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 AGENDA
Special and Regular Meeting
April 2, 2024
Special Meeting 5:00 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/
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.
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 Council Tuesday, April 2, 2024 Page 2 of 8
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 - 5:00 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. THREAT TO PUBLIC SERVICES OR FACILITIES; CONSIDERATION OF TACTICAL RESPONSE PLAN - GOVERNMENT CODE SECTION 54957
Consultation with: Police Chief Carlos Reynoso Regarding Motorcycle Rally
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
City Council Tuesday, April 2, 2024 Page 3 of 8
3. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95
Claimants: J M Supermarkets, Inc
Agency Claimed Against: City of Hollister
PLEDGE OF ALLEGIANCE
CLOSED SESSION - REPORT OUT
B. SPECIAL ORDERS OF THE DAY
1. RECOGNIZING MARCH 8, 2024 AS INTERNATIONAL WOMEN’S DAY (City Clerk)
2. PROCLAIMING MARCH 2024 AS WOMEN'S HISTORY MONTH (City Clerk)
3. RECOGNIZING THE HOLLISTER HAYBALERS BOYS SOCCER TEAM (City Clerk)
4. RECOGNITION OF JARED THOMAS DEWITT BY THE CALIFORNIA HIGHWAY PATROL (City Manager)
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 Regula Meeting of City Council March 18, 2024
2. WARRANT REGISTER APRIL 2, 2024-AP (Finance)
BRIEF DESCRIPTION: Audit attached warrant register(s)
RECOMMENDATION: Ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:
• 2-16-2024, in the amount of $45,714.71
• 2-21-2024, in the amount of $1,495,290.52
City Council Tuesday, April 2, 2024 Page 4 of 8
• 2-27-2024, in the amount of $2,500,093.22
3. RESOLUTION NO. 2024-40 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AUTHORIZING SUBMITTAL OF THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE 2022-2023 HOME PROGRAM GRANT (Housing) BRIEF DESCRIPTION: The City of Hollister City Council to review and accept the Housing & Community Development (HCD) HOME Housing Partnership Program application resolution (HOME).
RECOMMENDATION: Adopt a resolution approving the submittal of the 2024 HOME Grant application to the California Department of Housing and Community Development and authorizing the City of Hollister mayor to execute the 2022-2023 HCD HOME Program Application, any subsequent amendments or modifications, and other necessary documents.
4. RESOLUTION NO. 2024-41 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AUTHORIZING COUNCILMEMBER BURNS TO USE CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS FOR A SURVEILLANCE CAMERA SYSTEM AT VALLEY VIEW PARK (City Manager) BRIEF DESCRIPTION: A resolution of the City Council of Hollister authorizing the use of City Council FY 23/24 budgeted discretionary funds for surveillance cameras at Valley View Park.
RECOMMENDATION: Adopt a resolution authorizing City Council discretionary funds not to exceed $42,000 for the purchase of surveillance cameras and equipment to include installation at Valley View Park for park security purposes.
5. 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 (City Clerk)
BRIEF DESCRIPTION: The City Council will consider approval of Ordinance 1248.
RECOMMENDATION: Adopt Ordinance 1248 amending the Development Agreement and allowing a partial assignment to Eden /Mimosa Street Investors, LP.
City Council Tuesday, April 2, 2024 Page 5 of 8
6. RESOLUTION NO. 2024-42 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF HOLLISTER A MEASURE AMENDING SECTION 2.04.020 OF CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE HOLLISTER MUNICIPAL CODE TO CHANGE THE TERM OF OFFICE OF THE ELECTED MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS, AT A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024; AND SETTING RULES AND DEADLINES
FOR THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE (City Clerk)
BRIEF DESCRIPTION: This resolution places on the November 5, 2024, General Municipal Election a ballot measure seeking voter direction on whether to change the length of the mayoral term from a two -year term to a four-year term, beginning with the November 2024 election.
RECOMMENDATION: Adopt a resolution to place the ballot measure before the voters at the November 5, 2024, General Municipal Election.
7. RESOLUTION NO. 2024-43 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER, CALIFORNIA CALLING FOR THE PLACEMENT OF A
TRANSIENT OCCUPANCY TAX MEASURE ON THE BALLOT FOR THE
NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION CONSOLIDATED
WITH THE STATEWIDE GENERAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO AMEND CHAPTER 3.32
OF THE HOLLISTER MUNICIPAL CODE, ENACTING A FOUR PERCENTAGE
POINT INCREASE IN OCCUPANCY TAX AND RESERVING THAT INCREASE FOR THE CITY GENERAL FUND; AND SETTING RULES AND DEADLINES
FOR THE SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE (City Clerk)
BRIEF DESCRIPTION: This resolution places on the November 5, 2024, General Municipal Election a ballot measure increasing the Transient Occupancy Tax four (4) percentage points from 8% to 12%.
RECOMMENDATION: Adopt a resolution to place the ballot measure before the voters at the November 5, 2024, General Municipal Election.
8. RESOLUTION NO. 2024-44 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES; REQUESTING CONSOLIDATION
WITH THE STATEWIDE GENERAL ELECTION AND ELECTION SERVICES FROM THE SAN BENITO COUNTY BOARD OF SUPERVISORS; AND
PROVIDING REGULATIONS FOR CANDIDATES’ STATEMENTS (City Clerk) BRIEF DESCRIPTION: This resolution will call for the holding of a General
City Council Tuesday, April 2, 2024 Page 6 of 8
Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities.
RECOMMENDATION: Adopt a resolution calling for the holding of a general municipal election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities.
D. PUBLIC HEARINGS
1. ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY OF HOLLISTER
AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE TO ADD SECTION
2.04.340 (“CANDIDATE STATEMENTS”) TO CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 ("ADMINISTRATION AND PERSONNEL") (City Clerk)
BRIEF DESCRIPTION: The City Council will consider approval of amendments to Title 2 of the Hollister Municipal Code related to candidate statements.
RECOMMENDATION: Introduce an ordinance to amend Title 2 to add Section 2.04.340 (“Candidate Statements”) to Chapter 2.04 (“City Council”) Of Title 2 ("Administration And Personnel") to the Hollister Municipal Code.
E. COUNCIL BUSINESS
1. ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 02.04.050 OF CHAPTER 02.04 OF TITLE 2 OF THE HOLLISTER MUNICIPAL CODE (City Attorney)
DESCRIPTION: A change to the City Council meeting start time requires an ordinance amendment.
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.
2. VACANT BUILDING ORDINANCE DISCUSSION (Planning)
BRIEF DESCRIPTION: A policy and options discussion on the City Council’s request for the development of a Vacant Building Ordinance.
RECOMMENDATION: Receive a presentation and provide direction to staff.
3. INFORMATIONAL REPORT FOR THE PET-A-PALOOZA RESCUE
INVESTIGATION (Police)
BRIEF DESCRIPTION: Animal Control staff will provide an informational report in relation to the Pet-A-Palooza Rescue Investigation including any
City Council Tuesday, April 2, 2024 Page 7 of 8
past complaints about this organization and the efforts in relation to the recent case.
RECOMMENDATION: Receive the report.
4. HOLLISTER MOTORCYCLE RALLY UPDATE AND DIRECTION (City Manager)
BRIEF DESCRIPTION: At the March 4, 2024 City Council meeting, Council directed staff to provide an update on the Hollister Motorcycle Rally.
RECOMMENDATION: Receive staff report and provide possible direction.
5. INFORMATIONAL REPORT MCCRAY STREET CLOSURE PRESENTATION (Engineering)
BRIEF DESCRIPTION: This is an informational report to the City Council related to the Hollister Farms Retail Project McCray Street Closure.
RECOMMENDATION: Receive the informational report and provide direction to staff.
F. 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,
City Council Tuesday, April 2, 2024 Page 8 of 8
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.
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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.1.a
Packet Pg. 9
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.2.a
Packet Pg. 10
PROCLAMATION
Congratulating the Hollister High School
Haybalers Boys Soccer Team on their Historic Season
WHEREAS, the Hollister High School boys soccer team, the Haybalers, went on an amazing playoff run and captured the school’s first-ever boys soccer Central Coast Section championship; and
WHEREAS, the Balers won the Division II title and did so as No. 8 seed, upending host and No. 1 seed Westmont 3-2 in overtime and outplaying lauded Serra of the West Catholic Athletic League 2-1 in San Mateo; and
WHEREAS, Hollister also shut down a strong No. 3 seed Los Gatos side 2-0 on their way to the title; and
WHEREAS, after the CCS title, the Baler boys continued to play in the NorCal Division III playoffs; and
WHEREAS, they finished the season with a 12-10-2 record and claimed third place in the Pacific Coast Athletic League, Gabilan Division, with a 6-5-1 mark.
NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, on behalf of the entire City Council, do hereby recognize and congratulate the Hollister Haybalers boys soccer team on their historic season.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 2nd day of April 2024.
__________________________
Mia Casey, Mayor
ATTEST:
________________________________
Jennifer Woodworth, City Clerk
B.3.a
Packet Pg. 11
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
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 18, 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 Remote
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 and Successor Agency to the Redevelopment Agency of the City of Hollister special and regular meetings of March 18, 2024 was posted on the bulletin board at City Hall on March 15, 2024 at 3:36 p.m. per Government Code Section 54954.2.
A. CLOSED SESSION - 6:00 P.M.
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
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)
City Council Monday, March 18, 2024 Page 2 of 17
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
City Attorney Lerner read the closed session item titles.
Mayor Casey opened public comment at 6:04 p.m.
There were no speakers for the closed session agenda items.
Mayor Casey closed public comment at 6:04 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adjourn into closed session. Motion carried 5 -0-0 via roll call vote.
The special meeting ended at 6:34 p.m.
The City Council reconvened the regular meeting at 6:35 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Burns led the Pledge of Allegiance.
CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner stated no reportable action was taken in closed session.
B. SPECIAL ORDERS OF THE DAY
1. PROCLAIMING MARCH 2024 AS WOMEN'S HISTORY MONTH
This item was continued to the April 4, 2024 City Council meeting.
2. RECOGNIZING MARCH 8, 2024 AS INTERNATIONAL WOMEN’S DAY This item was continued to the April 4, 2024 City Council meeting.
3. RECOGNIZING THE HOLLISTER HIGH SCHOOL ROBOTICS TEAM #6884
DEEP SPACE
Mayor Casey read and presented the proclamation to the Hollister High School Robotics Team.
4. PRESENTATION BY MARCUS VILLAPANDO WITH SCOUTS BSA
Marcos Villalpando provided a presentation to the City Council regarding his proposed Boy Scout Eagle project at Vista Park Hill.
Councilmember Burns supported use of City funds to fund the project and suggested installation of a plaque at the site to recognize the work once completed.
PUBLIC INPUT
City Council Monday, March 18, 2024 Page 3 of 17
Danny Barrera shared information regarding Jovenes De Antano and the services they provide to the community. Mr. Barrera requested the City partner with Jovenes to provide $3,000-$5,000 in funding to implement a targeted marketing initiative.
Rob Bernosky thanked Police Chief Reynoso for responding quickly and appropriately to his concerns.
Andy Hsia-Coron commented on the need for local government to welcome public input and public participation in government.
Carly Robles congratulated Dom Zanger, Kollin Kosmicki, and Ignacio Velazquez on the results of the recent election.
Bella Rosales, representing the Hollister Guardians organization, spoke against efforts to discredit that organization.
John R. spoke regarding the results of the recent San Benito County Board of Supervisors election and the need to hold politicians accountable.
Sam Ramos, representing the Hollister Guardians organization, supported a thorough review of the City's sewer system.
Bridgette Baumann-Thorpe reported a public hearing of the San Benito County Board of Supervisors regarding the proposed expansion of the John Smith Road Landfill will be on March 26, 2024. Ms. Baumann-Thorpe expressed concern regarding leachate at the landfill.
Julio Rodriguez, representing the Hollister Guardians organization, spoke regarding the results of the recent San Benito County Board of Supervisors election and expressed concern regarding profit made by KB homes on the sale of homes in the City.
Elia Salinas provided information regarding the proposed expansion of the John Smith Road landfill, expressed concern regarding recent animal cruelty at Hollister High School, and expressed concern regarding Councilmember Resendiz's behavior towards members of the public and City Council.
C. 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 C2 from the consent agenda.
Councilmember Burns pulled Items C4 and C5 from the consent agenda.
Mayor Casey opened public comment at 7:13 p.m.
There were no speakers for the consent agenda items.
City Council Monday, March 18, 2024 Page 4 of 17
Mayor Casey closed public comment at 7:13 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for items C2, C4, and C5. Motion carried 5 - 0-0 via roll call vote.
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
1. City Council - Regular Meeting - Mar 4, 2024 6:30 PM
2. Item C2 was moved to Items Pulled from the Consent Agenda.
3. RESOLUTION NO. 2024-33 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING BID PROTEST PROCEDURES
4. Item C4 was moved to Items Pulled from the Consent Agenda.
5. Item C5 was moved to Items Pulled from the Consent Agenda.
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
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
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
ITEMS PULLED FROM THE CONSENT AGENDA
9. RATIFY APPOINTMENTS TO FILL THE VACANCIES FOR THE ARTS &
CULTURE COMMITTEE, PARKS AND RECREATION COMMISSION, AND PLANNING COMMISSION (Item C2)
City Council Monday, March 18, 2024 Page 5 of 17
Councilmember Resendiz commented on the City Council's past practice of ratifying recommended appointments by the members of the City Council and the diversity of the applicants being considered by the City Council.
Councilmember Morales inquired regarding previous Council direction to the City Attorney regarding research into the City's role for correcting misinformation shared in the community.
City Attorney Mary Lerner stated the Planning Commission's bylaws, and there is no law barring an applicant under investigation from being appointed to the Planning Commission.
Mayor Casey opened public comment at 7:22 p.m.
Elia Salinas spoke regarding the ethics training completed by the City Council and members of the City's Commissions and regarding ethics requirements for elected and appointed officials.
Carly Robles commented on a mailer she received from the Hollister Guardians and the information it contained.
John Robles supported the recommended appointment to the Planning Commission.
Andy Hsia-Coron supported the recommended appointment to the Planning Commission.
Julio Rodriguez supported the recommended appointment to the Planning Commission.
Mayor Casey closed public comment at 7:33 p.m.
Councilmember Resendiz moved, and Councilmember Burns seconded the motion to ratify the appointments to fill the vacancies for the Arts & Culture Commission, Parks & Recreation Commission, and Planning Commission.
Motion carried 4-1-0 via roll call vote (Councilmember Morales opposed).
RESULT: Adopted [4 to 1]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Casey, Perez, Resendiz, Burns
NOES: Morales
RECUSED:
ABSTAIN:
ABSENT:
City Council Monday, March 18, 2024 Page 6 of 17
10. 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 (Item C4)
Councilmember Burns requested and received additional information regarding the item.
