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Agenda packet

Hollister City Council
March 18, 2024

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Agenda packet
Meeting
March 18, 2024
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Hollister City Council
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5
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Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

MAYOR
Mia Casey

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
David Mirrione

CITY ATTORNEY
Mary F. Lerner

CITY CLERK
Jennifer Woodworth

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Gordon Machado

CITY COUNCIL AND

SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY

MEETING AGENDA
Special and Regular Meeting
March 18, 2024
Special Meeting 6:00 PM
Regular Meeting 6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov/

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, subdivision (b), the following Council Meeting will include teleconference participation by Councilmember Dolores Morales from the Sheraton Grand Sacramento, 1230 J Street, Sacramento, CA 95814. This notice and agenda will be posted at the teleconference location. P ublic comment from this address shall be allowed pursuant to Government Code Section 54953.3.

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

City Council Monday, March 18, 2024 Page 2 of 9

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.

PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:

City of Hollister Website:
http://hollisterca.iqm2.com/Citizens/Default.aspx

Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

CALL TO ORDER

ROLL CALL

VERIFICATION OF AGENDA POSTING
A. CLOSED SESSION - 6:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1)
Name of Case: LLXP, Inc. v. City of Hollister, et al.,

City Council Monday, March 18, 2024 Page 3 of 9

San Benito County Superior Court Case No. CU-21-00119

2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees in classifications designated as Executive Management

PLEDGE OF ALLEGIANCE

CLOSED SESSION - REPORT OUT
B. SPECIAL ORDERS OF THE DAY

1. PROCLAIMING MARCH 2024 AS WOMEN'S HISTORY MONTH (City Clerk)

2. RECOGNIZING MARCH 8, 2024 AS INTERNATIONAL WOMEN’S DAY (City Clerk)

3. RECOGNIZING THE HOLLISTER HIGH SCHOOL ROBOTICS TEAM #6884 DEEP SPACE (Recreation)

4. PRESENTATION BY MARCUS VILLAPANDO WITH SCOUTS BSA
(Recreation)

PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

C. CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public.

1. The minutes of the Regular Meeting of City Council March 4, 2024

City Council Monday, March 18, 2024 Page 4 of 9

2. RATIFY APPOINTMENTS TO FILL THE VACANCIES FOR THE ARTS &

CULTURE COMMITTEE, PARKS AND RECREATION COMMISSION, AND PLANNING COMMISSION (City Clerk)
BRIEF DESCRIPTION: The Arts & Culture Committee, Parks and Recreation Commission, and Planning Commission currently have vacancies for the seats appointed by District 2. The City Council must ratify appointments to the commissions.

RECOMMENDATION: Ratify appointments for the District 2 positions for the Arts & Culture Committee, Parks and Recreation Commission, and Planning Commission.

3. RESOLUTION NO. 2024-33 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER ADOPTING BID PROTEST PROCEDURES
(Administrative Services)
BRIEF DESCRIPTION: Adoption this resolution will establish bid protest procedures in which bidders may file a protest and disputes may be resolved.

RECOMMENDATION: Adopt a resolution approving bid protest procedures to establish how bidders file a protest and disputes may be resolved.

4. RESOLUTION NO. 2024-34 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER AUTHORIZING VICE MAYOR RESENDIZ TO USE UP TO $1,500 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY

FUNDS TO PROVIDE FINANCIAL SUPPORT TO SNIP BUS FOR RABIES

AND FVRCP VACCINATION TREATMENT FOR FERAL CATS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 WITH SNIP BUS (City Manager)
BRIEF DESCRIPTION: A resolution of the City Council of Hollister authorizing Vice Mayor Resendiz to use up to $1,500 of FY 23/24 City Council budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats.

RECOMMENDATION: Adopt a resolution authorizing Vice Mayor Resendiz to use up to $1,500 of FY 23/24 City Council budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats, and authorize the City Manager to execute a contract Amendment No. 1 between the City of Hollister and SNIP Bus.

5. RESOLUTION NO. 2024-38 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER AUTHORIZING MAYOR CASEY TO USE UP TO
$11,550 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS

TO SECURE A CONSULTANT TO DEVELOP AND FACILITATE A FISCAL YEAR 2024-25 CITY COUNCIL GOAL SETTING MEETING AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A

CONTRACT BETWEEN THE CITY OF HOLLISTER AND SHAWN SPANO
FOR THESE SERVICES. (City Manager)

City Council Monday, March 18, 2024 Page 5 of 9

BRIEF DESCRIPTION: At the February 20, 2024 City Council meeting, Mayor Casey requested a future meeting for the City Council to discuss goal setting for the next fiscal year. Mayor Casey requested the goal setting workshop be facilitated by an outside facilitator with the funds coming from her discretionary funds.

RECOMMENDATION: Adopt a resolution authorizing Mayor Casey to use up to $11,550 of FY 23/24 budgeted discretionary funds to secure a consultant to develop and facilitate a Fiscal Year 2024 -25 City Council Goal Setting Meeting; and authorize the City Manager to execute a contract between the City of Hollister and Shawn Spano PhD for these services.

6. RESOLUTION NO. 2024-35 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER ACCEPTING A GRANT FROM HOMELAND SECURITY FOR ADDITIONAL ALPR CAMERAS IN THE AMOUNT OF $48,000 (Police) BRIEF DESCRIPTION: This resolution would accept a Homeland Security Grant for Automated License Plate Reading (ALPR) cameras in the amount of $48,000.

RECOMMENDATION: Adopt resolution accepting the Homeland Security Grant for ALPR cameras.

7. RESOLUTION NO. 2024-36 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER AUTHORIZING AN AGREEMENT BETWEEN THE CITY

OF HOLLISTER ANIMAL SHELTER AND THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS DAVIS CAMPUS

SCHOOL OF VETERINARY MEDICINE ON BEHALF OF ITS KORET
SHELTER MEDICINE PROGRAM (Police)
BRIEF DESCRIPTION: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $59,100.

The funds of $59,100 must be expended to increase the Hollister Animal Shelter intake prevention services. The Hollister Animal Shelter will also reduce/waive adoption fees and enhance their foster program.

RECOMMENDATION: Adopt a resolution accepting a $59,100 grant from Koret Shelter Medicine Program.

8. RESOLUTION NO. 2024-37 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER DECLARING THE CONDITION OF CERTAIN

PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE AND ORDERING THE

ABATEMENT OF WEEDS THEREON, AND NOTICING A HEARING FOR THE RECEIPT OF OBJECTIONS TO THE PROPOSED ABATEMENT (Fire)
BRIEF DESCRIPTION: This resolution starts the legal process for the 2024 Weed Abatement Program declaring the condition of certain properties to constitute a public nuisance due to the existence of weeds and noticing a hearing for the receipt of objections by property owners to the proposed abatement by the City.

City Council Monday, March 18, 2024 Page 6 of 9

RECOMMENDATION: Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.

D. PUBLIC HEARINGS

1. ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER APPROVING THE THIRD AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

HOLLISTER AND THE DEVELOPMENT KNOWN AS WEST FAIRVIEW FOR

THE PARTIAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT TO
EDEN HOUSING/MIMOSA STREET INVESTORS, LP (Planning)
BRIEF DESCRIPTION: The Applicant, Eden Housing/Mimosa Street Investors LP has submitted an application for an amendment to the Development Agreement between the City of Hollister and Award Homes for the partial assignment of the executed Development Agreement to Eden Housing/Mimosa Street Investors, LP for a 100 percent affordable project located at the corner of Avenida Chavez and Mimosa Street (APN 057-860- 046)
RECOMMENDATION: Hold a public hearing and introduce an Ordinance amending the Development Agreement and allowing a partial assignment to Eden Housing/Mimosa Street Investors, LP.

E. COUNCIL BUSINESS

1. RESOLUTION NO. 2024-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING DENSITY BONUS 2023-4 TO REDUCE THE COMMUNITY FACILITIES DISTRICT FEES FOR A 100 PERCENT

AFFORDABLE PROJECT LOCATED AT THE CORNER OF AVENIDA CESAR CHAVEZ AND MIMOSA STREET (APN 057-860-046) (Planning)
BRIEF DESCRIPTION: The Applicant is requesting City Council approval of a Density Bonus for the approved affordable 100 multifamily apartment project (S&A 2022-16) located within the West Fairview Subdivision. The units will be affordable to low, very low, and extremely low income families and farmworkers. The Density Bonus request is in addition to a prior Density Bonus approval for the waiver of setbacks (DB 2023-1) and is requested for additional incentives for the affordable project. The project site is located on the corner of Avenida Cesar Chavez (formerly Union Road) and Mimosa Drive in the Residential West Fairview Specific Plan (RWF/SP) Zoning Designation, further identified as San Benito County Assessor Parcel Number 057-860-046.

RECOMMENDATION: Adopt a resolution approving Density Bonus 2023-4.

2. STATUS UPDATE OF EMERGENCY PURCHASE: SEWER LINE REPAIR AT SAN JUAN HOLLISTER RD/4TH STREET AND GRAF RD (City Manager)

City Council Monday, March 18, 2024 Page 7 of 9

BRIEF DESCRIPTION: Staff will provide an Emergency Purchase update regarding the Sewer Line Repair at San Juan Hollister Rd/Fourth Street and Graf Rd.

RECOMMENDATION: Receive report.

3. INCLUSIONARY HOUSING ORDINANCE DISCUSSION (Development Services)
BRIEF DESCRIPTION: A presentation on a revised draft Inclusionary Housing Ordinance and review of potential policy direction.

RECOMMENDATION: Receive a presentation on the draft Inclusionary Housing Ordinance and provide direction to staff.

4. RECEIVE PRESENTATION ON THE VETERANS MEMORIAL BUILDING

OPERATING AGREEMENT AND PROVIDE POSSIBLE DIRECTION
(Recreation)
BRIEF SUMMARY: Staff will provide a presentation regarding options for an operating agreement for the Veterans' Memorial Building.

RECOMMENDATION: Receive presentation and provide possible direction to staff regarding the Veterans' Memorial Building operator agreement.

5. ORDINANCE NO. 1249 AN ORDINANCE OF CITY OF HOLLISTER AMENDING SECTION 02.04.050 OF CHAPTER 02.04 OF TITLE 2 OF THE HOLLISTER MUNICIPAL CODE (City Attorney)
BRIEF DESCRIPTION: A change to the City Council meeting start time requires an ordinance amendment and must comply with the Brown Act.

RECOMMENDATION: Introduce an ordinance amending Section 02.04.050 (“Meetings – Time and place – Held in conformity with state law”) of chapter

02.04 (“City Council”) of title 2 (“Administration and Personnel”) of the City of Hollister (“City”) Municipal Code.

6. CITY COUNCIL REVIEW OF THE CITY OF HOLLISTER CITY COUNCIL TRAVEL POLICY (Administrative Services)
BRIEF DESCRIPTION: City Council to review the City’s travel policy for councilmembers and provide direction to staff for updates to the policy, including possible updates to travel and/or other costs associated with councilmembers attendance at events.

RECOMMENDATION: Receive report and provide direction to staff regarding updates to the City’s policy on councilmember travel and training at required and/or discretionary events.

F. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY

City Council Monday, March 18, 2024 Page 8 of 9

1. RESOLUTION NO. SA-2024-01 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER, ACTING IN ITS CAPACITY AS THE SUCCESSOR

AGENCY FOR THE CITY OF HOLLISTER REDEVELOPMENT AGENCY
(RDA), TO ADOPT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2024 - JUNE 30, 2025
BRIEF DESCRIPTION: This Resolution adopts the Successor Agency Recognized Obligation Payment Schedule for the period July 1, 2024 to June 30, 2025 along with the administrative cost allowance.

RECOMMENDATION: The City Council acting in its capacity as the Successor Agency to the former Hollister Redevelopment Agency (RDA), adopts a resolution adopting a FY 2024 -25 Recognized Obligation Payment Schedule (ROPS) for the period July 1, 2024 to June 30, 2025.

G. INFORMATIONAL REPORTS

1. COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

2. COUNCIL REPORTS
Receive informational reports from the members of the City Council.

3. CITY MANAGER REPORT

4. INFORMATIONAL MEMORANDA

1. UPDATED CITY COUNCIL PROJECTS (City Manager)
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.

ADJOURNMENT

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Holli ster, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

City Council Monday, March 18, 2024 Page 9 of 9

To access written translation during the meeting, please scan the QR Code or click this link: Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137 >

Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device. | Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

PROCLAMATION

Declaring the Month of March 2024
as Women’s History Month in the City of Hollister

WHEREAS, Women’s History Month is a celebration of women’s contributions to history, culture, and society and has been observed annually in the month of March in the United States since 1987; and

WHEREAS, in the Month of March, we take the time to celebrate the accomplishments and the countless ways women, of every race, class, and ethnic background, have strengthened and contributed to the fabric of the Nation and acknowledge that we all benefit from the leadership and contributions of women in education, medicine, government, law, business, military service, and every other fi eld; and

WHEREAS, women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist, emancipation, industrial labor, civil rights, and peace movements, which have created a more fair and just society for all; and

WHEREAS, despite these contributions, the role of women has consistently been overlooked and undervalued in the literature, leadership, teaching , and study of American history and it is therefore fitting that we recognize their numerous accomplishments; and

WHEREAS, in Hollister, we have a long history of female leaders in different roles, including Mayors, Council Members, County Supervisors, Superintendents, School Board Members, CEOs, and many more.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby proclaim March 2024 to be Women’s History Month, and honor women’s contributions to The City of Hollister and American history.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 18th day of March 2024.

__________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk
B.1.a
Packet Pg. 10

PROCLAMATION

Recognizing March 8, 2024 as
International Women’s Day

WHEREAS, in 1911, International Women’s Day was first celebrated in Europe and is now celebrated throughout the world; and

WHEREAS, International Women’s Day is celebrated globally on March 8th by those who believe in gender equality and who seek to improve the lives of all women, through cultural, legal, economic, and social change; and

WHEREAS, International Women’s Day provides an opportunity to recognize the progress made to advance women’s rights, celebrate the gains made by women in our society, and reflect on the challenges and barriers that women continue to face; and

WHEREAS, women have made an extraordinary contribution to our country and world and continue to be a source of strength and leadership in our community; and

WHEREAS, on this day, women can celebrate the progress that has been made but also contemplate those areas of women’s lives where there is still more work to be done; and

WHEREAS, International Women’s Day celebrates the collective power of women, pays tribute to their achievements, and recognizes the remaining challenges to further efforts for women’s rights and gender equality, encouraging and mobilizing all people to contribute to positive change.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby recognize March 8, 2024, as International Women’s Day in appreciation of the many achievements of the women in the City of Hollister and those across this nation and the world.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 18th day of March 2024.

__________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk
B.2.a
Packet Pg. 11

PROCLAMATION

Recognizing the Hollister High School
Robotics Team #6884 Deep Space

WHEREAS, the California Park and Recreation Society (CPRS) District 6 held their Awards and Volunteer Recognition Breakfast on February 8, 2024; and

WHEREAS, at this special event, CPRS honors outstanding individuals for their professional and volunteer contributions to the fields of parks, recreation and human services; and

WHEREAS, the Hollister High School Robotics Team #6884 Deep Space was recognized for their exceptional community service, specifically their dedication to volunteering; and

WHEREAS, their notable involvement in events like the City of Hollister's annual Halloween Trick or Treat Street event and Christmas in the Park was highlighted as they received acknowledgment for their significant contributions .

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do congratulate Robotics Team #6884 Deep Space and thank them for their contributions to the Hollister community .

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 18th day of March 2024.

__________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk
B.3.a
Packet Pg. 12

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 7, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: PRESENTATION BY MARCUS VILLAPANDO WITH SCOUTS BSA

BRIEF DESCRIPTION: Boy Scout Marcus Villapondo will give a presentation to the City Council concerning a community-oriented Eagle Scout Project.

RECOMMENDATION: Receive the presentation and provide possible direction.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

B.4
Packet Pg. 13

CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special and Regular Joint Meeting of the Hollister City Council and the Successor Agency to the Hollister Redevelopment Agency
March 4, 2024

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER
Mayor Casey called the special and regular joint meeting of the Hollister City Council and the Successor Agency to the Hollister Redevelopment Agency to order at 6:00 p.m.

ROLL CALL

Attendee Name Title Status Arrived
Mia Casey Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Mary F. Lerner City Attorney Present
Jennifer Woodworth City Clerk Present
Carlos Reynoso Police Chief Present
David Mirrione City Manager Present
Gordon Machado City Treasurer Absent

VERIFICATION OF AGENDA POSTING
City Clerk Jennifer Woodworth reported the agenda for the City Council of the City of Hollister special and regular joint meeting of the Hollister City Council and the Successor Agency to the Hollister Redevelopment Agency of March 4, 2024 was posted on the bulletin board at City Hall on February 28, 2024 at 5:09 p.m. per Government Code Section 54954.2.

CLOSED SESSION - 6:00 P.M.

City Attorney Lerner read the closed session item titles.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1)
Name of Case: LLXP, Inc. v. City of Hollister, et al., San Benito County Superior Court Case No. CU-21-00119

Mayor Casey opened public comment at 6:01 p.m.

There were no speakers for the closed session agenda items.

City Council Monday, March 4, 2024 Page 2 of 10

Mayor Casey closed public comment at 6:01 p.m.

Councilmember Perez moved, and Councilmember Morales seconded the motion to adjourn into closed session.

The special meeting adjourned at 6:21 p.m.

The City Council reconvened in open session at 6:30 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Perez led the Pledge of Allegiance.

CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner stated no reportable action was taken in closed session.

SPECIAL ORDERS OF THE DAY

1. CERTIFICATE OF RECOGNITION - ELYSSA HERNANDEZ
Councilmember Resendiz presented a Certificate of Recognition to Elyssa Hernandez on being selected to play on El Salvador Women’s U-17National Football Team in the prominent CONCACAF tournament.

2. PRESENTATION OF CERTIFICATES OF APPRECIATION - LINE STREET

APARTMENT FIRE
Mayor Casey read and presented the Certificates of Appreciation to those who provided support following the Line Street Apartment Fire.

3. PROCLAIMING MARCH 2024 AS AMERICAN RED CROSS MONTH
Mayor Casey read and presented a proclamation to American Red Cross honoring March as American Red Cross Month.

PUBLIC INPUT
Ruth Erickson expressed concern regarding recent news that AT&T is planning to discontinue land lines for telephones. Ms. Erickson invited the Council to attend a luncheon and silent auction on March 24, 2024 for the Friends of the San Benito County Free Library and thanked the Council for approving a new airport sign.

Flora Koch thanked the Hollister community and City for their support following the Line Street Apartment Fire.

A. CONSENT ITEMS
All items listed under the consent agenda will be enacted in one motion authorizing the actions indicated for those items so designated.

Councilmember Resendiz pulled Item A7 from the consent agenda.

Mayor Casey opened public comment at 6:47 p.m.

City Council Monday, March 4, 2024 Page 3 of 10

There were no speakers for the consent agenda items.

Mayor Casey closed public comment at 6:47 p.m.

Councilmember Morales moved, and Councilmember Perez seconded the motion to approve the consent agenda items, except for A7. Motion carried 5-0-0.

RESULT: Adopted [Unanimous]
MOTION: Dolores Morales
SECOND: Rick Perez
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

1. City Council - Special Meeting - Feb 12, 2024 6:30 PM

2. City Council -Special and Regular Meeting - Feb 20, 2024 6:30 PM

3. WARRANT REGISTER MARCH 4, 2024

4. RESOLUTION NO. 2024-20 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE TEMPORARY CLOSURE OF FIFTH STREET FROM SAN BENITO STREET TO MONTEREY ST.

5. RESOLUTION NO. 2024-21 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE DISPLAY OF THE

CHRISTIAN FLAG THE MONTH OF APRIL EACH YEAR AT CITY HALL

TO REPRESENT THE CHRISTIAN COMMUNITY

6. RESOLUTION NO. 2024-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $54,000

AND AMENDING THE PROFESSIONAL SERVICES AGREEMENT WITH

PECKHAM & MCKENNEY EXECUTIVE SEARCH TO CONDUCT

RECRUITMENTS FOR UP TO TWO POSITIONS

7. Item A7 was moved to Items Pulled from the Consent Agenda.

8. RESOLUTION NO. 2024-24 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE RELEASE OF A REQUEST

FOR PROPOSALS (RFP) FOR COMPREHENSIVE PLANNING

PROFESSIONAL SERVICES

City Council Monday, March 4, 2024 Page 4 of 10

9. RESOLUTION NO. 2024-25 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE RELEASE OF A REQUEST

FOR PROPOSALS (RFP) FOR COMPREHENSIVE BUILDING

PROFESSIONAL SERVICES

10. RESOLUTION NO. 2024-26 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF

THE ASPEN PARK SUBDIVISION FOR THE ANNEXATION OF
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4
ANNEXATION NO. 54 (PUBLIC FACILITIES SERVICES)

11. RESOLUTION NO. 2024-27 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF

THE ASPEN PARK SUBDIVISION FOR THE ANNEXATION OF
TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5
ANNEXATION NO. 23 (POLICE AND FIRE SERVICES)

12. RESOLUTION NO. 2024-28 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ACCEPTING A HOMELAND SECURITY
GRANT FOR $35,000 TO PURCHASE BALLISTIC SHIELDS FOR THE

POLICE DEPARTMENT

13. RESOLUTION NO. 2024-29 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ACCEPTING A GRANT FROM HOMELAND

SECURITY FOR UPGRADING DOOR ENTRY SECURITY AT THE POLICE DEPARTMENT IN THE AMOUNT OF $28,282

14. RESOLUTION NO. 2024-30 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE APPLICATION OF A

GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $76,845.44 FOR OVERTIME REIMBURSEMENT AND SPECIALIZED

EQUIPMENT

ITEMS PULLED FROM THE CONSENT AGENDA

15. RESOLUTION NO. 2024-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING $20,000 TO THE SAN BENITO LEADERSHIP INSTITUTE FOR A 12 MONTH PROGRAM DESIGNED TO BUILD DIVERSE LEADERS IN THE COMMUNITY (Item A7)

Councilmember Burns requested semiannual check-ins to receive a progress report on the program.

Mayor Casey opened public comment at 6:47 p.m.

City Council Monday, March 4, 2024 Page 5 of 10

There were no speakers for this item.

Mayor Casey closed public comment at 6:47 p.m.

Councilmember Morales suggested including information regarding race and equity as part of the Institute curriculum.

Councilmember Morales moved, and Councilmember Perez seconded the motion to adopt Resolution 2024-23. Motion carried 4-1-0 (Councilmember Resendiz opposed).

RESULT: Adopted [4 to 1]
MOTION: Dolores Morales
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES: Resendiz
RECUSED:

ABSTAIN:

ABSENT:

B. PUBLIC HEARINGS

1. RESOLUTION NO. 2024-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING APPEAL 2023-2 AND UPHOLDING

THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 2023-3 TO INSTALL A CNG FUELING FACILITY FOR EXCLUSIVE USE

BY STAR CONCRETE VEHICLES OPERATING ON THE ADJACENT

STAR BATCH PLANT AND MATERIAL SUPPLY FACILITY (SAN BENITO ROCKERY, LOCATED AT 151 HILLCREST ROAD), LOCATED NORTH OF GIBBS ROAD (APN 056-250-063) WITHIN THE M1 LIGHT INDUSTRIAL

ZONING DISTRICT

Senior Planner Magda Gonzalez provided the staff report.

Councilmember Resendiz requested additional information regarding why the February 20, 2024 public hearing was continued.

Mayor Casey opened the public hearing at 7:03 p.m.

Victor Gomez reported Opal Fuels was not available to attend the public hearing on February 20, 2024. Mr. Gomez provided background information regarding the pending application and potential impact of not allowing the applicant to use the easement on the adjacent parcel. A future General Plan amendment could be requested to address the change in zoning code since the initial application. Mr. Gomez stated the CNG facility would not be utilized independent of the operation of the San Benito Rockery.

City Council Monday, March 4, 2024 Page 6 of 10

Mayor Casey closed the public hearing at 7:09 p.m.

Councilmember Resendiz requested clarification related to the zoning for the site.

Acting Development Services Director Eva Kelly provided additional information regarding the current zoning designation of the site and current non-conforming use of the site.

Councilmember Resendiz moved to adopt Resolution 2024-31. Motion failed for lack of a second.

RESULT: Died Due to Lack of Second
MOTION: Resendiz
SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

Councilmember Burns moved, and Councilmember Perez seconded the motion to uphold the appeal of the Planning Commission decision and directed staff to work with applicant to resolve issues to allow the application to move forward. Motion carried 4-1-0 (Councilmember Resendiz opposed).

RESULT: Approved [4 to 1]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES: Resendiz
RECUSED:

ABSTAIN:

ABSENT:

2. ORDINANCE NO. 1247: Council Meeting Start Time

City Attorney Mary Lerner provided the staff report.

Councilmember Morales suggested holding the regular City Council meeting on Tuesday morning at 9:00 a.m. because Monday meetings often need to be moved due to various holidays.

Mayor Casey opened the public hearing at 7:31 p.m.

There were no speakers for this item.

City Council Monday, March 4, 2024 Page 7 of 10

Mayor Casey closed the public hearing at 7:31 p.m.

Councilmember Resendiz opposed moving the time of the regular City Council meetings and suggested the Council submit their questions to staff ahead of the meeting to help shorten the Council meetings.

Mayor Casey supported moving the meetings to Tuesdays at 4:00 p.m.

Councilmember Resendiz stated he has a conflict on Tuesday evenings.

Councilmember Burns moved, and Councilmember Perez seconded the motion to introduce Ordinance 1247 with the change to move the regular City Council meetings to the first and third Tuesdays at 9:00 a.m. Motion carried 4- 1-0 (Councilmember Resendiz opposed).

RESULT: First Reading [4 to 1]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES: Resendiz
RECUSED:

ABSTAIN:

ABSENT:

C. COUNCIL BUSINESS

1. RESOLUTION NO. 2024-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER 2023

GENERAL PLAN PROGRESS REPORT

Acting Development Services Director Eva Kelly provided the staff report.

Mayor Casey opened public comment at 7:41 p.m.

Jeffrey Small representing the San Benito High School District thanked the Council for supporting a second high school in the City.

Mayor Casey closed public comment at 7:42 p.m.

Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2024-32. Motion carried 5-0-0.

City Council Monday, March 4, 2024 Page 8 of 10

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. RECEIVE PRESENTATION ON INSTALLING DOG WASTE STATIONS IN

SUNNYSLOPE VILLAGE ALONG BEVERLY DRIVE AND PROVIDE STAFF

POSSIBLE DIRECTION

Interim Parks & Recreation Director Tina Garza provided the staff report including the proposed locations of the stations and ongoing maintenance costs.

Councilmember Burns suggested installation of stations on Fairview, Hillcrest, and Sunnyslope roads.

Mayor Casey opened public comment at 7:51 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 7:51 p.m.

Councilmember Burns proposed use of his discretionary funds to install the dog waste stations and monitor the receptacles to better understand the level of ongoing maintenance required.

Councilmember Perez and Morales suggested additional stations may be needed throughout the City.

Councilmember Morales left the meeting at 8:00 p.m.

By consensus, the Council directed staff to return with an agenda item to allocate Councilmember Burns's discretionary funds to install six dog waste stations along Beverly Drive as a pilot project with staff returning in a year with data.

