
150th Celebration Proclamation
City Clerk
4/4/2022
4/4/2022
Member(s)
Discussion on hazard pay first
MOU's re: Hazard Pay for
11 Burns
2/7/2022
meeting of April
City Manager
4/4/2022
Employees approved
5/2/2022
5/2/2022
Packet Pg. 388

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
12 Council
3/21/2022
"Welcome to Hollister" sign arch
City Manager
Approved at Special meeting
4/25/2022
Member(s)
over downtown, cost and design
4/25/22
13 Burns, Morales,
4/4/2022
Appropriation for $20,000 to
City Manager
4/4/2022
Approved $30,000 at 5/2/222
5/2/2022
Perez
Bulldog Boxing
Meeting
14 Burns, Morales,
4/18/2022
Special Council Meeting for Sign
City Manager
4/25/2022
Completed 4/25/22
4/25/2022
Perez
Contract
Burns, Morales,
Research cost to have fiber to
15 4/4/2022
Brigantino Park and Treatment
IT
Completed
4/27/2022
Perez
Plant and Fire Station 2
16 Burns Morales
4/18/2022
Special Council Meeting to discuss
City Clerk
Scheduled Special meeting for
5/14/2022
Perez
Rally and Fire District
5/14/22
17 Burns
3/21/2022
Police Department Ad Hoc
City Clerk
4/18/2022
Created PD Communications
4/18/2022
Committee
AdHoc on 12/20/2021
18 Morales
2/22/2022
Discussion on the Ordinance
City Clerk
4/18/2022
Provided update on
4/18/2022
regarding Council Code of Conduct
4/18/2022 CCM.

Burns, Morales,
Council Members Morales and
19 4/4/2022
Committee for Rally and Festivals
City Clerk
4/18/2022
Perez were appointed on April
4/18/2022
Perez
18, 2022.

Clarified Council Member
20 Morales
1/18/2022
Create a way for Council to submit
City Clerk
4/18/2022
wants to submit items to City
4/18/2022
memos for the agenda
Clerk for posting to COH Social
media sites.

Discuss changing/increasing
Council salaries -City Clerk provided
First Reading of Ordinance to
21 Perez
1/18/2022
City Manager
3/7/2022
amend City Code set for May
5/16/2022
Council & CM with current
16, 2022. Item did not pass.

Ordinances 978 & 1080
Presentation of substandard
22 Burns, Morales,
4/4/2022
Housing with statistics for past
Code Enforcement
4/4/2022
On May 16, Council Meeting
5/16/2022
Perez
substandard housing that are
Agenda
significant
Burns, Morales,
First Reading of Ordinance to
23 4/4/2022
Council Salary Ordinance
City Manager
amend City Code set for May
5/16/2022
Perez
16, 2022-Did not pass
Packet Pg. 389

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Housing,
24 Burns
5/2/2022
Update on substandard housing
Development
Presentation on May 16, 2022
5/16/2022
Services
Council
Presentation on the RDA, bring
Housing,
25 Member(s)
5/2/2022
back the annual report for
Development
Presentation on May 16, 2022
5/16/2022
acceptance (Jamila)
Services
Memorandum will be
Code of Conduct Ordinance
provided to Council by outside
26 Burns, Morales,
4/4/2022
Review to make sure it is not
City Clerk
4/4/2022
attorney. Memo provided on
5/25/2022
Perez
5/25/2022 on Regulating
unconstitutional
Speech and removing
disruptive speakers
Consultant is working on
Term Limits. Council
Direction for Charter City to
Discussion on Charter City, Term
be brought back for
27 Burns
2/22/2022
Limits, and placing these items on
Ad Hoc
4/18/2022
6/6/2022
the ballot.
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
Discussion on vacant lot downtown
28 Burns
2/22/2022
San Benito Street at 7th St across
City Manager
Inquiring with realtors, owner
6/30/2022
from the Memorial Building as a
doesn't want to sell.
park for green space
Discussion on acquiring
commercial vacant parcel on
Developer working on a
29 Burns
2/22/2022
Sunnyslope east of Airline Hwy and
City Manager
project for site and the land is
6/30/2022
South of Memorial, on South side
of road (6 acres) for a community
in escrow.
park.

Packet Pg. 390

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Request to LAFCo on the
process & working with
Elections Consultant. Special
Considered
30 Velazquez
3/21/2022
Discussion or Study Session on
City Clerk
4/18/2022
Meeting to be held on May
complete
creating a Fire District
14, 2022. LAFCO provided the
5/14/2022
process to Council. May be
ready for Election in 2024 if
process is started in time.

Special Meeting to be held in
Discussion of putting the Rally on
May 14. Consultant is working
31 Burns
3/21/2022
City Clerk
4/18/2022
on Advisory Measure. On
6/6/2022
the ballot
June 6 Agenda for Council
Approval.

Direction given to staff to
Identify which sidewalks need
allocate $500,000 from ARPA
Waiting on
32 Burns, Morales,
4/4/2022
repairs and determine from that
City Manager
Funds, divide amongst 5
individual Council
Perez
how much money is needed
Council Members - Council to
Members
send locations
Council
Presentation on grants, low
Housing,
33 Member(s)
5/2/2022
income housing
Development
Agenda item in June 2022
6/6/2022
Services
34 Burns
5/16/2022
Look again at non permitted
Code Enforcement
Code patrolling on weekends
6/30/2022
vendors in city jurisdiction
Report on Fire Inspection
35 Burns
5/16/2022
Resources & how prevention may
Fire Department
Fire Presented in June 2022
6/21/2022
have helped prevent fires
downtown
36 Burns
5/16/2022
Creation of Fire Bureau &
Fire Department &
Approved as part of the
6/27/2022
Resources necessary
City Manager
Budget
Report on Budget for Fire
37 Burns
5/16/2022
Department being Over Budget
Fire Department &
Presentation on June 6, 2022
6/21/2022
and Under budgeted
City Manager
Packet Pg. 391

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
38 Burns
5/16/2022
Fire Department Liaison
City Clerk
6/6/2022
Placed on June 6, 2022
6/6/2022
Appointment on next agenda
Agenda
39 Resendiz
5/16/2022
Speed Cushion update
City Manager
emailed Council 6/30/2022
6/30/2022
Renaming Union Road to "Cesar
Engineering bringing to August
40 Burns
3/21/2022
City Manager
8/1/2022
2022 Meeting. If approved
8/1/2022
Chavez Way"
working on ribbon cutting
41 Burns
3/21/2022
RFP for Communications Center
Police
PD to bring agenda item on
9/6/2022
feasibility study
9/6.

Police (Animal
This matter has been handled
42 Burns, Morales,
4/18/2022
Review policies for Noise
Control)/ City
via Ordinance brought to
9/14/2022
Perez
Ordinance to include other animals
Attorney
Council on September 6, 2022.

Proclamation declaring October as
43 Burns/Perez/Mora
9/6/2022
Breast Cancer Awareness month.

City Manager
9/19/2022
Proclamation on 9/19 agenda.
9/19/2022
les
Fly Breast Cancer flag in October at
City Hall.

City Manager provided Council
Closed Session item on the Airport
Member Burns with necessary
44 Burns
9/19/2022
City Manager
information so item does not
9/19/2022
Tenant Eviction
need to be put on closed
session.

City Attorney /
Second reading of ordinance
45 Burns, Morales,
4/4/2022
Shopping Cart Ordinance Review
Police (Code
10/3/2022
will be brought to Council on
10/3/2022
Perez
Enforcement)
10/3/22.
46 Morales
9/6/2022
Council pay increase
City Attorney
Update provided to council.
10/3/2022
47 Perez
10/3/2022
Developer Meeting
City Manager
10/10/2022
City Manager will work on
10/10/2022
scheduling a Special Meeting
Department working on RFQ
48 Perez
10/3/2022
Building maintenance program
Community Services
10/17/2022
for Facility Assessment Survey.
10/17/2022
Will bring to the 10/17/22 City
Council Meeting
Packet Pg. 392

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
49 Burns, Morales,
4/18/2022
Building maintenance program
Community Services
10/17/2022
Department working on RFQ
10/17/2022
Perez
for Facility Assessment Survey.