Mayor Casey opened public comment at 7:36 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 7:36 p.m.
Councilmember Resendiz moved, and Mayor Casey seconded the motion to approve Resolution 2024-34. Motion carried 5-0-0 via roll call vote.
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
11. 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 (Item C5)
Councilmember Burns suggested the goal-setting workshop should be held following the November 2024 election.
Councilmember Resendiz opposed having a goal-setting workshop for the City Council.
Councilmember Perez stated the goal-setting workshop would benefit the City and the ability of the Council to work together.
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Councilmember Morales supported the City Council identifying its priorities to help the City secure state and federal funding for projects.
Mayor Casey stated the proposed workshop is to complete strategic planning for the City with the input of City staff and all members of the City Council.
Shawn Spano, the recommended consultant, provided additional background information regarding the proposed strategic planning process, which is typically held annually by city councils and other legislative bodies.
Mayor Casey opened public comment at 7:54 p.m.
Elia Salinas supported Resolution 2024-38 to allow the City Council to have strategic planing for the next budget year.
Peter Hernandez provided additional information regarding the importance of strategic planning by legislative bodies.
Mayor Casey closed public comment at 7:57 p.m.
Councilmember Perez moved, and Mayor Casey seconded the motion to approve Resolution 2024-38. Motion carried 3-2-0 via roll call vote (Councilmembers Resendiz and Burns opposed).
RESULT: Adopted [3 to 2]
MOTION: Rick Perez
SECOND: Mia Casey
AYES: Casey, Perez, Morales
NOES: Resendiz, Burns
RECUSED:
ABSTAIN:
ABSENT:
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
Senior Planner Erica Fraser provided the staff report.
Councilmember Resendiz left the dais at 10:59 p.m.
Mayor Casey opened the public hearing at 11:02 p.m.
City Council Monday, March 18, 2024 Page 8 of 17
Weijia Song supported the recommendation to introduce Ordinance 1248 and supported providing affordable housing in Hollister.
Mayor Casey closed the public hearing at 11:03 p.m.
Councilmember Perez moved, and Councilmember Burns seconded the motion to introduce Ordinance 1248. Motion carried 4 -0-0 (Councilmember Resendiz absent).
RESULT: First Reading [Unanimous]
MOTION: Rick Perez
SECOND: Tim Burns
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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)
Senior Planner Erica Fraser provided the staff report.
Councilmember Resendiz returned to the dais at 11:07 p.m.
Mayor Casey opened public comment at 11:16 p.m.
Karson Klauer supported adoption of Resolution 2024-39 and stated some tradeoffs are often necessary to support building of affordable housing.
Mayor Casey closed public comment at 11:18 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2024-39. Motion carried 4-1-0 via roll call vote (Councilmember Resendiz opposed).
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RESULT: Adopted [4 to 1]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES: Resendiz
RECUSED:
ABSTAIN:
ABSENT:
2. STATUS UPDATE OF EMERGENCY PURCHASE: SEWER LINE REPAIR AT SAN JUAN HOLLISTER RD/4TH STREET AND GRAF RD
Item E2 was heard following the Consent Agenda.
City Manager David Mirrione reported on a emergency purchase required to complete emergency sewer line repairs.
Public Works Director William Via provided the staff report summarizing the emergency work completed.
Kari Wagner with the Wallace Group provided additional information regarding the City's regulatory compliance requirements.
Councilmember Resendiz requested and received additional information regarding the inspection of the City's sewer and water lines and the malodorous smell on the west side of Hollister.
Councilmember Burns recommended replacement of the closed circuit television equipment that inspects the City's sewer lines during the current fiscal year.
Mayor Casey requested and received information regarding existing pipes in the City, their probability for breakage, need for replacement, etc.
Mayor Casey opened public comment at 8:41 p.m.
Katherine Sanchez, representing the Hollister Guardians organization, requested additional information regarding the recent sewer line breakage, City's current sewer collection system, etc.
Bella Rosales, representing the Hollister Guardians organization, expressed concern regarding the recent sewer line breakage and the potential connection to the system by new houses. Ms. Rosales stated additional assessment is needed of the City's sewer system.
City Council Monday, March 18, 2024 Page 10 of 17
John R. stated the Mayor needs to take responsibility for the issues with the City's sewer system. John R. recommended an audit of the City's sewer system.
Carly Robles commented on the results of the September 2022 audit of the City's sewer system and the need for public education on the impacts of FOG (fats, oils, and grease) on the City's sewer system.
Mary Hsia-Coron commented on the results of the September 2022 audit of the City's sewer system and stated additional record keeping is needed regarding the City's sewer system.
Andy Hsia-Coron expressed concern regarding expansion of the City's sewer system to areas outside of the City due to the age of the City's sewer system.
Jasmine Castillo Rosales, representing the Hollister Guardians organization, expressed concern regarding the malodorous smell on the west side of Hollister and the suffering of the residents there.
Fallon Greig thanked Councilmember Resendiz for alerting residents regarding the sewer line break and its repair.
J.W. Paine supported a moratorium on development in the City due to the potential impact on the City's sewer system.
Tom Armbruster expressed concern regarding the current state of the City's sewer system.
Kollin Kosmicki, San Benito County District 2 County Supervisor, spoke regarding the malodorous smell on the west side of Hollister and stated it should be a top priority for the City.
Elia Salinas commented on the lack of action regarding the City's sewer system by previous City Council representatives.
Lulu Fi expressed concern regarding Pacific Scientific potentially connecting to the City's sewer system.
Mayor Casey closed public comment at 9:02 p.m.
Councilmember Resendiz commented on the need to address the malodorous smell on the west side of Hollister, opposed connecting additional hookups to the City's sewer system, and opposed further development in the City.
3. INCLUSIONARY HOUSING ORDINANCE DISCUSSION
City Council Monday, March 18, 2024 Page 11 of 17
Acting Development Services Director Eva Kelly introduced Greg Goodfellow with Placeworks, Inc., who provided the staff report, including various options for alternative compliance.
Mayor Casey opened public comment at 11:48 p.m.
Karson Klauer stated the goal of the inclusionary housing ordinance should be to have affordable housing built in Hollister as soon as possible. Mr. Klauer supported making it reasonable and feasible to provide affordable housing in the City without additional conditions that often prevent the affordable housing from being built.
Elia Salinas supported adoption of an inclusionary housing ordinance at a 15% rate to support building more affordable housing in Hollister.
Mayor Casey closed public comment at 11:54 p.m.
Councilmember Resendiz supported an inclusionary housing rate at 20%.
By consensus, the City Council directed staff to return with an inclusionary housing ordinance for introduction with the following allocations of housing:
6% very low-income units, 5% low-income units, and 4% moderate income units. Additionally, Council directed staff to include the acquisition and rehabilitation of existing units as an alternative compliance option, and allow market rate projects to include affordable housing as rentals.
4. RECEIVE PRESENTATION ON THE VETERANS MEMORIAL BUILDING
OPERATING AGREEMENT AND PROVIDE POSSIBLE DIRECTION
Item E4 was heard following agenda Item E5.
City Manager David Mirrione provided the staff report.
Maria Spandri with the Veterans of Foreign Wars provided information regarding the use of the building by community non-profit organizations and others.
Mayor Casey opened public comment at 10:34 p.m.
Esther LePore with the American Legion Auxiliary supported the City taking a more active role in managing the Veterans Memorial Building and expressed concern regarding the ability of her organization to utilize the building.
Maria Spandri commented on the importance of the Hollister community being able to utilize the building.
Ndiforbah ChiChe, speaking on behalf of Black Bonsai, LLC, opposed the City having a more active role in managing the Veterans Memorial Building
City Council Monday, March 18, 2024 Page 12 of 17
and spoke regarding his organization's events held at the building to support youth in the community.
Robert DeLuna, Post Commander for American Legion Auxiliary, expressed interest in continuing the current arrangement to manage and maintain the building.
Raymond Ramirez, speaking on behalf of Black Bonsai, LLC, opposed the City having a more active role in managing the Veterans Memorial Building and spoke regarding his organization's events at the building.
Elijah Hillstock, speaking on behalf of Black Bonsai, LLC, opposed the City having a more active role in managing the Veterans Memorial Building and spoke regarding his organization's events being able to bring unity to the community.
Elia Salinas supported continuing the current management of the Veterans Memorial Building.
Omar Rosa commented on the successful partnership between the Hollister Downtown Association and the American Legion for community events in Downtown Hollister.
Mayor Casey closed public comment at 10:52 p.m.
Councilmember Resendiz suggested a role for the City to help mediate any conflicts among users of the building.
By consensus, the City Council directed staff to move forward with negotiating a contract with Veterans of Foreign Wars Post 9242 and American Legion Post 69 for operations and management of the Veterans Memorial Building for a four-year period.
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
Item E5 was heard following agenda item E2.
City Attorney Mary Lerner provided the staff report.
Councilmember Burns supported holding the City Council regular meetings on the first and third Mondays at 4:00 p.m.
Mayor Casey opened public comment at 9:17 p.m.
Katherine Sanchez opposed introduction of Ordinance 1249. Ms. Sanchez provided additional comments in Spanish.
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Jackie Morris-Lopez, San Juan Bautista Council member, opposed introduction of Ordinance 1249. Councilmember Morris-Lopez provided suggestions to help shorten City Council meetings.
Bella Rosales opposed introduction of Ordinance 1249.
John R. opposed introduction of Ordinance 1249.
Andy Hsia-Coron opposed introduction of Ordinance 1249.
Carly Robles opposed introduction of Ordinance 1249.
Jasmine Castillo Rosales, representing the Hollister Guardians organization, opposed introduction of Ordinance 1249.
J.W. Paine opposed introduction of Ordinance 1249.
Fallon Greig opposed introduction of Ordinance 1249.
Dom Zanger opposed introduction of Ordinance 1249.
Victoria Montoya opposed introduction of Ordinance 1249, supported civility among the members of the City Council, and requested a community survey regarding controversial items.
Lucy Rodriguez opposed introduction of Ordinance 1249.
Rob Bernosky, Chairman of the San Benito County Republican Party, supported introduction of Ordinance 1249 and supported more efficient meetings.
Peter Hernandez opposed introduction of Ordinance 1249.
Lulu Fi opposed introduction of Ordinance 1249.
Elia Salinas supported introduction of Ordinance 1249.
Julio Rodriguez opposed introduction of Ordinance 1249.
Mayor Casey closed public comment at 9:48 p.m.
Councilmember Resendiz supported seeking out options to increase meeting efficiency, holding City Council meetings when a majority of the public can attend, and extensive press releases to notify the public if the meeting time changes.
Councilmember Burns supported holding the meetings at 4:00 on Mondays.
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Councilmember Perez expressed concern regarding putting a hard stop time on Council meetings because it would delay City work being done.
Councilmember Morales expressed concern regarding staff having to travel home after meetings ending late at night and stated members of the public can also participate virtually. Councilmember Morales stated if a new meeting time does not work, then it can be changed back to Mondays at 6:30 p.m.
Mayor Casey commented that when a legislative body is considering an important topic, members of the public do attend the meetings no matter what the meeting time is.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to reintroduce the ordinance to start the meetings at 4:00 p.m. the first and third Mondays with a hard stop at 10:00 p.m. Motion failed 2 -3-0 via roll call vote (Councilmembers Perez, Morales, and Mayor Casey opposed).
RESULT: Defeated [2 to 3]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Resendiz, Burns
NOES: Casey, Perez, Morales
RECUSED:
ABSTAIN:
ABSENT:
Councilmember Burns moved, and Councilmember Morales seconded the motion to reintroduce the ordinance to start the meetings at 4:00 p.m. the first and third Tuesdays with a hard stop at 10:00 p.m. Motion carried 3 -2-0 via roll call vote (Councilmembers Perez and Resendiz opposed).
By consensus the City Councils agreed to continue the meeting past 10:00 p.m.
The City Council recessed at 10:11 p.m. and reconvened at 10:22 p.m. with all members of Council present.
RESULT: Approved [3 to 2]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Morales, Burns
NOES: Perez, Resendiz
RECUSED:
ABSTAIN:
ABSENT:
City Council Monday, March 18, 2024 Page 15 of 17
6. CITY COUNCIL REVIEW OF THE CITY OF HOLLISTER CITY COUNCIL
TRAVEL POLICY
Administrative Services Director Casey Estorga provided the staff report.
Councilmember Burns requested an option to apply unused training funds to the individual member's of Council discretionary funds.
Mayor Casey opened public comment at 12:10 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 12:10 p.m.
Councilmember Morales stated training should be encouraged for the Council to better understand their roles and responsibilities. Additionally, travel expenses related to Council assignments to state and regional boards should also be provided as they are supporting the work of the City.
By consensus, the City Council directed staff to move forward with revisions to the City Council travel policy to include travel expenses related to Council assignments to state and regional boards.
F. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
1. 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
Administrative Services Director Casey Estorga provided the staff report.
Mayor Casey opened public comment at 12:22 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 12:22 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt resolution SA-2024-01. Motion carried 5-0-0.
City Council Monday, March 18, 2024 Page 16 of 17
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
G. INFORMATIONAL REPORTS
1. COMMITTEE ASSIGNMENTS
Councilmember Morales reported her attendance at a meeting of the Association of Monterey Bay Area Governments.
Mayor Casey reported on a recent meeting of the Animal Services ad hoc committee and reported her attendance at a meeting of the Community Center Collaboratory and requested $5,000 from discretionary funds for renderings of the proposed community center.
2. COUNCIL REPORTS
Councilmember Resendiz supported adopting a policy for routine checks of animal rescue non-profits; use discretionary funds to support Jovenes de Antano ; use $1500 of his discretionary funds to partner with the Library for Dia Del Ninos on April 30; announced use of translation services during the meeting.
Councilmember Burns request a staff report on animal non-profit hoarding; suggested issuance of a conditional use permit for the businesses that includes annual inspection by the Police Department; requested an update on the motorcycle rally; suggested the Council explore options for efficient meeting practices; requested a report on the pros and cons of the SAFER grant; requested a proclamation recognizing the Hollister High School boys soccer team on their recent win; and suggested each of the members of Council use $1,000 of their discretionary funds to support Jovenes de Antano.
Councilmember Perez supported the request to use Council discretionary funds to support Jovenes.
Councilmember Morales requested a procurement pre-qualification list for emergency situations with the vendors paying a living wage and a determination that the vendors have no substantial violations on project registration database; requested a monthly or quarterly crime report from the Police Department; suggested the City’s internship program be modified to become an apprenticeship program; and requested use of $3000 of her discretionary funds for printing of the City’s resource guide.