3. DISCUSSION AND DIRECTION REGARDING AGENDA REVIEW

PROCESS

City Attorney Mary Lerner provided the staff report.

City Council Monday, March 4, 2024 Page 9 of 10

Mayor Casey opened public comment at 8:04 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:04 p.m.

Councilmember Resendiz opposed the change due to concerns that only the Mayor would be reviewing prior to publication of the agenda.

Councilmember Burns supported another reviewer for the agenda prior to publication.

Mayor Casey stated the Mayor would not have authority to add or change agenda items.

Due to a lack of consensus, the Council took no action.

D. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY

1. ANNUAL REPORT ON THE HOLLISTER SUCCESSOR AGENCY LOW

AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR
2022-23

Housing Program Manager Jamila Saqaa provided the staff report.

Mayor Casey opened public comment at 8:10 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:10 p.m.

Councilmember Perez moved, and Councilmember Burns seconded the motion to accept the annual report. Motion carried 4-0-0 (Councilmember Morales absent).

E. INFORMATIONAL REPORTS

1. COMMITTEE ASSIGNMENTS
Mayor Casey reported her attendance at the following meetings; Hazel Hawkins Memorial Hospital ad hoc committee; Council of Governments strategic planning session; the Economic Development ad hoc committee meeting to discuss parklets in the City; and a meeting of the Community Center Collaboratory to discuss the proposed community center in the City. Mayor Casey also reported her attendance at the ribbon cutting for the new kitchen at the Family Resiliency Center and the ribbon cutting for the new Jamba Juice store.

City Council Monday, March 4, 2024 Page 10 of 10

2. COUNCIL REPORTS
Councilmember Resendiz requested a future agenda item regarding discontinuance of AT&T land lines and requested staff look into maintenance for bumpers on Sally Street and Central Avenue. Councilmember Resendiz thanked Public Works Department staff for their work during recent storms.

Councilmember Burns supported the City sending a letter opposing discontinuance of AT&T land lines and requested clarity regarding whether will hold a motorcycle rally this year.

Councilmember Perez announced March is Women's History Month, and March 8 is International Women's Day and requested a proclamation for both. Councilmember Perez requested use of $8,500 from his discretionary funds to support participants at Bulldog Boxing attending a tournament. Councilmember Perez requested a process be created for non-profits to request funds as part of the annual budget process.

By consensus, the Council directed staff to send a letter opposing discontinuance of AT&T land lines; allocated $8,500 from Councilmember Perez's discretionary funds to Bulldog Boxing; requested staff include a Council proclamation recognizing Women's History Month and International Women's Day on the next Council agenda.

3. CITY MANAGER REPORT
City Clerk Jennifer Woodworth stated the American Legion Auxiliary has requested a proclamation for National Poppy Month in May. By Council consensus, staff was directed to place the requested proclamation on a future City Council agenda.

4. INFORMATIONAL MEMORANDA

1. 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.

ADJOURNMENT
Councilmember Burns moved, and Councilmember Perez seconded the motion to adjourn the meeting at 8:28 p.m. Motion carried 4-0-0 (Councilmember Morales absent).

Respectfully submitted,

Jennifer Woodworth, MMC
City Clerk

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 14, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: RATIFY APPOINTMENTS TO FILL THE VACANCIES FOR THE

ARTS & CULTURE COMMITTEE, PARKS AND RECREATION COMMISSION, AND

PLANNING COMMISSION

BRIEF DESCRIPTION: The Arts & Culture Committee, Parks and Recreation Commission, and Planning Commission currently have vacancies for the seats appointed by District 2. The City Council must ratify appointments to the commissions.

RECOMMENDATION: Ratify appointments for the District 2 positions for the Arts & Culture Committee, Parks and Recreation Commission, and Planning Commission.

DEPARTMENT SUMMARY: The Arts & Culture Committee, Parks and Recreation Commission, and Planning Commission currently have vacancies for the seats appointed by District 2. The City Council must ratify appointments to the commissions.

The City Clerk received an application for each of the vacancies. The appointment of Maricruz Ordaz Diaz for the Arts & Cultural Commission, Carlos Garcia Medrano for the Parks & Recreation Commission, and Bella Rosales Castillo for the Planning Commission to fill the District 2 seat are based on the recommendations by the member of the City Council whose appointed seats are vacant. If the appointments are ratified, the Planning Commission will be at capacity.

The recruitment will remain open for vacancies on all other Hollister boards and commissions.

FINANCIAL IMPACT: N/A

CEQA: N/A

ATTACHMENTS:

1. Arts & Culture Commission_ Maricruz Ordaz de Diaz_D2_Redacted

2. Parks & Recreation Commission_ Carlos Garcia Medrano_D2_Redacted

3. Planning Commission_ Bella Rosales_D2_Redacted

4. Planning Commission Application Attachment_Bella Rosales

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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Planning Commission Application Attachment
Please attach this statement to my application:
“After attending dozens of City Council meetings,I’ve become increasingly interested in the process by which a city grows and changes.During this time,I’ve realized that there are ways in which I can become involved in this process,and can contribute to the vision of the future that we can create for this city -a future where the voices of the residents shape the structure of the city they live in.” Bella Rosales
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 11, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: RESOLUTION NO. 2024-33, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER ADOPTING BID PROTEST PROCEDURES

BRIEF DESCRIPTION: Adoption this resolution will establish bid protest procedures in which bidders may file a protest and disputes may be resolved.

RECOMMENDATION: Adopt a resolution approving bid protest procedures to establish how bidders file a protest and disputes may be resolved.

DEPARTMENT SUMMARY: A bid protest is a challenge to a contract awarded to a bidder by an unsuccessful bidder. The California Public Contract Code allows an unsuccessful, participating bidder in a state contract solicitation to file a written protest of the contract award on the grounds that the protesting bidder was the lowest bidder or other grounds relevant to the contract solicitation. (See, e.g., Great West Contractors, Inc. v. Irvine Unif. Sch. Dist. (2010) 187 Cal.App.4th 1425, 1428, fn 1.)

Currently, the City lacks a formal process for processing bid protests. Staff recommends adopting the proposed bid protest procedures, which will formalize existing procedures and add clarity to the procedures.

The draft bid protest procedures establish rules for bid protest submission deadlines and content, bid protest fees, notification, and response to protest. The proposed process is:

1. Any bid protest must be in writing and received by the City by personal delivery, registered mail, or other reliable delivery service providing a receipt showing delivery to the City before 5:00 p.m. no later than the bid protest deadline, which is three business days following the bid opening. Only a bidder who submitted a bid proposal is eligible to submit a bid protest. Subcontractors are not eligible to submit a bid protest. Each bidder must timely pursue his or her own protest.

2. The protesting bidder must submit a $2,500 deposit with their bid protest. The City’s reasonable costs to administer the bid protest will be deducted from the deposit. In the event the costs of the protest are less than the amount deposited, the balance will be returned to the protesting bidder. In the event the costs of the bid protest are more than the amount deposited, the City will invoice the protesting bidder for the balance. If the protesting bidder prevails in their protest, the City will return all monies paid by the protesting bidder to the City for administration of the bid protest.

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3. The bid protest must be in writing and contain a complete statement of the basis for the protest and all supporting documentation. The bid protest must include all of the information specified in the bid protest procedures. Materials submitted after the bid protest deadline will not be considered.

4. A copy of the protest and all supporting documents must be transmitted to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome by or before the bid protest deadline.

5. The protested bidder may submit a written response to the bid protest to the City no later than two working days after the bid protest deadline or after confirmed receipt of the bid protest, whichever is sooner. The bid protest must include all of the information specified in the bid protest procedures. Materials submitted after the response deadline will not be considered.

6. A copy of the response and all supporting documents must be transmitted to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome by or before the bid protest deadline.

7. The procedure and time limits set forth in the Bid Protest Procedures are the mandatory, sole, and exclusive remedy in the event of a bid protest. Failure to comply with the procedures constitutes a waiver of any right to pursue further protest.

8. The City Council reserves the right to award a contract at its discretion to the responsible bidder submitting the lowest responsive bid.

9. The procedures shall not limit the City’s authority to reject all bids.

FINANCIAL IMPACT: There is no fiscal impact.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2024-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING

BID PROTEST PROCEDURES

WHEREAS, City of Hollister (“City”) from time to time is required to competitively bid projects;

WHEREAS, bidders occasionally dispute and protest contract awards;

WHEREAS, the City desires to implement a bid protest procedure in which bidders may file a protest and disputes may be resolved;

WHEREAS, the City of Hollister desires the bid protest procedures to be followed unless the subject construction or other bid documents expressly state otherwise.

NOW THEREFORE, the City Council of the City of Hollister does hereby adopt the following Bid Protest Procedures:

City of Hollister

Bid Protest Procedure

The following constitutes the City’s Bid Protest Procedures. Any protest must comply with the following requirements to be considered:

1. Protest Submission. Any bid protest must be made in writing and received by the City by personal delivery, registered mail, or other reliable delivery service providing a receipt showing delivery to the City, addressed to "City of Hollister Public Works Department, Bid Protest, 339 Fifth Street, Hollister, CA 95023" before 5:00 p.m. no later than three business days following the bid opening (the "Bid Protest Deadline"). A courtesy copy may be sent by email to the Project Manager identified in the Notice Inviting Bids however any protest not received by personal delivery, registered mail, or other reliable delivery service as described above will not be considered an official bid protest. Only a bidder who has submitted a Bid Proposal is eligible to submit a bid protest against the City’s decision to accept or reject the bid of the apparent lowest responsive and responsible bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

2. Protest Fee. The protesting bidder must submit along with their protest a $2,500 deposit to pay for the City's reasonable costs to administer the bid protest. The City’s reasonable costs to administer the bid protest shall be billed against the deposit. In the event the costs of the protest are less than the amount deposited, the balance shall be returned to the protesting bidder.

In the event the costs of the protest are higher than the deposit, the City shall send the protesting bidder an invoice for the balance. In the event the protesting bidder prevails in their protest, all monies paid by the protesting C.3
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bidder under this section shall be returned by the City. By submitting a protest, the protesting bidder agrees to this fee provision.

3. Protest Contents. The bid protest must be in writing and contain a complete statement of the basis for the protest and all supporting documentation. Materials submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Bid Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder. Any protest shall address one or more of the following:
a. That a bidder is or is not the low bidder;
b. That a bidder did or did not submit a responsive bid; or c. That a bidder is or is not a responsible bidder.

Further, the bid protest must contain the following:

(1) Identification of the specific Code or other statutory or regulatory provision(s) that the bidder or department is alleged to have violated;

(2) Description of each act alleged to have violated the statutory or regulatory provision(s) identified above;

(3) A precise statement of the relevant facts that includes dates, timelines, and involved parties, and all supporting documents.

Supporting documentation not submitted at the time of submission of the written protest may not be considered;

(4) An identification of the issue(s) that need to be resolved that support the protest;

(5) A statement of the form of relief requested; and

(6) A signed statement by an authorized representative that the protest is submitted under penalty of perjury under the laws of the State of California.

4. Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax, email, or overnight delivery by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

5. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is transmitted by fax, email, or overnight delivery and received by the City before 5:00 p.m., within two working days after the Bid Protest Deadline or after confirmed receipt of the bid protest, whichever is sooner (the "Response Deadline"). The response must contain all supporting documentation. Material submitted after the Response Deadline C.3
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will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

6. Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax, email, or overnight delivery by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

7. Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder's sole and exclusive remedy in the event of bid protest. A bidder's failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

8. Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

9. Reject All Bids. These bid protest procedures shall not limit the City’s authority to reject all bids. Rejecting all bids or proposals shall render a protest moot and terminate all protest proceedings.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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. 2024-33, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 14, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

SPONSOR(S): Resendiz

TITLE OF ITEM: RESOLUTION NO. 2024-34, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING VICE MAYOR RESENDIZ TO USE UP TO $1,500 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY

FUNDS TO PROVIDE FINANCIAL SUPPORT TO SNIP BUS FOR RABIES AND

FVRCP VACCINATION TREATMENT FOR FERAL CATS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 WITH SNIP BUS

BRIEF DESCRIPTION: A resolution of the City Council of Hollister authorizing Vice Mayor Resendiz to use up to $1,500 of FY 23/24 City Council budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats.

RECOMMENDATION: Adopt a resolution authorizing Vice Mayor Resendiz to use up to $1,500 of FY 23/24 City Council budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats, and authorize the City Manager to execute a contract Amendment No. 1 between the City of Hollister and SNIP Bus.

DEPARTMENT SUMMARY: In June 2023, City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well -being of its residents.

To help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-C of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

This resolution will approve Vice Mayor Resendiz to use up to $1,500 of FY 23/24 City Council budgeted discretionary funds to provide financial support to SNIP Bus. The funds would provide rabies and FVRCP vaccination treatment toward feral cats being spayed and neutered for clinic services completed by June 30, 2024. This item would also authorize the City Manager to execute contract Amendment No. 1 between the City of Hollister and SNIP Bus for these services.

FINANCIAL IMPACT: Not to exceed $1,500 –
FY 23/24 – 101-1105-730008 – Discretionary Funds – District 2 and transfer funds to C.4
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Hollister Police Department Animal Control Care Services – 101-2025-730000

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2024-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING VICE MAYOR RESENDIZ TO USE UP TO $1,500 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS TO PROVIDE FINANCIAL

SUPPORT TO SNIP BUS FOR RABIES AND FVRCP VACCINATION TREATMENT

FOR FERAL CATS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 WITH SNIP BUS

WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and

WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and

WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council at a public City Council meeting; and

WHEREAS, Vice Mayor Resendiz requests City Council approval to use up to $1,500 of FY 23/24 budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats for clinics completed on or before June 30, 2024; and

WHERAS, FY 23/24 Discretionary Fund – District 2 – 101-1105-730008 funds will be transferred to FY 23/24 – Hollister Police Department Animal Control Care Services budget 101-2025-730000 Professional Services; and

WHEREAS, authorize the City Manager to execute contract Amendment No. 1 between the City of Hollister and SNIP Bus for these services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Vice Mayor Resendiz to use City Council budgeted discretionary funds to provide financial support to SNIP Bus for rabies and FVRCP vaccination treatment for feral cats being spayed and neutered for services completed on or before June 30, 2024 and authorize the City Manager to execute a contract Amendment No. 1 between the City of Hollister and SNIP Bus for services – not to exceed $1,500 FY 23/24 – 101- 1105-730008 – Discretionary Funds – District 2.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

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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. 2024-34, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 15, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

SPONSOR(S): Casey

TITLE OF ITEM: RESOLUTION NO. 2024-38, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING MAYOR CASEY TO USE UP TO $11,550 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS

TO SECURE A CONSULTANT TO DEVELOP AND FACILITATE A FISCAL YEAR 2024-25 CITY COUNCIL GOAL SETTING MEETING AND AUTHORIZING THE CITY

MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT BETWEEN THE CITY OF HOLLISTER AND SHAWN SPANO FOR THESE SERVICES.

BRIEF DESCRIPTION: At the February 20, 2024 City Council meeting, Mayor Casey requested a future meeting for the City Council to discuss goal setting for the next fiscal year. Mayor Casey requested the goal setting workshop be facilitated by an outside facilitator with the funds coming from her discretionary funds.

RECOMMENDATION: Adopt a resolution authorizing Mayor Casey to use up to $11,550 of FY 23/24 budgeted discretionary funds to secure a consultant to develop and facilitate a Fiscal Year 2024 -25 City Council Goal Setting Meeting; and authorize the City Manager to execute a contract between the City of Hollister and Shawn Spano PhD for these services.

DEPARTMENT SUMMARY: At the February 20, 2024 City Council meeting, Mayor Casey requested a future agenda item for the City Council to discuss scheduling a City Council Goal Setting workshop in an effort to inform the Fiscal Year 2024 -25 budget development process. Mayor Casey requested the goal setting workshop be facilitated by an outside facilitator with the funds coming from her discretionary funds.

Staff identified Shawn Spano, PhD to serve as the facilitator if approved by City Council.

Dr. Spano is a Communication Consultant and founding member of the Public Dialogue Consortium, www.publicdialogue.org , a non-profit group devoted to improving the quality of communication in public organizations and local communities. He has over 25 years of experience working with local city government and non-profit organizations, including multi-year projects with 10 different municipalities. Dr. Spano is a specialist in designing and facilitating strategic-planning sessions, stakeholder meetings, teambuilding events, training workshops, public forums, and off -site meetings with elected officials, Board members, executive staff, middle managers, commissions and boards, and local residents.

In addition to his consulting practice, Dr. Spano is an Emeritus Faculty member at San José State University, having recently retired from the Communication Studies C.5
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Department. He taught courses and conducted research in organizational communication, small group communication, and public dialogue. He was selected “SJSU Outstanding Professor” in 2000, and published numerous articles and chapters, including the book, Public Dialogue and Participatory Democracy: The Cupertino Community Project (Hampton Press, 2001).

His client list includes the City of San José, City of Cupertino, City of Mountain View, City of Sunnyvale, City of Santa Clara, City of Milpitas, City of Fremont, City of Livermore, Town of Los Gatos, City of Menlo Park, City of San Carlos, City of Campbell, City of Los Altos, City of Morgan Hill, City of Monte Sereno, City of San Ramon, City of Albany, City of Santa Cruz, City of Manhattan Beach, City of Pismo Beach, City of Tracy, San Bruno Community Foundation, Apple Computer, e -Bay, Yahoo!, Network Applications, Printroom, International Coaching Federation, Joint Venture: Silicon Valley Network, Santa Clara County Registrar of Voters, and Silicon Valley Commonwealth Club.

Dr. Spano has proposed the following process plan for the 2024 -25 Goal Setting Project.

• Workshop Purpose
o Identify Council’s strategic goals and objectives for 2024-25.

• Process Principles
o Goal setting should be a collaborative effort involving Council and staff, with Council leading the way in identifying the goals and staff providing operational information on what is administratively feasible. o The workshop should be a priority for all participants - Council and staff should devote adequate time and preparation to achieve a meaningful outcome, and all participants should be present and engaged at the in - person workshop.
o The goals and objectives that are identified should reflect Council’s best judgment about the current issues, needs, and interests that are of strategic importance to the quality of life in Hollister. o The goals and objectives that are identified should be differentiated from the day-to-day services that the City provides. They are unique because they address immediate issues that need special attention and resources.

• Process Steps
o Pre-interviews: The consultant will conduct one-on-one interviews with each Council member to elicit their initial input on the strategic goals they would like to be considered at the workshop. There is also an option for the consultant to conduct pre-interviews with the Department Directors. o Workshop design: The consultant will work with the City Manager in using the interview results to develop the workshop agenda and format. o Prepare Council: Workshop materials will be provided to Council in advance to ensure adequate time to prepare, ask questions, and receive information.
o Conduct workshop: The consultant will facilitate the workshop, ensuring C.5
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that the Council ends the session with a list of strategic goals. Staff will also participate, providing background information and resources as needed.
o Implementation: Staff will develop work plans for the goals and objectives that will document how they will be implemented.

It should be noted that there are two options that are available which are outlined below.

One option includes interviews with each member of the City Council and each of the City Department Heads and the other option includes interviews with only the members of the City Council. Mayor Casey has requested Option A.

Option A (with Department Director interviews)
• Process Approach
o Develop Document
• City Council Interviews and Summary Development
• Department Director Interviews and Summary Development • City Council Workshop and Summary Development
o Planning meetings
o Workshop Facilitation and Set Up
o Develop Summary Notes and Debrief

Estimated Cost for Option A
35 hours @ $300 = $10,500
10% Contingency = $720
Total = $11,550

Option B (City Council interviews only)
• Process Approach
o Develop Document

• City Council Interviews and Summary Development
• City Council Workshop and Summary Development
o Planning meetings
o Develop Materials
o Workshop Facilitation and Set Up
o Develop Summary Notes and Debrief

Estimated Cost for Option B
24 hours @ $300 = $7,200
10% Contingency = $720
Total = $7,920

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RESOLUTION NO. 2024-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING MAYOR CASEY TO USE UP TO $11,550 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS TO SECURE A CONSULTANT TO DEVELOP AND FACILITATE A FISCAL YEAR 2024-25 CITY COUNCIL GOAL

SETTING MEETING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE A CONTRACT BETWEEN THE CITY OF HOLLISTER AND SHAWN SPANO FOR THESE SERVICES.

WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and

WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and

WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council means a majority vote of the City Council at a public City Council meeting; and

WHEREAS, Mayor Casey requests City Council approval to use up to $11,550 of FY 23/24 budgeted discretionary funds to secure a consultant to develop and facilitate a Fiscal Year 2024-25 City Council Goal Setting Meeting; and

WHEREAS, the City Council authorizes the City Manager to negotiate and execute a contract between the City of Hollister and Shawn Spano for these services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Mayor Casey to use City Council budgeted discretionary funds to secure a consultant to develop and facilitate a Fiscal Year 2024 -25 City Council Goal Setting Meeting - not to exceed $11,550 FY 23/24 - 101-1105-73000x - Discretionary Funds - Mayor.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

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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. 2024-38, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: February 23, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief

TITLE OF ITEM: RESOLUTION NO. 2024-35, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER ACCEPTING A GRANT FROM HOMELAND SECURITY FOR ADDITIONAL ALPR CAMERAS IN THE AMOUNT OF $48,000

BRIEF DESCRIPTION: This resolution would accept a Homeland Security Grant for Automated License Plate Reading (ALPR) cameras in the amount of $48,000.

RECOMMENDATION: Adopt resolution accepting the Homeland Security Grant for ALPR cameras.

DEPARTMENT SUMMARY: The Hollister Police Department has used Automated License Plate Reading (ALPR) cameras for over ten years. The system has been used in a system installed on a patrol car and on stationary cameras at some intersections.

Most recently, the city council approved a new project from FLOCK Safety, Inc. which installed several ALPR cameras around the west side of the city.

The ALPR cameras have proven very useful in several investigations. Staff would like to continue to expand the ALPR camera network in our city as a very effective crime investigation and crime deterrent tool.

Over the last several years, staff has requested grants to further expand the ALPR system in our city. Staff requested funding from a Homeland Security Grant managed through the San Benito County Office of Emergency Services. Recently, after several delays at the federal level, the Office of Emergency Services advised two separate grants previously requested had been approved and were ready for distribution.

One grant in the amount of $8,000 (HSGP 22-005) and another grant in the amount of $48,000 (HSGP23-003) were approved for use to install ALPR capable cameras in our city.

Staff request City Council accept the two grants for a total amount of $48,000 for the purchase and installation of ALPR capable cameras.

If approved, payment for the system will come directly from the San Benito County Office of Emergency Services.

FINANCIAL IMPACT: $0 to the general fund. Purchase of ALPR Cameras and installation to be paid by the grant in the amount of $48,000.

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CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2024-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING A GRANT FROM HOMELAND SECURITY FOR ADDITIONAL ALPR CAMERAS IN THE AMOUNT OF $48,000

WHEREAS, the Hollister Police Department has been successfully using Automated License Plate Reading (ALPR) camera technology for several years; and

WHEREAS, the ALPR technology has been very useful and can provide valuable information that would otherwise not be available during a crime investigation; and

WHEREAS, staff applied for a Homeland Security Grant in 2022 and early 2023 for the installation of ALPR-capable cameras; and

WHEREAS, after long delays, staff has been advised the grants for the cameras in the amount of $8,000 and $40,000 for the installation of the system have been recently awarded to the Hollister Police Department.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts a grant from Homeland Security for additional ALPR cameras in the amount of $48,000.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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. 2024-35, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: February 14, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief

TITLE OF ITEM: RESOLUTION NO. 2024-36, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN AGREEMENT

BETWEEN THE CITY OF HOLLISTER ANIMAL SHELTER AND THE REGENTS OF

THE UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS DAVIS CAMPUS SCHOOL

OF VETERINARY MEDICINE ON BEHALF OF ITS KORET SHELTER MEDICINE

PROGRAM

BRIEF DESCRIPTION: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $59,100. The funds of $59,100 must be expended to increase the Hollister Animal Shelter intake prevention services.

The Hollister Animal Shelter will also reduce/waive adoption fees and enhance their foster program.

RECOMMENDATION: Adopt a resolution accepting a $59,100 grant from Koret Shelter Medicine Program.

DISCUSSION: Koret Shelter Medicine Program will provide grant funding to the Hollister Animal Shelter in a one-time payment of $59,100. This grant is similar to the Koret Shelter Medicine Program grant awarded to Hollister Animal Care and Services in 2023.

The funds of $59,100 must be expended to increase the Hollister Animal Shelter intake prevention services by offering spay/neuter vouchers, dog training support, a pet food pantry, tags & collars, pet supplies, and by having an emergency veterinary care fund.

The Hollister Animal Shelter will also reduce/waive adoption fees and enhance their foster program.

The Hollister Animal Shelter will provide historical data from 2019 to 2023, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program and within the scope of state and federal law. Koret Shelter Medicine Program will support the shelter to comply with data requirements that are within the scope of state and federal law. Work will be completed during the contract period of January 1, 2024, through December 31, 2025.

Accepting the grant will not require any changes in operations or policy at the Hollister Animal Shelter from current practices and only data reporting requirements and increase intake in prevention services are part of the agreement.

FINANCIAL IMPACT: Increase in funding for the shelter of $59,100 C.7
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CEQA: N/A

ATTACHMENTS:

1. UCDPO00005576 Hollister Animal Shelter Contract PEK - signed

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2024-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF HOLLISTER ANIMAL

SHELTER AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF

OF ITS DAVIS CAMPUS SCHOOL OF VETERINARY MEDICINE ON BEHALF OF ITS

KORET SHELTER MEDICINE PROGRAM

WHEREAS, the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program has offered a $59,100 grant to support the organizations increase in intake prevention services; and

WHEREAS, the Hollister Animal Shelter will utilize the funds received to provide spay/neuter vouchers, dog training support, pet food pantry, tags & collars, pet supplies, and by having an emergency veterinary care fund; and

WHEREAS, the Hollister Animal Shelter will be required upon completion of the programs to provide data from 2019 to 2023, and annual data through 2026 , within the scope of state and federal law; and

WHEREAS, the City of Hollister and Hollister Animal Shelter will mutually benefit from the agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize an agreement between the City Hollister and the Regents of the University of California on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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. 2024-36, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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UC Davis Agreement # UCDPO00005576

SHELTER SERVICES AGREEMENT
(Hollister Animal Shelter)

THIS SHELTER SERVICES AGREEMENT (“Agreement”) is made and entered into as of the date last signed below by and between THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (“University”) on behalf of its Davis Campus School of Veterinary Medicine on behalf of its Koret Shelter Medicine Program (“Facility”) and HOLLISTER ANIMAL SHELTER (“Shelter”) in connection with the California for All Animals statewide animal shelter assistance program (“Program”).

The parties agree as follows:

1. Shelter Services. Shelter shall adhere to the scope of work described in “Exhibit A”, attached hereto and by this reference made a part hereof (collectively the “Services”). University shall reimburse Shelter for costs (“Expenses”) pursuant to Section 2 below and as outlined in Exhibit A. “Deliverables” shall consist of report(s) and photographs, as applicable, as more fully described in Exhibit A. Additional work shall be performed only if authorized in advance by written amendment to this Agreement executed by both parties. To the extent that any provision of Exhibit A is inconsistent with this Agreement, this Agreement shall take precedence.