Will contact SBCWD to
Morales
9/6/2022
Water Conservation Presentation
City Manager
11/7/2022
schedule date for
11/7/2022
50 presentation.

Behavioral Health has
Resendiz/Morales/
Letter to Board of Supervisors
requested to present at
51 9/6/2022
regarding fentanyl crisis in San
City Manager
11/7/2022
11/7/22 council meeting. Will
11/7/2022
Perez
Benito County
evaluate need for letter post
presentation.

Bid documents for the Wentz -
Browns -Swope Alley
52 Burns, Morales,
4/18/2022
Analysis of Swope Alley
City Manager
11/7/2022
Pavement and Drainage
11/7/2022
Perez
Project are being presented to
the Council for approval on
11/7/22.

Municipal Code Section 1010-1050
Police (Code
Discussion scheduled for 12/5
Burns
11/21/2022
(Parking of RV& Boats in Private
12/5/2022
12/5/2022
53 Property)
Enforcement)
Council meeting
54 Burns
11/21/2022
Discussion on Rally
City Manager
12/19/2022
Discussion scheduled for
12/19/2022
12/19 Council meeting
Process for Police Department to
55 Resendiz
11/21/2022
Wear LGBTQ+ Pride Awareness
Police
City attorney reviewing
1/17/2023
Flag on Patch
Creation of an ad hoc committee
Police (Animal
Casey and Resendiz to serve
56 Casey
2/6/2023
for the animal shelter and invite
Control)/ City
2/6/2023
county representatives
Attorney
on committee
Review Animal Control Ordinance
police (Animal
Will be discussed at the
57 Resendiz
9/6/2022
to ensure that "puppy mills" are
Control)/ City
Animal Control Ad Hoc
2/14/2023
not inadvertently permissible in
Attorney
Committee meeting
city.

Packet Pg. 393

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Proclamation honoring LULAC for
58 Burns
2/6/2023
35 years of service to the
City Manager
2/21/2023
Item scheduled for 2/21/23
2/21/2023
community
Closed session on 2/21/23 to
City Manager contract
59 Burns
2/6/2023
City Attorney
2/21/2023
discussion scheduled for
2/21/2023
discuss City Manager
Closed Session
Options to address feral cat
60 Casey
2/21/2023
population including two
Police/Animal
3/6/2023
Agenda item scheduled for
3/6/2023
additional spay/neuter clinics in
Control
3/6/23
March
61 Casey
2/6/2023
Special meeting to discuss traffic
Community Services
3/6/2023
Agenda item scheduled for
3/6/2023
calming measures and city streets
3/6/23
Options for recognizing June as
LGBTQ+ month, such as flag
62 Resendiz
3/6/2023
raising, progressive stickers, email
City Manager
3/20/2023
Item on the 3/20/23 agenda
3/20/2023
logos, inclusivity training, unisex
restroom signs
Proclamation recognizing the
63 Burns
3/6/2023
Hollister High School girl's soccer
City Clerk
3/20/2023
Presented on 3/20/23
3/20/2023
team on their state championship
Study session on traffic calming
Council directed staff to draft
64 Casey
3/6/2023
Engineering
3/27/2023
a speed cushion/traffic
3/27/2023
projects
calming measure policy
Council approved resolution
65 Perez
3/20/2023
Raise the Christian Flag at City Hall
City Clerk
3/27/2023
on 3/27/23 authorizing the
3/27/2023
on April 2
raising of the Christian flag on
4/2/23
66 Morales
2/21/2023
Presentation on new laws
City Attorney
4/3/2023
Presented to Council on
4/3/2023
impacting city operations
4/3/23
67 Burns
2/21/2023
Policy regarding proclamations
City Clerk
4/3/2023
Approved by Council on
4/3/2023
4/3/23
Packet Pg. 394

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Update HMC 1.18.060 to reflect
Second reading of ordinance
68 Burns
3/6/2023
location of Code Enforcement
City Attorney
4/3/2023
will be brought to Council on
4/17/2023
office
4/17/23
3/6/2023
Neighborhood/Community
Council approved public
69 Casey
3/20/2023
Meeting to discuss Ladd Lane
Engineering
4/17/2023
outreach project 4/17/23
4/17/2023
traffic calming measures
Proclamation for Cole Seymour
70 Burns
4/3/2023
and Eliana Salcedo for their recent
City Clerk
4/17/2023
Presented on 4/17/23
4/17/2023
wins at Razorback Wrestling
competition
71 Perez
2/21/2023
Discussion of Council Pay (HMC
City Attorney
4/17/2023
Council direction provided
4/17/2023

2.04.320)
4/17/23.
72 Burns
2/21/2023
Presentation on Flock Cameras
Police
4/17/2023
Presented 4/17/23
4/17/2023
73 Burns
2/6/2023
Rename Community Center for
Parks & Recreation
4/17/2023
Approved 4/17/23
4/17/2023
Pauline Valdivia
(Tina)
74 Casey
1/17/2023
Policy on how items are added to
City Clerk
4/17/2023
Council direction provided
4/17/2023
the City Council agenda
4/17/23. On 5/1/23 agenda
Request update to municipal code
Council direction provided
75 Burns
1/17/2023
related to Administrative Hearing
City Attorney
4/17/2023
4/17/23.
4/17/2023
Officer requirements
Refer to the Arts & Cultural
Advisory Commission the design of
a logo considered the ACC
76 Resendiz
3/20/2023
the Hollister logo to incorporate
Parks & Recreation
4/11/2023
meeting on 4/1/23
1 4/11/2023
the LGBTQ+ Progress Pride flag
77 Burns
3/21/2022
Discuss a Historical Officer position
City Manager
3/27/2023
Will bring item back to goal
3/27/2023
at budget time
setting meeting.

Packet Pg. 395

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
Burns, Morales,
analysis or forecast for anticipated
Will included as part of
78 Perez
4/18/2022
equipment , projects,
City Manager
3/27/2023
-
202324 Budget Hearings
3/27/23 - 6/30/23
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.

Fly the Deferred Action for
Resolution to Raise DACA flag
79 Burns
3/6/2023
Childhood Arrivals flag at City Hall
City Clerk
5/1/2023
5/4/23-5/7/23 on 5/1/23
5/1/2023
for a month
agenda
Proclamation recognizing Bill's
Scheduled to coincide with
80 Burns
2/21/2023
Bullpen for 35 years of business in
City Clerk
5/1/2023
5/1/2023
Hollister
start of Comic Book Week
Install electric vehicle charging
Staff working with 3CE on a
81 Perez
3/20/2023
systems throughout the City
Community Services
5/1/2023
grant proposal to provide
5/8/2023
funding for EV stations.

Federal appropriation request
82 Morales
9/6/2022
Future park to be developed in
Parks &Recreation
N/A
submitted. Not awarded. Staff
TBD
District 3
exploring grant opportunities
for the Leatherback property.