Mayor Casey supported the request to use Council discretionary funds to support Jovenes, a future agenda item looking at options for more efficient meetings, and a proclamation for the Hollister High School boys soccer team. Mayor Casey requested
City Council Monday, March 18, 2024 Page 17 of 17
the Council sign an updated acknowledgement of the City Council Code of Conduct to include the recent updates. Mayor Casey suggested the Animal Services ad hoc committee should make recommendations regarding potential policy changes governing animal rescue non-profits. Mayor Casey reported her attendance at Read Across America events; reported she spoke to eighth graders at Mays Middle School; attended meetings for Hazel Hawkins Hospital focus group with a potential partner and a town hall meeting; and reported meeting with Congresswoman Zoe Lofgren.
The members of the City Council thanked the Police Department for the recent response by animal control staff in response to an animal hoarding call in the County.
City Manager David Mirrione confirmed Council consensus on the following items:
future report on the animal hoarding incident; status report from Animal Services ad hoc committee including recommendation for policy updates; use of Council discretionary funds to support Jovenes de Antano, printing the City resource guide; provide funding for a Dia Del Ninos event with the library; and Council sign an updated acknowledgement of the City Council Code of Conduct to include the recent updates.
3. CITY MANAGER REPORT
City Manager David Mirione provided an update on the resurfacing of the Dunne Park tennis and pickelball courts. Mr. Mirrione introduced Assistant City Manager Rod Powell.
4. INFORMATIONAL MEMORANDA
1. UPDATED CITY COUNCIL PROJECTS
ADJOURNMENT
Councilmember Burns moved, and Councilmember Perez seconded the motion to adjourn the meeting at 1:02 a.m. Motion carried 5 -0-0 via roll call vote.
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: February 27, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Finance
Casey Estorga, Administrative
Services Director
TITLE OF ITEM: WARRANT REGISTER APRIL 2, 2024-AP
BRIEF DESCRIPTION: Audit attached warrant register(s)
RECOMMENDATION: Ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:
• 2-16-2024, in the amount of $45,714.71
• 2-21-2024, in the amount of $1,495,290.52
• 2-27-2024, in the amount of $2,500,093.22
ATTACHMENTS:
1. Expense Approval Register AP 2-16-24
2. Expense Approval Register AP 2-21-24_
3. Expense Approval Register AP 2-27-24
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: APRIL 2, 2024
SUBMITTED: March 21, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Housing
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2024-40, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING SUBMITTAL OF THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE 2022-2023 HOME PROGRAM GRANT
BRIEF DESCRIPTION: The City of Hollister City Council to review and accept the Housing & Community Development (HCD) HOME Housing Partnership Program application resolution (HOME).
RECOMMENDATION: Adopt a resolution approving the submittal of the 2024 HOME Grant application to the California Department of Housing and Community Development and authorizing the City of Hollister mayor to execute the 2022-2023 HCD HOME Program Application, any subsequent amendments or modifications, and other necessary documents.
DEPARTMENT SUMMARY: The California Department of Housing and Community Development (Department) issued the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME) on January 19, 2024. Funding for this NOFA is from the FY 2022 and FY 2023 allocations, plus unencumbered funds, and Program Income from previous years’ allocations. The funding level may change due to the factors listed in Section I(A) of this NOFA. This funding provides loans or grants to eligible HOME Applicants serving low-income [at or below 80 percent (80%) of Area Median Income (AMI)] and very low-income [at or below 50 percent (50%) of AMI] households. This NOFA is subject to state and federal HOME regulations.
The HOME funds provided through this NOFA will be awarded on a competitive basis for State Recipients (including Native American Entities), Community Housing Development Organizations (CHDOs), and Developers as defined in this NOFA.
Funding may be used for the following eligible uses:
Project Activities include the following items:
1) Multi-family Rental Projects (new construction and/or rehabilitation with or without acquisition); and
2) First-Time Homebuyer (“FTHB”) Projects (subdivision development)
Program Activities include the following items:
1) FTHB Programs, including in-fill new construction;
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2) Owner-Occupied Rehabilitation (“OOR”) Programs; and
3) Tenant-Based Rental Assistance (“TBRA”) Programs
City of Hollister Staff are seeking to apply for Program Activity funding for two programs:
First Time Home Buyer Program and the Tenant Based Rental Assistance Program.
The First Time Home Buyer Program provides down payment loan assistance to eligible low-income households for new and existing housing units located within the City limits of Hollister.
The Tenant Based Rental Assistance (TBRA) Program funds provide rent subsidies and/or security deposits to eligible low-income households, the minimum term of rental assistance to an eligible household is six months; however, the tenant must be initially offered a one-year lease. TBRA funds may be used to assist tenants to reside in any state HOME eligible jurisdiction within the county where the TBRA funds were awarded.
The City of Hollister along with the entire County of San Benito is an eligible HOME jurisdiction and thus the grant funding can be allocated to eligible residents within the county. The City of Hollister is in communication with the County of San Benito Health & Human Services, who operate a TBRA program and act as a subrecipient of the City’s TRBA funding portion.
The program funding limits are based on a jurisdiction’s expenditure rate on recent HOME contracts. The City of Hollister has not been awarded any recent HOME Program Activity contracts, so the maximum award amount is $500,000. All Program Activities Applicants may request up to 2.5 percent (2.5%) of the amount requested in administrative funds. In addition to the 2.5 percent (2.5%) described above for Program Activities, TBRA Applicants may request up to an additional 7.5 percent (7.5%) of the total TBRA application amount for general administrative costs (total of ten percent (10%) of TBRA funds).
Award of funds is expected to be made in Fall 2024, with the execution of a Standard Agreement with HCD completed in early/mid 2025. The expenditure deadline for the funds is September 1, 2030. A resolution granting authority to make an application to HCD for a funding commitment from the HOME Program is a requirement of the application. The HOME NOFA resolution and application are due April 9, 2024.
FINANCIAL IMPACT: The City of Hollister is seeking the maximum grant award amount of $500,000.
CEQA: This activity is not a project pursuant to California Environmental Quality Act Statute Section 21065 and Guidelines Section 15378(b)(5), as it is an administrative activity of government that will not result in direct or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
1. home-2022-2023-nofa
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. 2024-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING SUBMITTAL OF THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE 2022-2023 HOME
PROGRAM GRANT
WHEREAS, the California Department of Housing and Community Development (the “Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”) funds made available from the U.S. Department of Housing and Urban Development (“HUD”). HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulations commencing with section 8200; and
WHEREAS, on January 19, 2024, the Department issued a Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and
WHEREAS, in response to that HOME NOFA, City of Hollister, a municipal corporation, (the “Applicant”), wishes to apply to the Department for, and receive an allocation of, HOME funds.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize submittal of an application to the California Department of Housing and Community Development for funding under the HOME Investment Partnerships Program; and if selected, the execution of a Standard Agreement, and amendments thereto, and of any related documents necessary to participate in the HOME Investment Partnerships Program.
BE IT FURTHER RESOLVED, that in response to the above-referenced HOME NOFA, the City shall submit an application to the Department to participate in the HOME program and for an allocation of funds not to exceed Five-Hundred Thousand Dollars ($500,000) for the following activities and/or programs:
1. The City of Hollister proposes to use the funding for two eligible Program Activities: First Time Homebuyer Program and Tenant Based Rental Assistance.
The City of Hollister seeks to apply for the maximum eligible amount of $500,000.
The first program, First Time Homebuyer Program, will serve eligible households in City of Hollister. The secondary activity, Tenant Based Rental Assistance will be available to eligible San Benito County residents.
2. If the application for funding is approved, then the City hereby agrees to use the HOME funds for eligible activities in the manner presented in its application as approved by the Department in accordance with the statutes and regulations cited above. The City will also execute a Standard Agreement, any amendments thereto, and any and all other documents or instruments necessary or required C.3
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by the Department or HUD for participation in the HOME program (collectively, the required documents).
3. The City Council authorizes the City of Hollister Mayor to execute, in the name of the Applicant, the HOME Standard Agreement.
4. The City Council authorizes the City of Hollister Mayor to execute, in the name of the City, all other required documents.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 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. 2024-40, 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FEDERAL FINANCIAL ASSISTANCE HOUSING BRANCH 2020 W. El Camino Avenue, Suite 200,
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
January 19, 2024
MEMORANDUM FOR: ALL POTENTIAL APPLICANTS
FROM: Sasha Hauswald, Deputy Director
Division of Federal Financial Assistance
SUBJECT: HOME Investment Partnerships Program (HOME)
2022-2023 Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME). Funding for this NOFA is from the FY 2022 and FY 2023 allocations, plus unencumbered funds and Program Income from previous years’ allocations. The funding level may change due to the factors listed in the Section I (A) of this NOFA. This funding provides loans or grants to eligible HOME Applicants serving low-income [at or below 80 percent (80%) of Area Median Income (AMI)] and very low-income [at or below 50 percent (50%) of AMI] households. This NOFA is subject to state and federal HOME regulations.
The Department will target 20 percent (20%) of the HOME funding for Eligible Applicants that meet the definition of a Native American Entity as set forth and provided in this NOFA. The Department and HOME Program team will provide comprehensive technical assistance to Native American Entities throughout the application process and during implementation of the Project or Program.
The Department will also target $18 million of HOME funding for eligible activities located in Federally Declared Disaster Areas, as set forth and provided in this NOFA.
The HOME funds provided through this NOFA will be awarded on a competitive basis for State Recipients (including Native American Entities), CHDOs, and Developers as defined in this NOFA. Funding may be used for the following eligible uses:
Project Activities
• Multi-family Rental Projects (new construction and/or rehabilitation with or without acquisition); and
• First-Time Homebuyer (“FTHB”) Projects (subdivision development) Program Activities
• FTHB Programs, including in-fill new construction programs where feasible; • Owner-Occupied Rehabilitation (“OOR”) Programs; and
• Tenant-Based Rental Assistance (“TBRA”) Programs
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HOME Investment Partnerships Program (HOME) 2022-2023 NOFA
To be considered, each Applicant must submit a complete application for each HOME Project Activity and/or a Program Activity combined application with required documentation via the eCivis Grants Management System (“GMS”) Portal, only. The Department will begin accepting applications received through the eCivis GMS Portal on February 12, 2024. For cities, counties, CHDOs, and Developers, each completed application package must be submitted no later than 5:00 P.M. Pacific Daylight Time (PDT) on April 9, 2024. For Native American Entity Applicants (whether a Federally Recognized Tribe or Non-Federally Recognized Tribe), each completed application package must be by no later than 5:00 P.M. PDT on May 9, 2024.
Timeline
NOFA Release January 19, 2024
Webinars February 2024
Competitive application submittal period
for cities, counties, CHDOs, and
Developers
From February 12, 2024, through April
9, 2024, 5:00 P.M. PDT
Competitive application submittal period
for Native American Entities (NAE-FRTs
and NAE-NFRTs)
From February 12, 2024, through May
9, 2024, 5:00 P.M. PDT
If the NOFA results in insufficient applications to award all available funds, the Department reserves the right to reopen the application submission period for over-the- counter (OTC) applications on a first come, first served basis.
All activities in this NOFA are subject to the availability of funds and continuing U.S.
Department of Housing and Urban Development (“HUD”) and legislative authority.
Applications
Applicants are encouraged to set up their profiles and upload attachments and documents in the eCivis GMS Portal located at https://portal.ecivis.com/#/login early to ensure successful submissions prior to the application deadline. If Applicants experience trouble logging into the portal or have questions on how to complete the online application, please contact the Department at [email protected].
The Department will hold a series of webinars in February 2024 to review the NOFA and application process. A list of webinar dates, times, and how to register, is available on the Department’s HOME website at https://www.hcd.ca.gov/grants-and- funding/programs-active/home-investment-partnerships-program. Assistance setting up a profile, submitting an application, and managing awards through the eCivis GMS portal is available under the Training and Technical Assistance tab on the Department’s website at https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program
Additionally, technical assistance sessions will be offered during the application period to assist Applicants with questions regarding the application and application process.
Applicant seeking technical assistance can send email to the [email protected] email address and a session will be scheduled.
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HOME Investment Partnerships Program (HOME) 2022-2023 NOFA
The Department will not accept applications through personal, postal, and/or shipment deliveries, facsimiles, email, walk-in, or any other forms of delivery other than the eCivis GMS Portal.
Links to the eCivis GMS Portal, supplemental application forms, regulations, and program information are available at https://www.hcd.ca.gov/grants-and- funding/programs-active/home-investment-partnerships-program. To receive HOME NOFA FAQs and other program information and updates, please be sure to subscribe to the federal programs email list at https://www.hcd.ca.gov/contact-us/email-signup .
Please direct any questions regarding this NOFA to the HOME program at:
Attachments
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HOME INVESTMENT PARTNERSHIPS
PROGRAM (HOME)
2022-2023 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Melinda Grant, Undersecretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 W. El Camino Avenue, Suite 500, Sacramento, CA
95833 Phone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program
Email address: [email protected]
January 19, 2024
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Table of Contents
I. Overview .............................................................................................................................................. 2 A. Notice of Funding Availability ......................................................................................................... 2 B. Timeline ......................................................................................................................................... 3 C. Authorizing Legislation and Regulation Authority ........................................................................... 3 D. Application Submission Process .................................................................................................... 5 E. Definitions...................................................................................................................................... 6 II. Program Requirements ....................................................................................................................... 10 A. Eligible Applicants ....................................................................................................................... 10 B. Additional HOME Eligibility Criteria .............................................................................................. 15 C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a)) ................................................................. 15 D. Ineligible Use of Project Funds .................................................................................................... 18 E. Activity Combination and Limits ................................................................................................... 18 F. Allocation of Funding ................................................................................................................... 19 G. Activity Funding Amounts and Limits ........................................................................................... 21 H. Program Income and Recaptured Funds ..................................................................................... 25 I. Period of Affordability .................................................................................................................. 26 J. Forms of Assistance .................................................................................................................... 27 K. Administrative and CHDO Operating Funds ................................................................................ 28 L. Project-Related Soft Costs .......................................................................................................... 29 III. State and Federal Requirements ........................................................................................................ 31 A. Property Standards and Physical/Capital Needs Assessments .................................................... 31 B. Timeframes for Use of Funds ...................................................................................................... 31 C. Match Requirements ................................................................................................................... 32 D. Transition Reserve Policy ............................................................................................................ 33 E. Annual Monitoring Fees for Multifamily Projects .......................................................................... 33 IV. Application Review ............................................................................................................................. 34 A. Minimum Application Requirements (Threshold).......................................................................... 34 B. Rating and Ranking ..................................................................................................................... 37 C. Project Activity Application Scoring Factors and Evaluation ......................................................... 38 D. Program Activities Application Scoring Factors and Evaluation ................................................... 47 E. Point Deduction Rules ................................................................................................................. 50 F. Rental Project Scoring and Notification ........................................................................................ 50 G. Project Activity Feasibility Review ................................................................................................ 51 H. Appeals ....................................................................................................................................... 51 V. Award Announcements and Contracts ................................................................................................ 52 A. Award Announcements................................................................................................................ 52 C.3.a
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B. Contracts ..................................................................................................................................... 53 VI. Federal and State Overlays ............................................................................................................... 53 VII. Other Terms and Conditions ............................................................................................................... 59 A. Right to Modify or Suspend.......................................................................................................... 59 B. Conflicts ...................................................................................................................................... 59 C. False, Fictitious or Fraudulent Claims .......................................................................................... 59 D. Detecting, Preventing, and Reporting Fraud ................................................................................ 59 E. Combating Fraud ......................................................................................................................... 59 F. Whistleblower Protection Acts ..................................................................................................... 60 G. Cancellation and Defaults ............................................................................................................ 62 H. Loan Closing Requirements ........................................................................................................ 62 VIII. List of Appendices .............................................................................................................................. 62
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California Department of Housing and Community Development 2 HOME 2022-2023 NOFA
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
NOTICE OF FUNDING AVAILABILITY
I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $120 million in federal funds for the HOME Investment Partnerships Program (HOME).