2. Payment by University. In consideration of Shelter’s Expenses as described in Exhibit A, Facility shall pay Shelter an amount not to exceed $59,100 upon invoice from Shelter and final signature of this Agreement. Payment questions should be addressed to Nancy Bei at telephone number (530) 754-9183 or at e-mail address [email protected].

3. Term. Services shall be rendered from January 1, 2024 through December 31, 2025.

4. Endorsement Disclaimer. Nothing in this agreement shall be interpreted to indicate, imply, or otherwise suggest (i) that University supports, endorses, favors, or advances, any product or service offered, connected, or affiliated with Shelter; or (ii) that University endorses, favors, supports, or opposes, any proposal, measure, program of action, campaign, or public appeal that is advocated, promoted, advanced, or opposed by any other person or entity with respect to the subject matter presented by Shelter.

5. Amendment. This Agreement may be amended at any time by amendment in writing and signed by the parties, and no other change in any term or condition shall be valid or binding unless made by amendment.

6. Mutual Indemnification. The parties agree to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys' fees, or claims for injury or damages arising from the performance of this agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnifying party, its officers, agents, students, or employees.

UCD #_UCDPO00005576
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7. Insurance. The parties at their own respective costs shall carry sufficient insurance, or programs of self-insurance (general liability, workers’ compensation, and auto liability), adequate to cover any claims arising from their respective activities under this Agreement.

8. Force Majeure. Neither party shall be liable for damages suffered by the other party because of University’s or Shelter’s failure to perform if failure is due to any cause beyond that party’s control.

9. Relationship of the Parties. The parties to this Agreement shall be and remain at all times independent contractors, neither being the employee, agent, or representative of the other in their relationship under this Agreement.

10. Use of University’s Name. Shelter shall not use the name or mark of University in any form or manner in advertisements, reports, or other information released to the public without the prior written approval of University.

11. Contract Compliance. As applicable, if this Agreement is funded wholly or in part with by a grant or contract from an agency of any state or federal government, Shelter shall comply with all terms and conditions applicable to recipients of such funds and their contractors.

12. Notice. Any notice, request, or inquiry regarding the provisions of this Agreement, its termination, or similar matters shall be directed to the appropriate party at the following address:

UNIVERSITY (regarding contracts) SHELTER (regarding contracts) Steven Kobayashi Alyssa Bautista
Business & Revenue Contracts Animal Care and Services Supervisor University of California, Davis Hollister Animal Shelter One Shields Ave. 1331 South St,
Davis, CA 95616 Hollister, CA 95023
E-mail: [email protected] E-mail: [email protected]

UNIVERSITY (regarding project)
Karol Tapias
School of Veterinary Medicine
University of California, Davis
One Shields Ave.

Davis, CA 95616
E-mail: [email protected]

13. University's Right to Use Data. University shall have the unrestricted right to use for its own purposes, including publication, any data or information which may be developed, provided by or arising in connection with the performance of this Agreement.

14. Governing Law. This Agreement shall be construed pursuant to California law.

UCD # UCDP_O00005576

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15. Federal Exclusion Warranty. Shelter warrants that it is not excluded from participation in any governmental sponsored program, including, without limitation, the Medicare, Medicaid, or Champus programs ( http://exclusions.oig.hhs.gov/search.html) and the Federal Procurement and Nonprocurement Programs ( https://www.sam.gov/index.html/##11#1) . This agreement shall be subject to immediate termination in the event that Shelter is excluded from participation in any federal healthcare or procurement program.

16. Audit Requirements. The Agreement, and any pertinent records involving activities related to the services provided pursuant to the terms and conditions of this Agreement, shall be subject to the examination and audit of the California State Auditor and any other duly authorized agents of the State of California for a period of three (3) years after the date of final payment hereunder.

Shelter hereby agrees to make all such records available during normal business hours to inspection, audit and reproduction by University and any duly authorized local, state and/or federal agencies. Any and all examinations and audits conducted hereunder shall be strictly confined to those matters connected with the performance of this Agreement, including, without limitation, the costs associated with the administration of this Agreement.

17. Termination. University may terminate this Agreement at any time by giving Shelter thirty (30) calendar days’ written notice of such action. If this Agreement is terminated, Shelter shall retain any funds expended or committed for the purposes of this Agreement and will return any unexpended funds.

18. Entire Agreement. This Agreement constitutes the entire understanding of the parties respecting the subject matter hereof and supersedes any prior understanding or agreement between them, written or oral, regarding the same subject matter.

AGREED:

CITY OF HOLLISTER THE REGENTS OF THE

UNIVERSITY OF CALIFORNIA

By:_________________________
(authorized signature)
Print name: David Mirrione
Title: City Manager

By:

Digitally signed by Steven Kobayashi
DN: cn=Steven Kobayashi, o=Regents of the University
of California, ou=Procurement & Contracting Services,
[email protected], c=US
Date: 2024.02.06 10:43:36 -08'00'

Steven Kobayashi, Associate Director Business & Revenue Contracts UC Davis

Date: Date: February 6, 2024

UCD # UCDP_O00005576

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Steven Kobayashi
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Exhibit A

Scope of Work

1. Purpose of the work: Hollister Animal Shelter will increase their intake prevention services by offering spay/neuter vouchers, dog training support, a pet food pantry, tags & collars, pet supplies, and by having an emergency veterinary care fund. Hollister Animal Shelter will also reduce/waive adoption fees and enhance their foster program.

2. Roles and responsibilities of each party: Hollister Animal Shelter will provide historical data from 2019 to 2023, and annual data through 2026 to UC Davis Koret Shelter Medicine Program in support of the California for All Animals (CA4AA) program.

KSMP will support the shelter to comply with data requirements. No University equipment will be used.

3. Dates and times will the work be completed: Work will be completed during the contract period of January 1, 2024 through December 31, 2025.

4. Location where work will be performed: 1331 South St, Hollister, CA 95023

5. Required deliverables: One final report will be required upon completion of the program. Additional touch points during the grant will be discussed with project officer.

6. Project milestones: Program pilot to be completed by December 31, 2025.

7. Total cost of the services: Total of services not to exceed $59,100. No construction costs will be funded through this grant.

UCD #_UCDPO00005576
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Items:

Foster support materials $500
Spay/Neuter vouchers $15,000
Dog training support $15,000
Emergency veterinary fund $15,000
Updated adoption applications $100
Adopter support materials $500
Pet supplies $3,000
Pet food pantry $5,000
Dog tags & collars $5,000

Total expenses: $59,100

8. Payment schedule: Payment will be upon execution of the agreement.

9. Anticipated additional work: Additional work is not anticipated at this time.

UCD # UCDP_O00005576

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 4, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Rodney Dover, Interim Fire Chief

SPONSOR(S): Perez

TITLE OF ITEM: RESOLUTION NO. 2024-37, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER DECLARING THE CONDITION OF

CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE AND ORDERING

THE ABATEMENT OF WEEDS THEREON, AND NOTICING A HEARING FOR THE

RECEIPT OF OBJECTIONS TO THE PROPOSED ABATEMENT

BRIEF DESCRIPTION: This resolution starts the legal process for the 2024 Weed Abatement Program declaring the condition of certain properties to constitute a public nuisance due to the existence of weeds and noticing a hearing for the receipt of objections by property owners to the proposed abatement by the City.

RECOMMENDATION: Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.

DEPARTMENT SUMMARY: The City of Hollister operates a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. The City of Hollister Municipal Code 2.10.050 authorizes Hollister Fire to cause the removal of uncultivated weeds and shrubs. The City of Hollister Municipal code 2.10.060 authorizes the Hollister Fire Department to enforce the removal of noxious weeds for the prevention of fire or for the protection of life and property against fire. Government code Sections 39560 et seq. authorizes this Resolution to declare certain properties to constitute a public nuisance, orders their abatement by May 1, 2024 Government code Sections 39567 et seq. sets a public hearing for May 6, 2024, and orders notice of the hearing to be sent to affected property owners. Unless the owners abate the weeds prior to the City’s deadline, the City will perform the abatement work and charge the costs as liens filed against the property on which abatement is performed.

FINANCIAL IMPACT: Estimated costs $10,000 (to be recovered from property owners)

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

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David Mirrione, City Manager

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RESOLUTION NO. 2024-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

DECLARING THE CONDITION OF CERTAIN PROPERTIES TO CONSTITUTE A

PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF WEEDS THEREON,

AND NOTICING A HEARING FOR THE RECEIPT OF OBJECTIONS TO THE

PROPOSED ABATEMENT

WHEREAS, the City of Hollister Municipal Code 2.10.050 authorizes Hollister Fire to cause the removal of uncultivated weeds and shrubs; and

WHEREAS, the City of Hollister Municipal Code 2.10.060 authorizes the Hollister Fire Department to enforce the removal of noxious weeds for the prevention of fire or for the protection of life and property against fire; and

WHEREAS, Government Code Sections 39560 et seq. authorizes the City Council to declare properties in the City to be public nuisances and to abate said public nuisances by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and

WHEREAS, the City of Hollister is authorized by state and local law to charge the costs of abatement to the property owner as a lien against the subjected property.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Any properties within City limits found to be in neglect are hereby declared to be public nuisances by virtue of the existence of noxious and dangerous weeds and rubbish thereon, which constitute a fire hazard, and will continue to constitute, ongoing, seasonal and recurrent public nuisances.

2. All rubbish, refuse and dirt of a flammable nature on or adjacent to said properties, and all weeds near property lines, fences lines, and sidewalks must be maintained at all times, as the same are defined in Government Code Section 39561.5, on or adjacent to said properties, unless abated by the owners thereof on or by May 1, 2024, shall be removed and abated by the City in the manner provided for by Government Code Sections 39560, et seq., and the costs thereof shall be assessed as a lien against the property and made a personal obligation of the property owner.

3. The City Council shall hear any objections to the proposed abatement of said public nuisances at the Public Hearing on Monday, May 6, 2024 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Hollister, City Hall, 375 Fifth Street, Hollister, California.

4. The City Clerk of the City of Hollister is hereby directed to cause the notice of the adoption of this Resolution and notice of the time and place when objections to the proposed abatement of said public nuisances will be heard, to be given in the manner and form provided for in Section 39567 of the Government Code of the State of California.

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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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. 2024-37, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: February 19, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: ORDINANCE NO. 1248 AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF HOLLISTER APPROVING THE THIRD AMENDMENT TO THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HOLLISTER AND

THE DEVELOPMENT KNOWN AS WEST FAIRVIEW FOR THE PARTIAL

ASSIGNMENT OF THE DEVELOPMENT AGREEMENT TO EDEN

HOUSING/MIMOSA STREET INVESTORS, LP

BRIEF DESCRIPTION: The Applicant, Eden Housing/Mimosa Street Investors LP has submitted an application for an amendment to the Development Agreement between the City of Hollister and Award Homes for the partial assignment of the executed Development Agreement to Eden Housing/Mimosa Street Investors, LP for a 100 percent affordable project located at the corner of Avenida Chavez and Mimosa Street (APN 057-860-046)

RECOMMENDATION: Hold a public hearing and introduce an Ordinance amending the Development Agreement and allowing a partial assignment to Eden Housing/Mimosa Street Investors, LP.

DEPARTMENT SUMMARY:

Eden Housing/Mimosa Street Investors, LP previously received Site & Architectural Review approval (S&A 2022-16) from the Planning Commission for the construction of 100 affordable multi-family dwelling units on a 4.607-acre parcel located at the corner of Avenida Cesar Chavez and Mimosa Street in the West of Fairview Specific Plan Area (Planning Commission Resolutions No. 2023-8 and 2023-9). The parcel has a General Plan Land Use Designation of Medium Density Residential and is located in the West of Fairview (RWF) Zoning District.

After the project was approved, the Applicant submitted a request for an amendment to the West Fairview Development Agreement between the City and Award Homes.

BACKGROUND:

The proposed project site is located within the West of Fairview Specific Plan Area. The West of Fairview (WOF) Specific Plan designated the proposed project site for 100 affordable multi-family housing. The following summarizes the history of the project site within the WOF Specific Plan Area.

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• 1989 – San Benito County receives applications for major subdivisions including for land within Hollister’s Sphere of Influence which included the West of Fairview Road area.

• February 1990 – It was determined that a Specific Plan for the 300 -acre West of Fairview Road area would be required with the County as the Lead Agency (the application for development was originally filed with the County).

• Fall of 1992 – The City becomes the Lead Agency for the West of Fairview Specific Plan because 1/3 of the project area was annexed by the City.

• February 17 and March 16, 1998 – The City of Hollister approved the West of Fairview Specific Plan, amendments to the Zoning Ordinance related to zoning of the properties within the Specific Plan Area and certified an Environmental Impact Report related to the Specific Plan and development of the Plan Area.

• October 10, 2000 – The City Council entered into a Development Agreement with Award Homes related to the construction of the Award Homes portion of the West of Fairview Specific Plan Area.

• May 6, 2002 – The Hollister City Council passes an urgency Ordinance suspending building permits related to water treatment capacity of the City.

• December 2004 – LAFCO approves annexation of 125 acres of Award Homes land and the Award Homes portion of West of Fairview is annexed to the City with a Stipulated Settlement Agreement.

• April 16, 2007 – The City Council certified the Award Homes Subdivision and Specific Plan Amendment Supplemental Final Environmental Impact Report (SCH #2005111094) to increase the overall project density by increasing the acreage of medium and high-density residential development from 6 to 9.1 acres.

• June 27, 2007 – Resolution 2007-16 was adopted by the Planning Commission approving Tentative Map 2005-1 for the remaining undeveloped portion of the West of Fairview Specific Plan area for the subdivision of 125.9 acres into 517 individual lots, 60 garden homes on clustered lots (hereafter referred to as “cluster lots”), and 100 apartments on a single lot (the Eden Housing/Mimosa Street Investors project site).

• December 2010 – First Development Agreement expires.

• April 2, 2012 – The City Council adopted Ordinance No. 1082 amending the Development Agreement (First Amendment) at Award Homes request to extend the term of the Development Agreement by five years (the DA had expired), to place a recordation timeline for the final map for Phase I, and to revise the affordable housing component of the original Development Agreement.

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• May 17, 2021 – The City Council adopted Ordinance No. 1201 amending the Development Agreement (Second Amendment) at Award Homes request to extend the term of the Development Agreement until May 1, 2027, and to require the construction of 100 apartments available for moderate income households on Lot 100 of the Tentative Map).

• March 23, 2023 – The Planning Commission approved Resolution No. 2023-8 approving a Density Bonus for setbacks and Resolution No. 2023 -9 approving a Site & Architectural Review for the construction of a 100 percent affordable, 100-unit multi-family residential complex.

ANALYSIS:

The Applicant has requested approval of an amendment to the adopted West Fairview Development Agreement (WFDA). The current WFDA was amended and adopted by the City Council on May 17, 2021. The Applicant has requested an amendment of the WFDA to allow for a partial assignment of the items applicable to the affordable project to Eden Housing.

Section 17.24.280 of the Zoning Ordinance includes the requirements for Development Agreements. The Planning Commission is charged with reviewing a Development Agreement (or Development Agreement Amendment) and making a recommendation to the City Council. The Planning Commission approved Resolution No. 2024 -1 on January 25, 2024 recommending that the City Council approve the Development Agreement Amendment.

The amended Development Agreement is included as Exhibit A to Attachment 1. For a red-lined version of the Development Agreement please refer to Attachment 2. The City Attorney worked with the Applicant in the preparation of the Amendment .

CONCLUSION:

The Applicant has requested approval of an amendment to the West Fairview Development Agreement for the partial assignment of requirements within the Development Agreement that pertain to the Eden Housing project. The City Attorney has reviewed the amended Development Agreement and has no concerns with the modifications.

FINANCIAL IMPACT: $0

CEQA: The amendment to the Development Agreement is exempt from review under the California Environmental Quality Act because it is not a project under CEQA.

ATTACHMENTS:

1. 1A. Exhibit A - Amended Development Agreement

2. 2. Red-lined Development Agreement

3. 3. Resolution 2024-01_Development Agreement_Eden Housing

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ORDINANCE NO. 1248

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BY

AND BETWEEN THE CITY OF HOLLISTER AND THE DEVELOPMENT KNOWN AS

WEST FAIRVIEW FOR THE PARTIAL ASSIGNMENT OF THE DEVELOPMENT

AGREEMENT TO EDEN HOUSING/MIMOSA STREET INVESTORS, LP

WHEREAS, on May 10, 2000, the City of Hollister, a municipal corporation, and Award Homes, Inc. a California corporation, entered into a Development Agreement pursuant to Government Code Section 65864 et seq. for the residential development known as West Fairview; and

WHEREAS, on May 3, 2004, the City of Hollister and Award Homes, Inc. entered into Mutual Release and Settlement Agreement to the Development Agreement; and

WHEREAS, on April 2, 2012, the City Council of the City of Hollister adopted Ordinance 1082 approving the first amendment to the Development Agreement and Mutual Release and Settlement Agreement; and

WHEREAS, on May 17, 2021, the City Council of the City of Hollister adopted Ordinance 1201 approving the second amendment to the Development Agreement and Mutual Release and Settlement Agreement; and

WHEREAS, the Applicant, Eden Housing/Mimosa Street Investors LLP, has submitted an application for an amendment to the executed Development Agreement for the West Fairview Subdivision; and

WHEREAS, on March 23, 2023, the Planning Commission adopted Resolution No. 2023-8 approving a Density Bonus and Resolution No. 2023 -9 approving a Site & Architectural Review for the construction of a 100 percent, 100-unit multi-family residential complex; and

WHEREAS, Section 17.24.280 of the Hollister Zoning Ordinance establishes the requirements for Development Agreements and requires the Planning Commission to review Development Agreement requests and make a recommendation to the City Council; and

WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2024 and adopted Resolution No. 2024 -1 recommending City Council approval of the Development Agreement Amendment; and

WHERAS, on March 18, 2024, the City Council help a duly noticed public hearing pursuant to Government Code Sections 65867 and 65868 to consider all oral and written testimony relating to the proposed Amendment.

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

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Section 1. Findings.

The City Council of the City of Hollister makes the following findings regarding the partial assignment of the West Fairview Development Agreement to Eden Housing/Mimosa Street Investors, LP:

a) The provisions of the Amendment are consistent with the Hollister General Plan and the West Fairview Specific Plan.

b) On March 23, 2023, the Planning Commission approved Site and Architectural Review 2022-16 and a Density Bonus approving a 100 unit affordable multi- family residential development in accordance with the West Fairview Development Agreement and Specific Plan.

c) This amendment is adopted pursuant to the authority provided in Government Code Section 65864 et seq.

d) The Amendment is consistent with the Final Environmental Impact Report (SCH #1990031022) related to the development of land within the West of Fairview Specific Plan Area certified by the City Council and a Supplemental Environmental Impact Report (SCH #200511094) related to the Vesting Tentative Map, certified by the City Council.

Section 2. Approval of a Third Amendment.

Pursuant to the statutory authority referenced in Section 1 herein, the City shall amend the Development Agreement for a partial assignment of the West Fairview Development Agreement to Eden Housing/Mimosa Street Investors, LP.

Section 3. Severability.

The City Council declares that. Should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 4. Effective Date.

This ordinance shall take effect and be in force thirty days from and after its adoption.

Section 5. Publication.

Within fifteen days after adoption, the City Clerk shall cause this Ordinance to be published one time in the Free Lance, a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on the 18th day of March 2024.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 2024, by the following vote:

Mia Casey, Mayor
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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. 1248 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Mimosa Street Investors, L.P.
22645 Grand Street
Hayward, CA 94541
Attn: Linda Mandolini
Space Above This Line for Recorder’s Use Only

PARTIAL RELEASE OF DEVELOPMENT AGREEMENT
This Partial Release of Development Agreement (this “Release”) is dated as ________ __, 2023, by and between MIMOSA STREET, L.P, a California limited partnership (“Affordable Developer”), and the CITY OF HOLLISTER, a municipal corporation (the “City” and, together with Affordable Developer, the “Parties”).

R E C I T A L S
A. The City and Award Homes, Inc., a California corporation (“Award Homes”), among others, entered into that certain Development Agreement (the “Original Agreement”) dated May 10, 2000, recorded December 6, 2000 as Instr. No. 2000-0016461 in the Official Records of the County of San Benito (the “County”), as amended by that certain First Amendment to Development Agreement (the “First Amendment”) dated April 2, 2012, recorded April 3, 2013 as Instr. No. 2013-0003414 in the County Official Records, as partially assigned pursuant to that certain Partial Assignment of Rights and Obligations under Development Agreement by Award Homes to Lennar Homes of California, Inc., a California corporation, dated as of May 3, 2021, recorded May 3, 2021 as Instr. No. 2021-0006851 in the County Official Records, as further amended by that certain Amendment No. 2 to Development Agreement (the “Second Amendment”) dated May 17, 2021, recorded June 24, 2021 as Instr. No. 2021-0009729 in the County Official Records, and as further partially assigned pursuant to that certain Partial Assignment of Development Agreement dated ________ __, 2023, recorded ______________, 2023 as Instr. No. __________ in the County Official Records (the Original Agreement, as amended and assigned, is referred to herein as the “Development Agreement”). Terms used but not defined herein have the meanings set forth in the Development Agreement.

B. Affordable Developer has acquired fee title to that portion of the real property subject to the Development Agreement more particularly described in Exhibit A attached hereto (the “Transferred Property”); the balance of the property, exclusive of the Transferred Property, is referred to herein as the “Non-Affordable Property.”
C. The Parties agree that Affordable Developer’s obligations under the Development Agreement are intended to be limited solely to the Affordable Housing Obligations (as defined below), and the Parties desire to evidence Affordable Developer’s release from any and all other obligations under the Development Agreement.

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2 D. The Parties agree and acknowledge that Affordable Developer would not undertake the Affordable Housing Obligations without the release set forth below.

A G R E E M E N T S
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Affordable Housing Obligations. The “Affordable Housing Obligations” are the obligations described in the Development Agreement that pertain to the development of a low- income housing project on the Transferred Property.

2. Release.
(a) The City hereby releases Affordable Developer from any and all obligations under the Development Agreement (including without limitation any development obligations, payments of fees or costs and indemnity obligations) that are not Affordable Housing Obligations, excluding the Ongoing CFD Obligation (as described below). Except with respect to the foregoing release, the provisions of the Development Agreement shall remain in full force and effect and shall not be modified by this Release. (b) Upon issuance of certificate of occupancy for an affordable housing project developed on the Transferred Property, Affordable Developer shall be released from all obligations under the Development Agreement (except for the Ongoing CFD Obligation) automatically without any further documentation; provided however, the City agrees to execute such documentation as is reasonably requested in order to evidence such release. (c) The “Ongoing CFD Obligation” means the Affordable Developer’s obligation under section 3.1(d) of the Development Agreement solely to the extent related to the City of Hollister Communities Facilities District Nos. 4 and 5, and no other existing or future Mello-Roos Community Facilities District, provided however that such obligation shall not exceed an amount, in aggregate, equal to [DENSITY BONUS CONCESSION REQUEST CAP AMOUNT] (the “Maximum Amount”). For the sake of clarity, Affordable Developer shall only have the obligation to annex into City of Hollister Communities Facilities District Nos. 4 and 5 and no other district, and the aggregate assessment under City of Hollister Communities Facilities District Nos. 4 and 5 shall not exceed such Maximum Amount.

3. Governing Law; Venue. This Release shall be interpreted and enforced in accordance with the laws of California without regard to principles of conflicts of laws.

4. Entire Agreement/Amendment. This Release constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with respect to the matters covered by this Release. This Release may not be amended except by an instrument in writing signed by each of the Parties.

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3 5. Further Assurances. Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as reasonably required to consummate the transactions contemplated by this Release.

6. Successors and Assigns. This Release and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and permitted assigns of the Parties.

7. Attorneys’ Fees. In the event of any litigation pertaining to this Release, the losing party shall pay the prevailing party’s litigation costs and expenses, including without limitation reasonable attorneys’ fees.

8. Recordation. The Parties shall cause this Release to be recorded in the Official Records of San Benito County, and shall promptly provide a conformed copy of the recorded Release to Affordable Developer.

9. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Release. The Parties acknowledge that this Release is the product of negotiation and compromise on the part of the Parties, and the Parties agree, that since both have participated in the negotiation and drafting of this Release, this Release shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

10. Severability. If any term, provision, condition or covenant of this Release or its application to any party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Release, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby.

11. No Waiver. No delay or omission by either Party in exercising any right, remedy, election or option accruing upon the noncompliance or failure of performance by the other Party under the provisions of this Release shall constitute an impairment or waiver of any such right, remedy, election or option. No alleged waiver shall be valid or effective unless it is set forth in a writing executed by the party against whom the waiver is claimed. A waiver by either Party of any of the covenants, conditions or obligations to be performed by the other Party shall not be construed as a waiver of any subsequent breach of the same or any other covenants, conditions or obligations.

12. Time of the Essence. Time is of the essence in the performance by each Party of its obligations under this Release.

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4 13. Authority. Each person executing this Release represents and warrants that they have the authority to bind their respective Party to the performance of its obligations hereunder and that all necessary approvals have been obtained.

14. Counterparts. This Release may be executed in counterparts, each of which shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. [Signatures follow]

IN WITNESS WHEREOF, the parties hereto have executed this Release as of the Effective Date.

“AFFORDABLE DEVELOPER”

MIMOSA STREET INVESTORS, L.P.,
a California limited partnership

By: Mimosa Street, LLC,
a California limited liability company,
its General Partner

By: Eden Investments, Inc.,
a California nonprofit public benefit corporation,
its Sole Member

By: ________________________
Name:

Its:

“CITY”

THE CITY OF HOLLISTER,
a municipal corporation

By: ______________________
Name: ______________________
Its: ______________________
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5 D.1.a
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On ________________, 2023, before me, ________________________, Notary Public, personally appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ [Seal]

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On ________________, 2023 before me, ________________________, Notary Public, personally appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ [Seal]

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EXHIBIT A
to
Partial Release of Development Agreement

LEGAL DESCRIPTION OF TRANSFERRED PROPERTY
Real property in the City of Hollister , County of San Benito, State of California, described as follows:

LOT 100 AS SHOWN ON MAP ENTITLED “TRACT 303-PHASE 1A WEST FAIRVIEW, FILED FOR RECORD JANUARY 30, 2020, IN BOOK 16 OF MAPS, AT PAGE 83, SAN BENITO COUNTY RECORDS.

APN: 057-860-046-000

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2 D. The Parties agree and acknowledge that Affordable Developer would not undertake the Affordable Housing Obligations without the release set forth below.

A G R E E M E N T S
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Affordable Housing Obligations. The “Affordable Housing Obligations” are the obligations described in the Development Agreement that pertain to the development of a low- income housing project on the Transferred Property.

2. Release.
(a) The City hereby releases Affordable Developer from any and all obligations under the Development Agreement (including without limitation any development obligations, payments of fees or costs and indemnity obligations) that are not Affordable Housing Obligations, excluding the Ongoing CFD Obligation (as described below). Except with respect to the foregoing release, the provisions of the Development Agreement shall remain in full force and effect and shall not be modified by this Release. (b) Upon issuance of certificate of occupancy for an affordable housing project developed on the Transferred Property, Affordable Developer shall be released from all obligations under the Development Agreement (except for the Ongoing CFD Obligation) automatically without any further documentation; provided however, the City agrees to execute such documentation as is reasonably requested in order to evidence such release. (c) The “Ongoing CFD Obligation” means the Affordable Developer’s obligation under Section J.3 of Exhibit 3section 3.1(d) of the Development Agreement solely to the extent related to the City of Hollister Communities Facilities District NoNos. 4 and 5, and no other existing or future Mello-Roos Community Facilities District, provided however that such obligation shall not exceed an amount equal to the “maximum aggregate payment” amount set forth in Section J.3 of Exhibit 3 of the Development Agreement , in aggregate, equal to [DENSITY BONUS CONCESSION REQUEST CAP AMOUNT] (the “Maximum Amount”). For the sake of clarity, Affordable Developer shall only have the obligation to annex into City of Hollister Communities Facilities District NoNos. 4 and 5 and no other district, and the aggregate assessment under City of Hollister Communities Facilities District NoNos. 4 and 5 shall not exceed such “maximum aggregate payment.”Maximum Amount.