Presentation by United Way of San
83 Resendiz
5/1/2023
Benito County regarding 2-1-1
City Clerk
5/15/2023
Presentation confirmed
5/15/2023
Program
Letter of opposition re: Taxpayer
Letter prepared for 5/15/23
84 Council
4/3/2023
Protection and Government
City Attorney
5/15/2023
5/15/2023
Accountability Act initiative
meeting
Packet Pg. 396

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Consideration of waiving pre-
Development
Staff prepared agenda item
85 Burns
5/1/2023
application fee for the Growing
Services
6/5/2023
for 6/5/2023 meeting
Hearts garden center
Consideration of refund for
Development
Staff prepared agenda item
86 Resendiz
5/1/2023
conditional use permit fee for
Services
6/5/2023
for 6/5/2023 meeting
Fiesta Plaza
87 Burns
5/15/2023
Proclamation for Hollister High
City Clerk
6/5/2023
Staff prepared agenda item
School Green Ribbon Award
for 6/5/2023 meeting
88 Burns/Perez
9/6/2022
Develop cooling and warming
City Manager
N/A
Posted OES approved policy
6/1/2023
center policy
on City Website
89 Burns
6/5/2023
City Attorney Evaluation
City Attorney
6/20/2023
On 6/20/23 Agenda
6/20/2023
90 Burns/Resendiz
6/5/2023
Presentation on Sewer Services
Community Services
6/20/2023
On 6/20/23 Agenda
6/20/2023
Parade for Hollister High School
Being included in Saddle
91 Burns
6/5/2023
baseball team, softball team and
City Manager
6/17/2023
Horse Show Parade
6/17/2023
girls soccer team
Proclamations for Hollister High
92 Burns
6/5/2023
School baseball team and softball
City Clerk
6/20/2023
On 6/20/23 Agenda
6/20/2023
team
93 Burns
6/5/2023
Funding for additional police
Finance
6/12/2023
Included in draft budget
6/12/2023
officer in FY23-24 budget
6/12/23
Use of Council discretionary funds
Development
Discretionary funds policy
94 Morales
4/17/2023
6/5/2023
being drafted as part of 2023-
6/5/2023
for beautification projects
Services
24 budget
3/6/2023
Clarification regarding Council
Administrative
95 Burns
4/3/2023
discretionary funds. Consider
Services
6/26/2023
Budget set at $50k.
6/5/2023
raising budget to $100K
Packet Pg. 397

2022 Completed Agenda Items 2/1/
Council
#
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
96 Perez
3/6/2023
Tree Replacement Program
Community Services
6/26/2023
Staff preparing program for
6/26/2023
2023-24 Budget
Consideration of an amendment to
97 Resendiz
2/21/2023
HMC regarding adoption of
Development
TBD
Item was previously brought
Services
to Council and did not pass.
tentative maps by the City Council
98 Resendiz
2/21/2023
Policy on use of Council travel
Administrative
6/12/2023
Policy complete
6/12/2023
funds
Services
Planning Commission
reviewed on 4/27/2023.
99 Burns, Morales,
4/4/2022
Food Truck Ordinance Review
Development
6/5/2023
6/5/23 Council public hearing.
6/20/2023
Perez
Services
Staff working to conduct
outreach for businesses and
food truck owners.

Domestic Wastewater Treament
Presentation made at 6/20/23
100
Burns/Resendiz
6/5/2023
Plant Update including MBR
Community Services
6/20/2023
council meeting
discussion
City to take on cost for internet
101
Burns
2/6/2023
service for computers installed by
Information
6/26/2023
Developing cost estimates for
Technology
FY 2023-24 budget
LULAC at Community Center
Initial quotes for basic ADA
Use discretionary funds for ADA
improvements are
3/20/23 &
approximately $60,000 which
102
Casey
6/5/2023
accessible equipment at Summer
Parks & Recreation
N/A
exceeds the discretionary limit
8/3/2023
Park
of $50,000 per member of the
council.

Packet Pg. 398

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Creation of ad hoc committee
regarding Council Code of
103
Morales
8/7/2023
Conduct, including discussion of
City Attorney
8/21/2023
Agendized for 8/21/23
8/21/2023
possible fines and potential
misdemeanor prosecution
On 8/7/23 Council agenda for
104
Burns
6/20/2023
Use discretionary funds for tree
Public Works
8/31/2023
consideration. If approved,
lights on East Street
lights should be installed by
8/31/2023
105
Morales, Perez
4/17/2023
Campaign finance
City Attorney
8/21/2023
City attorney drafting report
for future council meeting
Council directed staff to
Consider placing the raising the
return with a ballot
106
Burns
3/20/2023
Transient Occupancy Tax on the
City Clerk
8/21/2023
amendment for the November
8/21/2023
ballot for the next general election
2024 ballot and work with BBK
on education materials
Staff developing policy.

Council adopted a resolution
107
Casey
3/6/2023
Speed Cushion Policy
Engineering
8/21/2023
pausing large traffic calming
8/21/2023
measures until policy is
approved.
108
Burns
6/5/2023
Policy on remote meeting
City Attorney/City
9/5/2023
Item on 9/5/2023 agenda for
9/5/2023
participation for Council
Clerk
consideration.

Ad Hoc provided brief report
109
Casey
4/17/2023
Review Council Code of Conduct
City Attorney
9/18/2023
out. Will return with an
9/18/2023
update at a future meeting.

L110
Burns
6/20/2023
Requested a presentation from the
City Manager
10/2/2023
Presentation delivered.
10/2/2023
Growing Hearts organization
Packet Pg. 399

2022 Completed Agenda Items 2/1/
Council
#
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Use $5,000 of his discretionary
111
Resendiz
9/18/2023
funds for the Hollister Downtown
City Manager
10/2/2023
Approved at Council
10/2/2023
Association to create altars for Dia
de Los Muertos
112
Perez
9/5/2023
Discussion of maintenance for City
Public Works
10/16/2023
Tree policy adopted at
10/16/2023
trees
10/16/23 meeting
113
Morales
9/5/2023
Update on the status of various
City Clerk
10/16/2023
Provided at 10/16/23
10/16/2023
Council ad hoc committees
Proclamations to recognize IUPA
Presented at 10/16/23
114
Morales
8/21/2023
16 and Local 12 and their
City Clerk
10/16/2023
10/16/2023
volunteer efforts in the community
meeting
115
Burns
10/3/2022
Special Meeting to Discuss the
City Manager
10/31/2023
Library received grant for
10/31/2023
Library
reconstruction.

Create an ad oc committee to
Arts Center component added
116
Resendiz
9/5/2023
discuss a future performing arts
Parks & Recreation
11/7/2023
to the Community Center
11/7/2023
Procurement Policy to express
City's preference for a skilled and
117
Morales
1/17/2023
trained workforce instead of just
Administrative
11/6/2023
Ordinance introduced at
11/6/2023
the lowest responsive bidder, such
Services
11/6/23 Council meeting
as preference for local hires and
working with veterans
Events on private property
Development
require a major temporary use
118
Morales
3/21/2022
Outdoor Night Market
11/7/2023
permit. Applications need to
11/7/2023
Services (Planning)
be submitted 45 days before
event.

Packet Pg. 400

2022 Completed Agenda Items 2/1/
#
Council
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Member(s)
Parking fee study has been
finalized and will be brought
Development
forward to Council for
119
Velazquez
1/18/2022 &
Discussion on parking/parking
Services
11/6/2023
discussion and possible action.
11/6/2023
5/2/2022
garage fees
(Planning/Engineerin
g)
Agreement being drafted for
developer to provide
improvements at garage.
120
Morales
10/2/2023
In lieu fees for City Elections
City Clerk
11/20/2023
On 11/20/23 agenda
11/20/2023
Future Council discussion on
Presentation on 11/6/23
121
Burns
9/5/2023
holding the annual motorcycle
City Manager
11/20/2023
agenda. Item continued to
11/20/2023
rally
11/20/23
122
Morales
10/2/2023
Ballot measure to change mayoral
City Clerk
11/20/2023
On 11/20/23 agenda
11/20/2023
term to four years
Cost estimates presented with
123
Burns
3/20/2023
Create litter abatement and graffiti
Community Services
11/20/2023
the FY2023-24 Q1 Budget
12/4/2023
abatement team
Update. Item continued to
11/20/23
124
Perez
11/20/2023
Present certificate of recognition
City Clerk
12/4/2023
On 12/4/23 Council agenda
12/4/2023
to Ken Lindsay
12/11/2023
125
Resend
12/4/2023
Council approval of tentative maps
City Attorney
N/A
Council provided memo oniz
request.
126
Resendiz
11/20/2023
Use his discretionary funds to
City Manager
12/4/2023
On 12/4/23 Council agenda
12/4/2023
support Los Posadas event
127
Council
11/20/2023
Resolution Calling for Ceasefire in
City Manager
12/4/2023
On 12/4/23 Council agenda
12/4/2023
Gaza
Use of discretionary funds for
128
Morales
12/4/2023
students to attend Colonel Nicole
City Manager
12/18/2023
Adopted resolution
12/18/2023
Mann event
Packet Pg. 401