This HOME NOFA provides funding for housing project activities and housing program activities in “non-entitlement jurisdictions,” which are jurisdictions and unincorporated areas that do not receive HOME funding directly from HUD.
These HOME funds will be used to benefit residents of non-entitlement jurisdictions and are specifically designed to assist low-income households by providing affordable housing. All eligible HOME activities must benefit low- income renters, homebuyers, or homeowners.
The amount of funding available through this NOFA may vary depending on several factors, including, but not limited to, the Department’s administrative determination of need, changes in legislation directing the Department to make additional funds available, new emergency allocations of funding, or newly available funding from the disencumbrance of previous awards. If additional funding becomes available, the Department may continue evaluating the list of eligible Applicants and make awards up to the additional funding amount available or release an additional NOFA to announce the targeted purpose of the funds.
These funds may be used in conjunction with other local, state, and federal rental housing programs to assist the same units in the proposed Project development, not to exceed the HOME Program maximum per-unit subsidy limits and the actual development cost of the unit. All requirements must be met for each funding source, and, if in conflict, the most restrictive programs’ requirements apply. It is the Applicant’s responsibility to review all applicable regulations and/or guidelines for every funding source anticipated to be used in the development the Project.
Pursuant to both federal and state law, all HOME costs must be: (1) necessary, (2) reasonable, (3) contain no duplication of benefit, (4) not used to supplant local or state resources, (5) free from fraud, and (6) an eligible use of HOME funds.
The funds available in this NOFA will be used to meet the following statewide goals in accordance with the Department’s 2020-2024 Consolidated Plan and the Department’s 2022-2023 Annual Action Plan, as the same may be amended from time to time, serving low-income households earning at or below 80 percent (80%) of Area Median Income (AMI) and very low-income households earning at or below 50 percent (50%) of AMI:
• Increase the supply of affordable rental housing;
• Expand homeownership opportunities and improve existing housing; C.3.a
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California Department of Housing and Community Development 3 HOME 2022-2023 NOFA
• Addressing and preventing homelessness; and
• Recovery assistance for natural disaster survivors
B. Timeline
The following table summarizes the anticipated HOME Program timeline. The Department reserves the right to modify the projected timeline at any time. Any changes to the timeline will be communicated through the Department’s HOME Listserv ( https://www.hcd.ca.gov/contact-us/email-signup) .
Table 1 – Timeline
NOFA Release January 19, 2024
Competitive application due date for
cities, counties, CHDOs, and Developers
April 9, 2024, by 5:00 P.M.
Pacific Daylight Time (PDT)
Competitive application due date for
Native American Entities (NAE-FRTs and
NAE-NFRTs)
May 9, 2024, by 5:00 P.M.
PDT
Anticipated Award Announcements
Program Activities
Project Activities with 9% tax credits
Project Activities with 4% tax credits and
no tax credits
July 2024
September/October 2024
September/October 2024*
*Based on volume these dates
may change.
C. Authorizing Legislation and Regulation Authority
This NOFA should be read in conjunction with the following regulations, statutes, and plans, which establish state and federal HOME requirements:
• State HOME Regulations (25 C.C.R. § 8200 et seq.)
https://www.hcd.ca.gov/grants-and-funding/programs-active/home- investment-partnerships-program
• State Uniform Multifamily Regulations (“UMRs”) (25 C.C.R. § 8300 et seq.) https://www.hcd.ca.gov/grants-and-funding/uniform-multifamily- regulations
• Federal HOME Investment Partnerships Act Statutes at Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, 42 C.3.a
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U.S.C. 12701 et seq.
https://www.hud.gov/sites/documents/19576_HOMELAWS.PDF
• Federal HOME Regulations (24 C.F.R. Part 92)
https://www.hudexchange.info/programs/home/home-laws-and- regulations/
• Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 • State of California 2022-2023 Annual Action Plan
https://www.hcd.ca.gov/sites/default/files/docs/policy-and-research/plan- report/StateofCADraft-2022-2023-AAP-12-6-22.pdf
All regulatory references are to the state and federal HOME regulations unless otherwise noted.
Other helpful resources, including CPD Notices, Policy Memos, and other HUD Policy Guidance for the HOME Program can be found at
https://www.hudexchange.info/programs/home/ .
Several of the terms used in the HOME NOFA have specific meanings defined by state and/or federal HOME regulations. When reviewing this NOFA and the application forms, carefully review the regulations for further defined terms. State HOME definitions are found in 25 C.C.R. § 8201 and 8217 and federal HOME definitions are found in 24 C.F.R. § 92.2.
If state or federal statutes or regulations, or other laws, policies, or procedures governing HOME or its funding are modified by Congress, the U.S. Department of Housing and Urban Development (HUD), the state Legislature, or the Department prior to completion of work to be done pursuant to awards made in connection with this NOFA, the changes may become effective immediately and apply to funded activities.
Any inconsistencies between this NOFA and state or federal HOME regulations will be resolved in favor of applicable regulations, unless a waiver or modification was approved by the Director in accordance with AB 1010 (Chapter 660, Statutes of 2019) in those instances, the waiver or modification will prevail when not in conflict with the federal HOME regulations.
The Department reserves the right at its sole discretion to suspend, amend, and/or supplement the provisions of this NOFA from time to time. If such action occurs, the Department will notify interested parties through the Department’s HOME Listserv ( https://www.hcd.ca.gov/contact-us/email-signup) .
Native American Entities
The state requirements set forth in the HOME NOFA are subject to Assembly Bill 1010 (Chapter 660, Statutes of 2019) (“AB 1010”) which is set forth in Health and Safety Code (HSC) § 50406(p), (a) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure would cause a violation or not satisfy the requirements of the HOME NOFA, said requirements may be modified as necessary to ensure program compatibility; C.3.a
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California Department of Housing and Community Development 5 HOME 2022-2023 NOFA
and (b) where the provisions of tribal law, tribal governance, tribal charter, or difference in tribal entity or legal structure or agency create minor inconsistencies (as determined by the Director of the Department or a duly authorized designee thereof) with the requirements set forth in the HOME NOFA, the Department may waive said requirements, as deemed necessary, to avoid an unnecessary administrative burden. Matters set forth or otherwise provided for in the HOME NOFA that may be modified or waived include, without limitation, threshold scoring requirements and any other matter set forth in HSC § 50406(p)(2).
Native American Entity Applicants, whether federally recognized or non-federally recognized, are accordingly encouraged to discuss any such potential modifications or waivers and their options in that regard at or during an optional pre-application technical assistance meeting. Native American Entity Applicants should be aware that AB 1010 cannot be used to modify or waive federal HOME statutory and regulatory requirements or state statutory requirements. There may be other federal laws or federal doctrines that could provide a basis for a possible modification of some federal requirements for Native American Entity Applicants. An example is where a Native American Entity has its own Tribally Determined Wage, in which case Davis Bacon wage requirements are not applicable. Native American Entity Applicants are encouraged to begin the AB 1010 waiver process before their application is submitted in order to allow time for the Department to review and make a legal decision on the request.
D. Application Submission Process
The Department will accept applications submitted via the eCivis application portal under this NOFA. Application acceptance and evaluation is subject to the state and federal regulations and the terms outlined in this NOFA. It is the Applicant’s responsibility to ensure that the submitted application is clear, complete, and accurate.
Electronic Application Submission Process
All Applicants must create an eCivis Profile prior to completing an application.
Once the profile is created, the Applicant must complete an application via the eCivis GMS Portal. Application current forms are available on the HOME website at https://www.hcd.ca.gov/grants-and-funding/programs-active/home-investment- partnerships-program.
All applications must be uploaded to the eCivis GMS Portal no later than the deadlines specified in Section I (B) Timeline of this NOFA.
The Department will not accept applications through personal, postal, shipment deliveries, facsimiles, email, walk-ins, or any other forms of delivery other than the eCivis GMS Portal.
Applicants that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on the Department’s current forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format, not converted to a PDF document.
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California Department of Housing and Community Development 6 HOME 2022-2023 NOFA
After the applicable application deadline, Department staff may request clarifying information and/or inquire as to where in the application specific information is located, provided that such information does not affect the competitive rating of the application. No information, whether written or oral, will be solicited or accepted if this information would result in a competitive advantage to an Applicant or a competitive disadvantage to other Applicants. If the Department deems the application incomplete, or it fails to provide the minimum requirements, the Applicant may appeal the determination following the guidance in Section IV (H) Appeals of this NOFA.
Disclosure of Application
Information provided in the application will become a public record available for review by the public, pursuant to the California Public Records Act (Chapter 1473, Statutes of 1968) (PRA). As such, any materials provided will be disclosable to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses. By providing this information to the Department, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon receipt of a PRA request.
Concurrent Applications
The Department understands the unique challenges of the current funding environment. Therefore, the Department will allow HOME NOFA Applicants to pursue funding from more than one Department funding Program. Separate concurrent application(s) to other HCD Program funding source(s) is permitted under this HOME NOFA. These Applicants, however, MUST submit within each application a disclosure of all Department applications under review and/or applications anticipated to be submitted, regardless of who is applying for funding (e.g., city, county, Developer, sponsor, etc.). For all anticipated applications with NOFAs subsequent to the HOME NOFA application due date, Applicants must immediately notify HOME Program staff via the HOME NOFA mailbox at the time the additional application is submitted ([email protected]). In instances where such Applicants are competitive for an award, the Department will also engage in consultation with Applicants to discern which funding scenario(s) are optimal for Project feasibility while balancing cost containment. If a concurrent application is for Department-administered state program funding and the Project receives a state program award, this may result in a reduction of either award amount. The HOME Program’s approach for HOME NOFA Applicants may be to reduce the Department-administered state program award commensurately with any amounts awarded under the HOME Program NOFA.
E. Definitions
“Applicant” is any eligible State Recipient, CHDO, Developer, or Native American Entity which submits an application to the Department to operate programs or develop or rehabilitate Projects using HOME funds within a specified C.3.a
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California Department of Housing and Community Development 7 HOME 2022-2023 NOFA
jurisdictional boundary, in accordance with 25 C.C.R. § 8201 and 8204 and HSC § 50896. A Developer of a Project shall not act as administrative subcontractor for the activity.
“Awardee" means the eligible Applicant (and, if applicable, the Co-Applicant) that has been awarded funds from the Department under the HOME Program, and that will be held responsible for compliance with and performance of all HOME requirements.
“Choice-Limiting Actions” means an action that may have an adverse impact on the environment or limit the choice of reasonable alternatives. A Choice-Limiting Action may include, but is not limited to, executing a purchase and sale agreement, signing a lease agreement, real property acquisition, rehabilitation, repair, demolition, disposition, or new construction.
For the purposes of environmental review, the Project is the aggregation of all activities that are required to build the Project and must be included in the scope of the environmental review. So even if HOME funds are only used to pay for a portion of the overall Project, Awardees and Subrecipients should still be aware of the activities involved that are considered Choice-Limiting Actions. Activities listed at 24 C.F.R. § 58.35(b) that are Categorically Excluded Not Subject To 24 C.F.R. § 58.5 (e.g., Tenant-Based Rental Assistance, provision of services) are not Choice-Limiting Actions. “Developer” means any legal entity, including Native American Entities (Native American Entities-Federally Recognized Tribes and Native American Entities- Non-Federally Recognized Tribes), that will provide or arrange for design, financing, and construction services in connection with a housing Project as set forth in 25 C.C.R. § 8201(i). A nonprofit organization, formed as a special purpose entity in compliance with 25 C.C.R. § 8313.2, by a Non-Federally Recognized Tribe (NAE-NFRT) as defined herein, may be considered a Developer if the NAE-NFRT satisfies all other Developer eligibility requirements. “Homeless” means the same as defined under the federal Continuum of Care Program at 24 C.F.R. § 578.3, as may be amended and renumbered from time to time. “Homeless” includes “chronically homeless” and “homeless with a disability.”
“Homeownership” means ownership in fee simple title in a 1- to 4-unit dwelling or in a condominium unit, or equivalent form of ownership approved by HUD. (1) The land may be owned in fee simple or the homeowner may have a 99-year ground lease.
(i) For housing located in the insular areas, the ground lease must be 40 years or more.
(ii) For housing located on Indian trust or restricted Indian lands or a Community Land Trust, the ground lease must be 50 years or more.
(iii) For manufactured housing, the ground lease must be for a period at least equal to the applicable period of affordability in 24 C.F.R. § 92.254.
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California Department of Housing and Community Development 8 HOME 2022-2023 NOFA
“Local Agency” means a city, county, city and county, or a Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, in accordance with HSC § 50077.
“Local Public Entity” means any county, city, city and county, Native American Entity that is a duly constituted governing body of an Indian Reservation or Rancheria, redevelopment agency organized pursuant to Part 1 (commencing with section 33000) of Division 24, or housing authority organized pursuant to Part 2 (commencing with section 34200) of Division 24, in accordance with HSC § 50079.
“Native American Entity” (“NAE”) means an “Indian Tribe” or a “Tribally Designated Housing Entity” that is any of the following: a) Applicant meets the definition of Indian Tribe under Section 4103(13)(B) of Title 25 of the United States Code; b) Applicant meets the definition of Tribally Designated Housing Entity under 25 U.S.C. 4103(22); or c) If Applicant is not a federally recognized tribe as identified above, Applicant is either: (1) Listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R.
Part 83.1; or (2) An Indian Tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of consultation pursuant to GC Section 65352.3, and 3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2. “Native American Entity – Federally Recognized Tribe (“NAE-FRT”) means any Tribal Government which is a federally recognized tribe as defined at 25 U.S.C. section 4103(13)(B) and includes a duly constituted governing body of an Indian Reservation or Rancheria as Health and Safety Code section 50077 and 50079; or is a Tribally Designated Housing Entity under 25 U.S.C. section 4103(22).