3. Governing Law; Venue. This Release shall be interpreted and enforced in accordance with the laws of California without regard to principles of conflicts of laws.

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3 4. Entire Agreement/Amendment. This Release constitutes the entire agreement among the Parties with respect to the subject matter hereof, and supersedes all prior written and oral agreements with respect to the matters covered by this Release. This Release may not be amended except by an instrument in writing signed by each of the Parties.

5. Further Assurances. Each Party shall execute and deliver such other certificates, agreements and documents and take such other actions as reasonably required to consummate the transactions contemplated by this Release.

6. Successors and Assigns. This Release and all of the terms, covenants, and conditions hereof shall extend to the benefit of and be binding upon the respective successors and permitted assigns of the Parties.

7. Attorneys’ Fees. In the event of any litigation pertaining to this Release, the losing party shall pay the prevailing party’s litigation costs and expenses, including without limitation reasonable attorneys’ fees.

8. Recordation. The Parties shall cause this Release to be recorded in the Official Records of San Benito County, and shall promptly provide a conformed copy of the recorded Release to Affordable Developer.

9. Captions; Interpretation. The section headings used herein are solely for convenience and shall not be used to interpret this Release. The Parties acknowledge that this Release is the product of negotiation and compromise on the part of the Parties, and the Parties agree, that since both have participated in the negotiation and drafting of this Release, this Release shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

10. Severability. If any term, provision, condition or covenant of this Release or its application to any party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this Release, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby.

11. No Waiver. No delay or omission by either Party in exercising any right, remedy, election or option accruing upon the noncompliance or failure of performance by the other Party under the provisions of this Release shall constitute an impairment or waiver of any such right, remedy, election or option. No alleged waiver shall be valid or effective unless it is set forth in a writing executed by the party against whom the waiver is claimed. A waiver by either Party of any of the covenants, conditions or obligations to be performed by the other Party shall not be construed as a waiver of any subsequent breach of the same or any other covenants, conditions or obligations.

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4 12. Time of the Essence. Time is of the essence in the performance by each Party of its obligations under this Release.

13. Authority. Each person executing this Release represents and warrants that they have the authority to bind their respective Party to the performance of its obligations hereunder and that all necessary approvals have been obtained.

14. Counterparts. This Release may be executed in counterparts, each of which shall, irrespective of the date of its execution and delivery, be deemed an original, and the counterparts together shall constitute one and the same instrument. [Signatures follow]

IN WITNESS WHEREOF, the parties hereto have executed this Release as of the Effective Date.

“AFFORDABLE DEVELOPER”

MIMOSA STREET INVESTORS, L.P.,
a California limited partnership

By: Mimosa Street, LLC,
a California limited liability company,
its General Partner

By: Eden Investments, Inc.,
a California nonprofit public benefit corporation,
its Sole Member

By: ________________________
Name:

Its:

“CITY”

THE CITY OF HOLLISTER,
a municipal corporation

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5 By: ______________________
Name: ______________________
Its: ______________________

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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On ________________, 2023, before me, ________________________, Notary Public, personally appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ [Seal]

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)
COUNTY OF ___________ )
On ________________, 2023 before me, ________________________, Notary Public, personally appeared ____________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.

WITNESS my hand and official seal.

Signature __________________________________ [Seal]

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EXHIBIT A
to
Partial Release of Development Agreement

LEGAL DESCRIPTION OF TRANSFERRED PROPERTY
Real property in the City of Hollister , County of San Benito, State of California, described as follows:

LOT 100 AS SHOWN ON MAP ENTITLED “TRACT 303-PHASE 1A WEST FAIRVIEW, FILED FOR RECORD JANUARY 30, 2020, IN BOOK 16 OF MAPS, AT PAGE 83, SAN BENITO COUNTY RECORDS.

APN: 057-860-046-000

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: February 21, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2024-39, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING DENSITY BONUS 2023-4 TO REDUCE THE COMMUNITY FACILITIES DISTRICT FEES FOR A 100 PERCENT

AFFORDABLE PROJECT LOCATED AT THE CORNER OF AVENIDA CESAR CHAVEZ AND MIMOSA STREET (APN 057-860-046)

BRIEF DESCRIPTION: The Applicant is requesting City Council approval of a Density Bonus for the approved affordable 100 multifamily apartment project (S&A 2022-16) located within the West Fairview Subdivision. The units will be affordable to low, very low, and extremely low income families and farmworkers. The Density Bonus request is in addition to a prior Density Bonus approval for the waiver of setbacks (DB 2023 -1) and is requested for additional incentives for the affordable project. The project site is located on the corner of Avenida Cesar Chavez (formerly Union Road) and Mimosa Drive in the Residential West Fairview Specific Plan (RWF/SP) Zoning Designation, further identified as San Benito County Assessor Parcel Number 057 -860-046.

RECOMMENDATION: Adopt a resolution approving Density Bonus 2023-4.

DEPARTMENT SUMMARY: The Applicant previously received approval of a Density Bonus and Site & Architectural Review (S&A 2022 -16) from the Planning Commission for the construction of 100 affordable multi-family dwelling units on a 4.607-acre parcel located at the corner of Avenida Cesar Chavez and Mimosa Street in the West of Fairview Specific Plan Area (Planning Commission Resolutions No. 2023 -8 and 2023- 9).

The approved Density Bonus was for the waiver of development standards (related to the rear setback and height requirement) for the project. Following approval of the project, the Applicant requested a waiver of fees for the project which the City determined could be granted with a new Density Bonus application for the project.

On January 25, 2024, the Planning Commission reviewed the Density Bonus request for a waiver of all impact fees for the project and a reduction in the Community Facilities Fee for CFD 4 and 5 to $400 per unit and recommended City Council approval of the request. Following the Planning Commission meeting, the Applicant revised their request to eliminate the request for a full impact fee waiver. Impact fees are not required to be paid until prior to Occupancy. Staff will be working with Eden Homes/Mimosa Street Investors, LP. to apply for grants and other subsidies to offset the costs E.1
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associated with construction of this project. The Applicant can apply for an impact fee waiver in the future if necessary.

BACKGROUND:

The proposed project site is located within the West Fairview Subdivision. The proposed affordable project comprises 15 percent of the total number of units within this subdivision. As a 100 percent affordable project, which comprises 15 percent of the total number of units, the project is eligible for three incentives or concessions (Section

17.34.060 (C)(3) of the Zoning Ordinance). The residential development is required to remain affordable for a minimum period of 55 years.

ANALYSIS:

In accordance with Section 17.34.060(C)(3) of the Zoning Ordinance, the project is eligible for three incentives or concessions. The Applicant has applied for a second incentive. The two incentives or concessions for the project include:

1. Development Standards (Approved)

2. Reduction in Community Facilities District fees for CFD 4 and 5 (current request)

A request for a direct financial contribution (i.e. a reduction in fees or waiver of fees) is discretionary and requires approval by the City Council under Government Code Section 65915(k). The City Council is not required to approve or approve all of a financial contribution request.

For the second incentive, the Applicant is requesting a reduction in the Community Facilities District (CFD) fees for this project. All projects/phases within the West Fairview Subdivision are required to enter into CFD 4 and 5 as a project condition of approval and as required by the Development Agreement. CFD 4 was established for the maintenance of public facilities including landscaping, lighting, streets, stormwater, sidewalks, etc. CFD 5 was established for Police and Fire Services. The CFD fees for the West Fairview Subdivision was calculated subdivision -wide and was based on the total costs for maintenance and services with all properties (including the affordable apartment project) contributing to the CFD to offset City costs.

This project is anticipated to be annexed into Tax Zone 20 for CFD 4, which was established using the public facilities maintenance budget estimations for the entirety of the West of Fairview Subdivision. The multifamily project is anticipated to be annexed into Tax Zone 20 along with the rest of the subdivision, to ensure that all properties are paying equitable rates for the public facilities that are shared by the entire subdivision.

Using the fiscal year 2023-2024 (FY 23-24) rates, the CFD 4 maximum tax for Tax Zone 20 is $1,176.78 per multifamily unit per year for CFD 4 (or a total of $117,678.00). For CFD 5, the maximum tax in FY 23-24 is $758.16 per multifamily unit per year (or a total of $75,816.00). Total CFD fees for this project would be $193,494 per year, subject to an annual increase by the consumer price index.

The Applicant is requesting that the CFD fees for the project be reduced to $400 per unit per year (or $40,000) with an increase of 3.5% per year starting after the first year.

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The Applicant is requesting the reduction in CFD fees for this project to ensure that the project is financially feasible in the long term. The State of California Tax Credit Allocation Committee and private lenders require affordable housing projects to maintain positive operating cash flow and a debt service coverage ratio of 1.15 through the first 15 years of the project’s operation at a minimum. The Applicant has provided an analysis of operational costs in Attachment 2. As discussed, if the project is required to pay the full CFD fee, the Debt Service Coverage Ratio decreases below 1.15 after Year 1 and starts to go negative in Year 11. This means that the project would not be able to meet its mortgage obligations after Year 1 and would operate at a loss long term. The requested reduction to $400 per year would ensure that the project’s Debt Service Coverage Ratio stays above 1.15 and the Net Available Cash remains positive through the first 15 years.

The reduction in CFD funds would result in the City offsetting any costs for providing services for the West Fairview Subdivision. As annexation into a CFD adopts a maximum tax rate, the City Council can agree not to charge the maximum fee established for CFD 4 and 5 and can allow a rate anywhere between $0 and the maximum tax. Staff recommends that the property still be annexed into CFD 4 Tax Zone 20 and CFD 5 with a $0 fee for CFD 4 and a $400 per unit fee for CFD 5 (with an annual increase of 3.5%). Fees collected throughout the West Fairview subdivision can be used to offset costs related to maintenance throughout the subdivision in CFD 4. By requiring the project to pay $400 per unit for CFD 5, the City can use these funds to offset costs related to Police and Fire services to the development.

Stafff recommends annexing the project into Tax Zone 20 for CFD 4 and CFD 5 to ensure that the property is captured by the facilities districts in perpetuity, but that the City Council enter into an agreement to charge the reduced rate (plus yearly increase of

3.5%) for the project, with the requirement that should the project become a market -rate development that the CFD fee will revert to standard maximum tax in effect at that time.

Staff would not recommend annexing the project into a reduced tax rate/zone, as modifications to the tax zone in the future would be near-impossible, unless it was the desire of a future property owner to be annexed into a higher rate. Entering an agreement between the City and Eden Housing/Mimosa Street Investors, LP. to charge a reduce rate for this property, should it be the desire of the City Council, would result in the applicant’s request being fulfilled, but would leave open the future opportunity for the City to charge the maximum tax that provides for full cost recovery for the provision of public facilities and police and fire services to the property should circumstances change in the future related to the property and project.

CONCLUSION:

The Applicant has requested approval of one additional incentive to offset the costs of operation of the 100 percent affordable project. To that effect, the Applicant is requesting a reduction of the established CFD fees for CFD 4 and 5 to $400 per unit per year, with a 3.5% annual increase. Should the City Council approve this request, the City will prepare an Agreement between the City and Eden Housing/Mimosa Street Investors, reducing the CFD fees for CFD 4 to $0 and reducing the CFD fees for CFD 5 to $400 per year per unit with an annual increase of 3.5%. In the event that the project E.1
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becomes market rate after the 55-year period is up, the CFD fees will revert to the current rate.

CITY COUNCIL OPTIONS:

The City Council can choose one of the following options:

1. Adopt a Resolution approving Density Bonus 2023-4 as requested by the Applicant.

2. Adopt a Resolution approving Density Bonus 2023-4 as amended by the City Council.

3. Adopt a Resolution denying Density Bonus 2023-4.

4. Continue the hearing and direct Staff to provide additional information or clarification.

FINANCIAL IMPACT: Loss of Community Facilities Fees (CFD) for CFD 4 and 5 for 100 multi-family residential units in the West of Fairview Subdivision . The proposed reduction would result in a loss of all CFD fees for CFD 4 and a reduction in CFD 5 fees to $400 per year with a 3.5% annual increase.

CEQA: The waiver or reduction of fees is not a project under the requirements of the California Environmental Quality Act.

ATTACHMENTS:

1. 1. Resolution 2024-02_DB 2023-4_Eden Housing

2. 2. 204.02.20_CFD Fee Waiver Request Only-signed Revised 2024.2.20

3. 2. Exhibit A - Hollister WoF_2024.01.28 CFD Fee As-Is Revised 2024.2.20

4. 2. Exhibit B - Hollister WoF_2024.01.28 CFD Fee Reduction-Revised 2024.2.20

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2024-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING DENSITY BONUS 2023-4 TO REDUCE THE COMMUNITY FACILITIES DISTRICT FEES FOR A 100 PERCENT AFFORDABLE PROJECT LOCATED AT THE CORNER OF AVENIDA CESAR CHAVEZ AND MIMOSA STREET (APN 057- 860-046)

WHEREAS, the Applicant, Eden Housing/Mimosa Street Investors, has submitted an application for a Density Bonus (DB 2023-4) for a 100 percent affordable project; and

WHEREAS, on March 23, 2023, the Planning Commission adopted Resolution No. 2023-8 approving a Density Bonus and Resolution No. 2023 -9 approving a Site & Architectural Review for the construction of a 100 percent, 100 unit multi -family residential complex; and

WHEREAS, the California Density Bonus Law (Government Code Section 65915 et seq.) and Chapter 17.34, Density Bonus, of the Zoning Ordinance, allows developers to seek incentives or concessions from the City in exchange for providing affordable units within their project; and

WHEREAS, the proposed project is a 100 percent affordable project and is therefore eligible for three incentives or concessions pursuant to Section 17.34.060 (C)(3) of the Zoning Ordinance; and

WHEREAS, on March 23, 2023, the Planning Commission approved one incentive, out of the three incentives the project is eligible for, for the project (waiver of development standards); and

WHEREAS, the Applicant has requested approval of one additional incentive. The requested incentive is for a reduction in the City’s Community Facilities District (CFD) fees for CFD 4 and 5 (to $400.00 per year per unit starting the first year of occupancy, with an annual increase of 3.5 percent) when annexed into CFD 4 and 5; and

WHEREAS, a Staff Report dated January 25, 2024, and incorporated herein by reference, described and analyzed the Density Bonus (DB 2023-4); and

WHEREAS, the Planning Commission held a duly noticed public hearing on January 25, 2024 and adopted Resolution No. 2024 -2 recommending City Council approval of the Density Bonus; and

WHEREAS, on March 18, 2024, the City Council held a duly noticed public hearing to consider Density Bonus 2023-4, review the City Staff Report, and received written and oral testimony for and against the proposal.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby make the following findings and determinations regarding the proposed Density Bonus (2023-4):

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A. The residential development meets the requirements of Chapter 17.34, Density Bonus, because:

1. The Applicant is proposing to restrict all 100 units in the residential complex to low, very low, and extremely low income families and farmworkers.

2. The 100 percent affordable project is eligible for a density bonus pursuant to Section 17.34.040, Allowed Density Bonuses, of the Zoning Ordinance.

3. The project is eligible for three incentives or concessions pursuant to Section 17.34.060 (C)(3) because although the project is a 100 percent affordable development, the project comprises 15 percent of the West Fairview Subdivision.

4. The project was previously granted approval of a Density Bonus (Planning Commission Resolution No. 2023-8) for one incentive which was related to setbacks for the project. The Applicant could have requested approval of additional incentives at that time (up to three).

5. The Applicant has submitted a new application for a Density Bonus (Density Bonus 2023-4) and has requested approval of a reduction in the CFD 4 and 5 fees for the project (one incentive).

B. The proposed Project provides the required number of Target Units for the proposed affordability type:

1. The project will provide 100 multi-family dwelling units restricted to low, very low and extremely low income families and farmworkers for a minimum period of fifty-five (55) years.

2. The proposed project will comprise 15 percent of the total number of dwelling units within the West of Fairview Specific Plan Area and therefore is eligible for the requested concession/incentive.

C. The Applicant is requesting concessions or incentives that the project is eligible for under the Government Code because:

1. The project is entitled to three incentives or concessions because the 100 percent affordable project comprises 15 percent of the West Fairview Subdivision (Government Code Section 65915)(d)(2)).

2. One incentive was previously approved by the Planning Commission on March 23, 2023 (Planning Commission Resolution No. 2023-8). This incentive was for development standards (setbacks) and only one incentive of the three allowed was applied for.

3. The Applicant has now applied for a second density bonus for their project. This request is for the reduction CFD 4 and 5 fees to off -set the construction of the affordable units and the cost of maintaining the units E.1
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for a minimum period of fifty-five (55) years. Approval of the second incentive allows the Applicant to request one additional incentive in the future.

4. Approval of a direct financial contribution is a concession or incentive under Section 17.34.060(D)(4) of the Zoning Ordinance and requires the approval of the City Council. Approval of any request for a financial contribution is discretionary.

NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Hollister does hereby approve Density Bonus 2023-4 and requires Eden Housing/Mimosa Street Investors, LP. to annex into Community Facilities District (CFD 4 and 5) and directs Staff to prepare an agreement between the City and Eden Housing/Mimosa Street Investors, LP. for a reduction in the Community Facilities District (CFD) fees for CFD 4 and 5 for this project. The proposed reduction will be to lower the CFD tax rate for CFD 4 to $0 and lower the tax rate for CFD 5 to the amount of $400 per unit per year, with an annual increase of 3.5% for this project, with the fees increased to the current rate if the project becomes market rate in the future.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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. 2024-39, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Broker License No. 872400

22645 Grand Street | Hayward, CA 94541 | Tel: 510-582-146 | edenhousing.org January 28, 2024
Erica Fraser
Development Services Department – Planning Division City of Hollister
375 Fifth Street, Hollister, California 95023
Subj: West of Fairview Affordable Project (S&A 2022-16) Community Facilities District Fee Reduction Request

Dear Ms. Fraser,

I am writing on behalf of Eden Housing, the non-profit developer involved with the development and eventual construction of the 100-unit West of Fairview Affordable Housing project that will be located at the corner of Avenida Cesar Chavez and Mimosa Street (APN: 057-860-046) in the City of Hollister. The project will be a new construction affordable housing development serving low-, very low-, and extremely low-income families and farmworkers. To support the development and long- term operation of the West of Fairview Affordable community, Eden Housing is requesting a reduction on Community Facilities District (CFD) fees applied to the project.

The CFD fee reduction and an impact fee waiver was approved by the City of Hollister Planning Commission on January 25, 2023. With feedback from Planning Commission and City staff, Eden is providing additional documentation to support the request for a CFD fee waiver below.

Community Facilities District (CFD) Fee Reduction
The West of Fairview Affordable project is subject to CFD fees under CFD #4 and #5. Current CFD fees amount to $1,176.78/unit/year under CFD #4 and $758.16/unit/year under CFD #5 for fiscal year 2023/2024 which totals $1,934.94/unit in additional annual operating fees for the project. $193,494 in annual fees with escalation would make the project financially infeasible as an affordable housing project in the long term. Infeasibility is assured because the rents must stay at the lower rate and cannot increase to the level that would be necessary to remain cash flow positive.

The State of California passed AB 1743 in 2020. The purpose of the senate bill was to prevent CFD fees from overburdening affordable housing projects and support affordable housing creation. The bill was enacted in 2020 and unfortunately the West of Fairview Affordable project CFD fees which went into effect in 2015 just missed the cut off for the bill to apply for the project. Eden Housing is requesting a reduction on the annual CFD fees for the West of Fairview Affordable project to align with state policy in support of affordable housing creation.

Per the Initial Development Agreement for the West of Fairview plan area executed in 2000, the project would be subject to CFD fees that in total are capped at $250/unit adjusted for inflation per year. At today’s rates, using the Consumer Price Index this would amount to $400/unit/year. Eden is requesting to reduce the total CFD fees applied to the project following the terms of the initial development agreement to $400/unit/year, $40,000 total, escalated by 3.5% per year following State of California HCD underwriting standards. Long-term lending rates are increasing and have doubled in the last year. The size of the CFD fees will dramatically impact the amount of mortgage proceeds the property can raise for financing the project. Additionally, we’d like to note that we backed into a fee amount on a per unit basis that would ensure positive cash flow over time.

Eden has attached two exhibits to provide additional documentation in support of the request to reduce the project’s CFD fees. The State of California Tax Credit Allocation Committee and private mortgage lenders requires affordable housing projects to maintain positive operating cash flow and E.1.b
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Broker License No. 872400
22645 Grand Street | Hayward, CA 94541 | Tel: 510-582-146 | edenhousing.org a debt service coverage ratio of 1.15 through the first 15 years of the project’s operation at a minimum.

Exhibit A shows the impact of the CFD #4 and #5 fees on the project’s operating cash flow at the current rate of $1,935/unit or $193,500/year. The exhibit shows that the Debt Service Coverage Ratio decreases below 1.15 after Year 1 and the Net Available Cash for the project starts to go negative in Year 11 (shown in red). This demonstrates that the project cannot meet its mortgage obligations after Year 1 and that the project will be operating at a loss long term. Non-profit affordable housing projects operate with a narrow margin and the size of the CFD fees make the project financially infeasible for any non-profit developer to operate successfully.

Exhibit B shows the impact of the CFD #4 and #5 fees on the project’s operating cash flow at the requested reduced rate of $400/unit or $40,000/year with 3.5% annual inflation. The exhibit shows that the Debt Service Coverage Ratio stays above 1.15 and the Net Available Cash remains positive through the first 15 years of the project (shown in green). In this scenario, the project remains fiscal integrity and can sustain the payment of the CFD fees and operating expenses for the property long term. The reduced CFD fee for the West of Fairview project is imperative to creating long-term affordable units in Hollister. Eden understands that the City has its own fiscal responsibilities however the current CFD rates make any affordable new construction project extremely challenging if not impossible to finance. The request for reduced CFD fees applies only if the project remains 100% affordable, should the project lose it’s affordability restrictions the project would revert back to paying the City’s current CFD rates.

We would like to thank the City of Hollister for reviewing our request to reduce the CFD fees applied to the West of Fairview Affordable project. Depending on the availability of gap funding, Eden may submit an additional request to City Council to approve a waiver of the City’s impact fees on the project prior to construction start. Eden Housing has successfully secured a commitment of 22 PBVs from the Housing Authority of the County of Santa Cruz and submitted an over-the-counter application to California HCD for Infill Infrastructure Grant Funds (IIG). We anticipate submitting applications for Joe Serna Farmworker Housing Grant funds and tax credits at the State level. If we are successful in receiving these State funds, combined with the City of Hollister’s support in reducing the CFD fees for the project and potentially an impact fee waiver, we have a financially feasible project that could begin construction on 100 critically-needed affordable units.

Thank you again for your support and consideration of our request. If you have any questions or require any more information, please contact Weijia Song, at [email protected] or 628 587- 3551.

Sincerely,
Andrea Osgood
Chief of Real Estate Development and Executive Vice President Eden Housing
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Hollister West of Fairview Affordable - 4% LIHTC
CASH FLOW PROJECTION - CURRENT CFD FEE $193,500
YearInfl./Vacancy 123456789101112131415
Calendar Factors 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tenant Payments 2.5%1,327,620 1,360,811 1,394,831 1,429,702 1,465,444 1,502,080 1,539,632 1,578,123 1,617,576 1,658,015 1,699,466 1,741,952 1,785,501 1,830,139 1,875,892 Other Income 1.0%10,800 10,908 11,017 11,127 11,239 11,351 11,464 11,579 11,695 11,812 11,930 12,049 12,170 12,291 12,414 Commercial/Childcare Income 1.0%000000000000 000
Section 8 Income 2.0%408,876 417,054 425,395 433,902 442,581 451,432 460,461 469,670 479,063 488,645 498,418 508,386 518,554 528,925 539,503 Scheduled Gross Income 1,747,296 1,788,772 1,831,242 1,874,731 1,919,263 1,964,863 2,011,557 2,059,372 2,108,334 2,158,472 2,209,813 2,262,388 2,316,225 2,371,355 2,427,810 Residential Vacancy 5.0%(66,921) (68,586) (70,292) (72,041) (73,834) (75,672) (77,555) (79,485) (81,464) (83,491) (85,570) (87,700) (89,884) (92,122) (94,415) Section 8 Vacancy 5.0%(20,444) (20,853) (21,270) (21,695) (22,129) (22,572) (23,023) (23,484) (23,953) (24,432) (24,921) (25,419) (25,928) (26,446) (26,975) Commercial Vacancy 50.0%000000000000 000
Effective Gross Income 1,659,931 1,699,333 1,739,680 1,780,995 1,823,300 1,866,620 1,910,980 1,956,403 2,002,918 2,050,548 2,099,323 2,149,268 2,200,413 2,252,787 2,306,419 Operating Expenses for all units 3.5%(1,006,600) (1,041,831) (1,078,295) (1,116,035) (1,155,097) (1,195,525) (1,237,368) (1,280,676) (1,325,500) (1,371,892) (1,419,909) (1,469,606) (1,521,042) (1,574,278) (1,629,378) CFD #4 and #5 Fees 3.5%(193,500) (200,273) (207,282) (214,537) (222,046) (229,817) (237,861) (246,186) (254,803) (263,721) (272,951) (282,504) (292,392) (302,625) (313,217) Issuer Monitoring Fee and County Monitoring F 0.0%(4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) (4,241) Replacement Reserves 0.0%(50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) Net Operating Income 405,590 402,989 399,862 396,181 391,916 387,036 381,509 375,300 368,374 360,694 352,222 342,917 332,739 321,642 309,583 Debt Service - 1st Mortgage 000000000000 000
Debt Service - 2nd Mortgage (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) (270,889) Debt Service - AHSC &/or MHP 0.42%(81,798) (81,798) (81,798)(81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) Net Available Cash 52,903 50,302 47,175 43,494 39,229 34,350 28,822 22,613 15,687 8,007 (465) (9,770) (19,948) (31,045) (43,104) Debt Coverage Ratio 1.15 1.14 1.13 1.12 1.11 1.10 1.08 1.06 1.04 1.02 1.00 0.97 0.94 0.91 0.88 Debt Coverage Ratio (w/o section 8)

EXHIBIT A
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Hollister West of Fairview Affordable - 4% LIHTC
CASH FLOW PROJECTION - REDUCED FEE $40,000
YearInfl./Vacancy 123456789101112131415
Calendar Factors 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tenant Payments 2.5%1,327,620 1,360,811 1,394,831 1,429,702 1,465,444 1,502,080 1,539,632 1,578,123 1,617,576 1,658,015 1,699,466 1,741,952 1,785,501 1,830,139 1,875,892 Other Income 1.0%10,800 10,908 11,017 11,127 11,239 11,351 11,464 11,579 11,695 11,812 11,930 12,049 12,170 12,291 12,414 Commercial/Childcare Income 1.0%000000000000 000
Section 8 Income 2.0%408,876 417,054 425,395 433,902 442,581 451,432 460,461 469,670 479,063 488,645 498,418 508,386 518,554 528,925 539,503 Scheduled Gross Income 1,747,296 1,788,772 1,831,242 1,874,731 1,919,263 1,964,863 2,011,557 2,059,372 2,108,334 2,158,472 2,209,813 2,262,388 2,316,225 2,371,355 2,427,810 Residential Vacancy 5.0%(66,921) (68,586) (70,292) (72,041) (73,834) (75,672) (77,555) (79,485) (81,464) (83,491) (85,570) (87,700) (89,884) (92,122) (94,415) Section 8 Vacancy 5.0%(20,444) (20,853) (21,270) (21,695) (22,129) (22,572) (23,023) (23,484) (23,953) (24,432) (24,921) (25,419) (25,928) (26,446) (26,975) Commercial Vacancy 50.0%000000000000 000
Effective Gross Income 1,659,931 1,699,333 1,739,680 1,780,995 1,823,300 1,866,620 1,910,980 1,956,403 2,002,918 2,050,548 2,099,323 2,149,268 2,200,413 2,252,787 2,306,419 Operating Expenses for all units 3.5%(1,006,600) (1,041,831) (1,078,295) (1,116,035) (1,155,097) (1,195,525) (1,237,368) (1,280,676) (1,325,500) (1,371,892) (1,419,909) (1,469,606) (1,521,042) (1,574,278) (1,629,378) CFD #4 and #5 Fees 3.5%(40,000) (41,400) (42,849) (44,349) (45,901) (47,507) (49,170) (50,891) (52,672) (54,516) (56,424) (58,399) (60,443) (62,558) (64,748) Issuer Monitoring Fee and County Monitoring F 0.0%(6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) (6,303) Replacement Reserves 0.0%(50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) (50,000) Net Operating Income 557,028 559,799 562,233 564,307 565,999 567,284 568,138 568,533 568,442 567,837 566,687 564,961 562,626 559,648 555,991 Debt Service - 1st Mortgage (60,620) (60,620) (60,620) (60,620)(60,620) (60,620) (60,620) (60,620) (60,620) (60,620) (60,620) (60,620) (60,620) (60,620) (60,620) Debt Service - 2nd Mortgage (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) (341,955) Debt Service - AHSC &/or MHP 0.42%(81,798) (81,798) (81,798)(81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) (81,798) Net Available Cash 72,656 75,427 77,861 79,935 81,627 82,912 83,766 84,161 84,070 83,465 82,315 80,589 78,254 75,275 71,618 Debt Coverage Ratio 1.15 1.16 1.16 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.17 1.16 1.16 1.15 Debt Coverage Ratio (w/o section 8)

EXHIBIT B
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 14, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: STATUS UPDATE OF EMERGENCY PURCHASE: SEWER LINE REPAIR AT SAN JUAN HOLLISTER RD/4TH STREET AND GRAF RD

BRIEF DESCRIPTION: Staff will provide an Emergency Purchase update regarding the Sewer Line Repair at San Juan Hollister Rd/Fourth Street and Graf Rd .