2022 Completed Agenda Items 2/1/
#
Council
Member(s)
Date Requested
Item Description
Department
Meeting Date
Notes
Completed
Requested staff review the
Development
Item on 4 Council
129
Burns
12/4/2023
agreement with Del Curto for the
1/16/2024
Services
agenda
agend a
400 Block of San Benito Street
Perez
Staff included odor control
9/18/2023
Address odor reduction in District
measures in forthcoming
130
Burns
Public Works
12/18/2023
12/18/2023
10/16/23
2 Collection System
Resendiz
Imni-overnpint
Packet Pg. 402

2022 Update Requests from Council
(non -agenda items)
Estimated Date of
#
Council Member
Meeting Date
Update Requested
Department
Status
Completion
Development Services to create a
1 Morales
1/22/2022
checklist of steps for new businesses to
Development Services
Project will be assigned to Economic Development
TBD
Manager once hired.
get started to help streamline the process
Hire full time employees for building
2 Burns
S/16/2022
Department Building Official and Building
Administrative Services
Sr. Building Inspector position posted on January 31,
2/2/2024
(HR)
2024.

Inspector
3 Burns
9/6/2022
Shade structure at Klauer Park
Parks &Recreation
Structures are ordered and delivered. Plans under
3/31/2024
building dept review.
4 Resendiz
9/6/2022
Develop toddler activity area at Dunne
Parks &Recreation
Recreation researching costs to add feature to Dunne
TBD
Park
Park. Will include in CIP Plan for council discussion.
5 Burns
8/7/2023
Report on how CFD funds are being spent
Public Works/Finance
Staff preparing report
2/29/2024
Update on how funds related to
6 Burns
8/7/2023
maintenance of Sunnyslope Village
Parks and Rec, Admin
Staff preparing report
2/29/2024
soundwalls are being spent
Services
7 Burns
8/7/2023
Cleaning and regular maintenance of
Public Works
HDA is developing a proposal for services
2/29/2024
Downtown sidewalks
8 Casey
12/4/2023
Policies posted to City website
City Manager
Will be included on new website.

TBD
Clarify City's role in addressing incorrect
information being disseminated to the
9 Morales
12/18/2023
public by outside organizations including
City Attorney
City attorneys office researching matter.

TBD
confidential information from closed
session and potential referral to District
Attorney and Attorney General
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Packet Pg. 403

2022 Update Requests from Council
(non -agenda items)
Estimated Date of
#
Council Member
Meeting Date
Update Requested
Department
Status
Com letion
Creation of cards with QR code to direct
10 Morales
11/20/2023
public to City resources and community
City Manager
Staff designing cards and gathering printing quotes.
2/12/2024
resources (such as Community
Foundation's resource page)
11 Burns
1/16/2024
Update on request for more lighting at
Public Works
Staff is working with vendors to gather quotes
2/29/2024
Dunne Park
12 Casey
1/16/2024
Review of draft council agenda prior to
City Manager
Staff preparing agenda item
TBD
publication
13 Council
1/16/2024
Naming future park, building, etc. after
Parks & Recreation
Staff to provide information to family regarding facilitiy 2/16/2024
Frank Valenzuela
naming process
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Packet Pg. 404

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
1 Burns
1/8/2022
Set a hard stop date for map submission
City Clerk
1/8/2022
Requested the number of hits to the redistricting
2 Perez
1/8/2022
website and emails received re: submitting maps
Information Systems
1/8/2022
be emailed to council prior to the next meeting
&Technology
Request any communications sent to Council
3 Velazquez
1/18/2022
Members re: redistricting be sent to the City
City Clerk
2/7/2022
Clerk and shared with all of Council
4 Burns
1/18/2022
Report on the Bird Scooter pilot program--
City Manager
3/21/2022
revenue, issues, etc.
5 Burns
1/18/2022
Update on the process of adding roofs to the
City Manager
1/28/2022
parklets downtown
6 Burns
1/18/2022
Update on the Executive recruitment process for
City Manager
1/22/2022
various positions
7 Burns
1/18/2022
Update on the American Rescue Plan (ARPA),
City Manager
1/22/2022
plans for recognition or payment to staff
Council to submit information to be distributed
8 Morales
1/18/2022
to the Community by Social Media or any other
City Clerk
4/18/2022
ways from their committees
Update on all of the grants she mentioned the
9 Morales
1/18/2022
City could apply for in December -Received an
City Manager
4/12/2022
email from CM on 4/12/2022 with an attached
excel sheet.
10 Perez
1/18/2022
Update on the Central Ave traffic calming
DS-Engineering
3/16/2022
project if it is complete
11 Morales
1/18/2022
Report on other City Council salaries and
City Manager
3/7/2022
benefits
Packet Pg. 405

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
12 Morales
1/18/2022
Update on the Broadband for the City
Information Systems
4/27/2022
& Technology
13 Burns
1/22/2022
Analysis on how other cities are spending ARPA
City Manager
4/4/2022
funds
Department Heads go through the list of City
14 Burns
1/22/2022
staff and put them into categories, such as front
City Manager
2/23/2022
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
Have Council come up with ways to recognize
other groups of essential workers outside of City
15 Burns
1/22/2022
Staff, such as teachers, grocery clerks, gas
City Manager
4/4/2022
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
16 Burns
2/7/2022
Update on Executive position recruitment
City Manager
3/15/2022
17 Morales
2/7/2022
Spreadsheet of all actions items requested by
City Clerk
3/21/2022
Council
18 Morales
2/7/2022
Update on 150th Celebration
City Manager
3/21/2022
19 Morales
2/7/2022
Submit applications for grants due by Feb. 24th
Fire
2/22/2022
20 Morales
2/7/2022
List of all projects utilizing Measure G funds,
City Manager
2/23/2022
status, amount spent, etc.

Administrative
21 Resendiz
2/22/2022
Find out if other cities have a Veterans
Services
4/4/2022
preference in hiring for all depts., not just PD
Finance/Human
Resources
Administrative
How many HPD officers are veterans? How
22 Burns
2/22/2022
many City staff members throughout the city are
Services
4/4/2022
Finance/Human
veterans?
Resources
Packet Pg. 406

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Consider adding to the Assistant City Manager
23 Burns
2/22/2022
position job description to be a liaison to
City Manager
2/22/2022
Council.
24 Resendiz
2/22/2022
Consider adding to the Assistant City Manager
City Manager
2/22/2022
position job description to work on PRA requests
Evaluate K-rails blocking union road are a
25 Burns
2/22/2022
hindrance to Fire and Police response in an
DS-Engineering
2/25/2022
emergency
Consider an item to purchase 400-500
26 Burns
2/22/2022
"grabbers" for picking up trash, and have Council
Recreation
3/5/2022
give these away at park openings so public can
help keep parks clean.
27 Morales
2/22/2022
Update on 2021 goals and accomplishments,
City Manager
2/24/2022
and what is our road map for 2022 goals
Requested a report on what percent of our
28 Morales
2/22/2022
budget is from grants and what the grants are
City Manager
2/22/2022
for (separate from entitlement grants)
29 Morales
2/22/2022
Update on the 311 application
Information Systems
2/7/2022
& Technology
30 Council
2/22/2022
Update on the total number of PRA requests the
City Clerk
4/4/2022
City Clerk's Office receives per year
31 Morales
2/22/2022
Report on all of the IT projects to help with
Information Systems
2/25/2022
streamlining
& Technology
32 Morales
3/7/2022
4th of July Fireworks bring back location of event
Recreation
3/21/2022
Packet Pg. 407