A NAE-FRT may apply as a State Recipient or Developer for HOME Funds. “Native American Entity – Non-Federally Recognized Tribe” (“NAE-NFRT”) means any Tribal Government which is an Indian Tribe located in California that is not a federally recognized tribe and is either: (1) listed in the Bureau of Indian Affairs Office of Federal Acknowledgment Petitioner List, pursuant to 25 C.F.R.
Part 83.1, and has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2; or (2) listed on the contact list maintained by the California Native American Heritage Commission for the purposes of consultation pursuant to Government Code (GC) § 65352.3, and (3) has formed and controls a special purpose entity in compliance with 25 C.C.R. § 8313.2.
A NAE-NFRT may only apply as a Special Purpose Entity Developer for HOME funds for project activities.
“Native American Lands” means real property located within the State of California that meets the following criteria: (1) is trust land for which the United States holds title to the tract or interest in trust for the benefit of one or more tribes or individual Indians, or is restricted Indian land for which one or more tribes or individual Indians holds fee title to the tract or interest but can alienate or encumber it only with the approval of the United States; and the land may be leased for housing development and residential purposes under federal law; or C.3.a
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California Department of Housing and Community Development 9 HOME 2022-2023 NOFA
(2) lands outside the jurisdiction of tribal government owned or co-owned by a Native American Entity in accordance with 25 C.C.R. § 8201(y). “Native American Entity (NAE) Service Area” means the area where the Project is located within the NAL and includes lands outside the NAE tribal government jurisdiction up to 100 miles from the boundary of the NAE trust or restricted land as defined at 25 U.S.C. 2201 that is within non-entitlement jurisdictions.
“Project” means a site or sites together with any building (including a manufactured housing unit) or buildings located on the site(s) that are under common ownership, management, and financing and are to be assisted with HOME funds as a single undertaking under this part. The Project includes all the activities associated with the site and building. For tenant-based rental assistance and program activities, Project means assistance to one or more families.
“Project Commitment” means the date the state has executed a Standard Agreement with an Awardee that includes the date and signature of each person signing the agreement, and that meets the minimum requirements of a Standard Agreement as defined in 24 C.F.R. § 92.504(c).
Additionally, if the Department or the Awardee is providing HOME assistance to a family to acquire single-family housing for homeownership, the Department or the Awardee and the family have executed a written agreement under which the HOME assistance will be provided, and the property title will be transferred to the family or purchaser within six months of the agreement date.
If the Department or the Awardee is providing HOME assistance to a family in the form of Tenant-Based Rental Assistance (TBRA), the Department or the Awardee has entered into a rental assistance agreement with the owner or the tenant in accordance with the provisions of 24 C.F.R. § 92.209. “Project Completion” means that all necessary title transfer requirements and construction work have been performed; the Project complies with the requirements of this part (including the property standards under 24 C.F.R. §
92.251); the final drawdown of HOME funds has been disbursed for the Project; and the Project Completion information has been entered into the disbursement and information system established by HUD, except that with respect to rental housing Project Completion, for the purposes of 24 C.F.R. § 92.502(d) of this part, Project Completion occurs upon completion of construction and before occupancy. For tenant-based rental assistance, Project Completion means the final drawdown has been disbursed for the Project. Depending on the Project’s funding mix, the Department may also require a recorded Notice of Completion, Certificate of Occupancy, and/or evidence of stabilized rents to demonstrate Project Completion.
“Special Needs Populations” means the same as defined under section 7301 of the Multifamily Housing Program guidelines: agricultural workers, individuals living with physical or sensory disabilities and transitioning from hospitals, nursing homes, development centers, or other care facilities; individuals living with developmental disabilities, serious mental illness, or substance abuse C.3.a
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disorders; individuals who are survivors of domestic violence, sexual assault, and human trafficking; individuals who are experiencing homelessness; individuals with HIV; homeless youth as defined in California Government Code § 129571(2); families in the child welfare system for whom the absence of housing is a barrier to family reunification, as certified by a county; frequent users of public health or mental health services, as identified by a public health or mental health agency; frail elderly persons; or other specific groups with unique housing needs as determined by the Department. “Special Needs Populations” do not include seniors unless they otherwise qualify as a Special Needs Population. “Special Purpose Entities” means the legal entity or combination of legal entities with continuing control of the HOME Project and conforms with the requirements of 25 C.C.R. § 8313.2.
“State Recipient” means a “unit of general local government” designated by the State to receive HOME funds, in accordance with, as provided at 24 C.F.R. §
92.201(b)(2) and 25 C.C.R. § 8201(ii) and includes NAE-FRTs.
NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that NAE-FRTs are considered a “unit of general local government” and thus eligible for HOME funds as a State Recipient. The Department, upon request, will produce a copy of the HUD letter dated March 16, 2016. “Subrecipient” means a public agency or nonprofit organization selected by the Department to administer the State HOME Program to produce affordable housing, provide down payment assistance, or provide tenant-based rental assistance. A public agency or nonprofit organization that receives HOME funds solely as a Developer or owner of a housing project is not a Subrecipient, as provided at 24 C.F.R. § 92.2.
NOTE: HUD has opined in a HUD letter to the Department dated March 16, 2016, that the definition of “public agency” is construed broadly to mean “governmental entity” and thus includes NAE-FRTs to be eligible for HOME funds as a Subrecipient.
II. Program Requirements
The following is provided as only a summary and is not to be considered a complete representation of the entirety of the eligibility, threshold, or other requirements or terms and conditions of the HOME program.
A. Eligible Applicants
1. State Recipients, as defined by this NOFA, including NAE-FRTs To meet the definition of an eligible State Recipient, Applicants must meet the following criteria:
a. Have not been designated as a HOME Participating Jurisdiction by HUD; b. Are not participants in an Urban County Agreement with a county that is designated as a Participating Jurisdiction;
c. Are not participants in a HOME Consortium; and
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d. Are proposing Project or Program Activities that will be located or carried out in the Applicant’s defined service area. Generally, this will be within the Applicant’s city limits, a county’s unincorporated area, or on or within 100 miles of Native American Lands as defined in 25 C.C.R. § 8201(y)(1) and within non-entitlement jurisdictions.
NOTE: NAE-FRTs must only carry out program activities within the defined NAE Service Area. NAE-FRTs must carry out project activities located within the state HOME program’s non-entitlement jurisdictional boundaries, which includes Native American Lands located within California.
Eligible city and county jurisdictions for 2022 and 2023 federal HOME funds are listed in Appendix A. If a city or county jurisdiction (jurisdiction) is not listed in Appendix A and is of the opinion that the jurisdiction is eligible to apply to the Department for HOME funds, the jurisdiction must submit a copy of the consortium or urban county agreement indicating that the jurisdiction is not a participant of a FY 2022-2023 or FY 2023-2024 HOME consortium or Urban County Agreement. The copy must be submitted no later than April 9, 2024, to the Department at [email protected].
2. Eligible CHDOs (State-certified Community Housing Development Organizations (CHDOs) as defined by 25 C.C.R. § 8201(f)) a. CHDO Applicants must meet all the requirements found at 24 C.F.R. §
92.2 at the time of application submittal and be certified by the Department prior to any project activity or program activity funding award through this NOFA.
b. CHDO Applicants will be required to submit through the eCivis GMS Portal the following documents required to complete the certification review prior to or as part of the application package:
(1) A copy of the letter from the Internal Revenue Service demonstrating exemption under Section 501(c)(3) or (4) and evidence of good standing from the California Franchise Tax Board dated no more than 12 months prior to the date Applicant applies for certification. (2) A copy of the corporation’s financial statement that is dated no more than 12 months prior to the date Applicant applies for certification. (3) A copy of the corporation’s bylaws, containing at a minimum, the governing board composition, the fulfillment and maintenance of 1/3 representation requirement found in 24 C.F.R. § 92.2, description of the manner in which board members are selected, evidence of purpose of the organization that complies with requirement in 24 C.F.R. § 92.2, disclosure of relationships with for-profit individuals and or entities, if any, as they relate to the governance of the corporation. (4) A copy of the corporation’s articles of incorporation and any amendments.
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dated no more than 12 months from the date of application of certification.
(6) A description of the formal process used to solicit advice from low- income beneficiaries in decisions regarding design, citing, development, and management of affordable housing.
(7) A plan that describes tenant participation in management decisions for a rental project and the proposed fair lease and grievance procedures pursuant to 24 C.F.R. § 92.303.
(8) A list of current staff members responsible for any proposed HOME activity, with resumes. If staff do not have capacity, a commitment to hire an experienced consultant and a training plan must be submitted with the application for certification. For its first year of funding as a CHDO, an organization may satisfy this requirement through a contract with a consultant who has housing development experience to train appropriate key staff of the organization.
(9) Evidence of the Applicant’s history serving the community within which housing to be assisted with HOME funds is to be located. (10) A list of current board members, their occupations, and the names of their employers.
(11) A document that demonstrates to the satisfaction of the Department that any and all audit findings will have been resolved prior to receiving Department funding.
(12) Evidence the CHDO has not been debarred or suspended from participation in federal or state housing or community development projects or programs.
(13) Board Member Certifications completed and signed by each Board Member.
c. Projects being funded through this NOFA with the CHDO set-aside are required to be “owned, developed, or sponsored” by an eligible state certified CHDO. “Owned, developed, and sponsored” are defined at 24 C.F.R. § 92.300 as:
(1) Owner: Rental housing is “owned” by the CHDO if the CHDO is the owner in fee simple absolute of multifamily or single-family housing (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) for rental to low-income families in accordance with 24 C.F.R. §
92.252. If the housing is to be rehabilitated or constructed, the CHDO hires and oversees the Developer that rehabilitates or constructs the housing. At minimum, the CHDO must hire or contract with an experienced Project manager to oversee all aspects of the development, including obtaining zoning, securing non-HOME financing, selecting a Developer or general contractor, overseeing the progress of the work and determining the reasonableness of costs.
The CHDO must own the rental housing during development and for a period at least equal to the period of affordability. If the CHDO acquires C.3.a
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housing that meets the property standards in 24 C.F.R. § 92.251, the CHDO must own the rental housing for a period at least equal to the period of affordability.
This option is available to CHDOs having experience and capacity to own and operate affordable rental housing but lack the experience or capacity to develop the Project. This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below).
(2) Developer: The CHDO may act as Developer if the CHDO is the owner of multifamily or single-family housing in fee simple absolute (or has a long-term ground lease meeting the requirements of 25 C.C.R. § 8316) and the Developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for rent to low-income families in accordance with 24 C.F.R. § 92.252. To be the Developer, the CHDO must be in sole charge of all aspects of the development process, including obtaining zoning, securing non-HOME financing, selecting architects, engineers and general contractors, overseeing the progress of the work, and determining the reasonableness of costs. At a minimum, the CHDO must own the housing during development and for a period at least equal to the period of affordability.
This option is not available if the Project is owned by a limited partnership entity (see Sponsor paragraph below).
CHDOs are not allowed to act as Developer in Projects where the CHDO does not have a long-term ownership interest and contractual relationship with the Project owner (i.e., a Development Services Agreement) to develop the Project.
(3) Sponsor: 24 C.F.R. Part 92 provides two explanations of what it means to “sponsor” a HOME-assisted rental housing Project.
a) A CHDO “sponsors” a Project when the property is “owned” or “developed” by:
o An affiliated subsidiary of the CHDO, which is wholly owned by the CHDO;
o A limited partnership of which the CHDO or its wholly owned affiliated subsidiary is the sole general partner; or
o A limited liability company of which the CHDO or its wholly owned affiliated subsidiary is the sole managing member. b) A CHDO may “sponsor” a Project in situations where the CHDO owns the property (in fee simple absolute), develops the housing, and agrees to convey the housing to a different private nonprofit organization at a predetermined point in time after Project Completion. The nonprofit to which the Project will be conveyed does not need to be a CHDO but must be identified and approved by the Department prior to Project Commitment of HOME funds. Additionally, this nonprofit cannot be created by a C.3.a
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governmental entity. If for any reason the Project is not transferred to this nonprofit, the CHDO remains liable for the HOME funds and Project for the term of the affordability period. c) If awarded HOME funds, CHDOs must obtain all necessary permanent Project financing, including the permanent financing for the required period of affordability, and must execute a Standard Agreement with the Department pursuant to 25 C.C.R. § 8217(b)(1).
d. CHDO FTHB Projects and Infill New Construction site control and ownership requirements:
(1) Housing for homeownership is “developed” by the CHDO if the CHDO is the owner (in fee simple absolute) and developer of new housing that will be constructed or existing substandard housing that will be rehabilitated for sale to low-income families in accordance with 24 C.F.R. § 92.254.
(2) Pursuant to Pursuant to 24 C.F.R. § 92.300(a)(6)(i), to be the “developer,” the CHDO must arrange financing of the Project and be in sole charge of construction. The CHDO may provide direct homeownership assistance (e.g., down payment assistance) when it sells the housing to low-income families and the CHDO will not be considered a subrecipient. The HOME funds for down payment assistance shall not be greater than 10 percent (10%) of the total amount of HOME funds awarded for development of the housing. (3) The state or the State Recipient must determine and set forth in its written agreement with the CHDO the actual sales prices of the housing or the method by which the sales prices for the housing being developed will be established.
(4) Prior to award, CHDOs must be certified to serve the jurisdiction in which the Project is located, and the jurisdiction must be eligible to receive state HOME assistance funds.
3. Eligible Developers as defined by this NOFA
Developers must satisfy all other eligibility requirements detailed in this NOFA including, but not limited to, experience and capacity requirements.
Developers may partner with a State Recipient Applicant in addition to submitting one application on its own, however both applications must not be for the same Project.
NAE-NFRTs may only apply as a Developer for HOME funds and are not eligible to apply as State Recipients or CHDOs. NAE-NFRTs applying as a Developer may only apply for project activities.
NOTE: A Limited Partnership (LP) is not considered an eligible Applicant/Awardee but may be the ultimate borrower under specific circumstances. If an eligible Applicant intends to create a LP, please consult with HOME staff prior to submitting an application.
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B. Additional HOME Eligibility Criteria
1. Minimum Expenditure Requirement for Program Activities (50 Percent Rule) Pursuant to 25 C.C.R. § 8204(b), Applicants with current HOME Program Activities contracts, for which the expenditure deadline established in the contract(s) has not yet passed, shall be ineligible to apply for a program activity unless the Applicant has expended at least fifty percent (50%) of the aggregate total of program funds originally awarded by this NOFA’s applicable application due date.
Potential Applicants with no open HOME Program Activities contracts are not affected by this rule.
“Expended” funds are the total of all valid Administrative and Project Drawdown Requests (PDRs) or, for TBRA, future commitments on Project Set-up Reports received by the Department by the NOFA application deadline. Additionally, for FTHB and OOR, a valid PDR is limited to the amount needed for reimbursement of actual expenses for work that has been completed (Work Completed). Work Completed varies by activity as follows:
a. FTHB activity: escrow has closed, as evidenced by a final HUD Settlement Statement;
b. OOR activity: construction completed and inspected;
c. TBRA activity: rental payment assistance amount multiplied by the number of months in the individual tenants’ TBRA agreements, to the extent those funds are available in existing TBRA grants.