RECOMMENDATION: Receive report.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 4, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Development Services
Christine Hopper, Development
Services Director

TITLE OF ITEM: INCLUSIONARY HOUSING ORDINANCE DISCUSSION

BRIEF DESCRIPTION: A presentation on a revised draft Inclusionary Housing Ordinance and review of potential policy direction.

RECOMMENDATION: Receive a presentation on the draft Inclusionary Housing Ordinance and provide direction to staff.

DEPARTMENT SUMMARY: At the December 4, 2024 City Council meeting, the City Council held a public hearing for the introduction of an Ordinance to adopt Chapter

17.36 Inclusionary Housing Program into the City of Hollister Zoning Ordinance. A copy of the staff report (without attachments) from the December 4th City Council meeting is included for information with this report. The draft inclusionary housing program would require a certain percentage of proposed housing developments be restricted to affordable (below market rate) income families. The Ordinance was not introduced by the City Council at the meeting and was not scheduled to be returned for an adoption hearing.

At the February 20, 2024 City Council meeting, the City Council directed staff to make an amendment to the draft ordinance to change the proposed split of affordability from 7% Very Low Income, 5% Low Income, 3% Moderate Income to 6% Very Low Income, 5% Low Income, and 4% Moderate Income, as well as to return to the Council for further discussion on the policies and potential alternative compliance options to be included within the ordinance.

Staff will provide a presentation on the project background, the draft ordinance as it exists today (with the change to the inclusionary breakdown described above), as well as a discussion on various common alternative compliance options that can be found in ordinances from other communities and potential benefits and challenges that the different options provide. It is important to note that while there are many common themes for alternative compliance strategies that can be found in adopted programs, the exact implementation and details of the program requirements vary from community to community. A comparative analysis of nearby communities’ programs is included as Attachment 4.

Following the discussion, staff seeks direction from the City Council on any additional modifications that should be made to the revised draft ordinance (redline included as E.3
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Attachment 2), and/or direction on whether to return to the Council with the revised draft ordinance for public hearing and introduction.

ATTACHMENTS:

1. Inclusionary Housing Presentation

2. 2. ZOA 2023-4_2024.02.20 REDLINE

3. 3. 2023.12.04_Staff Report_Ordinance_ZOA 2023 -4

4. 4. Inclusionary Housing Comparison

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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INCLUSIONARY HOUSING ALTERNATIVE COMPLIANCE REVIEW
City of Hollister City Council March 18, 2024
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HOLLISTER GENERAL PLAN UPDATE

PROGRAM

ADOPTION

INCLUSIONARY

HOUSING

FEEDBACK

INTRODUCTION & BACKGROUND

POTENTIAL POLICY OPTIONS

CITY COUNCIL DISCUSSION
OVERVIEW OVERVIEW: ALTERNATIVE COMPLIANCE

FEEDBACK

ALTERNATIVE COMPLIANCE OPTIONS

DISCUSSION

ALTERNATIVES

PROJECT BACKGROUNDHOLLISTER IHO
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HOLLISTER IH ORDINANCE PROJECT

BACKGROUND

2020 Council Direction
20% requirement
No alternative compliance

Draft IHO: March 2023 PC Meeting
20% requirement
Local bonus to foster feasibility
In-lieu fee for rental projects
No alternative compliance
May 2023 City Council Input
20% requirement may constrain housing development
Continue item until “additional stakeholder community outreach” is completed August 2023 IH Workshop
Community input in favor of:
15% IH requirement
At least one alternative compliance option
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HOLLISTER IH ORDINANCE PROJECT BACKGROUND
September 2023 Special City Council Meeting
New draft Ordinance with the following features:
Reduce requirement to 15% and remove local bonus
Maintain 10-unit project minimum
Maintain applicability to for-sale and rental housing
No in-lieu fee option
Alternative compliance option: acquisition and rehabilitation of existing units Not adopted due to desire for more information on alternative compliance options E.3.a
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REVISED DRAFT IH ORDINANCE PROJECT BACKGROUND
Revised 15% IH requirement:
At least 6% VLI
At least 5% either VLI or LI
At least 4% VLI, LI or MI
Retained:
10-unit minimum project size
No in-lieu fee option
Alternative Compliance Options

1.Provide affordable rental units in for-sale projects
Required by Gov. Code Section 65589.8
Same or a greater number of VLI, LI and MI units per IH requirement Same number of total bedrooms

2.Acquisition and rehabilitation of existing units
3rd party Physical Needs Assessment
3rd party site assessment
Relocation assurance and assistance
Value of the rehab work ≥ 25% value of existing unit
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AB 1505 requires at least one alternative compliance method for IHOs with a rental requirement Community workshop also supported an alternative compliance method, but not an in-lieu fee Jurisdictions have broad discretion over alternative compliance Consider local objectives when selecting alternatives:
Minimize displacement
Improve access to jobs and transportation
Improve community inclusiveness
Build on history of affordable housing partnerships
OVERVIEW: ALTERNATIVE COMPLIANCE
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COMMON BENEFITS

1. IN-LIEU FEESALTERNATIVE

COMPLIANCE

OPTIONS
Common Benefits
Generates funds for future affordable
housing construction.
Fee levels can be tailored to project type,
project size, and local market.
Funds can be leveraged by using other
funding sources and subsidies.
Funds can be used by City or transferred
to nonprofits and affordable developers.

Common Challenges
If fees are set too low, can create a funding gap.
Fees may go unused due to lack of project sites.
May result in lower quality units.
May result in exclusionary patterns:
Paying fees may be most feasible for higher-end
projects.
Affordable project sites may be in least expensive
areas of community.
Funded projects are generally 100% affordable instead
of units being distributed within market rate projects. Requires additional staff resources to get projects built.

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COMMON BENEFITS

2. OFF-SITE CONSTRUCTION ALTERNATIVE

COMPLIANCE

OPTIONS
Common Benefits
Dedicated site may accommodate higher numbers or
percentages of affordable units than the original
development site .
Ability to utilize specialized financing and subsidies for all-affordable projects.
Allows for regulatory conditions:
IH requirement applies to new site
Timing & location
Administrative approval
Common Challenges
Similar to in-lieu fees:
May result in lower quality units.
May result in exclusionary patterns:
Off-site construction may be most feasible for
higher-end projects.
Affordable project sites may be in least expensive
areas of community.
New projects are generally 100% affordable instead
of units being distributed within market rate projects. Requires additional staff resources to get projects built.

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COMMON BENEFITS

3. LAND DEDICATIONALTERNATIVE

COMPLIANCE

OPTIONS
Common Benefits
Removes major bottleneck of locating an
appropriate housing site.
Dedicated site may accommodate higher numbers
or percentages of affordable units than the
original development site.
May allow use of specialized financing and
subsidies when projects are built.
Allows for regulatory conditions:
IH requirement applies to new site
Timing & location
Administrative approval
Common Challenges
Requires careful site assessments.
Resulting projects may be subject to
permitting or construction delays
Other issues similar to in-lieu fees:
May result in lower quality units.
May result in exclusionary patterns:
Requires additional staff resources to
get projects built.

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COMMON BENEFITS

4. ACQUISITION AND REHABILITATION OF EXISTING UNITS

ALTERNATIVE COMPLIANCE OPTIONS
Common Benefits
Removes bottleneck of locating an
appropriate housing site.
Dedicated site may accommodate higher
numbers or percentages of affordable.
units than the original development site.
Design and amenities may be tailored to
meet local needs.
Required ratio of rehabilitated units to new
on-site IH requirement may be tailored.

Common Challenges
Requires careful assessment of buildings and
site conditions.
Appropriate sites may be limited.
Rights of existing tenants must be respected.
Other issues similar to in-lieu fees:
May result in lower quality units.
May result in exclusionary patterns.
Requires additional staff resources to get
projects built.

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Council Discussion

Confirm basic outline of revised IHO
Provide guidance on alternative compliance options

FEEDBACK
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INCLUSIONARY HOUSING ALTERNATIVE COMPLIANCE REVIEW
City of Hollister City Council March 18, 2024
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HOLLISTER IH ORDINANCE PROJECT BACKGROUND
California Gov. Code Section 65589.8
“A local government which adopts a requirement…that a housing development shall contain fixed percentage of affordable units, shall permit a developer to satisfy all or a portion of that requirement by constructing rental housing at affordable monthly rents, as determined by the local government” E.3.a
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Chapter 17.36 – Inclusionary Housing Program

17.36.010 – Chapter Title

The Ordinance codified in this chapter shall be known and may be cited as the "Inclusionary Housing Program" of the City of Hollister.

17.36.020 – Purpose

The purpose of this Inclusionary Housing Program is to:

A. Enhance the public welfare by facilitating the development of housing affordable to households of Very Low, Low, and Moderate Income.

B. Ensure that future residential development is consistent with housing policies of the State of California and the City of Hollister.

C. Ensure that each Residential Development Project complies with the requirements of this Chapter and is consistent with the city's housing goals of developing affordable housing opportunities, creating diverse housing opportunities for existing and future residents, and maintaining economic diversity and geographically dispersed affordable housing.

17.36.030 – Definitions

A. Accessory Dwelling Unit (ADU) shall have the same meaning as defined under Section 65852.2(j) of the Government Code and shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation. An ADU may be located within an existing attached or detached garage, shed, barn or other accessory structure.

B. Administrator shall mean the Inclusionary Housing Program Administrator, which shall either be the city itself or a third-party administrator acting as an agent for the city in connection with all aspects of the operation of the Inclusionary Housing Program pursuant to an Agreement entered into between the city and the Administrator, as such agreement may be amended or replaced from time to time.

C. Affordable Dwelling Unit shall mean, for the purposes of this Chapter, a dwelling unit affordable to households earning at or below 120 percent of the county median income, including units that are affordable to Very Low, Low, and Moderate Income Households.

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D. Attached Single-Family Dwelling Unit for the purposes of this Chapter shall mean a single-family dwelling unit having one or more walls attached to and in common with one or more single-family dwellings, with each dwelling unit on a separate parcel.

E. Density Bonus shall mean a density increase over the otherwise maximum allowable density on a site pursuant to California Government Code Section 65915 and Article 15.04.602 (referred to as the “State Bonus” in this Chapter), or for any other reason.

F. Detached Single-Family Dwelling Unit shall mean a dwelling unit intended for use by a single household and not attached to any other building.

G. For-Sale Residential Development Project shall mean a Residential Development Project that includes the creation of one or more new dwelling units that may be sold individually. A For-Sale Residential Development Project also includes the conversion of a residential rental development to a residential ownership development.

H. Inclusionary Unit shall mean a dwelling unit intended for sale or rent that is required by Article 17.36.050 to be affordable to Very Low, Low, or Moderate Income Households.

I. Low Income Household shall mean a household whose income does not exceed the low income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

J. Market Rate Unit shall mean a new dwelling unit in a Residential Development Project that is not an Affordable Dwelling Unit.

K. Moderate Income Household shall mean a household whose income does not exceed the moderate income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

L. Multi-Family Unit shall mean a residential unit intended for the use of a single household that is part of a larger building having one or more walls attached to and in common with other residential units.

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M. Physical Needs Assessment shall mean a report by a qualified housing professional identifying necessary repairs, replacements and maintenance at the time of the assessment or that will likely require repair or replacement within three years of the assessment, and the estimated cost of all such items, which repair replacement and maintenance must be completed prior to the approval of the unit as an Inclusionary Unit. For the purposes of this Chapter, a "qualified housing professional" is a firm approved for that purpose by the California Housing Finance Agency.

N. Rental Residential Development Project shall mean a Residential Development Project that creates one or more dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.

O. Residential Development Project shall mean a development for which a discretionary approval or building permit is required for a residential development that includes the creation of one or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of a use from a Rental Residential Development Project to a For-Sale Residential Development Project.

P. Unit Type shall mean the type of dwelling unit, either Attached Single-Family Dwelling Unit, Detached Single-Family Dwelling Unit, or Multi-Family Unit.

Q. Very Low Income Household shall mean a household whose income does not exceed the very low income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

R. Vesting Tentative Map shall mean a map which confers certain vested rights to proceed with development for a specified period of time after recordation.

17.36.040 – Effective Date and Inclusionary Housing Requirement Applicability

A. Applicability. All For-Sale and Rental Residential Development Projects that consist of 10 or more units built anywhere in the City of Hollister shall comply with the requirements of this chapter.

B. Exemptions. The provisions of this chapter shall not apply to the following projects:

1. Accessory Dwelling Units.

2. Residential Development Projects with less than 10 dwelling units.

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3. Residential Development Projects on property with vested rights in effect on the effective date of this chapter, including:

a. Property that is part of a Vesting Tentative Map.

b. Development that is part of an existing development agreement with the city.

4. Residential Development Projects that have submitted a complete planning or building permit application along with the full payment of required application fees to the city prior to the effective date of this ordinance, provided that such Residential Development Projects shall comply with any approved affordable housing plan and any predecessor ordinance applicable to the development.

5. Residential Development Projects exempted by California Government Code Section 66474.2 or 66498.1, provided that such Residential Development Projects shall comply with any predecessor ordinance, resolution, or policy in effect on the date the application for the development was determined to be complete.

6. Residential Development Projects exempted by another state law or by final judgement of a court of competent jurisdiction.

17.36.050 – Inclusionary Housing Requirements

All new applicable Residential Development Projects shall include Inclusionary Units.

Calculations of the number of Inclusionary Units shall be based on the number of dwelling units in the Residential Development Project, without regard to any density bonus units provided pursuant to State Bonus. All required Inclusionary Units shall be built on the same site as the Residential Development Project.

A. Inclusionary Requirement. Fifteen percent of all new Residential Development Projects shall be Inclusionary Units. The fifteen percent total shall be achieved using the following allowable ranges of affordability:

1. At least seven six percent of the dwelling units shall be affordable to Very Low Income Households.

2. At least five percent of the dwelling units shall be affordable to either Very Low Income or Low Income Households.

3. At least three four percent of the dwelling units shall be affordable to either Very Low Income, Low Income or Moderate Income Households.

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B. Fractional Units. When the application of the percentages specified in Section

17.36.050.A results in a number that includes a fraction equal to one-quarter (0.25) or more, the fraction shall be rounded to the next higher whole number. In that event an additional Inclusionary Unit shall be provided. If the result includes a fraction less than one-quarter (0.25), the fraction shall be rounded down. In that event no additional Inclusionary Unit shall be required.

C. State Density Program. Any Inclusionary Units provided on site in compliance with this chapter may be used to qualify for a density bonus under California Government Code Section 65915, or any ordinance implementing Government Code Section 65915.

D. Base for Inclusionary Requirement. The number of Inclusionary Units required for a project shall be based on the total number of dwelling units in the Residential Development Project prior to the addition of units under the State Bonus.

E. Affordable Housing Agreement. The applicant shall execute a written agreement with the city indicating the number, type, location, approximate size, and construction schedule of all dwelling units as required to determine project compliance with the requirements of this chapter.

F. Construction Timing. All Inclusionary Units shall be built prior to the full build-out of Market Rate Units in the same Residential Development Project. In phased developments, inclusionary units shall be constructed and occupied in proportion to the number of Market Rate Units constructed and occupied in each phase.

1. A building permit may not be issued for any Market Rate Unit unless a proportional number of building permits has been issued for Inclusionary Units.

2. A certificate of occupancy or final inspection may not be issued for Market Rate Units unless a proportional number of certificates of occupancy or final inspections have been issued for Inclusionary Units.

17.36.060 – Alternative Compliance

Instead of providing on-site Affordable Dwelling Units as required by Section 17.36.050, developers of Residential Development Projects may fulfill the requirements of this Chapter using the following alternatives means:

A. Affordable Rental Units within For-Sale Residential Development Projects. All or a portion of the inclusionary housing requirement for a For-Sale Residential Development Project may be fulfilled by constructing as part of a For-Sale E.3.b
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Residential Development Project the same or a greater number of rental units affordable to Very Low Income, Low Income and Moderate Income households in the proportions prescribed in Section 17.36.050. Provision of affordable rental units shall be allowed only if:

1. The rental units fulfill all standards in Section 17.36.070 of this Chapter; and

2. The rental units have at least the same number of bedrooms as the for-sale units which would have been required; or any deficiency in bedroom counts is offset by additional affordable rental units.

B. Acquisition and Rehabilitation of Existing Units. An applicant may fulfill the inclusionary housing requirement by acquiring and rehabilitating existing Market Rate Units to become Inclusionary Units. Acquisition and rehabilitation of existing units in-lieu of construction of inclusionary housing requirements shall be allowed only if:

1. The city approves a Physical Needs Assessment performed by a qualified third-party housing professional approved by the city of each dwelling unit to be rehabilitated, the property upon which it is located, and any associated common areas; and all items identified in the Physical Needs Assessment as needing repair, replacement or maintenance are completed prior to the acceptance of the dwelling unit as an Inclusionary Unit.

2. The value of the rehabilitation work is 25 percent or more than the value of the dwelling unit prior to rehabilitation, inclusive of land value, which shall be demonstrated through the Physical Needs Assessment described in Subsection 1 of this section.

3. The applicant ensures that any residents residing in units to be rehabilitated find suitable replacement housing, and the applicant funds all noticing to and relocation of existing residents in the residential units to be rehabilitated.

4. The site of the units to be rehabilitated is designated for a general plan land use and is zoned for residential development at a density to accommodate the rehabilitated affordable units.

5. The use of the site with units to be rehabilitated does not constitute a nonconforming use.

6. The city approves an analysis funded by the applicant and completed by a third-party consultant approved by the city and submitted at the time of development application submittal; which demonstrates the site with units E.3.b
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to be rehabilitated is suitable for the required affordable housing development in terms of size, location, availability of sewer and water services, absence of toxins and other environmental constraints, site characteristics and surroundings.

7. The rehabilitated units have at least the same number of bedrooms as the Inclusionary Units which would have been required; or any comparative deficiency in bedroom counts is offset by additional units beyond the number of Inclusionary Units required.

8. The rehabilitation of the existing units and issuance of certificates of occupancy for such units are completed prior to or concurrently with the construction of and issuance of certificates of occupancy for the Market Rate Residential Development Project.

17.36.070 - Inclusionary Unit Standards

The following standards shall apply to all Inclusionary Units built to satisfy the requirements of this chapter.

A. Recipient Requirements. All inclusionary units shall be sold or rented to:

1. Moderate Income, Low Income or Very Low Income Households.

2. The City of Hollister or its designee.

B. Unit Type and Physical Quality. The Unit Types of the Inclusionary Units within a Residential Development Project shall:

1. Be built in the same proportion as the Market Rate Unit Types.

2. Have an average square footage of at least 85 percent of Market Rate Units with the same bedroom count.

3. Be developed with the same bedroom count ratio as the Market Rate Units.

4. Have the same interior finishes and features as the Market Rate Units.

5. Have the same exterior design and overall quality of construction as the Market Rate Units.

C. For-Sale Single-Family Residential Development Projects may include affordable Attached Single-Family Dwelling Units in a proportion that constitutes more than the proportion of Attached Single-Family Dwelling Units in the overall project.

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D. Affordable Detached Single-Family Dwelling Units counted toward the inclusionary requirement may have smaller lots than Market Rate Detached Single-Family Dwelling Units in the same Residential Development Project, provided that all lot sizes are consistent with the lot size requirements of this Title 17 (Zoning).

E. Location. All Inclusionary Units shall:

1. Be built on the same site as the remainder of the Residential Development Project and be reasonably dispersed throughout the Residential Development Project to prevent a concentration of affordable units.

2. Have the same access to common open space and shared facilities in the Residential Development Project as do the Market Rate Units.

3. Be dispersed throughout the Residential Development Project.

F. Eligibility Screening. The Administrator shall screen prospective buyers or renters of Inclusionary Units. Buyers of Inclusionary Units shall enter into an agreement with the city. Occupants must be selected by means of an open, public process that ensures that individuals of a group of interested participants are selected in accordance with the city’s adopted policies. Private selection of individuals by project owners is not permitted for any Inclusionary Units.

G. Ongoing Affordability of For-Sale Units. In order to maintain the availability of For- Sale Inclusionary Units constructed pursuant to this chapter, the following requirements shall apply to Inclusionary Units, as documented through an affordable housing agreement, as prescribed in Section 17.36.070.I, recorded against the property:

1. The affordable sales prices of for-sale Inclusionary Units shall be restricted to a period of thirty years pursuant to an affordable housing agreement recorded against the property and resets upon resale of the unit(s).

2. The owner shall occupy the Inclusionary Unit as the owner's principal place of residence within 60 days of the owner's receipt of a certificate of occupancy for the unit.

3. The owner shall reside in the Inclusionary Unit for at least 10 months out of each calendar year to be considered as occupying the Inclusionary Unit.

4. The owner shall not lease or rent the Inclusionary Unit or any portion of the Inclusionary Unit to another party. Any lease of the Inclusionary Unit or a portion of the Inclusionary Unit will constitute a default under the requirements of this chapter and the affordable housing agreement.

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H. Ongoing Affordability of Rental Units. In order to maintain the availability of Inclusionary Units constructed pursuant to this chapter, rental Inclusionary Units shall remain affordable for fifty-five years, as documented through an affordable housing agreement, as prescribed in Section 17.36.070.I, recorded against the property.

I. Affordability Agreement Documentation. The developer shall be required to execute standard documents, in a form approved by the city attorney, to ensure the continued affordability of the Inclusionary Units approved for each Residential Development Project. The documents may include, but are not limited to, Inclusionary Housing agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents. The affordability documents shall be recorded against the Residential Development Project, all Inclusionary Units, and any site subject to the provisions of this chapter.

17.36.080 – Implementation and Enforcement

A. Establishment of Guidelines by Resolution. If it so desires, the city council may adopt inclusionary housing guidelines, by resolution, to assist in the implementation of this chapter.

B. Establishment of Administration Fees by Resolution. The city council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required.

C. Enforcement. The city attorney is authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on Inclusionary Units by civil action and any other method permitted by law. The city may take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this chapter.

D. Project Approval Restrictions. No permit, license, map, or other approval or entitlement for a Residential Development Project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

E. Annual Monitoring. Homeowners will receive an annual monitoring notice from the city to confirm the owner occupancy requirement and prohibitions against rental of the dwelling. The review will provide owners with an opportunity to become familiar with the guidelines of the Inclusionary Housing Program and any changes in E.3.b
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adopted policies and procedures. For rental units, an annual monitoring notice from the city will be sent to all management agencies to confirm residents are eligible to affordable units.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 4, 2023
SUBMITTED: November 16, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: ORDINANCE NO. 1243 AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER 17.36 INCLUSIONARY HOUSING PROGRAM

BRIEF DESCRIPTION: An ordinance to adopt a new Chapter 17.36, Inclusionary Housing Program, into the Zoning ordinance, which would require new residential development to provide a percentage of the total units as affordable housing units.

RECOMMENDATION: Introduce an ordinance to adopt Chapter 17.36 Inclusionary Housing Program, hold a public hearing, and schedule a second reading of the Ordinance for the December 18, 2023 City Council meeting.

DEPARTMENT SUMMARY: The City of Hollister has engaged with Placeworks, Inc. to prepare an Inclusionary Housing Ordinance which would require all for-sale and rental residential development projects to provide a percentage of affordable housing units as part of the development project.

The City Council considered the first reading of the ordinance at their regular meeting of May 1, 2023, where the Council directed that staff and Placeworks host an additional community outreach meeting and report back the findings during an additional City Council study session. The community outreach meeting was held on August 3, 2023, and City Council study session was held on September 11, 2023. The study session staff report and memo are provided as an attachment to this report , which summarized the results of the community outreach event.

At the September 11th study session, the City Council directed staff to make the following amendments to the draft ordinance:

- Reduce the required number of affordable units from 20% to 15% of the total number of units
- The 15% requirement should be split as follows: 7% very low income, 5% low income, and 3% moderate income
- Projects with less than 10 units are exempt from the program (no change) - In-lieu fees will not be permitted for rental or for-sale housing projects - Off-site construction will not be permitted
- Land dedication in-lieu of construction will not be permitted

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Following the meeting, staff received a comment from Dennis Martin, attached, expressing concerns with the draft ordinance. The comment letter is provided as an attachment to this report. The comment letter also noted the following two sections of the Government Code, and expressed that the proposed ordinance may not be in compliance:

Government Code Section 65850

The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any of the following:

(g) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate - income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.