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
33 Burns
3/7/2022
Staff look at other cities using Accela and talk
Information Systems
4/27/2022
with IT, Planning, and Building
& Technology
34 Burns, Morales,
4/4/2022
Assistant City Manager update
City Manager
4/4/2022
Perez
35 Burns, Morales,
4/4/2022
Update on Deputy City Clerk recruitment -CC is
City Manager
HR posted Deputy City Clerk
5/2/2022
Perez
Waiting for HR
position online
36 Burns Morales
4/4/2022
Social Media posts -votes of previous night
City Clerk
Waiting for additional Deputy City
3/31/2023
Perez
Council Mtgs
Clerk
Received Prop 68 grant for park
37 Burns, Morales,
4/4/2022
Naming of park by Fire Station 2: Cesar Chavez
parks & Recreation
construction. Will include the
3/31/2024
Perez
Park
name in all public outreach efforts
as required by the grant.

Provide training at the County's Fentanyl and
Presentation given on 5/2/2022,
38 Burns, Morales,
4/18/2022
Opioid Training in June to have video available
PD
with Narcan training for public
5/2/2022
Perez
to be able to administer NARCAN
offered on 6/11/2022
Assistant City Manager Recruitment be
Approved contract with Peckham
39 Morales
3/7/2022
completed in ideally 3 months, no later than 6
City Manager
& McKenney for recruitment
5/2/2022
months
services
Dog Park Grass -Update. Recreation -Report to
Community Services
40 Perez
3/21/2022
Parks/Streets/Utilitie
5/2/2022
be provided at May 2, 2022 Council Meeting.
s/Fleet
Move ARPA funds to general fund by March,
41 Velazquez
1/22/2022
earmarking funds for business revitalization,
City Manager
4/25/2022
tourism, Welcome to Hollister sign, develop
loan or grant program for businesses to apply for
Packet Pg. 408

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Report on the City's intentions and ideas on
42 Burns
2/22/2022
what to do with Park Hill. Recreation -Report to
Recreation
Recreation gave a presentation on
5/2/2022
5/2/2022
be provided at May 2, 2022 Council Meeting
43 Burns
3/21/2022
Promoting the 150th Celebration
City Manager
Update given by Ad Hoc (Morales)
5/2/2022
during meeting
Report on speed cushions, current locations,
44 Perez
3/7/2022
future locations and remaining amount,
DS-Engineering
4/18/2022
Morales
4/4/2022
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
45 Burns, Morales,
4/18/2022
Update on Youth Art and Cultural Commissioner
City Clerk
Two applicants for appointment
5/16/2022
Perez
applications
on 5/16/2022
Information on City of Hollister plans for Office
Recognized Office Professionals
46 Burns, Morales,
4/18/2022
Professionals Day and recognition events that
City Manager
Day. Working on other staff
4/27/2022
Perez
have to do with our staffing.
morale ideas
47 Perez
5/2/2022
Requested a 5 minute timer for all presentations
City Clerk
Completed
5/16/2022
48 Morales
1/18/2022
Traffic study on San Benito Road near 7-11
DS-Engineering
Study in process -Speed humps not4/30/2022
warranted
See if other nearby cities want to purchase
Community Services
Invite was given to CAO & City
49 Velazquez
1/22/2022
Parks/Streets/Utilitie
3/30/2022
speed cushions so we may order in bulk
s/Fleet
Manager of SJB
50 Velazquez
2/7/2022
Monthly or bi-Monthly meetings with the Fire
Fire
Fire Committee created
5/26/2022
Committee
Asked if City Attorney can confirm if we can
Requested from Consultant as a
51 Burns
2/22/2022
close/stop public comment, requested his legal
City Attorney
5/26/2022
opinion on the matter
separate memo
52 Morales
2/22/2022
Update on traffic study for speed cushions on
DS-Engineering
Study in process -Speed humps not
4/30/2022
San Benito Street by 7-11
warranted
Packet Pg. 409

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
53 Burns, Morales,
4/18/2022
Dunne Park Community Center update
City Manager
Recreation Services Manager
5/2/2022
Perez
Garza provided presentation
54 Burns, Morales,
4/18/2022
Add to second evaluation of Ord. 1202 for
City Clerk
Requested from Consultant as a
5/25/2022
Perez
constitutionality
separate memo on 4/19.

Divide the APRA $500K for sidewalks between
55 Council
5/2/2022
the 5 council members to allocate for use in
City Manager
5/2/2022
their respective districts.

Requests staff consider putting spikes on top of
56 Resendiz
5/2/2022
the streetlights on Piane Crati Court (in D2) due
Public Works
Purchasing Bird Spikes
5/13/2022
to complaints of bird waste on cars
57 Burns, Morales,
4/4/2022
Outstanding Building Permits over 6 months
Building
Council given monthly
6/30/2022
Perez
with status
58 Resendiz
5/2/2022
Update on Dollar General's weed and graffiti
Code Enforcement
Weeds removed
5/25/2022
abatement
Requested from Consultant as a
separate memo on 4/19.
59 Burns, Morales,
4/18/2022
memo clarification on using titles, city issued
City Clerk
Requested clarification from
5/20/2022
Perez
equipment, and our platform for campaigning
consultant on using city logo shirts
and posting videos
Council wanted to keep it simple
so the process is that a request is
made to a council member who
60 Morales
3/7/2022
Process for requesting speed cushions be placed
DS-Engineering
relays it to the City Manager who
6/6/2022
on website for the public to access
relays it to Engineering for study.

A more detailed process was
brought to Council, but rejected.

Packet Pg. 410

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Staff requested clarification on
which committees updates are
Revisit Council Committee assignments, updates
on committees that do not meet, and create
being requested from.
61 Morales
2/7/2022
City Clerk
Department Liaisons for Finance is
6/21/2022
committee assignments for Finance and Public
Works
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.

PD working on removing parking
62 Perez
2/22/2022
Consider changes to City's Parking Ordinance,
Police Department
restrictions on 5th St. On
6/6/2022
regarding parking across from the Library.
6/6/2022 Agenda
63 Morales
2/22/2022
Discussion on Planning Department projects that
DS-Planning
Spreadsheet provided to Council
6/24/2022
are delayed and what the problems are
on 6/24/2022
64 Burns, Morales,
4/4/2022
Safe Zones
Police Dept
PD working on testing site before
6/21/2022
Perez
press release.

A work order has been issued to
Consider making a temporary loading zone area
Planning,
Public Works to create a loading
65 Perez
5/2/2022
zone out of two of the parking
7/22/2022
in front of Gunnagle Funeral Home for Hearses
Engineering?
spaces in front of the funeral
home.
66 Resendiz
5/16/2022
May we look to see what may be done about
PD
Staff provided status on
7/21/2022
accidents at Alvarado & Santa Ana.
7/21/2022
67 Burns
1/18/2022
Look into Central Coast 3CE Grant
City Manager
Staff is working with 3CE staff and
7/25/2022
the new grant writer
Will request as part of HMC 2.04
Discuss changing the time of Council meetings so
City Clerk/ City
changes. Requested start time is
68 Morales
1/18/2022
they are earlier, so they do not go late into the
5/16/2022
Attorney
9:00 am. Was not changed as part
night
of the revisions.

Packet Pg. 411

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Staff given direction to look at
Proposal for electric vehicles, to utilize grants for
Community Services
available electric vehicles. Have
69 Morales
1/18/2022
Parks/Streets/Utilitie
not found any. Staff will need to
7/22/2022
electric vehicles
s/Fleet
put a refundable deposit down
and order them.