2. Applicants must be in good standing with the State of California and all agencies and departments thereof. By way of example and not limitation, if an Applicant is a business entity, such entity must be qualified to do business in California and currently in good standing with the California Secretary of State and the California Franchise Tax Board.
C. Eligible Activities (Pursuant to 24 C.F.R. § 92.205(a))
1. Project Activities — Eligible HOME Project Activities are as follows:
a. Rental Projects
(1) Rental New Construction Projects — funds are provided to develop a specific multifamily Project on a specific site by a specific Developer. Rental new construction Projects may be with or without acquisition; or
(2) Rental Rehabilitation Projects — funds are provided to rehabilitate a specific rental Project on a specific site by a specific Developer, with or without property acquisition.
Pursuant to 24 C.F.R. § 92.205(a), “acquisition” is considered a transfer of real property between unaffiliated third parties.
Therefore, a “rehabilitation with acquisition Project” is eligible only if there will be an acquisition of real property. A title or vesting C.3.a
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change of current ownership is not acquisition of property, whether or not monies were exchanged.
Applicants requesting project activities funding for a rental Project consisting of multiple sites must be in compliance with 25 C.C.R. § 8303(b).
NOTE: Projects proposed for acquisition only are not eligible for funding.
b. First-Time Homebuyer (FTHB) Projects
Construction financing must include the following:
(1) New construction or acquisition/rehabilitation/conversion to develop homes on specific site(s).
(2) All (100 percent) of the HOME investment rolls over to permanent financing to provide mortgage assistance to eligible first-time homebuyers when the units are sold to eligible homebuyers.
NOTE: Rental and FTHB Projects with multiple sites must have common ownership and financing.
2. Program Activities — Eligible HOME Program Activities are as follows:
a. First-Time Homebuyer (FTHB) Program
(1) Acquisition-only Down Payment Assistance – funds are awarded to a HOME-eligible Applicant to provide loans to homebuyers for acquisition of a modest dwelling that the homebuyer selects from the open market.
NOTE: CHDOs are ineligible for this activity.
(2) Infill New Construction – funds are awarded to an eligible State Recipient or CHDO to provide assistance for the new construction of dwellings on scattered sites, with no more than four dwellings per vacant site, subject to the following requirements:
Pursuant to federal National Environmental Policy Act (NEPA) requirements, an environmental assessment
(EA) will be required, regardless of the funding source, if there are more than four units developed within 2,000 feet of one another.
Pursuant to the HOME NOFA, to be considered an Infill New Construction program the Applicant must assume
the role of developer, own the property during
construction, and sell the home to an eligible
homebuyer within nine (9) months of Project
Completion. All dwellings must be situated on land held in fee simple, leasehold, or another manner approved
in writing by the Department, and be affixed to a
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permanent foundation at the time of construction
closing.
Pursuant to 25 C.C.R. § 8207, the FTHB primary mortgage loan must be fully amortized and have a fixed interest rate that does not exceed the current market rate by more than 100 basis points (1%) as recognized by the 90-day “posted yield” for 30-year fixed rate loans, established by Fannie Mae. Rates are available at
https://singlefamily.fanniemae.com/pricing-execution/historical-daily- required-net-yields.
For Infill New Construction Projects with costs that exceed 100 percent (100%) of the appraised value, this activity is eligible only if the applicant clearly documents the availability of grant funds or building sites currently owned by the Applicant or Developer. For example, if the Project includes a development grant as a funding source, then the Applicant must provide a commitment letter from the funding source in form and content acceptable to the Department in its sole discretion. b. Owner-Occupied Rehabilitation (OOR) Program
Funds to a HOME-eligible Applicant to assist owners whose primary residence is in need of repairs, improvements, or reconstruction necessary for correction of any health and safety deficiencies, and to meet locally adopted standards used for rehabilitation Projects. “Reconstruction” means demolition and rebuilding on the same residential lot. This includes homes destroyed by natural causes as long as HOME funds are committed within 12 months of the date of destruction.
c. Tenant-Based Rental Assistance (TBRA) Program
For funds provided to a HOME Applicant to administer a program to provide rent subsidies and/or security deposits to eligible households, the minimum term of rental assistance to an eligible household is six months; however, the tenant must be initially offered a one-year lease.
TBRA funds may be used to assist tenants to reside in any state HOME- eligible jurisdiction within the county where the TBRA funds were awarded. TBRA funds awarded to NAE-FRTs must be used to assist tenants with housing within the NAE Service Area where the TBRA funds were awarded.
For example, TBRA funds awarded to the City of Winters can also be used for units located in West Sacramento, Woodland, and the unincorporated areas of Yolo County, since these jurisdictions are state HOME eligible within Yolo County, but they may not be used in Davis, which is not state HOME eligible.
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D. Ineligible Use of Project Funds
Pursuant to 24 C.F.R. § 92.214 federal HOME funds cannot be used for several items, including, but not limited to:
1. Initial deposit to the replacement reserve as required by 25 C.C.R. § 8309.
Therefore, in a Project where HOME is the only source of financing, or if other lenders/equity partners will not pay for these costs, the Developer must pay them;
2. Provide tenant-based rental assistance for the special purposes of the existing section 8 program;
3. Provide non-federal matching contributions required under any other federal program; and
4. Applicants may not charge servicing, origination, or other fees for the purpose of covering costs of administering the HOME program (e.g., fees on low- income families for construction management or for inspections for compliance with property standards) (see 24 C.F.R. § 92.206(d)(6) and §
92.207), with exceptions referenced in 24 C.F.R. § 92.214(b)(1).
In accordance with the Department’s 2022-2023 Annual Action Plans, HOME funds may not be used to pay for the cost to refinance existing Project debt.
Pursuant to 24 C.F.R. § 92.206(a)(4), HOME funds cannot pay for the costs associated to construct or rehabilitate laundry and/or other community facilities located in separate buildings containing no residential units. In addition, any community facilities must be for the exclusive use of the residents and their guests and cannot be available to the general public.
Pursuant to 24 C.F.R. § 92.206 (b)(2)(vi), federal HOME funds cannot be used to refinance single family or multifamily housing loans made or insured by any federal program, including CDBG.
Additionally, HOME funds cannot provide a duplication of benefit or supplant any other federal, state, or local funds previously committed to the Project.
For further ineligible uses of HOME funds, refer to 24 C.F.R. § 92.214.
E. Activity Combination and Limits
State Recipients (excluding Developers and CHDOs) may apply for multiple eligible activities as follows:
1. One rental Project and one FTHB Project; or
2. One rental Project, and any combination of eligible Program Activities; or
3. One FTHB Project and any combination of eligible Program Activities, except for a FTHB program
A separate application must be submitted for each project activity. For program activities, one main application must be submitted, along with a C.3.a
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sub-application for each desired program activity. Project and program activities are rated and ranked separately.
CHDOs may apply for multiple eligible activities as follows:
1. One rental Project and one FTHB Project; or
2. One rental Project or FTHB Project and one FTHB Program Activity of infill new construction
Developers (not applying through a State Recipient) may submit one application pursuant to this NOFA. This application may consist of only one eligible activity as follows:
1. One rental rehabilitation Project, with or without acquisition; or
2. One rental new construction Project, with or without acquisition NOTE: Using both HOME FTHB project activity funds and HOME FTHB program activity funds for the same Project is not permitted.
F. Allocation of Funding
To promote equitable distribution of HOME Program funds, funding made available by this NOFA will be allocated in accordance with the state regulations and targets cited below, to the extent eligible applications are available to fund.
Table 2 - Allocation of Funding
Funding Targets and Statutory Set-Asides Amount
CHDO Set-Aside
Pursuant to 24 C.F.R. § 92.300(a), the Department will
allocate 15 percent (15%) of total funds available after state administrative costs for HOME allocation for
housing to be owned, developed or sponsored by
CHDOs.
$ 18,000,000
Program Activities Target
Pursuant to 25 C.C.R. § 8212.1, the Department will
allocate 40 percent (40%) of total funds available after state administrative costs for Program Activities.
$ 48,000,000
Rental Projects Target
Pursuant to 25 C.C.R. § 8212.1, the Department will
allocate 55 percent (55%) of total funds available after state administrative costs for rental Projects. This
amount includes a 15% CHDO set-aside.
$ 66,000,000
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First-Time Homebuyer Projects Target
Pursuant to 25 C.C.R. § 8212.1, the Department will
allocate 5 percent (5%) of total funds available after
state administrative costs for FTHB Projects. This
amount includes a 15% CHDO set-aside.
$ 6,000,000
Rural Areas Target
Pursuant to 25 C.C.R. § 8212 (b)(3), the Department
will reserve a minimum of 50 percent (50%) of total
funds available after state administrative costs, for use in Rural areas as defined in the HSC § 50199.21.
$ 60,000,000
Native American Entity Target
The Department will target 20 percent (20%) of total
funds available after state administrative costs, to target Native American Entity Applications (as either State
Recipients or Developers).
In the event target funds remain, the allocation will be used to fund non-Native American eligible Applicants
until all funds available for this NOFA are awarded.
All Native American Entity Applicants must pass threshold and meet any minimum score requirements to be eligible for awards.
$ 24,000,000
Federally-Declared Disaster Areas Target
The Department will target $18,000,000 for Projects and Programs located in Federally-Declared Disaster Areas
pursuant to the HUD memorandum dated May 17,
2023, referencing the federally-declared disaster areas under title IV of the Stafford Act, DR-4699-CA dated
April 3, 2023, and DR-4683-CA dated January 27, 2023,
as may be amended
( https://www.fema.gov/disaster/4699)
( https://www.fema.gov/disaster-federal-register-
notice/dr-4683-ca-public-notice-001). The Federally-
Declared Disaster Areas are the following counties:
DR-4683 & DR-4699 IA-Declared Counties
Alameda (County) Amador (County)
Butte (County) Calaveras (County)
Contra Costa (County) Kern (County)
Madera (County) Mariposa (County)
Mendocino (County) Merced (County)
$18,000,000 –
from
unsubscribed
funds (2021-
2022 NOFA)
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Mono (County) Monterey (County)
Nevada (County) Sacramento (County)
San Benito (County) San Bernardino (County)
San Joaquin (County) San Luis Obispo (County)
San Mateo (County) Santa Barbara (County)
Santa Clara (County) Santa Cruz (County)
Tulare (County) Tuolumne (County)
Ventura (County)
Sources:
https://www.fema.gov/disaster/4683/designated-areas
https://www.fema.gov/disaster/4699/designated-areas
In the event target funds remain, the allocation will be used to fund non-disaster area eligible Applicants until all funds available for this NOFA are awarded.
All disaster area Applicants must pass threshold and
meet any minimum score requirements to be eligible for
awards.
NOTE: The Project Commitment deadline for Projects
awarded under this target is May 17, 2025.
25 C.C.R. § 8213(d) specifies that in the event there are insufficient monies to fund an Applicant’s entire program activities funding request, the Applicant may be offered a lower amount of funding. The lower amount of funding may be offered only if the funding is sufficient to complete a portion of the application activities, which, if evaluated separately, would have been awarded. If the amount of funding available is insufficient, the available funds may be allocated to feasible applications in another allocation..
If the amount requested by all HOME Applicants competitively is lower than the available funds, the remaining HOME funding may be made available on an over-the-counter (OTC) basis. The Department will notify all parties through an “HCD Listserv” announcement if there will be a subsequent OTC HOME NOFA funding opportunity.
G. Activity Funding Amounts and Limits
Award limits apply to the combined amount of funds requested through this NOFA and any HOME Program Income (PI) that will be committed to the Project.
State Recipients (excluding Developers) may apply for up to $12,000,000 for a multifamily rental Project, up to $75,000 for administrative costs, and up to $75,000 for Project-related soft costs, for a maximum total request of $12,150,000.
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CHDOs may apply for up to $12,000,000 for a multifamily rental Project and up to $150,000 for CHDO operating costs, for a total maximum request of $12,150,000.
Developers may apply for up to $12,000,000 for a Project. Developers are not eligible for reimbursement of administrative costs or Project related soft- costs.
Prior to the issuance of the Award letter, the Department will evaluate the financial feasibility of each Project and may, as necessary for Project feasibility or to prevent over subsidizing a Project in accordance with 25 C.C.R. § 8300 et seq., decrease the HOME award amount.
Homebuyer Project Loan Limits:
• Down Payment assistance cannot exceed 50 percent (50%) of the proposed unit sales price plus closing costs. Applicants will need to consider the pool of potential participants’ income levels to determine the amount of HOME funds needed to complete the project and ensure each beneficiary is provided HOME down payment assistance based on need and remain within the HOME Program maximum per-unit subsidy limits.
• The HOME Program maximum per-unit subsidy limits and the HOME Homeownership Value Limits apply. All loan amounts will be verified by a subsidy layering analysis, and loan amounts will be reduced if the amount requested exceeds what is needed.
Project Activity Funding Limits
Table 3 - Funding Limits by Project Activity
Rental new construction or rehabilitation
with or without acquisition $12,000,000
FTHB Projects $3,000,000
CHDO Operating Funds Grant* - when
applying for $6,000,000 or more in Project
development activity funds
$150,000
CHDO Operating Funds Grant* - when
applying for less than $6,000,000 in Project
development activity funds
$100,000
Administrative Funds Grant* $75,000
Project-Related Soft Costs Grant* $75,000
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*See Section II (K) and (L) of this NOFA for guidance.
Minimum Amount of Funds per Project
The minimum amount of HOME funds that must be invested in a rental or homeownership housing Project is $5,000 per HOME-assisted unit in the Project. This requirement does not apply to TBRA funding.
For example, a Project with 30 units, of which 15 units are HOME-assisted, requires a minimum HOME investment of $75,000.
Maximum Amount of Funds per Project
The maximum amount of HOME funds invested in a Project, direct beneficiary assistance, and Project-related soft costs, shall not exceed the lower of:
a. HOME Program maximum per-unit subsidy limits, established by HUD (usually updated annually), under 24 C.F.R. § 92.250; or b. Pursuant to 24 C.F.R. § 92.205(d)(1), only the actual HOME-eligible development costs of the assisted units may be charged to the HOME program. If the assisted and non-assisted units are comparable in terms of size, features, and number of bedrooms, the actual cost of the HOME- assisted units can be determined by prorating the total HOME eligible development costs of the Project so that the proportion of the total development costs charged to the HOME program does not exceed the proportion of the HOME-assisted units in the Project. If the assisted and non-assisted units are not comparable, the actual costs may be determined based on a method of cost allocation; and
The maximum amount of HOME funds invested in a Project (when combined with other financing and assistance), must accomplish the following:
a. Enable the Project as proposed to be developed and operate in compliance with all HOME requirements, including the subsidy-layering requirement at 24 C.F.R. § 92.250. For more information, see HUD CPD Notice 15-11: Requirements for the Development and Implementation of HOME Underwriting and Subsidy Layering Guidelines.
b. For rental Projects of five or more units, achieve a debt-service coverage ratio in accordance with 25 C.C.R. § 8310.