Government Code Section 65589.8

A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units shall permit a developer to satisfy all or a portion of that requirements by constructing rental housing at affordable monthly rents, as determined by the local government.

Nothing in this section shall be construed to expand or contract the authority of a local government to adopt an ordinance, charter amendment, or policy requiring that any housing development contain a fixed percentage of affordable housing units.

Staff have reviewed these sections and believes that the draft ordinance does not contain the required alternative compliance options as required by the government code. In order to meet these requirements, the ordinance must provide for the option to develop rental affordable units in an otherwise for-sale development project (Section 65589.8), and must provide at least one alternative means of compliance within the ordinance.

Staff have revised the draft ordinance to include the reduction in percentage of required affordable units in a development from 20% to 15% as directed by the City Council, as well as have proposed an alternative compliance option, described below.

Alternative Compliance

In the contact of an inclusionary housing ordinance, alternative compliance means another method by which a development can be deemed to have satisfied the ordinance aside from development of the required affordable units on site, as part of the development project. Common alternative compliance options include in -lieu fees, off- site construction, land dedication, and acquisition and rehabilitation of existing units.

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However, a jurisdiction could adopt any form of alternative compliance option(s) that they desired.

Based on the comments received from during the review of the draft ordinance and public meetings, staff is recommending the adoption of only one form of alternative compliance: acquisition and rehabilitation of existing units. As was heard during the meetings and public workshops on the inclusionary ordinance, there was a strong desire for inclusionary units to built as part of the new development. This was both to add new units to the market, as well as to ensure that units would be spread throughout the community, rather than concentrated in any given area. As the ordinance was originally drafted, there were no means of alternative compliance, and only a fractional in-lieu fee was offered to account for rounding when calculating the number of units that would otherwise have been required by the ordinance. The draft ordinance has been revised in accordance with the City Council’s direction to remove the fractional in -lieu fee, and instead provide policy direction to round the number of units down if the fraction in 0.25 or less, and round up if the number of units required results in a fraction greater than 0.25. As described above, in rereading the referenced sections of the government code, the ordinance should provide a rental alternative for for -sale projects, as well as at least one form of alternative compliance if a certain percentage of units is required. While the specific percentage is not proposed as policy within the Housing Element, it is proposed within the draft General Plan as a policy (to be modified to 15% based on current Council direction).

The alternative compliance method that is recommended by staff is to allow for a developer, in lieu of constructing new affordable units on site, to purchase and rehabilitate existing market rate units within the city, and make them available at restricted, affordable rents/sale prices. This option, while not directly resulting in additional housing stock within the city limits, will ensure that new affordable housing does become available at the time of new development. This addresses the concerns that arose during the review of the ordinance related to the desire for affordable housing to become available as new development occurs. Additionally, the option does not directly ensure that affordable housing does not become concentrated, but can help to make affordable housing available throughout the city where it does not currently exist through the rehabilitation of existing units. The majority of the city’s existing housing is not available at affordable rates, so this alternative option can help to diversify the existing housing stock as new development occurs.

Other alternatives were considered, such as in-lieu fees, off-site construction, and land dedication. However, staff found that these alternatives were not in compliance with previous direction provided by the City Council, and the feedback received during the course of developing the ordinance. In-lieu fees, as was brought up by members of the public and City Council, often are insufficient and do not result in the direct construction of as many units as were intended by the payment of fees, especially tak ing into consideration inflation and costs associated with a public development project versus a private development project. Off-site construction and land dedication brought up concerns related to concentration of affordable housing in the community, rather than mixing affordable and market-rate housing throughout the city as new development occurs. Land dedication additionally bears a concern of funding affordable housing development on land after it becomes under city control; potentially resulting in l ands E.3.c
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that are earmarked for affordable housing, but do not see development occur. For these reasons, staff is recommending that the City offer acquisition and rehabilitation of existing units as an alternative method of compliance within the Inclusionary Housing Ordinance, to ensure compliance with the government code.

In accordance with Section 17.02.120(C) of the Hollister Municipal Code, staff brought the revised draft ordinance before the Planning Commission on November 16, 2023 for their consideration of the proposed modifications to the ordinance. At the November 16, 2023 Planning Commission meeting the Planning Commission adopted Resolution 2023-36, recommending approval of the draft ordinance to the City Council with a change to modify the split of affordability to 5% moderate income, 5% low income, and 5% very-low income (Section 17.36.050(A) of the draft ordinance). The Planning Commission also requested that staff prepare a comparison analysis of nearby jurisdictions’ inclusionary ordinances for City Council consideration (see attachment 7).

The draft ordinance currently contains the City Council’s directed affordability split of 7% very-low income, 5% low income, and 3% moderate income. However, the Council could make a change to this section of the ordinance if they desired.

CONCLUSION:

The City of Hollister seeks to use the inclusionary ordinance as a tool to assist in the production of affordable housing. Inclusionary housing is not intended as a single solution to Hollister’s affordable housing needs. Accomplishing state and local housing goals will require an additional combination of planning and zoning strategies, city policy decisions and regional coordination. However, an inclusionary housing program is one tool that will help the City to meet its RHNA (Regional Housing Needs Allocation), and is a goal in the General Plan Update. City of Hollister staff recommend that the City Council approve the following amendments to the draft Inclusionary Housing Ordinance (Section 17.36) of the Hollister Municipal Code:

- Reduction in the percentage of required affordable units in a development from 20% to 15%
- Remove in-lieu fees, and adopt a rounding methodology for fractional units - Allow for-sale projects to construct the required affordable units as for-rent units - Allow for acquisition and rehabilitation of existing units as an alternative compliance option

FINANCIAL IMPACT: Adoption of the Inclusionary Housing Ordinance will not have a direct financial impact.

CEQA: The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378). Future development of a site will be subject to the requirements of CEQA.

ATTACHMENTS:

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1. 1. 2023.09.11 CC Staff Report_ZOA 2023-4_Inclusionary Housing

2. 2. 2023.09.11 Study Session Attachment - Inclusionary Housing Workshop Memo

3. 3. 2023.05.01 CC Staff Report_ZOA 2023-4_Inclusionary Housing

4. 4. CityofHollister_10.27.23_InclusionaryStudy_Dennis Martin

5. 5. Hollister IHO Comparative Analysis 10.20.23_Dennis Martin

6. 6. Inclusionary Chapter_Ordinance_11.07.23_Redline

7. 7. Inclusionary Housing Comparison

8. 8. Resolution 2023-36_ZOA 2023-4_IHO_Unsigned_Redline

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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ORDINANCE NO. 1243

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER

17.36 INCLUSIONARY HOUSING PROGRAM

WHEREAS, the State of California requires local governments to plan to meet the housing needs of all income groups; specifically, “local and state governments have a responsibility to use the powers vested in them to facilitate the improvements and development of housing to make adequate provision for the housing needs of all economic segments of the community” pursuant to the State Government Code Section 65580; and

WHEREAS, the City Council has determined that there is a demand for affordable housing for very low, low, and moderate income households in the City of Hollister as documented in the City of Hollister Housing Element; and

WHEREAS, Housing Element Goal H4 of the General Plan requires the City to develop affordable housing opportunities in the City; furthermore, Policy H4 of the Housing Element requires the City to establish a program for increasing affordable housing in the City by requiring residential developers to provide a percentage of the units within a residential development to very low, low, and moderate income households; and

WHEREAS, on August 3, 2020 the City Council adopted Resolution 2020 -147 accepting awarded grant funding from Housing and Community Development related to the Senate Bill 2: Building Homes and Jobs Act (SB2) planning grant program; and

WHEREAS, as part of the ongoing 2040 General Plan Update, the City Council at its regular meeting of June 21, 2021 discussed affordable housing within the City and potential inclusionary requirements, and directed staff to include a 20 percent affordability component as a recommended policy within the 2040 General Plan Update; and

WHEREAS, on November 1, 2021 the City Council, based on the recommended policy direction for the General Plan Update, directed staff to conduct a financial feasibility analysis and prepare an inclusionary ordinance which requires residential developers to include a 20 percent affordability component utilizing the awarded SB 2 Planning Grant funds; and

WHEREAS, on January 18, 2022 staff discussed the inclusionary ordinance with the City Council and the City Council reaffirmed that the inclusionary ordinance should be prepared which requires a 20 percent affordability component for all residential projects; and

WHEREAS, the Inclusionary Housing Program Financial Feasibility Analysis dated January 2023 was prepared by Placeworks; and

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WHEREAS, the Planning Commission held a duly noticed public hearing on March 23, 2023 to review the new Chapter 17.36, Inclusionary Housing Program, during which all interested parties were heard and the commission adopted Resolution 2023 -10 recommending adoption of the Inclusionary Housing Program to the City Council; and

WHEREAS, the City Council heard a first reading of the draft Chapter 17.36, Inclusionary Housing Program, during a duly noticed public hearing on May 1, 2023, and directed staff to hold an additional public outreach meeting and study session with the City Council to receive additional feedback on the draft ordinance; and

WHEREAS, a public outreach meeting was held on August 3, 2023 where interested parties were heard and feedback was received; and

WHEREAS, the City Council held a study session to discuss the draft ordinance on September 11, 2023, where they provided additional direction to staff for amendments to the draft ordinance, including a reduction in the percentage of affordable units required from 20% to 15%; and

WHEREAS, an inclusionary housing ordinance which requires 15% or less of the residential units in a development to be made affordable does not require the preparation of a financial feasibility analysis; and

WHEREAS, following the September 11, 2023 study session, staff and the City Council received a public comment which resulted in the need for additional changes to be considered within the draft ordinance; and

WHEREAS, Section 17.02.040 of the Hollister Municipal Code requires significant changes made to a proposed amendment to Title 17, Zoning, that are made after the Planning Commission has made a recommendation on an amendment should be brought back before the Planning Commission for reconsideration, prior to City Council consideration; and

WHEREAS, the Planning Commission held a duly noticed public hearing on November 16, 2023 to consider the amended draft Chapter 17.36, Inclusionary Housing Program, during which all interested parties were heard, and the Planning Commission adopted Resolution 2023-36 recommending approval of the draft ordinance to the City Council with a modification of the affordability split to 5% moderate income, 5% low income, and 5% very-low income; and

WHEREAS, the City Council held a duly noticed public hearing on December 4, 2023 to consider the amended draft Chapter 17.36, Inclusionary Housing Program, during which all interested parties were heard; and

WHEREAS, after closing the public hearing, the City Council determined to adopt Chapter 17.36, Inclusionary Housing Program; and

WHEREAS, the proposed Zoning Ordinance amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) because the proposed amendments will not result in any direct physical change to the City, and E.3.c
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therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378).

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

Title 17 is amended to add Chapter 17.36, Inclusionary Housing Program, to read as follows:

Chapter 17.36 – Inclusionary Housing Program

17.36.010 – Chapter Title

The Ordinance codified in this chapter shall be known and may be cited as the "Inclusionary Housing Program" of the City of Hollister.

17.36.020 – Purpose

The purpose of this Inclusionary Housing Program is to:

A. Enhance the public welfare by facilitating the development of housing affordable to households of Very Low, Low, and Moderate Income.

B. Ensure that future residential development is consistent with housing policies of the State of California and the City of Hollister.

C. Ensure that each Residential Development Project complies with the requirements of this Chapter and is consistent with the city's housing goals of developing affordable housing opportunities, creating diverse housing opportunities for existing and future residents, and maintaining economic diversity and geographically dispersed affordable housing.

17.36.030 – Definitions

A. Accessory Dwelling Unit (ADU) shall have the same meaning as defined under Section 65852.2(j) of the Government Code and shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single -family dwelling. An ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation. An ADU may be located within an existing attached or detached garage, shed, barn or other accessory structure.

B. Administrator shall mean the Inclusionary Housing Program Administrator, which shall either be the city itself or a third-party administrator acting as an agent for E.3.c
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the city in connection with all aspects of the operation of the Inclusionary Housing Program pursuant to an Agreement entered into between the city and the Administrator, as such agreement may be amended or replaced from time to time.

C. Affordable Dwelling Unit shall mean, for the purposes of this Chapter, a dwelling unit affordable to households earning at or below 120 percent of the county median income, including units that are affordable to Very Low, Low, and Moderate Income Households.

D. Attached Single-Family Dwelling Unit for the purposes of this Chapter shall mean a single-family dwelling unit having one or more walls attached to and in common with one or more single-family dwellings, with each dwelling unit on a separate parcel.

E. Density Bonus shall mean a density increase over the otherwise maximum allowable density on a site pursuant to California Government Code Section 65915 and Article 15.04.602 (referred to as the “State Bonus” in this Chapter), or for any other reason.

F. Detached Single-Family Dwelling Unit shall mean a dwelling unit intended for use by a single household and not attached to any other building.

G. For-Sale Residential Development Project shall mean a Residential Development Project that includes the creation of one or more new dwelling units that may be sold individually. A For-Sale Residential Development Project also includes the conversion of a residential rental development to a residential ownership development.

H. Inclusionary Unit shall mean a dwelling unit intended for sale or rent that is required by Article 17.36.050 to be affordable to Very Low, Low, or Moderate Income Households.

I. Low Income Household shall mean a household whose income does not exceed the low income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

J. Market Rate Unit shall mean a new dwelling unit in a Residential Development Project that is not an Affordable Dwelling Unit.

K. Moderate Income Household shall mean a household whose income does not exceed the moderate income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually E.3.c
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pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

L. Multi-Family Unit shall mean a residential unit intended for the use of a single household that is part of a larger building having one or more walls attached to and in common with other residential units.

M. Physical Needs Assessment shall mean a report by a qualified housing professional identifying necessary repairs, replacements and maintenance at the time of the assessment or that will likely require repair or replacement within three years of the assessment, and the estimated cost of all such items, which repair replacement and maintenance must be completed prior to the approval of the unit as an Inclusionary Unit. For the purposes of this Chapter, a "qualified housing professional" is a firm approved for that purpose by the California Housing Finance Agency.

N. Rental Residential Development Project shall mean a Residential Development Project that creates one or more dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.

O. Residential Development Project shall mean a development for which a discretionary approval or building permit is required for a residential development that includes the creation of one or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of a use from a Rental Residential Development Project to a For-Sale Residential Development Project.

P. Unit Type shall mean the type of dwelling unit, either Attached Single -Family Dwelling Unit, Detached Single-Family Dwelling Unit, or Multi-Family Unit.

Q. Very Low Income Household shall mean a household whose income does not exceed the very low income limits applicable to San Benito County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 by the California Department of Housing and Community Development.

R. Vesting Tentative Map shall mean a map which confers certain vested rights to proceed with development for a specified period of time after recordation.

17.36.040 – Effective Date and Inclusionary Housing Requirement Applicability

A. Applicability. All For-Sale and Rental Residential Development Projects that consist of 10 or more units built anywhere in the City of Hollister shall comply with the requirements of this chapter.

B. Exemptions. The provisions of this chapter shall not apply to the following projects:

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1. Accessory Dwelling Units.

2. Residential Development Projects with less than 10 dwelling units.

3. Residential Development Projects on property with vested rights in effect on the effective date of this chapter, including:

a. Property that is part of a Vesting Tentative Map.

b. Development that is part of an existing development agreement with the city.

4. Residential Development Projects that have submitted a complete planning or building permit application along with the full payment of required application fees to the city prior to the effective date of this ordinance, provided that such Residential Development Projects shall comply with any approved affordable housing plan and any predecessor ordinance applicable to the development.

5. Residential Development Projects exempted by California Government Code Section 66474.2 or 66498.1, provided that such Residential Development Projects shall comply with any predecessor ordinance, resolution, or policy in effect on the date the application for the development was determined to be complete.

6. Residential Development Projects exempted by another state law or by final judgement of a court of competent jurisdiction.

17.36.050 – Inclusionary Housing Requirements

All new applicable Residential Development Projects shall include Inclusionary Units.

Calculations of the number of Inclusionary Units shall be based on the number of dwelling units in the Residential Development Project, without regard to any density bonus units provided pursuant to State Bonus. All required Inclusionary Units shall be built on the same site as the Residential Development Project.

A. Inclusionary Requirement. Fifteen percent of all new Residential Development Projects shall be Inclusionary Units. The fifteen percent total shall be achieved using the following allowable ranges of affordability:

1. At least seven percent of the dwelling units shall be affordable to Very Low Income Households.

2. At least five percent of the dwelling units shall be affordable to either Very Low Income or Low Income Households.

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3. At least three percent of the dwelling units shall be affordable to either Very Low Income, Low Income or Moderate Income Households.

B. Fractional Units. When the application of the percentages specified in Section

17.36.050.A results in a number that includes a fraction equal to one-quarter (0.25) or more, the fraction shall be rounded to the next higher whole number. In that event an additional Inclusionary Unit shall be provided. If the result includes a fraction less than one-quarter (0.25), the fraction shall be rounded down. In that event no additional Inclusionary Unit shall be required.

C. State Density Program. Any Inclusionary Units provided on site in compliance with this chapter may be used to qualify for a density bonus under California Government Code Section 65915, or any ordinance implementing Government Code Section 65915.

D. Base for Inclusionary Requirement. The number of Inclusionary Units required for a project shall be based on the total number of dwelling units in the Residential Development Project prior to the addition of units under the State Bonus.

E. Affordable Housing Agreement. The applicant shall execute a written agreement with the city indicating the number, type, location, approximate size, and construction schedule of all dwelling units as required to determine project compliance with the requirements of this chapter.

F. Construction Timing. All Inclusionary Units shall be built prior to the full build-out of Market Rate Units in the same Residential Development Project. In phased developments, inclusionary units shall be constructed and occupied in proportion to the number of Market Rate Units constructed and occupied in each phase.

1. A building permit may not be issued for any Market Rate Unit unless a proportional number of building permits has been issued for Inclusionary Units.

2. A certificate of occupancy or final inspection may not be issued for Market Rate Units unless a proportional number of certificates of occupancy or final inspections have been issued for Inclusionary Units.

17.36.060 – Alternative Compliance

Instead of providing on-site Affordable Dwelling Units as required by Section 17.36.050, developers of Residential Development Projects may fulfill the requirements of this Chapter using the following alternatives means:

A. Affordable Rental Units within For-Sale Residential Development Projects. All or a portion of the inclusionary housing requirement for a For-Sale Residential E.3.c
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Development Project may be fulfilled by constructing as part of a For-Sale Residential Development Project the same or a greater number of rental units affordable to Very Low Income, Low Income and Moderate Income households in the proportions prescribed in Section 17.36.050. Provision of affordable rental units shall be allowed only if:

1. The rental units fulfill all standards in Section 17.36.070 of this Chapter; and

2. The rental units have at least the same number of bedrooms as the for - sale units which would have been required; or any deficiency in bedroom counts is offset by additional affordable rental units.

B. Acquisition and Rehabilitation of Existing Units. An applicant may fulfill the inclusionary housing requirement by acquiring and rehabilitating existing Market Rate Units to become Inclusionary Units. Acquisition and rehabilitation of existing units in-lieu of construction of inclusionary housing requirements shall be allowed only if:

1. The city approves a Physical Needs Assessment performed by a qualified third-party housing professional approved by the city of each dwelling unit to be rehabilitated, the property upon which it is located, and any associated common areas; and all items identified in the Physical Needs Assessment as needing repair, replacement or maintenance are completed prior to the acceptance of the dwelling unit as an Inclusionary Unit.

2. The value of the rehabilitation work is 25 percent or more than the value of the dwelling unit prior to rehabilitation, inclusive of land value, which shall be demonstrated through the Physical Needs Assessment described in Subsection 1 of this section.

3. The applicant ensures that any residents residing in units to be rehabilitated find suitable replacement housing, and the applicant funds all noticing to and relocation of existing residents in the residential units to be rehabilitated.

4. The site of the units to be rehabilitated is designated for a general plan land use and is zoned for residential development at a density to accommodate the rehabilitated affordable units.

5. The use of the site with units to be rehabilitated does not constitute a nonconforming use.

6. The city approves an analysis funded by the applicant and completed by a third-party consultant approved by the city and submitted at the time of E.3.c
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development application submittal; which demonstrates the site with units to be rehabilitated is suitable for the required affordable housing development in terms of size, location, availability of sewer and water services, absence of toxins and other environmental constraints, site characteristics and surroundings.

7. The rehabilitated units have at least the same number of bedrooms as the Inclusionary Units which would have been required; or any comparative deficiency in bedroom counts is offset by additional units beyond the number of Inclusionary Units required.

8. The rehabilitation of the existing units and issuance of certificates of occupancy for such units are completed prior to or concurrently with the construction of and issuance of certificates of occupancy for the Market Rate Residential Development Project.

17.36.070 - Inclusionary Unit Standards

The following standards shall apply to all Inclusionary Units built to satisfy the requirements of this chapter.

A. Recipient Requirements. All inclusionary units shall be sold or rented to:

1. Moderate Income, Low Income or Very Low Income Households.

2. The City of Hollister or its designee.

B. Unit Type and Physical Quality. The Unit Types of the Inclusionary Units within a Residential Development Project shall:

1. Be built in the same proportion as the Market Rate Unit Types.

2. Have an average square footage of at least 85 percent of Market Rate Units with the same bedroom count.

3. Be developed with the same bedroom count ratio as the Market Rate Units.

4. Have the same interior finishes and features as the Market Rate Units.

5. Have the same exterior design and overall quality of construction as the Market Rate Units.

C. For-Sale Single-Family Residential Development Projects may include affordable Attached Single-Family Dwelling Units in a proportion that constitutes more than the proportion of Attached Single-Family Dwelling Units in the overall project.

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D. Affordable Detached Single-Family Dwelling Units counted toward the inclusionary requirement may have smaller lots than Market Rate Detached Single-Family Dwelling Units in the same Residential Development Project, provided that all lot sizes are consistent with the lot size requirements of this Title 17 (Zoning).

E. Location. All Inclusionary Units shall:

1. Be built on the same site as the remainder of the Residential Development Project and be reasonably dispersed throughout the Residential Development Project to prevent a concentration of affordable units.

2. Have the same access to common open space and shared facilities in the Residential Development Project as do the Market Rate Units.

3. Be dispersed throughout the Residential Development Project.

F. Eligibility Screening. The Administrator shall screen prospective buyers or renters of Inclusionary Units. Buyers of Inclusionary Units shall enter into an agreement with the city. Occupants must be selected by means of an open, public process that ensures that individuals of a group of interested participants are selected in accordance with the city’s adopted policies. Private selection of individuals by project owners is not permitted for any Inclusionary Units.

G. Ongoing Affordability of For-Sale Units. In order to maintain the availability of For-Sale Inclusionary Units constructed pursuant to this chapter, the following requirements shall apply to Inclusionary Units, as documented through an affordable housing agreement, as prescribed in Section 17.36.070.I, recorded against the property:

1. The affordable sales prices of for-sale Inclusionary Units shall be restricted to a period of thirty years pursuant to an affordable housing agreement recorded against the property and resets upon resale of the unit(s).

2. The owner shall occupy the Inclusionary Unit as the owner's principal place of residence within 60 days of the owner's receipt of a certificate of occupancy for the unit.

3. The owner shall reside in the Inclusionary Unit for at least 10 months out of each calendar year to be considered as occupying the Inclusionary Unit.

4. The owner shall not lease or rent the Inclusionary Unit or any portion of the Inclusionary Unit to another party. Any lease of the Inclusionary Unit or E.3.c
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a portion of the Inclusionary Unit will constitute a default under the requirements of this chapter and the affordable housing agreement.

H. Ongoing Affordability of Rental Units. In order to maintain the availability of Inclusionary Units constructed pursuant to this chapter, rental Inclusionary Units shall remain affordable for fifty-five years, as documented through an affordable housing agreement, as prescribed in Section 17.36.070.I, recorded against the property.

I. Affordability Agreement Documentation. The developer shall be required to execute standard documents, in a form approved by the city attorney, to ensure the continued affordability of the Inclusionary Units approved for each Residential Development Project. The documents may include, but are not limited to, Inclusionary Housing agreements, regulatory agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents. The affordability documents shall be recorded against the Residential Development Project, all Inclusionary Units, and any site subject to the provisions of this chapter.

17.36.080 – Implementation and Enforcement

A. Establishment of Guidelines by Resolution. If it so desires, the city council may adopt inclusionary housing guidelines, by resolution, to assist in the implementation of this chapter.

B. Establishment of Administration Fees by Resolution. The city council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required.

C. Enforcement. The city attorney is authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other requirements placed on Inclusionary Units by civil action and any other method permitted by law. The city may take such enforcement action as is authorized under this code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this chapter.

D. Project Approval Restrictions. No permit, license, map, or other approval or entitlement for a Residential Development Project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

E. Annual Monitoring. Homeowners will receive an annual monitoring notice from the city to confirm the owner occupancy requirement and prohibitions against rental of the dwelling. The review will provide owners with an opportunity to become familiar with the guidelines of the Inclusionary Housing Program and any E.3.c
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changes in adopted policies and procedures. For rental units, an annual monitoring notice from the city will be sent to all management agencies to confirm residents are eligible to affordable units.

INTRODUCED at a regular City Council meeting on the 4th day of December, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 4th day of December, 2023, by the following vote:

RESULT: DEFEATED [2 TO 2]
MOVER: Mia Casey, Mayor
SECONDER: Dolores Morales, District 3
AYES: Casey, Morales
NAYS: Resendiz, Burns
ABSENT: Perez

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. 1243 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 4th day of December, 2023, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of December, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: February 8, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RECEIVE PRESENTATION ON THE VETERANS MEMORIAL

BUILDING OPERATING AGREEMENT AND PROVIDE POSSIBLE DIRECTION

BRIEF SUMMARY: Staff will provide a presentation regarding options for an operating agreement for the Veterans' Memorial Building.

RECOMMENDATION: Receive presentation and provide possible direction to staff regarding the Veterans' Memorial Building operator agreement.

DEPARTMENT SUMMARY: The current operating agreement between the City of Hollister and the Veterans of Foreign Wars Post 9242 and American Legion Post 69 for the Veteran’s Memorial Building was executed on April 22, 2019 is set to expire on April 22, 2024. Staff will provide a presentation to the City Council to discuss potential options including negotiating a new operating agreement with the existing operator, issuing a formal solicitation for an operator, or operating the facility with city staff.

Staff have been working with the current operators and have been informed that the American Legion Post 69 desires to continue serving as the facility operator. The Veterans of Foreign Wars Post 9242 would not continue to serve as the co -operator but would still retain access to the building as set forth in the agreement that transferred ownership of the facility from the County of San Benito to the City of Hollister.

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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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 13, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

TITLE OF ITEM: ORDINANCE NO. 1249 AN ORDINANCE OF CITY OF HOLLISTER AMENDING SECTION 02.04.050 OF CHAPTER 02.04 OF TITLE 2 OF THE

HOLLISTER MUNICIPAL CODE

BRIEF DESCRIPTION: A change to the City Council meeting start time requires an ordinance amendment and must comply with the Brown Act.

RECOMMENDATION: Introduce an ordinance amending Section 02.04.050 (“Meetings – Time and place – Held in conformity with state law”) of chapter 02.04 (“City Council”) of title 2 (“Administration and Personnel”) of the City of Hollister (“City”) Municipal Code.

DEPARTMENT SUMMARY: At the March 4, 2024, City Council meeting the City Council directed staff to amend the City Municipal Code so that regular City Council meetings begin at 9:00 a.m. on the first and third Tuesdays of the month rather than 6:30 p.m. on the first and third Mondays of the month. The purpose of this amendment is to ensure City Council meetings end earlier in the day.