Finance to provide more details on the budget
Administrative
70 Morales
2/7/2022
totals percent paid vs. actual with the warrant
Services
Will begin 8/1/2022. Item is part
8/1/2022
Finance/Human
of the warrant registers.
registers for approval
Resources
71 Burns, Morales,
4/4/2022
Renaming of Union Road and new park by FS2 to
City Manager
Engineering is in process. Will be
8/1/2022
Perez
Cesar Chavez Way and Cesar Chavez Park
on 8/1 Council agenda.

PD confirmed that they do not
72 Morales
1/22/2022
Analysis on the speeding complaints in the City
Police Department
track complaints at the
9/1/2022
by neighborhood
neighborhood level.
73 Morales
1/22/2022
Add Community Development position to help
City Manager
Will be done by Asst. City
9/1/2022
businesses get started go through the processes
Manager
74 Burns, Morales,
4/4/2022
Intelligence on PD Issues and Trends in the
Police Dept
Annual report with statistics is
9/1/2022
Perez
community
posted on PD website.
75 Burns, Morales,
4/4/2022
Cameras up at all access and have PD work with
PD &IT
Policy determined to be adequate
9/1/2022
Perez
IT work on and add a privacy aspect
by City Attorney
List of resources for the community with links on
Resources added to existing site
76 Morales
5/2/2022
the City's webpage, such as local non profits,
City Manager
and will be included on new city
9/7/2022
food assistance, housing assistance, etc. Link to
website.
see what district residents live in.

Add the Council updates and request
Reports add under "Transparency"
77 Morales, Burns
5/2/2022
spreadsheets to the City's webpage for public
City Manager
tab on existing site. Reports will
9/30/2022
transparency
be included on new city website.

Packet Pg. 412

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
78 Resendiz
9/6/2022
Ensure that Mexican music is played during
Recreation
Mariachi groups will play on
9/16/2022
Summer Concert Series
September 16th.

Staff has tried to fence off areas of
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
Community Services
the dog park in the past. This did
79 Council
5/2/2022
while laying sod on the other side. Block off side
/Parks &Recreation
not contain the small dogs nor
9/14/2022
of park with fence to keep dogs/people out
stopped visitors from entering the
other sides
Staff has not received any inquires
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
Development
from HSD. Staff has had
80 Resendiz
9/6/2022
discussions with HSD recently
9/14/2022
walkway, CFDs, increasing development fees,
Services (Planning)
and shared facility use agreements
regarding approved housing
developments.

Study session on Code Enforcement problem
Police (Code
PD has met with Councilmember
81 Morales
5/2/2022
solving, communications training, dispute
Morales and addressed her
8/31/2022
Enforcement)
resolution
concerns.

Reports will start with new
82 Morales
2/22/2022
Receipts of budget vs actuals
Administrative
budget. Included with standing
8/1/2022
Services
warrant agenda item.

Have staff to remove the fenced area at Klauer
Parks &Recreation /
Received quote from contractor to
83 Resendiz
5/2/2022
park so it is not used as a dog park, and come up
remove fence. Scheduled to be
9/26/2022
with an alternative solution for the area
Community Services
removed by 9/23/22
84 Perez
9/6/2022
Provide speed hump installation schedule
Community Services
Dept provided schedule to City
9/20/2022
Manager's Office for review
Packet Pg. 413

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Staff is working to prepare
85 Perez
9/6/2022
Parks ADA Schedule
Parks & Recreation
schedule. Will be provided at
9/27/2022
Parks and Recreation Commission
meeting and to council.
86 Morales
9/6/2022
Provide update on status of salary study
Administrative
Update will be provided on 9/19
9/19/2022
Services
council meeting
87 Morales
9/6/2022
PIO Plan
City Manager
Assistant City Manager developing
9/8/2022
plan.
88 Resend
9/6/2022
200 Zinc Plates available for donation.

Parks & Recreation
Referred to Art &Culturaliz
10/5/2022
Commission
Update program to make more
89 Morales
9/6/2022
Business Loan Program update
City Manager
businesses are eligible to receive
10/3/2022
loan.

Community Services
90 Resendiz
9/6/2022
Need speed cushions at intersection of Alvarado
/ Development
Will be installed the week of
9/30/2022
and Santa Ana
Services
September 26th.
(Engineering)
Grant chart, showing what grants are available,
On 6/6/2022 Agenda to request
91 Morales
2/7/2022
which are applied for, status, etc. Will provide a
City Manager
grant writer. Grant writer
9/30/2022
template
approved.

Earmark funds from ARPA to help businesses
City will assist businesses as
92 Resendiz, Burns
5/2/2022
transition to going green (after other ARPA
City Manager
requested. City Manager will
10/3/2022
provide update at 10/3 Council
funding priorities are met)
meeting.

Police (Code
93 Morales
5/2/2022
An Ordinance to ensure that business are not
Enforcement) / City
Second reading of ordinance will
10/3/2022
fined for stolen shopping carts
be brought to Council on 10/3/22.

Attorney
Organizational Charts for City and Departments
Departments submitting org
94 Burns
9/6/2022
City Manager
charts to City Managers Office for
10/17/2022
(include vacant positions)
review.

Packet Pg. 414

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
City Manager /
Engineering is currently reviewing
9S
Burns
9/6/2022
Update on downtown sign
Development
plans for sign. Structural review
9/30/2022
Services
will be completed on 9/16/22.
(Engineering)
Dept has received a list of all trees
96 Perez
1/18/2022
Update on the tree program
Community Services
trimmed or removed in Fiscal Year
10/S/2022
2021-22. Report under review and
will be distributed to council.

Staff installed temporary
97 Burns/Velazquez
9/19/2022
Crosswalk on Ladd Lane
City Manager
crosswalk markings while
10/3/2022
contractor works to permanently
correct Ladd Lane.

Prune St construction is scheduled
98 Burns
10/3/2022
Prune Street Pavement
Community Services
for August 2023. Potholes on
10/10/2022
Prune St are scheduled to be
refilled by 10/31/22.

Study on intersection was
99 Morales
10/3/2022
San Benito and Hawkins Street Traffic Study
Engineering
completed in 2022. All ways stops
10/3/2022
were not warranted.

City's Risk Management firm has
Confirm that judgement is due to city from Irma
confirmed that they are beginning
100
Burns/Velazquez
9/6/2022
Gonzalez and Elia Salinas and begin collection
City Attorney
the collection process. Confirmed
10/14/2022
process if applicable.
that there are no other
outstanding legal judgements.

Packet Pg. 415

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Forward email from Gavilan College
President/Superintendent to the local press and
101
Resendiz
10/17/2022
City Manager
Email was forwarded as requested
10/18/2022
to City Clerk for submission into the official
record
102
Resendiz
5/2/2022
Update on whether the City can be more
Community Services
City cannot pass a more restrictive
10/20/2022
restrictive regarding use of plastic bags
/ City Attorney
ordinance than the state.
103
Resendiz, Perez
10/17/2022
Provide letter from Gavilan College on
City Manager/City
Letter was provided as requested
10/18/2022
Presentation done by Sunnyslope Water District
Clerk
Follow up meeting held with
104
Perez
11/7/2022
Financials for 150th Celebration
City Manager
Councilmember Perez and City
11/14/2022
Manager.

City Manager's office is sending
105
Perez/Morales
9/6/2022
Provide streets/sidewalks/alleys schedule
Community Services
out project schedules as
11/21/2022
confirmed. Schedules will be
posted on social media as well.

Assistant City Manager working
106
Morales
9/6/2022
Timeline for Council Projects
City Manager
with Department Heads to
11/30/2022
develop timelines for projects.