The current income and rent limits must be used in these calculations. They are located on the Department’s website at: https://www.hcd.ca.gov/grants- and-funding/income-limits/state-and-federal-income-rent-and-loan-value- limits. The current HOME Program maximum per-unit subsidy limits are also incorporated into the application forms required to be completed when responding to this NOFA.
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FTHB and OOR activities are also subject to the HOME Homeownership Value Limits, also located on the same website.
A Project may receive only one HOME award as a result of this NOFA. This prohibits the combination of awards to a State Recipient, Developer, and/or CHDO on the same Project.
Pursuant to 24 C.F.R. § 92.250, before committing funds to a Project, the Department must evaluate the project in accordance with the UMRs and will not invest any HOME funds, in combination with other governmental assistance, than is necessary to provide affordable housing. HOME Projects may not receive more subsidy than what is required to make them financially feasible.
Federally-Declared Disaster Area Waivers
HUD has established the availability of potential suspensions and waivers of certain statutory and regulatory requirements associated with the HOME program (including, but not limited to, the suspension of maximum per-unit subsidy limits) for areas covered by a major disaster declaration under title TV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), DR-4699-CA, dated April 3, 2023, and DR-4683-CA dated January 27, 2023, as may be amended.
The following Federally-Declared Disaster Areas are permitted to suspend the maximum per-unit subsidy limits, pursuant to this NOFA:
Alameda (County) Amador (County)
Butte (County) Calaveras (County)
Contra Costa (County) Kern (County)
Madera (County) Mariposa (County)
Mendocino (County) Merced (County)
Mono (County) Monterey (County)
Nevada (County) Sacramento (County)
San Benito (County) San Bernardino (County)
San Joaquin (County) San Luis Obispo (County)
San Mateo (County) Santa Barbara (County)
Santa Clara (County) Santa Cruz (County)
Tulare (County) Tuolumne (County)
Ventura (County)
For more information, see HUD Memo: Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Facilitate Recovery from California Severe Winter Storms, Flooding, Landslides, and Mudslides (DR-4683-CA) and HUD Memo:
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Availability of Waivers of CPD Grant Program and Consolidated Plan Requirements to facilitate Recovery from California Severe Winter Storms, Straight-Line Winds, Flooding, Landslides, and Mudslides (DR-4699-CA).
Program Activities Funding Limits
Maximum: $1,500,000 (including general administrative costs and Project- related soft costs). Minimum: $500,000. Applies to HOME-eligible Applicants for all Program Activities, subject to the following chart:
*See “Expended Funds” definition in 25 C.C.R. § 8204(b).
NOTE: Applicants that do not have open HOME Program Activities contracts past the expenditure deadline as of the NOFA application due date may apply for up to $500,000.
Successful Applicants (Awardees) will be evaluated periodically to determine if their rate of expenditure is reasonable. The Department may disencumber all or a portion of the grant if there is an unreasonably low rate of expenditure, as determined by the Department in its sole discretion.
H. Program Income and Recaptured Funds
Federal regulations at 24 C.F.R. § 92.503 require that all Program Income (PI) and Recaptured Funds (RF) to be used in accordance with HOME regulations and only for HOME eligible activities, and PI and RF funds on hand must be maintained in an interest-bearing account. Interest earned on those funds is considered PI. To avoid de-committing appropriated grant funds from a specific Project, HOME PI may be accumulated throughout the current reporting period (fiscal year) but must be committed to a Project in the next fiscal year. Approval from the Department is required prior to the use of all HOME PI and RF.
The PI received during the current reporting period, as well as any anticipated to be received in the next program year, must be reported to the Department to comply with HUD reporting requirements. Additionally, the Applicants must identify how the funds will be used (name the Project or Program Activity, and the intended beneficiary type) to ensure timely use of Table 4 - HOME Expenditure Rate* Achieved
Expenditure Rate for Applicant’s 16-
HOME, 18-HOME, and 19-HOME
Program Activities Contracts
Maximum Application
Amount
60 percent or more $1,500,000
55 – 59.99 percent $1,000,000
0 – 54.99 percent $500,000
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PI funds. All PI must be reported in the Annual Performance Report to the Department.
I. Periods of Affordability
All Projects that receive HOME funds are subject to 24 C.F.R. § 92.252 and 24 C.F.R. § 92.254 for a minimum of years, as specified in the following two tables. This term is referred to in this NOFA as the “Federal Affordability Period” and includes all federal affordability requirements under 24 C.F.R. §
92.252 and 24 C.F.R. § 92.254.
The requirements of this Subsection run concurrently with the requirements of the Subsection below, outlining the ”State Affordability Period” requirements. For example, if a County Applicant proposes a new construction rental Project, the Federal Affordability Period for the Project will be 20 years. However, the Project will also be required to abide by the State Affordability Period for an additional 35 years, totaling 55 years.
Table 5 – Federal Period of Affordability for Rental Housing Minimum Period of
Affordability (in years) Housing Activity
5 Rehabilitation or acquisition of existing housing
per unit amount of HOME funds; Under $15,000
10 Rehabilitation or acquisition of existing housing
per unit amount of HOME funds; $15,000 to
$40,000
15 Rehabilitation or acquisition of existing housing
per unit amount of HOME funds; Over $40,000 or
rehabilitation involving refinancing
20 New construction or acquisition of newly
constructed housing
Table 6 – Federal Period of Affordability for Homeownership Minimum Period of
Affordability (in years)
Homeownership Assistance HOME Amount
Per-Unit
5 Under $15,000
10 $15,000 to $40,000
15 Over $40,000
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All Projects that receive HOME funds are also subject to 25 C.C.R. § 8208 for a minimum number of years, as specified in the following table. This term is referred to in this NOFA as the “State Affordability Period.” Projects on Native American Lands as defined by 25 C.C.R. § 8208(y)(1) require a 50- year affordability period.
Table 7 - State Period of Affordability
Minimum Period of
Affordability (in years) Project Type
55 years Developments on fee land
50 years Developments on Native American Lands (as
defined by 25 C.C.R. § 8201 (y)(1))
J. Forms of Assistance
HOME Loans
HOME assistance shall be in the form of deferred payment loans to be repaid at the maturity date of the Promissory Note to local HOME accounts controlled by eligible Applicants or the state’s local HOME account, except for the uses of funds specifically defined under HOME grants below. Loans provided to homebuyers must meet the requirements set forth in 25 C.C.R. § 8205(C)(1)(A), including, but not limited to, the following terms:
• Loans financed from the CHDO set-aside pursuant to 24 CFR Section
92.300(a)(1) shall comply with the financing provisions as required for the following activities:
o For land acquisition for first-time homebuyer projects shall bear zero interest.
o Loans to first-time homebuyers shall bear a simple interest rate of 3 percent per annum, computed from the date the Deed of Trust is recorded on the property. Interest and payments shall be deferred for the term of the loan. Commencing on the 11th anniversary of the recordation date, an amount equal to 10 percent of the accrued interest shall be forgiven each year, so that on the 20th anniversary of the recordation date, all interest will have been forgiven if the borrower is in compliance with the requirements stated in the Department’s loan documents.
HOME Grants
Pursuant to 25 C.C.R. § 8205(c)(2), HOME assistance must be provided in the form of a grant for relocation payments, lead-based paint hazard evaluation and reduction activities, and TBRA. HOME assistance may be provided in the form of a grant for rehabilitation activities performed under C.3.a
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an OOR program, if necessary to complete the project when the total of all project indebtedness equals or exceeds the projected after rehabilitation appraised value. The grant amount for OOR activities is limited to 25 percent (25%) of the applicable HOME Program maximum per-unit subsidy limit for the Project. This amount is in addition to any grant funds currently permitted for relocation, lead-based paint remediation, and Project-related soft costs for the Project.
HOME assistance may be provided as a grant to eligible Applicants to cover Project-related soft costs. Project-related soft costs are further detailed in this NOFA, 24 C.F.R. § 92.206(d), and HUD CPD Notice 06-01: Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative, except that customary closing costs for home acquisition activities may be included as either a loan or part of the grant funding for Project-related soft costs.
NOTE: All Project-related soft costs associated with an OOR Project must be included in the 24 percent (24%) funding maximum available for Project- related soft costs and may not be passed along to the homeowner.
HOME funds for Project-related soft costs cannot be drawn down before HOME funds for activity costs are drawn down. If the activity is not completed, and a Project Completion Report for the full amount drawn down is not filed, all HOME funds for that Project, including Project-related soft costs, must be repaid to the Department.
Project-related expenses for NEPA environmental review, and architectural and engineering and other professional services incurred within the 24 months prior to the Project Commitment of funds, may be reimbursed at the sole discretion of the Department after execution of the Standard Agreement.
On a case-by-case basis, the Department may, in writing and in its sole discretion, permit reimbursement for other eligible expenses incurred after the date of the Award letter, and prior to the effective date of the Standard Agreement, upon the written request of the Applicant.
K. Administrative and CHDO Operating Funds
The following limits apply to the amount of administrative and CHDO operating funding that Applicants may receive. Developers of a Project shall not act as an administrative subcontractor for the same HOME-funded Project activity and are not eligible for Project administrative costs.
Pursuant to 24 C.F.R. § 92.208(a), CHDO operating funds may cover reasonable and necessary costs for the operation of the CHDO. Such costs include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; equipment; materials; and supplies.
Project Activities
State Recipients eligible to receive administrative funds, who are applying for $6,000,000 or more in Project development activity funds, may request up to C.3.a
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$125,000 for administrative costs. If requesting less than $6,000,000 in Project development activity costs, Applicants may request up to $75,000 for administrative costs.
CHDOs applying for $6,000,000 or more in Project development activity funds may request up to $150,000 in CHDO operating funding. If requesting less than $6,000,000 in Project development activity funds may request up to $100,000 in CHDO operating funding. This includes FTHB Projects.
Developers are not eligible to apply for administrative funds or Project- related soft costs.
All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement.
Program Activities
All Program Activities Applicants may request up to 2.5 percent (2.5%) of the amount requested in administrative funds. CHDOs undertaking a FTHB program activity will receive CHDO operation funds in lieu of administrative funds at the same 2.5 percent (2.5%) rate.
All administrative costs must be reasonable, and Applicant must have detailed records to demonstrate costs are eligible for reimbursement. Actual eligible expenses must be incurred to draw down these funds.
TBRA Activities
In addition to the 2.5 percent (2.5%) described above for Program Activities, TBRA Applicants may request up to an additional 7.5 percent (7.5%) of the total TBRA application amount for general administrative costs (total of ten percent (10%) of TBRA funds). The maximum amount of administrative funding for this purpose is $200,000. If there is more demand for TBRA administrative funds than available, only the highest-rated TBRA Applicants will receive administrative funds in addition to the regular 2.5 percent (2.5%) allocation. All TBRA Applicants will receive the initial 2.5 percent (2.5%) amount for administrative costs.
L. Project-Related Soft Costs
Project Activities
Eligible State Recipients of rental and homebuyer Projects may receive up to $75,000 to pay for specific eligible Project-related soft costs, previously referred to by the Department as “Activity Delivery Costs” (ADCs). Funding for Project-related soft costs are provided in the form of a grant and not part of the Project loan amount.
For a description of the types of expenses, which may be charged as Project-related soft costs, see 24 C.F.R. § 92.206(d)(6), 92.206(f)(2) and HUD CPD Notice 06-01: Admin and Soft Costs, Community Development Expenses under HOME and American Dream Downpayment Initiative.
Examples of Project-related soft costs include, but are not limited to:
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• Preparation of work write-ups, work specifications, and cost estimates or review of these items if an owner has had them independently prepared;
• Project underwriting;
• Construction inspections and oversight;
• Project document preparation;
• Costs associated with a Project-specific environmental review; • Costs associated with informing tenants or homeowners about relocation rights or benefits;
• Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants as required by 24 C.F.R. § 92.351; and
• Staff and overhead costs, such as preparing work specifications, loan processing, inspections, and other services related to assisting potential owners, tenants, and homebuyers.
Project-related soft costs must be included in the development budget, regardless if the funding is a loan or grant. Developers and CHDOs are not eligible for Project-related soft costs.
Program Activities
Standard Agreements will automatically allow the use of up to the maximum amount of Project-related soft costs for each specific program activity. At the time of set-up (i.e., when the HOME Awardee is ready to begin drawing activity funds) a request for Project-related soft costs may be made for actual expenses:
1. Up to 24 percent (24%) of the HOME loan/grant amount for OOR and for the rehabilitation component of acquisition with rehabilitation.
Project-related soft costs for rehabilitation Projects may exceed the 24 percent (24%) limit if documentation of actual eligible costs is provided to the Department with the Project set-up. Documentation must be of actual eligible costs; consultant billings, without documentation of underlying actual costs, are not adequate.
2. Up to 6.5 percent (6.5%) of the total acquisition cost for FTHB activities involving acquisition with rehabilitation.
3. Up to 5 percent (5%) of the HOME TBRA payment, per household, for unit inspection and income determination activities.
4. Up to 6.5 percent (6.5%) of the HOME amount for all other program activities.
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III. State and Federal Requirements
A. Property Standards and Physical/Capital Needs Assessments Pursuant to 24 C.F.R. § 92.251, as applicable, and as may be amended by HUD, housing that is constructed or rehabilitated with HOME funds must meet all applicable local codes and standards at the time of Project Completion.
Projects involving rehabilitation must comply with the Department’s HOME/NHTF Multifamily Rehabilitation Standards. Pursuant to 25 C.C.R. § 8309(b) and 24 C.F.R. § 92.251(b)(1)(ix), the Department requires rental rehabilitation Project applications to submit a third-party physical/capital needs assessment and a Replacement Reserve Study (RRS) with a 20-year forecast.
Projects involving new construction must comply with the requirements of 25 C.C.R. § 8300 et seq. and 24 C.F.R. § 92.251(a), including, but not limited to, requirements related to accessibility, disaster mitigation, written cost estimates, construction contracts and documents, construction progress inspections, and broadband infrastructure.
B. Timeframes for Use of Funds
Awardees of HOME funds are subject to progress deadlines and expenditure deadlines that are defined in the federal regulations and specified in the Standard Agreement.