The additional ordinance language is shown below in green, and the removed ordinance language is shown in red and strikethrough.

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 Tuesdays Mondays of each month at the hour of 9:00 a.m. 6:30 p.m. in the council chambers in 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.

FINANCIAL IMPACT: There is no fiscal impact.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

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David Mirrione, City Manager

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ORDINANCE NO. 1249

AN ORDINANCE OF CITY OF HOLLISTER AMENDING SECTION 02.04.050 OF CHAPTER 02.04 OF TITLE 2 OF THE HOLLISTER MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 02.04.050 (“Meetings – Time and place – Held in conformity with state law”) of chapter 02.04 (“City Council”) of title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code is hereby amended in its entirety to read as follows:

02.04.050 – Meetings – Time and place – Held in conformity with state law.

The city council shall hold regular meetings on the first and third Tuesdays of each month at the hour of 9:00 a.m. in the council chambers in city hall. 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.

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. The City Clerk is hereby directed to post a summary and certified copy of this ordinance in the City Clerk’s office at least five (5) days prior to adoption and to publish a summary of the ordinance in the Free Lance, a newspaper of general circulation, within fifteen (15) days after its adoption.

INTRODUCED at a regular City Council meeting on the ____ day of _________, 20____.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 2024, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

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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. 1249 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 11, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: CITY COUNCIL REVIEW OF THE CITY OF HOLLISTER CITY

COUNCIL TRAVEL POLICY

BRIEF DESCRIPTION: City Council to review the City’s travel policy for councilmembers and provide direction to staff for updates to the policy, including possible updates to travel and/or other costs associated with councilmembers attendance at events.

RECOMMENDATION: Receive report and provide direction to staff regarding updates to the City’s policy on councilmember travel and training at required and/or discretionary events.

DEPARTMENT SUMMARY:

At the June 5, 2023 City Council meeting the City Council adopted an administrative policy entitled City Council Travel Policy. The purpose of the policy was to recognize the constructive value of professional conferences, seminars, meetings, and trainings while also establishing reasonable business travel guidelines for the City Council and other City Council-appointed commissioners and committee members that are fair, accountable, and transparent. This policy announced that covered travelers shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging, and other actual and necessary expenses associated with attending such events.

While the City Council Travel Policy does include parameters for different types of travel, including a delineation between business and personal travel, the policy does not discuss parameters for how covered costs will be administered for the following events:

• Required Events: Events that are necessary because of the person’s role; and

• Discretionary Events: Events where attendance is not mandatory, but the person attends because their participation in the event creates a direct benefit to the City of Hollister.

Section 1.1 of the City Council Travel Policy announces that any changes to the policy shall be adopted by the City Council. Therefore, if the City Council wants to modify the policy in any way, up to and including adding language associated with Required Events and/or Discretionary Events, the City Council would need to provide E.6
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that direction to staff so the policy can be updated and a revised policy can then be considered, and voted-on, by the City Council during a City Council meeting.

FINANCIAL IMPACT: The City budgeted $5,000 for each councilmember, a grand total of $25,000 for the entire City Council, for costs associated with traveling to covered events during Fiscal Year 2023-24. The budget for City Council-appointed commissioners and committee members has been included with appropriations for specific departments/divisions within the City’s FY 2023-24 annual budget. As with all budget items, these appropriations are subject to annual review and approval by the City Council during the City’s annual budget process.

Modifications to the City Council Travel Policy could modify the financial impact to the City. However, those potential impacts are unknown until if/when the City Council makes amendments to the policy and/or budget.

CEQA: Not a project.

ATTACHMENTS:

1. City Council Travel Policy

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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Exhibit A
City of Hollister
City Council Travel
Policy

SUMMARY OF CONTENTS

June 2023

1. Scope and Purpose ........................................................................................................................... 2

2. Policy ............................................................................................................................................ 2

3. Travel Arrangements .................................................................................................................... 4

4. Lodging ......................................................................................................................................... 5

5. Meals ............................................................................................................................................ 6

6. Transportation ............................................................................................................................. 6

7. Additional Reimbursements ......................................................................................................... 9

8. International Travel ................................................................................................................... 10 E.6.a
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1. Scope and Purpose

1.1 Scope

This Administrative Policy Instruction (API) applies to City of Hollister (City) City Council Members and other City Council appointed commissioners and committee members (travelers) who travel on official business for the City of Hollister.

All travel arrangements, reconciliations and reimbursements shall be performed within the scope of delegated authority and in compliance with all applicable Federal statutes, State, and City codes, and policies.

This policy shall be formally adopted by the City Council and any changes thereto shall also be adopted by City Council.

1.2 Purpose

The City of Hollister recognizes the constructive value of professional conferences, seminars, meetings, and training and provides travel funds for Travelers who attend such official events. Travelers shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in this policy. The purpose of this policy is to establish business travel guidelines for City Council and other City Council appointed commissioners and committee members that are fair, accountable, and transparent.

2. Policy

2.1 Responsibilities

A. Finance Department: Administers and monitors compliance of the travel policy and processes Traveler requests for travel prepayments, advances, and reimbursements.

B. City Manager’s Office Staff: Available to facilitate travel arrangements and reservations, complete travel request forms, provide access to Traveler’s available travel budget balance, agenda reports for City Council approval, and other administrative support relating to travel and complying with this travel policy.

C. City Council (or designee): Approves travel requests before travel. The City Council may delegate this authority, but they are ultimately responsible for ensuring that all approved travel requests comply with the travel policy and that funds are available within the Traveler's budget for the approved travel. An approval of the City Council means a majority vote of the City Council at a public City Council meeting.

D. City Manager (or designee): Approves travel reconciliations and reimbursements of Traveler after travel. The City Manager may delegate this authority, but they are ultimately responsible for ensuring that all approved reconciliations and reimbursements comply with the travel policy and that funds are available within the budget for the final reimbursement. If the budget is exceeded after approved travel occurred, the Traveler would need to let the Traveler E.6.a
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know and agendize a budget amendment for City Council approval.

E. Traveler: Represents the City of Hollister at an approved event (meeting, training, conference, etc.) and verifies the accuracy of bills and other travel documents before accepting or paying said bills, reports all expenses promptly and accurately with the required documentation, and requests reimbursement for necessary and reasonable expenses.

2.2 General Provisions

A. Travelers are responsible for understanding and complying with this travel policy and are expected to exercise good judgment with respect to travel expenses.

B. It is the policy of the City of Hollister that no Traveler shall experience personal financial loss for reasonable and necessary costs as a result of representing the City of Hollister, as long as the expenses are within the guidelines set forth in this policy.

C. Each City Council Member will have a travel budget set annually during the budget adoption. City Council Members may not exceed their travel budget. City Council may approve increases to a travel budget.

D. Non-City Council Members traveler budget amounts will be set annually during the budget adoption as a pool of funds available for all non-City Council member travel.

E. Business travel commences when the Traveler leaves his/her home or City Hall for official City business for a destination at least 25 miles outside the City. Generally, business travel ends when the Traveler returns to their residence or City Hall. Same Day Travel: Trips of less than 25 miles one way from Hollister are considered local travel and do not qualify for an overnight stay or per diem rates.

F. Attendance at out-of-state conferences and meetings should be limited to events where comparable conferences or meetings are not available within the state or online.

G. Travelers shall provide brief reports at the next regular meeting on their business travel and meetings attended at the expense of the City (as required by Government Code 53232.3(d)).

H. If a trip includes both business and personal travel, Travelers are personally responsible for any personal travel expenses.

I. Reimbursement of travel expenses is limited to travel by the most direct and common route and by the most economical means of transport. That portion of any travel, which is unnecessarily done by indirect route, is not in the interest of the City, or is for personal business, will not be reimbursed.

J. Expenses which are not approved or which are not in compliance with this policy, such as delinquent submission of travel documents or outstanding balances owed to the City, will become the Traveler's personal responsibility and may result in any one or more of the following consequences (as outlined in Government Section 53232.4):

1. Notification to the full City Council regarding violations of this policy.

2. Reporting travel advances or expense reimbursements as taxable income to the Internal Revenue Service (IRS) and State of California taxing authority.

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3. Suspension of travel privileges at the discretion of the City Council.

4. Formal disciplinary procedures at the discretion of the City Council.

5. Require the Traveler to return any travel funds that were advanced.

2.3 Authorization for Travel

A. Travelers must obtain City Council or authorized designee approval prior to making travel arrangements.

B. Travelers are personally responsible for any changes or upgrades in transportation and/or accommodations that are not approved by the City Council or designee.

2.4 Examples of types of travel which are covered by this policy are as follows:

A. Attendance at City events, an approved conference, convention, hearing, training, seminar, or other meeting.

B. Communicating with representatives of regional, state, and national government on City adopted policy positions.

C. Attending educational seminars designed to improve Traveler's skills and knowledge levels.

D. Participating in regional, state, and national organizations whose activities affect the City's interests.

E. Implementing a City-approved strategy for attracting or retaining businesses.

F. Other such activities requiring travel which is clearly necessary and in the best interest of the City.

2.5 Travel Funded by Another Entity

In advance of travel, the City Council must determine if the Traveler is to be reimbursed at either the City's or the other entity's per diem rate. If the travel costs are borne by the City, reimbursement from the other entity shall be paid to the City. If another entity's funds are used, no City advance shall be made unless approved by the City Council or authorized designee.

2.6 Public Records Requirement

All documents related to reimbursable City travel expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270). The City's Records Retention Schedule requires that travel documents be retained for five (5) years.

3. Travel Arrangements

3.1 Advances for estimated out-of-pocket expenses will not be issued for less than $100.

3.2 In order to assure timely arrangements, advances, prepayments, reconciliations, and reimbursements, Travelers should consider the following timelines:

A. Within ten (10) working days prior to the City Council meeting to approve the request: The travel request should be coordinated with the City Manager’s Staff to agendize the travel request for City Council approval.

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B. At least ten (10) working days prior to the trip: City Council approval date should be at least ten (10) working days prior to the trip. Requests for advances and prepayments (such as those for hotel reservation and course/conference registration) are to be submitted to the Finance Division.

C. Within twenty (20) working days following the trip (unless on a CalCard): The required receipts are to be submitted to the Finance Division upon return from the approved trip. The following table highlights acceptable types of travel documentation:

Item Documentation Required
Meals and Incidentals None unless Traveler claims actual costs if he or she exceeds Incidentals the daily per diem.

Lodging 1. Hotel receipts must be itemized.

2. Meals charged to the room should be listed separately from hotel charges.

3. Credit card receipts may not be substituted for itemized hotel receipts.

Transportation (Air,
Ground, Rail, or Bus)
Itinerary or confirmation document.

Itemized receipt unless not available.

Registration Fees Receipt and copy of conference agenda.

City Vehicle Gas receipts- unless Traveler was issued a City Calcard.

Private Vehicle 1. Authorization by City Council or authorized designee.

2. Documentation that demonstrates mileage calculation (e.g., Internet- based map with mileage).

3. Gas is not reimbursed as it is part of the mileage rate.

3.4 Emergency Travel

Emergency travel is applicable only when time constraints between completion of approval from City Council and the date of the actual event do not allow for standard procedures to be followed. In this occasion, the City Council or their authorized designee must approve the travel request as soon as possible after the fact. Generally, conferences and meetings do not constitute emergency travel. City policy regarding transportation, lodging, meals, registration, and mileage are still applicable.

4 Lodging

4.1 Lodging Reimbursement

Reimbursement of lodging is limited to the actual cost of a single room. When making arrangements for lodging, the government, group, conference, or promotional rates shall be requested. The City will not reimburse the Traveler for luxury upgrades (e.g., ocean views, king-size beds, suites, etc.). When lodging at a conference facility is full, lodging at a comparable hotel shall be acceptable. An original, dated and itemized hotel receipt must accompany completed claims for lodging.

4.2 Cancellations

Hotel cancellations are the responsibility of the Traveler. Hotels generally require a 48-hour advance notice for cancellations. Any cancellation charges incurred will be billed to the Traveler unless reasonable justification is provided and approved by the City Council or authorized designee.

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4.3 Companion Travel

When a spouse, domestic partner, or other companion travel with a Traveler on official business, reimbursement for the Traveler's lodging will be at the single occupancy rate for the accommodations.

If the Traveler arranges for the lodging it is the responsibility of the Traveler to obtain the lodging rate for both single and double occupancy.

4.4 Lodging in a Private Residence

Travelers who stay in a private residence with relatives or friends while traveling on business are not eligible for reimbursement of lodging costs.

5 Meals

5.1 Reimbursement Rates

Reimbursement for meals shall be made only when travel extends for a minimum of six (6) hours except when specifically approved otherwise by the City Council or authorized designee.

Reimbursement shall be at the current per diem rate established by the U.S. Government General Services Administration (GSA).

If the meal expense exceeds the per diem maximum, a memorandum or e-mail justifying the additional expenses must be approved by the Administrative Services Director or authorized designee. Itemized receipts are required for all meal reimbursement claims that exceed the per diem amount.

Note: As a reminder, IRS rules state that meal reimbursements for non-overnight travel results in taxable income to the City Council member.

5.2 Reimbursement Schedule

In order to be reimbursed for the cost of meals, travel must begin or end as shown in the following schedule:

Meals Departure on Initial Day
of Travel
Return on Final Day of
Travel
Breakfast Before 7:00 am After 10:00 am
Lunch Before 11:00 am After 2:00 pm
Dinner Before 4:00 pm After 7:00 pm

To determine eligibility for reimbursement, travel shall be considered to begin when the Traveler departs his or her residence or City Hall.

5.4 Tips

Gratuities for meals are included in the per diem rates and are not reimbursed separately.

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6 Transportation

Travel will be by the most economical means available, taking into consideration requirements for meal reimbursement, lodging, and Traveler time. When a private vehicle is used as the means of transportation, reimbursement will be in an amount not to exceed the lowest available airfare.

However, if a location is not served by an airline, reimbursement will be provided for travel by the most direct route.

6.1 Air Travel

A. Arrangements

1. Air travel arrangements for Travelers are to be made by the Traveler through the Internet, travel agency, or directly through the common carrier.

2. The Traveler will arrange for reservations and tickets for approved travel requests. The most economical means available fare will be used for air travel. As a general rule, Travelers will be expected to accept flights departing within two (2) hours of the desired departure time.

B. Changes, Cancellations and Unused Tickets

Generally, tickets are non -refundable and non-transferable and fees will be incurred for any changes made once the reservations are booked. Flights with cancellation penalties should be carefully monitored by the Traveler. If cancellation occurs due to a City -related change or circumstances beyond the Traveler's control, the Traveler’s budget will pay for the penalty cost.

However, if the cancellation occurs due to a Traveler's personal request, the Traveler will be required to pay the penalty. Unused tickets or portions of unused tickets must be returned to the department. For tickets purchased through the Internet, the Traveler should work with the City Manager’s office to ensure credit is received for unused tickets or portions of unused tickets.

C. Privately-owned Aircraft

Travelers are prohibited from piloting or traveling in privately -owned aircraft (i.e., non-commercial airlines), while conducting City business without written approval of the City Council. Written approval will be maintained by the City Manager’s office.

D. Frequent Flyer Mileage

Travelers may participate in frequent flyer programs however the City will not incur extra expenses in order to accommodate the Traveler's preferred frequent flyer program.

6.2 Car Rental

A. Travelers should use public transportation (taxis, airport shuttles, buses, etc.) whenever it is more economical than a rental car. City Council may approve car rentals. Generally, a rental car should be requested when:

1. Multiple business meetings require travel between locations and public transportation is impractical.

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2. Two travelers are attending the same meeting and one rental car for the group would be more economical.

3. It is less expensive to rent a car overall compared to alternative forms of transportation.

B. Arrangements

Travelers should request car rental arrangements through the Enterprise Rent-a-Car App on the City’s intranet page. This agreement was established for use by the State of California, whose rates (which includes insurances) have been made available to the City.

C. Insurance

Because the City of Hollister assumes risk for a Traveler conducting official City business, it is not necessary for the Traveler to purchase extra insurance coverage when renting a car for City business use. Additionally, Travelers are encouraged to use rental agencies that have contracts with the State of California because those rates generally include the Collision Damage Waiver and Liability Coverage. Travelers may choose to purchase additional insurance, but it will not be reimbursed by the City.

D. Fuel

Travelers must fill the gas tank before returning a rental car to avoid fuel surcharges. Or, if it is the most economical means available a Traveler can use the prepaid fuel option. Receipts are necessary for reimbursement of fuel costs unless the Traveler uses a City-issued CaIcard.

6.3 Travel by City Vehicle

A. Travelers who use City vehicles must follow the provisions of the City's Policy.

B. If more than one Traveler is traveling on the same trip, all reasonable efforts will be made to minimize transportation costs by use of a single vehicle.

6.4 Travel by Private Vehicle

A. Authorization

City Council or designee approval is required when the Traveler requests to use a private vehicle.

B. Reimbursement

The City will reimburse for mileage at the current IRS standard rate per mile which includes gas, maintenance, and vehicle related costs. Gas costs will not be reimbursed separately. The City's maximum mileage reimbursement will not exceed the cost of the lowest available airfare.

C. Carpooling Travelers

Mileage reimbursement will be payable only to the owner of the vehicle in which the Travelers are carpooling.

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6.5 Collisions/ Accidents

A. City Owned Vehicles and Privately Owned Vehicles

Travelers who are involved in vehicle collisions or accidents while driving a City owned vehicle or privately owned vehicle while on City business are required to file an accident report with Risk Management within 24 hours (48 hours if the accident occurs on a weekend).

B. Rental Cars

Travelers who are involved in vehicle collisions while driving a rental car must report the accident to Risk Management within 24 hours (48 hours if the accident occurs on a weekend). The Traveler should keep a copy of all pertinent information and provide copies to Risk Management to assist in settling claims.

6.6 Other

Trains, buses, ferries, or other means of ground transportation may be used. Reimbursement will not exceed the cost of the most economical means available.

7 Additional Reimbursements

7.1 Incidental per diem.

For each day of travel, the employee will receive a reimbursement at the current GSA daily rate for incidental travel expenses. Personal telephone calls, baggage handling, and bellhop tips are examples of incidental costs covered by this per diem.

7.2 Other Reimbursable Expenses

A. The following expenses are reimbursable at actual cost with receipts:

1. Necessary taxicab, Uber or Lyft, airport transportation, bus fare, bridge tolls, etc.

2. Conference materials such as tapes, reports, etc.

3. Parking fees

4. Reasonable telephone/fax/internet connectivity charges associated with official City business

5. Visa and passport expenses, when directly related to City travel

B. Without receipt at actual cost:

1. BART (Bay Area Rapid Transit) and other rapid transit system fares (must include fee schedule with reimbursement request).

C. Other justifiable expenses

Other justifiable expenses will be approved based on review of special circumstances.

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10 | P a g e

7.3 Non-reimbursable Expenses

A. Airline-related: Airline club membership dues, air-phone usage, in-flight headsets B. Alcoholic beverages
C. Auto-related: Rental upgrades, personal auto repairs, accident insurance, parking tickets, traffic violations, personal auto expenses other than mileage
D. Claims submitted for reimbursement more than twenty (20) working days following the Traveler's return from the approved trip
E. Expenses associated with a non-City employee who accompanies the Traveler on official City business (e.g., spouse or domestic partner's transportation, lodging, and/or meals) F. Hotel-related: Health club fees, room upgrades, movie rentals, mini-bar usage G. Loss or theft of personal funds, property or luggage H. Non-essential program activities associated with a conference/seminar unless approved by City Council, such as sports tournaments, social activities, tours, etc., that are not included with the conference registration
I. Personal expenses: Personal credit card annual fees, babysitting or dependent care, pet care (including kennel and pet sitting fees), computer rental for personal use, barber, hairdresser, laundry, spa services (saunas, massages, facials, etc.), toiletries, shoeshine, etc.

7.4 Extended Personal Travel

Travelers who combine personal travel with business travel must identify and pay for the personal segment of the trip. The City will not reimburse a Traveler for expenses incurred beyond the most economical means available portion of the business travel when the Traveler chooses to extend his/her time at the destination for personal reasons (i.e., the Traveler takes vacation or stays through the weekend). Reimbursable expenses will cease to accrue when the Traveler is outside the most economical means available portion of the business portion of the trip. Reimbursement for car rental and airport parking must be prorated to allow reimbursement for only those costs associated with City business.

8 International Travel

The most economical and practical accommodations available considering the purpose of the meeting, transportation costs, time and other relevant factors will be reimbursed. Receipts for international travel must be itemized and accompanied by an exchange rate calculation.

International travel should have prior approval from the City Council.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 12, 2024
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

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

THE CITY OF HOLLISTER, ACTING IN ITS CAPACITY AS THE SUCCESSOR

AGENCY FOR THE CITY OF HOLLISTER REDEVELOPMENT AGENCY (RDA), TO

ADOPT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2024 - JUNE 30, 2025

BRIEF DESCRIPTION: This Resolution adopts the Successor Agency Recognized Obligation Payment Schedule for the period July 1, 2024 to June 30, 2025 along with the administrative cost allowance.

RECOMMENDATION: The City Council acting in its capacity as the Successor Agency to the former Hollister Redevelopment Agency (RDA), adopts a resolution adopting a FY 2024-25 Recognized Obligation Payment Schedule (ROPS) for the period July 1, 2024 to June 30, 2025.

DEPARTMENT SUMMARY: Staff has prepared Recognized Obligation Payment Schedule (ROPS) for Fiscal Year 2024-25 with the template provided by the Department of Finance (DOF) which is attached to the report. This template is used by the DOF and County Auditor-Controller to determine the amount of property tax increment that will be paid to the Successor Agency to wind down the affairs of the former Redevelopment Agency.

The FY 2024-25 ROPS includes anticipated expense called enforceable obligations.

Most of the expenses are related to paying off bonds of the former RDA. There is an administrative cost allowance for winding down the former RDA which helps defer costs associated with existing non-housing loan agreement and Finance Department administration. The City Council, acting in its capacity for the Successor Agency , is being asked to approve the FY 2024-25 ROPS at tonight’s meeting.

The ROPS is then reviewed by the local Oversight Board and then submitted to the DOF and County Auditor-Controller by February 1 of each year. The FY 2024-25 ROPS is late due to a series of administrative delays. However, City staff have been in constant contact with the California Department of Finance regarding these delays , which are expected to be one-time in nature as some systemic challenges are addressed.

RECOMMENDATION: Staff recommends that the Successor Agency adopts the attached resolution approving FY 2024-25 ROPS.

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FINANCIAL IMPACT: None

CEQA: Categorical Exemption

ATTACHMENTS:

1. FY 2024-25 ROPS Reports

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER, ACTING IN

ITS CAPACITY AS THE SUCCESSOR AGENCY FOR THE CITY OF HOLLISTER

REDEVELOPMENT AGENCY (RDA), TO ADOPT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2024 - JUNE 30, 2025

WHEREAS, Health and Safety Code section 34177(I)(2)(A) and (m) requires the Successor agency to prepare and approve a recognized obligation payment schedule (the “ROPS”) and make associated notifications and distributions for the period of Ju ly 1, 2024 to June 30, 2025; and

WHEREAS, the recognized obligation payment schedule was prepared using the forms provided by the California Department of Finance to the City of Hollister Successor Agency; and

WHEREAS, Health and Safety Code Section 34177(k) requires the Successor Agency to prepare administrative cost estimates from the Successor Agency Administrative Budget (the “Successor Agency Administrative Cost Estimates”) and provide them to the Auditor-Controller for the County of San Benito; and

WHEREAS, the administrative budget includes costs associated with winding down the former RDA which helps defer costs associated with the existing non-housing loan agreement, and the Finance Department administration and Successor Agency Administrative Budget must be approved by the Oversight Board.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister acting in its capacity as the Successor Agency of the Former Hollister Redevelopment Agency (RDA) and in conformance with Health and Safety Section 34177(I) and (m), hereby approves the expenses for July 1, 2024 to June 30, 2025, the Successor Agency Administrative Budget, and the Successor Agency Administrative Cost Estimates; and

BE IT FURTHER RESOLVED that the City Council acting in its capacity as the Successor agency of the Former Hollister Redevelopment Agency (RDA), hereby authorizes and directs the Executive Director or the Director’s designee, acting on behalf of the Successor Agency, to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy. All notices and transmittals necessary or convenient in connection with the approval of the ROPS, approval of the Successor Agency Administrative Budget, approval of the Successor Agency Administrative Cost Estimates, and other actions taken pursuant to this Resolution.

BE IT FURTHER RESOLVED that nothing in this Resolution shall abrogate, waive, impair or any other manner affect the right or ability of the City, as a municipal corporation, to initiate and prosecute any litigation with respect to any agreement or other arrangement between the City and the Former RDA, including, without limitation any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act.

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BE IT FURTHER RESOLVED that approval of a Recognized Obligation Schedule is Categorically Exempt from the California Environmental Quality Act.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of March, 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 SA Resolution, or true and correct copy of a City SA Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 18th day of March, 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 March, 2024.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Hollister
County: San Benito
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 2,329,138 $ 712,781 $ 3,041,919 F RPTTF 2,254,138 637,781 2,891,919
G Administrative RPTTF 75,000 75,000 150,000
H Current Period Enforceable Obligations (A+E) $ 2,329,138 $ 712,781 $ 3,041,919 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
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Hollister
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$25,577,531 $3,041,919 $- $- $- $2,254,138 $75,000 $2,329,138 $- $- $- $637,781 $75,000 $712,781 4 Fiscal
Agent Fee
for Bonds
Fees 08/01/
2003
10/01/2032 U.S. Bank
Corporation
Fiscal agent
fees for
bonds
Hollister 6,200 N $6,200 - - - 3,100 - $3,100 - - - 3,100 - $3,100 5 Bond
Expense
Funds
Fees 08/01/
2003
10/01/2032 Willdan
Financial
Services
Annual
continuing
disclosure for
bonds
Hollister 6,200 N $6,200 - - - 3,100 - $3,100 - - - 3,100 - $3,100 7 Successor
Agency
Admin
Costs
Admin
Costs
02/01/
2012
01/01/2032 City of
Hollister
Successor
Agency
Administrative
Costs
Hollister 150,000 N $150,000 - - - - 75,000 $75,000 - - - - 75,000 $75,000 33 2014 Tax
Allocation
Refunding
Bond
Bonds
Issued
After 12/
31/10
08/13/
2014
08/13/2032 Union Bank
of
California
2014 Tax
Allocation
Refunding
Bonds
Hollister 21,397,675 N $2,405,175 - - - 2,012,050 - $2,012,050 - - - 393,125 - $393,125 36 2019 Tax
Allocation
Refunding
Bond
Bonds
Issued
After 12/
31/10
07/26/
2019
08/13/2032 Opus Bank 2019 Tax
Allocation
Refunding
Bond
4,017,456 N $474,344 - - - 235,888 - $235,888 - - - 238,456 - $238,456 F.1.a
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Hollister
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin

1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
- - 970 PPA Prior Period Adjustment from ROPS 21/
22 2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
1,105 3,163,776 $128,530 from ROPS 21/22 A Distribution $3,035,246 ROPS 21/22 B Distribution from
the County Auditor Controller's Office
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
3,129,862 Total Actuals from PPA Report. Based on
accounting records FY21/22.
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$1,105 $- $- $- $34,884
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Hollister
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
4 5
7 33
36 F.1.a
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 18, 2024
SUBMITTED: March 15, 2024
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS

BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.