Follow up with Planning Department regarding
107
Morales
11/7/2022
customer service concerns brought up at San
City Manager
Confirming follow up meeting.
11/30/2022
Benito Chamber of Commerce Business
Will provide an update to Council.

Advocacy Committee
108
Burns
11/21/2022
Status Update on General Plan
Development
Timeline emailed to Council on
11/30/2022
Services (Planning)
11/30/2022
Packet Pg. 416

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
109
Resendiz
9/6/2022
General Plan Action Committee (GPAC) Update
Development
Timeline emailed to Council on
11/30/2022
Services (Planning)
11/30/2022
Recruitment update provided to
Council. Interviews for
Status on hiring an Development Services
Administrative Services Director
110
Burns
11/21/2022
Director, Airport Manager, Chief Building
City Manager
will take place on the week of
11/30/2022
Official, and Building Inspector
December 5th. City Engineer
interviews scheduled for week of
December 12th.

Draft report received 11/18. Final
111
Perez
11/7/2022
Cienega Road Survey
Engineering
12/12/2022
report expected on 12/15/22
City Manager developing final
112
Burns
12/5/2022
Financials for the 150th Year Celebration
City Manager
financial report to send to City
12/19/2022
Council.
113
Burns
12/5/2022
Status Report on Shot Spotter Program Update
Police
PD working with vendor to
1/17/2023
provide a presentation to Council.
114
Burns
11/21/2022
Next Steps to Implement Term Limits
City Clerk
Clerk will provide a memo to City
1/30/2023
Council
Equipment has been delivered.
115
Burns
2/22/2022
Requested additional cameras be installed in the
Police
Staff is waiting for the weather to
1/31/2023
Sunnyslope area due to stolen car items
clear prior to install them.
116
Burns
11/21/2022
Status on Gateway Monument Sign
City Manager
Installation is underway.
2/10/2023
Packet Pg. 417

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
117
Burns
12/5/2022
Status on Gateway Monument Sign
City Manager
Installation is underway.
2/10/2022
118
Morales
2/6/2023
Copies of City's contracts with 4LEAF
City Manager
Contracts sent to Council.
2/9/2023
119
Morales
2/6/2023
Status of money raised by the Community
City Manager
Update provided to Council
2/15/2023
Foundation to assist flood -impacted residents
120
Burns
2/21/2023
Options for fencing the Downtown area for the
Police
Update will be provided at
3/6/2023
motorcycle rally and charging an entrance fee
3/6/2023 City Council meeting
121
Burns
3/6/2023
Update on Police Communications Center
Police
Update sent to Council
3/15/2023
122
Burns
3/6/2023
Update on parklet request for 300 block of
Development
Application incomplete, business
3/12/2023
Monterey
Services
owner and neighbor
123
Morales
3/6/2023
HPD to follow up on incident reported by Mr.

Police
Police report taken
3/12/2023
Rojas
124
Burns
3/6/2023
Status of the downtown monument sign
Development
Update provided to council on
3/16/2023
Services
3/16/23
Community Services
Post speed study completed.

Need speed cushions near Calaveras School on
/ Development
Councilmember can request to
125
Resendiz
9/6/2022
2/20/2023
Central Avenue
Services
add speed hump using their
(Engineering)
district allocation
126
Velazquez
2/7/2022
Update from Beautification ad hoc committee in
Ad Hoc Committee
Waiting on Ad Hoc Committee to
TBD
March
meet
Packet Pg. 418

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Camera purchase request being
127
Burns
12/5/2022
Update on Cameras at the skate park
Police
considered at 3/20/2023 council
3/20/2023
meeting
Need to issue an RFP as estimate
is $150k. RFP boilerplate is
128
Burns
11/21/2022
Lighting on side streets
Community Services
currently under review with City
6/30/2023
Attorney. RFP released on March
15, 2023.

All active recruitments are
currently published on the City's
website and other websites,
129
Casey
4/3/2023
Post city vacancies on website
Human Resources
including GovernmentJobs.com,
Updated on a
rolling basis
as well as industry -specific bulletin
boards based on Department
needs.

Certificate of Recognition for former Parks &
To be signed by Mayor on 4/17/23
130
Burns
4/3/2023
City Clerk
5/15/2023
Recreation Commissioner Alliyah Gomez
and provided to Alliyah Gomez
Certificate of Recognition for Sarah Nordwick
To be signed by Mayor on 4/17/23
131
Morales
4/3/2023
City Clerk
5/1/2023
with the SBC Food Bank
and provided to Sarah Nordwick
132
Burns
4/17/2023
Use of Council discretionary funds to repair
Community Services
List provided to Council
4/23/2023
sidewalks
Update on participation in the San Benito
City Manager to attend 3/30
133
Casey
3/20/2023
County Economic Development Committee by
City Manager
3/30/2023
committee meeting
the City
134
Burns
2/21/2023
Update on the Senior Council and if City has
Parks and Recreation
FY 2021-22 and 2022-23 Invoices
3/31/2023
contributed for past two years
were requested for payment
Packet Pg. 419

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
135
Perez
2/6/2023
Update on condor statue to be installed at Graf
Community Services
Condor statue is at contractor's
3/31/2023
and 4th Street
yard and is 90% complete.

Staff met with landscapers to
assess sprinklers. Staff is
136
Burns, Velazquez
5/2/2022
Staff research drought resistant ideas for Jerry
Parks & Recreation
contacting other cities to learn
4/25/2023
Gabe Dog Park and all future dog parks
(Tina)
what materials they are using.

Landscapers will be seeding the
park on October.
137
Resendiz
3/20/2023
Work with San Benito County to coordinate on
Parks &Recreation
City manager to discuss with
any Pride Month events
County CAO
4/26/2023
138
Morales
3/20/2023
Join committee to support bringing First Five
Parks &Recreation
Referred to Parks Department
4/23/2023
community center
The graffiti truck is operational
and Community Services is
responsible for abatement. We
Requested discussion with the Parks Manager
Community Services
are adding a maintenance position3/31/2023
139
Burns
2/22/2022
about ideas for Skate Park, and City investing in
/ Parks & Recreation
to deal with graffiti on a regular
park cleanup.
basis and will develop regular
routes to deal with graffiti before
it is reported.

JPA summary prepared by City
Discuss creating a Homelessness committee with
representatives from different entities to tackle
Attorney and sent to
140
Resendiz
1/18/2022
City Attorney
Counci1.Homeless JPA being
4/12/2023
homeless problem, to discuss this on a future
agenda
discussed at Intergovernmental
Committee.

Packet Pg. 420

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
JPA summary prepared by City
Attorney and sent to
141
Resendiz
5/2/2022
Update on the Homelessness JPA
City Attorney
Counci1.Homeless JPA being
4/12/2023
discussed at Intergovernmental
Committee.

On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
Development
142
Velazquez
2/7/2022
Update on alleys
Services
with surveyor. Topo survey work
9/30/2022
began in late July of 2022. Topo
(Engineering)
Surveys were completed in
September.

Planning Commission reviewed
ordinance on 2/23/23. Council
143
Resendiz
3/6/2023
Update on Inclusionary Housing Ordinance
Development
continued item until additonal
5/1/2023
Services
public outreach completed
(5/1/23)
144
Morales
4/17/2023
Weeds at San Benito Street and Promise
Community Services
Crew dispatched to address
5/3/2023
concern
Update on previous concerns by members of the
145
Burns
3/20/2023
public regarding parklets that would harm their
Development
Parklet not approved due to safety
5/4/2023
business
Services
concerns
Training is scheduled and all staff
146
Resendiz
2/21/2023
Training for peace officers and dispatchers as
City Attorney/Police
should complete by August of
5/8/2023
required by AB2504
2023.

Packet Pg. 421

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Suggested potential changes to the process
regarding City Council's review of initiating a
147
Burns
1/17/2023
general plan amendment to potentially lower
City Attorney
Memo sent to Council
5/8/2023
the threshold for the required Council vote to
approve the initiation.