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

DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to s taff, 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. 20240312 - Agenda Item and Update Request log

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, City Manager

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2022 Council Agenda Item Requests 3/15/2024
1 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
2 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services 4/15/2024 Fee Study being completed for all city fees 4 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.

Administrative Services 4/15/2024 Wildan completed scope and has begun the study. 5 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation 6/17/2024
Topo survey has been contracted with Kelly
Engineering and survey has been completed.

Master plan to be presented for consideration in
2024-25 budget.
6 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)TBD
Administrative Services department is in the
process of filling key vacancies within the
department and has delayed the drafting of the
policy.
7 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services 4/15/2024 Fee Study being completed for all city user fees Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log G.4.1.a
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2022 Council Agenda Item Requests 3/15/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
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
Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
10 Casey 4/3/2023 Ordinance re: Vacant commercial buildings Development Services 5/6/2024 Meeting scheduled with RGS 11 Burns 8/21/2023 Future closed session or open session item on previous mountain lion encounter in the City City Attorney TBD City attorney drafting report for future council meeting
12 Burns 8/21/2023 Use of discretionary funds to install cameras at Valley View Park Police 4/2/2024 Staff gathering quotes and preparing agenda item for 4/2/24
13 Burns 12/4/2023 Use of discretionary funds for COVID-19 victims memorial City Manager 4/15/2024 Staff working to develop agenda item 14 Casey 12/4/2023
Traffic study of McCray Street behind
shopping center and potential options
(agenda item) and address blight in the area
Public Works 4/2/2024 Item rescheduled from 3/18/24 to 4/2/2024. 15 Morales 1/16/2024 Review of City policies on Council training and travel Administrative Services 3/18/2024 Scheduled for 3/18/24 16 Casey 1/16/2024 Vacant building ordinance Development Services 5/6/2024 Working with consultant to bring a presentation to Council
17 Casey 2/20/2024
Bring inclusionary housing ordinance back for
Council consideration to include a 6% very
low income, 5% low income, and 4%
moderate income levels split and options for
alternative compliance.

Development Services 3/18/2024 Scheduled for 3/18/24
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log G.4.1.a
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2022 Council Agenda Item Requests 3/15/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
18 Casey 2/20/2024 Council Goal-Setting Workshop prior to budget development City Manager 3/18/2024 Discretionary fund request for meeting scheduled for 3/18/24
19 Casey 2/20/2024 Item regarding Downtown parking and green space including a Dunne Park Master Plan Development Services TBD Staff working to develop agenda item 20 Burns 3/4/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 3/18/24 21 Perez 3/4/2024 Proclamation on Womens History Month and International Womens Day City Clerk 3/18/2024 Scheduled for 3/18/24 22 Perez 3/4/2024 $8500 from discretionary funds for Bulldog Boxing City Manager TBD Staff working to develop agenda item \\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log G.4.1.a
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2022 Completed Agenda Items 3/15/2024
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with presentations
by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022 7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022 MOU's re: Hazard Pay for Employees approved 5/2/2022 5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date G.4.1.a
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2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council Member(s)3/21/2022 "Welcome to Hollister" sign arch over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022 19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and Perez were appointed on April 18, 2022.4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member wants to
submit items to City Clerk for posting
to COH Social media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to amend
City Code set for May 16, 2022. Item
did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting Agenda 5/16/2022 23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to amend
City Code set for May 16, 2022-Did
not pass
5/16/2022
G.4.1.a
Packet Pg. 186

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance Review
to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be provided to
Council by outside attorney. Memo
provided on 5/25/2022 on
Regulating Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.

Ad Hoc 4/18/2022
Consultant is working on Term
Limits. Council Direction for
Charter City to be brought back
for discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.

City Manager Developer working on a project for
site and the land is in escrow.6/30/2022
30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the process &
working with Elections Consultant.

Special Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be ready
for Election in 2024 if process is
started in time.

Considered
complete
5/14/2022
G.4.1.a
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2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in May

14. Consultant is working on
Advisory Measure. On June 6
Agenda for Council Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to allocate
$500,000 from ARPA Funds, divide
amongst 5 Council Members -
Council to send locations
Waiting on
individual Council
Members
33 Council Member(s)5/2/2022 Presentation on grants, low income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager Approved as part of the Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022 39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August 2022
Meeting. If approved working on
ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on 9/6.9/6/2022 42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled via
Ordinance brought to Council on
September 6, 2022.
9/14/2022
G.4.1.a
Packet Pg. 188

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.

Fly Breast Cancer flag in October at
City Hall.

City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not need
to be put on closed session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022 Second reading of ordinance will be
brought to Council on 10/3/22.10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for
Facility Assessment Survey. Will
bring to the 10/17/22 City Council
Meeting
10/17/2022
49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to schedule date for presentation.11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has requested to
present at 11/7/22 council meeting.

Will evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley Pavement and
Drainage Project are being
presented to the Council for
approval on 11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
G.4.1.a
Packet Pg. 189

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve on
committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.

Police (Animal
Control)/ City
Attorney
Will be discussed at the Animal
Control Ad Hoc Committee meeting 2/14/2023
58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023 City Manager contract discussion scheduled for Closed Session 2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
G.4.1.a
Packet Pg. 190

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft a
speed cushion/traffic calming
measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution on
3/27/23 authorizing the raising of
the Christian flag on 4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023 67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023 Second reading of ordinance will be brought to Council on 4/17/23 4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public outreach
project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC

2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23.

On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
G.4.1.a
Packet Pg. 191

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.

City Manager 3/27/2023 Will be included as part of 2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023 Resolution to Raise DACA flag 5/4/23- 5/7/23 on 5/1/23 agenda 5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a grant
proposal to provide funding for EV
stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities for the
Leatherback property.

TBD
83 Resendiz 5/1/2023
Presentation by United Way of San
Benito County regarding 2-1-1
Program
City Clerk 5/15/2023 Presentation confirmed 5/15/2023
84 Council 4/3/2023
Letter of opposition re: Taxpayer
Protection and Government
Accountability Act initiative
City Attorney 5/15/2023 Letter prepared for 5/15/23 meeting 5/15/2023 85 Burns 5/1/2023
Consideration of waiving pre-
application fee for the Growing
Hearts garden center
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
86 Resendiz 5/1/2023
Consideration of refund for
conditional use permit fee for
Fiesta Plaza
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
87 Burns 5/15/2023 Proclamation for Hollister High
School Green Ribbon Award City Clerk 6/5/2023 Staff prepared agenda item for 6/5/2023 meeting
G.4.1.a
Packet Pg. 192

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 88 Burns/Perez 9/6/2022 Develop cooling and warming
center policy City Manager N/A Posted OES approved policy on City Website 6/1/2023
89 Burns 6/5/2023 City Attorney Evaluation City Attorney 6/20/2023 On 6/20/23 Agenda 6/20/2023 90 Burns/Resendiz 6/5/2023 Presentation on Sewer Services Community Services 6/20/2023 On 6/20/23 Agenda 6/20/2023 91 Burns 6/5/2023
Parade for Hollister High School
baseball team, softball team and
girls soccer team
City Manager 6/17/2023 Being included in Saddle Horse Show Parade 6/17/2023
92 Burns 6/5/2023
Proclamations for Hollister High
School baseball team and softball
team
City Clerk 6/20/2023 On 6/20/23 Agenda 6/20/2023
93 Burns 6/5/2023 Funding for additional police
officer in FY23-24 budget Finance 6/12/2023 Included in draft budget 6/12/23 6/12/2023 94 Morales 4/17/2023 Use of Council discretionary funds for beautification projects
Development
Services 6/5/2023 Discretionary funds policy being
drafted as part of 2023-24 budget 6/5/2023
95 Burns 3/6/2023
4/3/2023
Clarification regarding Council
discretionary funds. Consider
raising budget to $100K
Administrative
Services 6/26/2023 Budget set at $50k.6/5/2023
96 Perez 3/6/2023 Tree Replacement Program Community Services 6/26/2023 Staff preparing program for 2023-24 Budget 6/26/2023
97 Resendiz 2/21/2023
Consideration of an amendment to
HMC regarding adoption of
tentative maps by the City Council
Development
Services TBD Item was previously brought to
Council and did not pass.
98 Resendiz 2/21/2023 Policy on use of Council travel
funds
Administrative
Services 6/12/2023 Policy complete 6/12/2023
99 Burns, Morales,
Perez 4/4/2022 Food Truck Ordinance Review Development
Services 6/5/2023
Planning Commission reviewed on
4/27/2023. 6/5/23 Council public
hearing. Staff working to conduct
outreach for businesses and food
truck owners.
6/20/2023
100 Burns/Resendiz 6/5/2023
Domestic Wastewater Treament
Plant Update including MBR
discussion
Community Services 6/20/2023 Presentation made at 6/20/23 council meeting
G.4.1.a
Packet Pg. 193

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 101 Burns 2/6/2023
City to take on cost for internet
service for computers installed by
LULAC at Community Center
Information
Technology 6/26/2023 Developing cost estimates for FY
2023-24 budget
102 Casey 3/20/23 &
6/5/2023
Use discretionary funds for ADA
accessible equipment at Summer
Park
Parks & Recreation N/A
Initial quotes for basic ADA
improvements are approximately
$60,000 which exceeds the
discretionary limit of $50,000 per
member of the council.
8/3/2023
103 Morales 8/7/2023
Creation of ad hoc committee
regarding Council Code of Conduct,
including discussion of possible
fines and potential misdemeanor
prosecution
City Attorney 8/21/2023 Agendized for 8/21/23 8/21/2023 104 Burns 6/20/2023 Use discretionary funds for tree
lights on East Street Public Works 8/31/2023
On 8/7/23 Council agenda for
consideration. If approved, lights
should be installed by 8/31/2023
105 Morales, Perez 4/17/2023 Campaign finance City Attorney 8/21/2023 City attorney drafting report for future council meeting
106 Burns 3/20/2023
Consider placing the raising the
Transient Occupancy Tax on the
ballot for the next general election
City Clerk 8/21/2023
Council directed staff to return with
a ballot amendment for the
November 2024 ballot and work
with BBK on education materials
8/21/2023
107 Casey 3/6/2023 Speed Cushion Policy Engineering 8/21/2023 Staff developing policy. Council
adopted a resolution pausing large
traffic calming measures until policy
is approved.
8/21/2023
108 Burns 6/5/2023 Policy on remote meeting
participation for Council
City Attorney/City
Clerk 9/5/2023 Item on 9/5/2023 agenda for
consideration.9/5/2023
109 Casey 4/17/2023 Review Council Code of Conduct City Attorney 9/18/2023 Ad Hoc provided brief report out.

Will return with an update at a
future meeting.
9/18/2023
110 Burns 6/20/2023 Requested a presentation from the
Growing Hearts organization City Manager 10/2/2023 Presentation delivered.10/2/2023 G.4.1.a
Packet Pg. 194

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 111 Resendiz 9/18/2023
Use $5,000 of his discretionary
funds for the Hollister Downtown
Association to create altars for Dia
de Los Muertos
City Manager 10/2/2023 Approved at Council 10/2/2023
112 Perez 9/5/2023 Discussion of maintenance for City
trees Public Works 10/16/2023 Tree policy adopted at 10/16/23 meeting 10/16/2023
113 Morales 9/5/2023 Update on the status of various
Council ad hoc committees City Clerk 10/16/2023 Provided at 10/16/23 10/16/2023 114 Morales 8/21/2023
Proclamations to recognize IUPA
16 and Local 12 and their
volunteer efforts in the community
City Clerk 10/16/2023 Presented at 10/16/23 meeting 10/16/2023 115 Burns 10/3/2022 Special Meeting to Discuss the
Library City Manager 10/31/2023 Library received grant for reconstruction.10/31/2023
116 Resendiz 9/5/2023
Create an ad hoc committee to
discuss a future performing arts
center
Parks & Recreation 11/7/2023 Arts Center component added to the Community Center workgroup.11/7/2023
117 Morales 1/17/2023
Procurement Policy to express
City's preference for a skilled and
trained workforce instead of just
the lowest responsive bidder, such
as preference for local hires and
working with veterans
Administrative
Services 11/6/2023 Ordinance introduced at 11/6/23
Council meeting 11/6/2023
118 Morales 3/21/2022 Outdoor Night Market Development
Services (Planning)11/7/2023
Events on private property require a
major temporary use permit.

Applications need to be submitted
45 days before event.
11/7/2023
119 Velazquez 1/18/2022 &
5/2/2022
Discussion on parking/parking
garage fees
Development
Services
(Planning/Engineerin
g)
11/6/2023
Parking fee study has been finalized
and will be brought forward to
Council for discussion and possible
action. Agreement being drafted for
developer to provide improvements
at garage.
11/6/2023
G.4.1.a
Packet Pg. 195

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 120 Morales 10/2/2023 In lieu fees for City Elections City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 121 Burns 9/5/2023 Future Council discussion on
holding the annual motorcycle rally City Manager 11/20/2023 Presentation on 11/6/23 agenda.

Item continued to 11/20/23 11/20/2023
122 Morales 10/2/2023 Ballot measure to change mayoral
term to four years City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 123 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services 11/20/2023
Cost estimates presented with the
FY2023-24 Q1 Budget Update. Item
continued to 11/20/23
12/4/2023
124 Perez 11/20/2023 Present certificate of recognition to Ken Lindsay City Clerk 12/4/2023 On 12/4/23 Council agenda 12/4/2023 125 Resendiz 12/4/2023 Council approval of tentative maps City Attorney N/A Council provided memo on request.12/11/2023 126 Resendiz 11/20/2023 Use his discretionary funds to
support Los Posadas event City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 127 Council 11/20/2023 Resolution Calling for Ceasefire in Gaza City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 128 Morales 12/4/2023
Use of discretionary funds for
students to attend Colonel Nicole
Mann event
City Manager 12/18/2023 Adopted resolution 12/18/2023
129 Burns 12/4/2023
Requested staff review the
agreement with Del Curto for the
400 Block of San Benito Street
Development
Services 1/16/2024 Item on 1/16/24 Council agenda 1/16/2024 130
Perez
Burns
Resendiz
9/18/2023
10/16/23
Address odor reduction in District
2 Public Works 12/18/2023
Staff included odor control measures
in forthcoming Collection System
Improvement project.
12/18/2023
131 Burns 1/16/2024 Convert Dunne Park tennis court to
4 pickleball courts Parks & Recreation 2/5/2024 Update on project at 2/5/24 meeting 2/5/2024 132 Burns 11/20/2023
Separate project to construct
crosswalk on Memorial Drive near
elementary school to speed up
process
Public Works 2/5/2024
Council directed staff to install speed
cushions to be replaced with speed
tables and to move forward with
implementation of crosswalks at
Verdun and Memorial and other
improvements
2/5/2024
G.4.1.a
Packet Pg. 196

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 133 Resendiz 9/18/2023
Council item regarding what other
municipalities are doing regarding
landscape and lighting district
Engineering 2/20/2024
Other municipalities and the City of
Hollister supplement Landscape and
Lighting Districts with the general
fund as the LLD assessments do not
have an annual inflation factor
included in them.
2/15/2024
134 Burns 2/5/2024
Options to address speeding on
San Benito Street after South
Street
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
135 Burns 2/5/2024 Creation of a Council ad hoc
committee related to Cannabis City Clerk 2/20/2024 Committee formed at 2/20/24 Council meeting 2/20/2024
136 Morales 2/5/2024 Proclamation for Black History
Month City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
137 Casey 2/5/2024 Proclamation for Give Kids a Smile
Event City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
138 Burns 12/4/2023
Consider road engineering on
Sunnyslope near Sunnyslope Lane
and Beverly such as a crosswalk
with flashing lights
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
139 Morales 12/4/2023
Traffic study of San Benito Street
between Hawkins to Nash
complaints related to speeding and
traffic
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
140 Resendiz 2/20/2024 Certificate of Recognition for Elyssa Hernandez City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 141 Morales 2/5/2024
Recognition of Community
Volunteers who provided
assistance following the Line Street
Apartment fire
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
142 Council 1/16/2024 San Benito Leadership Institute
funding City Manager 3/4/2024
Staff working to develop agenda
item to allocate $20,000 from the
general fund
3/4/2024
143 Perez 1/16/2024 Item to make raising Christian Flag at City Hall an annual event City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 G.4.1.a
Packet Pg. 197

2022 Completed Agenda Items 3/15/2024
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 144 Burns 2/5/2024
Options for creating a non-profit
that people can donate to to
support the Animal Control
Services Division
Administrative
Services 3/8/2024
Public is able to donate to the
Animal Shelter. Funds are restricted
when donated.
3/4/2024
145 Morales 12/18/2023
Discussion Re: potential updates to
HMC to set Council regular
meeting time for 9:00 AM
City Attorney 3/4/2024
On 2/5/24 Council directed staff to
return with an ordinance to set the
regular meeting start time at 4:00
PM.

Introduction of ordinance scheduled
for 3/4/24.

Re-introduction scheduled for
3/18/24
3/4/2024
146 Burns 12/4/2023
Use of discretionary funds to install
dog waste bag dispensers in
Sunnyslope Village
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
147 Casey 11/20/2023 &
1/16/2024
Seeks to be able to review draft
agenda with City Manager prior to
publication
City Manager 3/4/2024 Item did not pass. 2-2 vote on
3/4/24 3/4/2024
148 Perez 11/20/2023 Lighted crosswalk near Fourth and
Line Streets Public Works 3/18/2024
Staff will be completing the work in
house. Project does not need to
return to Council for approval.
3/5/2024
G.4.1.a
Packet Pg. 198

2022 Update Requests from Council
(non-agenda items)
3/15/2024
1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Project will be assigned to Economic Development Manager once hired.TBD
2 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services
(HR)
Sr. Building Inspector position posted on January 31,
2024.4/1/2024
3 Burns 9/6/2022 Shade structure at Klauer Park Parks & Recreation Structures are ordered and delivered. Plans under building dept review.3/31/2024
4 Burns 8/7/2023
Cleaning and regular maintenance of
Downtown sidewalks and around
parklets
Public Works
HDA is developing a proposal for services. Business that have a parklet are required to keep the area clean
around the parklets.
3/31/2024
5 Casey 12/4/2023 Policies posted to City website City Manager Will be included on new website.TBD 6 Morales 12/18/2023
Clarify City's role in addressing incorrect
information being disseminated to the
public by outside organizations including
confidential information from closed
session and potential referral to District
Attorney and Attorney General
City Attorney City attorney's office researching matter.TBD 7 Morales 11/20/2023
Creation of cards with QR code to direct
public to City resources and community
resources
City Manager Staff designing cards and gathering printing quotes.

Working to ensure codes will work on new website.3/31/2024 8 Burns 1/16/2024 Update on request for more lighting at Dunne Park Parks and Rec Staff is working with vendors to gather quotes 4/30/2024 9 Casey 2/20/2024 Amend SNIP Bus Contract to include
rabies vaccinations Animal Control Scheduled for 3/18/24 meeting.3/18/2024 10 Resendiz 3/4/2024 Maintenance of bumpers on Sally Street and Central Ave.Public Works Staff have repaired Sally St traffic calming elements.

Staff are currently working on Central Avenue.3/31/2024 Status Estimated Date of
Completion#Council Member Meeting Date Update Requested Department \\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log G.4.1.a
Packet Pg. 199

2022 Completed Update Requests 3/15/2024
#
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.

City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested G.4.1.a
Packet Pg. 200

2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.

City Manager 2/22/2022
24 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.

Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.

Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.

City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.

City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.

Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.

A more detailed process was
brought to Council, but rejected.
6/6/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.

Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.

City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.

City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as requested 10/18/2022 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restrictive
ordinance than the state.10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.

Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.

Staff is waiting for the weather to
clear prior to install them.
1/31/2023
116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.

Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.

Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific bulletin
boards based on Department
needs.

Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk To be signed by Mayor on 4/17/23 and provided to Alliyah Gomez 5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk To be signed by Mayor on 4/17/23 and provided to Sarah Nordwick 5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.

Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.

Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance position
to deal with graffiti on a regular
basis and will develop regular
routes to deal with graffiti before
it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee with
representatives from different entities to tackle
homeless problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
with surveyor. Topo survey work
began in late July of 2022. Topo
Surveys were completed in
September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of the
public regarding parklets that would harm their
business
Development
Services
Parklet not approved due to safety
concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.

City Attorney Memo sent to Council 5/8/2023
148 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker to
repaint sound walls citywide Community Services
Interviews held on 5/8. Offers will
be made by 5/12. Paint truck is
currently operational.
5/31/2023
149 Burns 9/6/2022
Union Rd signs need to be replaced with Avenida
Cesar Chavez signs at Fairview and Hwy 25
intersections
Community Services Sign installed on 6/1/2023 6/1/2023
150 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project complete. Acceptance of
project will be presented to City
Council on 6/5/23.
6/5/2023
151 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public Officials
and provide to employees and other
jurisdictions.

City Manager
Transcription completed and
manual being reviewed by
Esperanza Center team.
6/5/2023
152 Burns 3/20/2023 Update on collection of fees from litigation City has won
Administrative
Services
Staff are gathering information
and will report back to Council at a
future date
6/5/2023
153 Council 5/2/2022 Upgrade or replace the lights downtown and the first block of the side streets with APRA funds Community Services RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 154 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events 7/17/2023
155 Morales 3/20/2023 Update on the status of City's involvement in regional efforts regarding broadband installation City Manager Staff working on developing a
report for council. Staff is
currently amending its LATA grant
application in an effort to secure
$500k for broadband design work.
8/7/2023
156 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering Supplies have been received by
contractor. Material delays have
slowed project. Installation will
begin in May of 2023
6/30/2023
157 Burns 2/6/2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
incident and the body camera footage to be
released and presented at regular city council
meeting
City Attorney/Police Referred to City Attorney 8/1/2023 158 Perez 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services Memo sent to Council 8/30/2023 G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 159 Burns, Perez 8/7/2023
Certificates of recognition for longstanding
Hollister businesses: San Benito Tire, A&W Root
Beer, Foster Freeze, McKinnon Lumber and
Country Rose
City Clerk Certificate created and sent to
honoree 9/5/2023
160 Burns 8/21/2023
Certificates of recognition for longstanding
Hollister businesses: G&M Auto Repair, Hollister
Paints, and the Cannery
City Clerk Certificate created and sent to
honoree 9/5/2023
161 Burns 9/5/2023
Certificates of recognition for longstanding
Hollister businesses: Dr. Mohammad al-Hassan,
Premier Cinema, and Round Table Pizza
City Clerk Certificate created and sent to
honoree 9/6/2023
162
Burns 9/18/2023
Certificates of recognition for longstanding
Hollister businesses: Ace Hardware, Super
Taqueria, and Greenwood Chevrolet.

City Clerk Certificate created and sent to
honoree 9/30/2023
163 Burns 8/7/2023 Certification of Recogntion for former Planning Commissioner David Huboi City Clerk Certificate created and sent to honoree 9/18/2023
164 Casey 8/21/2023
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's inclusion
on a federal watch list and the potential inability
for Councilmember Resendiz to be able to vote
on contracts regarding federal funding
City Attorney Memo Sent to Council 8/31/2023
165 Burns 9/18/2023 Weed abatement for property behind Goodwill store Fire
Disced in April 2023 by owner and
two notices sent for weed
abatement. Referred to Code
Enforcement
9/24/2023
166 Burns 9/5/2023 Replacement of dilleneators on San Benito Street near entrance of downtown Public Works Completed 9/25/2023 G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 167 Resendiz 6/20/2023
Requested information regarding what other
cities are providing for translation services for
public comments and public documents
City Clerk Staff soliciting quotes for meeting
translation services 10/2/2023
168 Burns/Perez 10/2/2023
Certificates of recognition for longstanding
Hollister businesses: Bulldog Boxing, Spudnuts,
Colonial Cleaners, Postal Graphics, and Ken
Lindsay
City Clerk Certificate created and sent to
honoree 10/3/2023
169 Resendiz 6/20/2023 Update on work done on Fremont Way Public Works Memo sent to Council 10/1/2023 170 Burns 6/20/2023 Requested staff study the regulations for A- frames signs
Development
Services
Council will be provided a memo
on the topic 10/10/2023
171 Morales 8/7/2023 Information on creating a formal internship program Human Resources Staff is preparing memo for
council 10/10/2023
172 Burns 10/16/2023
Certificates of recognition for Hollister Collision
Center, Hollister Quality Water, and the Hazel's
Treasures
City Clerk Certificates distributed.10/23/2023
173 Resendiz 9/18/2023 Meeting of Downtown Business Ad Hoc Committee City Manager
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
174 Perez 8/7/2023 Update on tree replacement program Public Works Staff is preparing a policy to bring to City Council on 10/16/2023.10/16/2023
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 175 Morales 8/7/2023 Information on parklets and requested meeting with business community
Development
Services
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
176 Burns 6/5/2023 Hollister Sign Update City Manager Staff preparing update on sign, lights, and bollards 11/15/2023
177 Burns 11/20/2023 Certificates of Recognition for Baskin Robbins, Dr. Paul Percival, Wong's Garden, Nob Hill City Clerk Certificates sent 11/22/2023 178 Morales 10/2/2023 Status report on vacant City Positions Administrative Services (HR)Report sent to Council 12/1/2023
179 Resendiz 11/20/2023 Follow up Re: Dog attacks at Mission Oaks mobile home park Police Report sent to Council 12/1/2023 180 Burns 4/3/2023 Comprehensive training report City Manager Report sent to Council.12/1/2023 181 Burns 12/4/2023
Certificates of Recognition for True Value,
Hollister Super, and Village Market City Clerk Certificates sent 12/5/2023 182 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night.

Development
Services
Dark sky provisions included in the
draft General Plan Update.11/6/2023
183 Burns 8/22/2023
Staff to provide information regarding waiver of
the specific plan amendment fee as requested
by Bright Future Recovery
Development
Services
Council directed staff to bring
forward the fee waiver at a future
Council meeting
12/18/2023
184 Burns 11/20/2023 Updates at each Council meeting re: sewer smell in District 2 Public Works Staff providing agenda item on topic at 12/18/23 Council meeting 12/18/2023
G.4.1.a
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2022 Completed Update Requests 3/15/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 185 Burns 11/20/2023 Information Re: nitrate levels in wells on Wright Road Public Works
Wells mentioned at City Council
meeting by a member of the
public do not belong to the City of
Hollister.
1/12/2024
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 landfill expansion City Attorney Staff working with Integrated Waste and City Attorney's Office 1/16/2024
188 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to
add feature to Dunne Park as well
as a master plan for Dunne Park.
2/15/2024
189 Council 1/16/2024 Naming future park, building, etc. after Frank Valenzuela Parks & Recreation
Staff to provide information to
family regarding facility naming
process
2/16/2024
190 Burns 2/5/2024 Look into reports of mailboxes being broken into near Beverly Street Police No visual of mailboxes from
cameras 2/15/2024
191 Burns 8/7/2023 Report on how CFD funds are being spent Public Works/Finance Staff preparing report 3/15/2024 192 Burns 8/7/2023 Update on how funds related to maintenance of Sunnyslope Village soundwalls are being spent
Parks and Rec, Admin
Services Staff preparing report 3/15/2024
193 Resendiz 3/4/2024 Send letter of opposition to AT&T regarding discontinuance of land lines City Manager Letter of opposition sent to AT&T 3/15/2024 G.4.1.a
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