Interviews held on 5/8. Offers will
3/6/2023
Update on hiring of maintenance worker to
148
Burns
Community Services
be made by 5/12. Paint truck is
5/31/2023
3/20/2023
repaint sound walls citywide
currently operational.

Union Rd signs need to be replaced with Avenida
149
Burns
9/6/2022
Cesar Chavez signs at Fairview and Hwy 25
Community Services
Sign installed on 6/1/2023
6/1/2023
intersections
Project complete. Acceptance of
150
Burns
3/6/2023
Update on Hillcrest east of Memorial to El Toro
Engineering
project will be presented to City
6/5/2023
Council on 6/5/23.

Transcribe LGBTQ+ Manual for Public Officials
Transcription completed and
151
Resendiz
4/3/2023
and provide to employees and other
City Manager
manual being reviewed by
6/5/2023
jurisdictions.

Esperanza Center team.

Staff are gathering information
152
Burns
3/20/2023
Update on collection of fees from litigation City
Administrative
and will report back to Council at a
6/5/2023
has won
Services
future date
RFP is closed. Contract will be
153
Council
5/2/2022
Upgrade or replace the lights downtown and the
Community Services
brought to the 6/5 Council
6/13/2023
first block of the side streets with APRA funds
meeting for approval.

Packet Pg. 422

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
154
Burns, Morales
4/3/2023
Employee Recognition Program
Human Resources
Staff looking at options to bring
7/17/2023
back pre-COVID events
Staff working on developing a
report for council. Staff is
155
Morales
3/20/2023
Update on the status of City's involvement in
City Manager
currently amending its LATA grant
8/7/2023
regional efforts regarding broadband installation
application in an effort to secure
$500k for broadband design work.

Supplies have been received by
156
Velazquez
2/7/2022
Update on lighting on 6th street and solar lights
Engineering
contractor. Material delays have
6/30/2023
slowed project. Installation will
begin in May of 2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
157
Burns
2/6/2023
incident and the body camera footage to be
City Attorney/Police
Referred to City Attorney
8/1/2023
released and presented at regular city council
meeting
158
Perez
4/3/2023
Information on chemical pesticide use by the
Community Services
Memo sent to Council
8/30/2023
City and policy on use of chemical pesticides
Packet Pg. 423

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Certificates of recognition for longstanding
Hollister businesses: San Benito Tire, A&W Root
Certificate created and sent to
159
Burns, Perez
8/7/2023
City Clerk
9/5/2023
Beer, Foster Freeze, McKinnon Lumber and
honoree
Country Rose
Certificates of recognition for longstanding
Certificate created and sent to
160
Burns
8/21/2023
Hollister businesses: G&M Auto Repair, Hollister
City Clerk
9/5/2023
honoree
Paints, and the Cannery
Certificates of recognition for longstanding
Certificate created and sent to
161
Burns
9/5/2023
Hollister businesses: Dr. Mohammad al -Hassan,
City Clerk
9/6/2023
honoree
Premier Cinema, and Round Table Pizza
Certificates of recognition for longstanding
Certificate created and sent to
162
Hollister businesses: Ace Hardware, Super
City Clerk
9/30/2023
honoree
Taqueria, and Greenwood Chevrolet.

Burns
9/18/2023
Certification of Recogntion for former Planning
Certificate created and sent to
163
Burns
8/7/2023
City Clerk
9/18/2023
Commissioner David Huboi
honoree
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's inclusion
164
Casey
8/21/2023
on a federal watch list and the potential inability
City Attorney
Memo Sent to Council
8/31/2023
for Councilmember Resendiz to be able to vote
on contracts regarding federal funding
Disced in April 2023 by owner and
Weed abatement for property behind Goodwill
two notices sent for weed
165
Burns
9/18/2023
Fire
9/24/2023
store
abatement. Referred to Code
Enforcement
166
Burns
9/5/2023
Replacement of dilleneators on San Benito
public Works
Completed
9/25/2023
Street near entrance of downtown
Packet Pg. 424

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Requested information regarding what other
167
Resendiz
6/20/2023
cities are providing for translation services for
City Clerk
Staff soliciting quotes for meeting
10/2/2023
translation services
public comments and public documents
Certificates of recognition for longstanding
168
Burns/Perez
10/2/2023
Hollister businesses: Bulldog Boxing, Spudnuts,
City Clerk
Certificate created and sent to
10/3/2023
Colonial Cleaners, Postal Graphics, and Ken
honoree
Lindsay
169
Resendiz
6/20/2023
Update on work done on Fremont Way
Public Works
Memo sent to Council
10/1/2023
170
Burns
6/20/2023
Requested staff study the regulations for A-
Development
Council will be provided a memo
10/10/2023
frames signs
Services
on the topic
171
Morales
8/7/2023
Information on creating a formal internship
Human Resources
Staff is preparing memo for
10/10/2023
program
council
Certificates of recognition for Hollister Collision
172
Burns
10/16/2023
Center, Hollister Quality Water, and the Hazel's
City Clerk
Certificates distributed.
10/23/2023
Treasures
Meeting regarding downtown
173
Resendiz
9/18/2023
Meeting of Downtown Business Ad Hoc
City Manager
businesses being held on
10/17/2023
Committee
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.

Staff is preparing a policy to bring10/16/2023
174
Perez
8/7/2023
Update on tree replacement program
Public Works
to City Council on 10/16/2023.

Packet Pg. 425

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Meeting regarding downtown
175
Morales
8/7/2023
Information on parklets and requested meeting
Development
businesses being held on
10/17/2023
with business community
Services
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
176
Burns
6/5/2023
Hollister Sign Update
City Manager
Staff preparing update on sign,
11/15/2023
lights, and bollards
177
Burns
11/20/2023
Certificates of Recognition for Baskin Robbins,
City Clerk
Certificates sent
11/22/2023
Dr. Paul Percival, Wong's Garden, Nob Hill
178
Morales
10/2/2023
Status report on vacant City Positions
Administrative
Report sent to Council
12/1/2023
Services (HR)
179
Resendiz
11/20/2023
Follow up Re: Dog attacks at Mission Oaks
Police
Report sent to Council
12/1/2023
mobile home park
180
Burns
4/3/2023
Comprehensive training report
City Manager
Report sent to Council.
12/1/2023
Certificates of Recognition for True Value,
181
12/5/2023
Burns
12/4/2023
Hollister Super, and Village Market
City Clerk
Certificates sent
182
Velazquez
5/2/2022
Discussion on dark sky Ordinance to prevent
Development
Dark sky provisions included in the
11/6/2023
light pollution at night.

Services
draft General Plan Update.

Staff to provide information regarding waiver of
Council directed staff to bring
183
Burns
8/22/2023
the specific plan amendment fee as requested
Development
forward the fee waiver at a future
12/18/2023
by Bright Future Recovery
Services
Council meeting
184
Burns
11/20/2023
Updates at each Council meeting re: sewer smell
Public Works
Staff providing agenda item on
12/18/2023
in District 2
topic at 12/18/23 Council meeting
Packet Pg. 426

2022 Completed Update Requests
#
Council Member
Meeting Date
Update Requested
Department
Status
Completed Date
Wells mentioned at City Council
185
Burns
11/20/2023
Information Re: nitrate levels in wells on Wright
Public Works
meeting by a member of the
1/12/2024
Road
public do not belong to the City of
Hollister.
186
Burns
11/20/2023
Update on small business loan to MMM Churros
Finance
Staff preparing report
1/16/2024
187
Council
10/16/2023
Legal Analysis Re: Taking a position on the
City Attorney
Staff working with Integrated
1/16/2024
landfill expansion
Waste and City Attorney's Office
Packet Pg. 427

Hollister City CouncilFebruary 5, 2024

Hollister City Council
February 5, 2024