Project Activity Deadlines
Table 8 - HOME Project Activity Deadlines
Project Commitment of HOME
Funds (Standard Agreement
execution)
September 30, 2026
Project Commitment of HOME
Funds (Standard Agreement
execution)
– specifically, the Federally-
Declared Disaster Areas Target,
2021-2022 HOME funds
May 17, 2025
All non-HOME funding sources
committed to the Project July 31, 2025
Construction Loan Closing
Within 12 months from Standard Agreement
execution date (in accordance with 24
C.F.R. § 92.2)
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Project Completion
Within 4 years from Project Commitment of
HOME funds (Standard Agreement
execution)
Expenditure September 1, 2030
Program Activities Deadlines
Table 9 - HOME Program Activity Deadlines
Project Commitment of HOME Funds
(Standard Agreement execution) September 30, 2026
Project Commitment of HOME Funds
(Standard Agreement execution)
– specifically, the Federally-Declared
Disaster Areas Target, 2021-2022 HOME
funds
May 17, 2025
Expenditure Deadline September 1, 2030
For Project Activities, if an Awardee fails to meet one or more of the deadlines outlined in the 25 C.C.R. § 8217(b) and described in this NOFA, a performance penalty will be imposed during the scoring on all applicable HOME applications. It will also result in performance penalties being imposed on future HOME application(s) submitted by the Applicant, as well as application(s) submitted by the Project’s Developer, owner, and managing general partner within five (5) years of the award announcements of this NOFA.
All Program Activities funding must be expended by the deadline established in the Standard Agreement. Awardees must ensure that work is completed well in advance of this deadline to ensure funds are fully expended prior to the expenditure deadline.
Exceptions will be considered, at the sole discretion of the Department, only if the Applicant shows there was clear and indisputable evidence that delays were beyond the reasonable control of the borrower and/or the Applicant, or the Department was responsible for the delay, and the Department has the flexibility to do so within federal regulations.
C. Match Requirements
Generally, HOME funds must be matched by nonfederal resources. HOME match requirements are waived for applications pursuant to this NOFA.
However, match must be reported to the Department in each Project Completion Report. The Department continues to track all match funds in C.3.a
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Projects.
Pursuant to 24 C.F.R. § 92.220(a)(8) and § 92.354(b), a single rate established by HUD shall be applicable for determining the value of unskilled labor. The value of skilled labor or professional services shall be determined by the rate that the individual or entity performing the labor or service normally charges.
D. Transition Reserve Policy
Projects must be in compliance with the Department’s Pooled Transition Reserve Policy Administrative Memorandum dated January 3, 2023, (Administrative Notice Number 22-08) and amended on August 8, 2023, (Administrative Notice Number 23-01), that implements statutory changes made under Senate Bill 948 (Chapter 667, Statutes 2022) applicable to Health and Safety Code § 60468, as may be amended from time to time, and any other related Department Transition Reserve Policy administrative memoranda that the Department may adopt, as applicable.
E. Annual Monitoring Fees for Multifamily Projects
Pursuant to 24 C.F.R. § 92.214(b)(1)(i), the Department will charge fees to cover the cost of ongoing monitoring and physical inspection of HOME Projects during the state period of affordability. The state HOME program will charge these fees as described in this NOFA.
Developer and CHDO Projects
The Department charges an annual monitoring fee as follows:
Table 10 – Estimated 2023 Monitoring Fees
Number of HOME Units Annual Fee
12 or fewer $ 6,077
13 to 24 $9,888
25 to 36 $12,051
37-48 $12,360
49-60 $14,781
61 or more $17,304
To cover inflation, this annual monitoring fee is projected to increase annually at 3 percent (3%) following the Department's analysis of actual costs for monitoring. Financial assumptions in the HOME application shall be based on the rate that will be effective at the time of initial occupancy.
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Annual monitoring fees are mandatory payments. The first payment shall be prorated based upon the total number of days after permanent closing within the first fiscal year of Project operation.
Lump sum payment made from development funds is not allowed for HOME Projects. Payments made must be pursuant to the Regulatory Agreement.
State Recipient Projects
Pursuant to 24 C.F.R. § 92.214(b), State Recipients may also charge their borrowers annual monitoring fees to cover the actual ongoing costs to monitor and conduct physical inspections, as described below:
1. The monitoring fee charged may be less than, but not exceed, the amount charged for state CHDO and Developer Projects;
2. The monitoring fee shall be specifically stated in the State Recipient’s loan documents with the borrower;
3. The monitoring fee shall be based on the State Recipient’s analysis of actual costs for monitoring the Project and must be approved by the Department; and
4. An amount equal to 10 percent (10%) of the monitoring fee which is charged to the Project must be paid by the State Recipient to the Department to cover the Department’s costs of monitoring the State Recipient’s rental Project compliance activities.
For more guidance on establishing a monitoring fee, see HOMEfires Vol. 14, No. 2: Guidance on Establishing a HOME Monitoring Fee. Please note:
HUD’s requirements for calculating a monitoring fee differ from the State’s UMR requirements.
Native American Entity Projects
Pursuant to this NOFA, the Department will waive monitoring fees for Native American Entity Projects during the state period of affordability.
IV. Application Review
A. Minimum Application Requirements (Threshold)
Applications for HOME Projects are required to meet the minimum requirements outlined in this NOFA, 25 C.C.R. § 8200 et seq., and 24 C.F.R. Part 92. Applications must meet the following minimum requirements at the time of application in order to move forward to the rating and ranking process:
1. The Applicant must submit a complete application in a format made available by the Department by the deadline specified in this NOFA and pursuant to 25 C.C.R. § 8211, and the application forms provided by the Department must not be altered or modified;
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2. The Applicant is eligible to apply for funding, in accordance with any of the following:
• 25 C.C.R. § 8204; or
• Listed on Appendix A of the NOFA; or
• Meets the definition of an eligible Applicant in this NOFA (State Recipient, CHDO, or Developer)
3. All other criteria and matters set forth within the NOFA shall also govern the Native American Entity target and the Federally-Declared Disaster Areas target, unless and except to the extent expressly provided to the contrary by terms set forth within this NOFA;
4. The Applicant must propose at least one eligible activity pursuant to 25 C.C.R. § 8205 (other than administration);
5. The Applicant must propose an eligible use of funds pursuant to 25 C.C.R. § 8205 and 8210;
6. The Applicant must have no unresolved audit findings pursuant to 25 C.C.R. § 8204(a)(1)(D)(ii) and (2)(C)(i);
7. The Applicant must demonstrate its capacity for carrying out activities assisted with HOME funds, as required by 24 C.F.R. § 92.2. Pursuant to Federal HOME regulations, Awardees entering into a Standard Agreement with the Department must have capacity, cannot be shell entities, and cannot contract out for capacity (with limited exceptions for new CHDOs – see Eligible Applicants – CHDOs in NOFA Section II. Program Requirements);
8. Cities, counties, and local public housing authorities must provide documentation satisfactory to the Department that they comply with the submittal requirements of cost principles and audit requirements at 2 C.F.R. § 200.512. Any outstanding findings contained in the audit report may impact the ability of the Department to grant an award through this NOFA;
9. The Applicant and any member of its program or project team must not be on the list of debarred contractors at https://www.sam.gov/SAM/ pursuant to 25 C.C.R. § 8204(a)(1)(D)(iii) and 8204(a)(2)(C)(ii);
10. The Applicant’s requested total amount of funds for both administrative activity-specific costs and Project-related soft costs does not exceed the limits identified in the NOFA; and
11. CHDO applications must contain procedures for ensuring effective Project control pursuant to 24 C.F.R. § 92.300(a)(1) and 25 C.C.R. § 8204(a)(2)(D).
12. There is no pending or threatened litigation that could affect implementation of the proposed Project.
13. When applying for Project Activities, the Applicant must have site control of the Project subject to the HOME funding award as required by 25 C.C.R. § C.3.a
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8303 and 24 C.F.R. Part 92, including but not limited to, demonstrating site control by one of the following:
• Fee title, which, for tribal trust land, may be evidenced by a title status report (TSR) or an attorney’s opinion regarding chain of title and current title status;
• A leasehold interest on the Project property with provisions that enable the lessee to make improvements on and encumber the property provided that the terms and conditions of any proposed lease shall permit, prior to loan closing, compliance with all Program requirements, including compliance with 25 C.C.R. § 8316;
• An option to purchase is obtained, conditioned on the responsible entity’s determination to proceed with, modify, or cancel the Project based on the results of a subsequent environmental review, and the receipt of an Authority to Use Grants Funds (“AUGF”) from the Department for State Recipient Projects and from HUD for Developer and CHDO Projects. The cost to secure the site control document can be only a nominal portion of the purchase price;
[For more details on required and prohibited provisions of agreements consistent with NEPA, see HUD CPD Notice 98- 01: Layering Guidance for HOME Participating Jurisdictions When Combining HOME Funds with Other Governmental
Subsidies; HUD CPD Notice 15-09: Requirements for
Committing HOME Funds; and HUD Memo: Guidance on
Operations and Conditional Contracts for Purchase of Real Property for Environmental Reviews Conducted by a
Responsible Entity under 24 C.F.R. Part 58]
• A Purchase Agreement, Disposition and Development
Agreement (DDA), Option to Lease, or Exclusive Right to Negotiate is obtained, but this agreement cannot be conditioned on NEPA clearance or any other federal requirement; or
[General HUD rules state that Purchase Agreements are
acceptable if federal funds are not contemplated. Applicants are cautioned to make sure that the Purchase Agreement or DDA is open-ended or is of sufficient duration that it does not need to be extended after the HOME application is
submitted.
HUD has ruled that if a Purchase Agreement/DDA expires
after the HOME application is submitted, and before the AUGF is executed, the execution of an extension would be a Choice-Limiting Action (renewal prior to expiration is
acceptable). The application also should ensure the
Purchase Agreement/DDA has other contingencies, such as C.3.a
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a permanent financing contingency, so that the seller cannot legally compel an individual to purchase the site prior to receiving the AUGF.]
• A conditional purchase contract is used for an existing single- family home (1 to 4 units) or an existing multifamily residential Project in some limited circumstances, even when federal funds have already been contemplated.
[For more information, see HUD Memo: Guidance on
Operations and Conditional Contracts for Purchase of
Real Property for Environmental Reviews Conducted
by a Responsible Entity under 24 C.F.R. Part 58.]
B. Rating and Ranking
After meeting the threshold requirements, applications will be scored as follows. The Department will rate, rank, and fund applications based on a review of eligible activities for which funds are requested. Each application must be submitted using Department forms and contain all information required pursuant to 25 C.C.R. § 8211(c)(d). Scoring for Projects is subject to the appeal process described in Section IV (H) of this NOFA. Each Project Activity or combination of Program Activities will be evaluated and ranked separately.
In the case of a tie score, the application demonstrating the highest jurisdictional poverty level will be funded first. If CHDOs and/or Developers are applying from the same jurisdictional area, the Project with lower average rents (expressed as a percentage of area median income) will be funded first.
Applications will be funded in descending order based on points earned.
Applications that qualify for CHDO, FTHB Project, and Rural targets will be funded first, based on their scores as necessary to meet the minimum set- asides.
Once the set-asides and targets have been achieved, remaining applications may be funded within their respective allocations pursuant to 25 C.C.R. § 8212.1, based on scores relative to all other applications, with the highest-scoring applications funded first.
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C. Project Activity Application Scoring Factors and Evaluation Pursuant to 25 C.C.R. § 8212(d)(5), HOME Project Activity applications must receive a minimum score of 930 points in the following categories to be funded.
HOME Project Activities
Rental New Construction
Rental Rehabilitation
First-Time Homebuyer
Scoring Factors Points
Factor: Housing Element
Applicants that meet the definition of a Local Public Entity (cities and counties) are required to be in substantive compliance with state Housing Element Law, as defined in 25 C.C.R. § 8201(t), as of the NOFA application due date. The current Housing Element Compliance Report can be found at https://www.hcd.ca.gov/planning-and- community-development/housing-open-data-tools/housing-element- review-and-compliance-report.
Newly incorporated cities are exempt from this factor, until such time as the city is required to submit its housing element to the Department for approval. It is the responsibility of the city to know its reporting requirements. If unsure, please send an email inquiry to the HOME Program at [email protected].
CHDOs, Developers, and NAE-FRTs where Project or Activity is located on Native American Lands, are exempt from this
requirement and shall receive full points for this scoring factor. 50 Factor: HUD Direct HOME Allocation (Declined)
A jurisdiction that is eligible to receive a direct HOME allocation from HUD and declines the funding to preserve their state HOME eligibility, shall receive full points for this scoring factor.
50 Factor: Rural Communities
Activities proposed in rural communities (as defined in the HSC § 50199.21) shall receive full points for this scoring factor. 50 C.3.a
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Factor: Capacity – Prior Applicant Experience
Applicants that demonstrate experience implementing local, state, or federal affordable housing and/or community development projects, during the most recent seven (7) calendar years (1/1/2016 – 12/31/2022), until application deadline, shall receive points for this scoring factor. List no more than 10 entries of housing and community development experience.
Native American Entities: Experience may include implementation of affordable housing and/or community development activities under the NAHASDA program.
• 10 points for each project completed creating 4 or more units of affordable housing
• 10 points awarded for each project completed as defined in the HOME Supplemental Application
• Maximum of 50 points
50 Factor: Capacity – Prior Developer Team Experience
Developers that demonstrate the Project team has experience developing the same housing activity type of subsidized project as proposed in the application, during the last five (5) calendar years (1/1/2019 – 12/31/2023), shall receive points for this scoring factor. Experience can be demonstrated by any member of the development team (owner, Developer, Sponsor, etc.).
• 1 project completed — 100 points
• 2 projects completed — 150 points
• 3 projects completed — 200 points
200
Factor: Capacity – Prior Performance
For prior performance scoring, all applications receive the maximum 200 points for the factor. As applications are reviewed and rated, points will be deducted for each of the following sub-factor deficiencies up to a maximum 200-point deduction.
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Sub-factor #1: Project Deadlines
If, by the NOFA application due date, an Applicant, Developer, owner, and/or managing general partner of any HOME Project contract (rental and FTHB) awarded between 1/1/2019 – 12/31/2023, failed to meet the Project deadlines (milestones) as outlined in the Standard Agreement, unless extended in writing by the Department, points shall be deducted for this scoring sub-factor as follows:
• Permanent financing deadline — (5 points)
• Project set-up deadline — (10 points)
• Construction loan-closing deadline — (10 points)
• Project Completion deadline — (80 points)
• Expenditure deadline — (20 points)
Maximum
200-point
deduction
Sub-factor #2: Applicant Reporting
Reporting is an essential condition and a responsibility of accepting HOME funds; therefore, Applicants that were required to submit reports but failed to do so are subject to a deduction of up to 50 points. Applicants may submit missing reports prior to the application deadline to reduce the number of points deducted.
This applies to any HOME Project monthly and/or quarterly PI reports, annual reports, and Project Completion reports due between 1/1/2019 – 12/31/2023.
• Late or missing Monthly Project Status Reports — (5 points deducted for each missing report, 2 points deducted for each late report)
• Late or missing Quarterly Program Income Reports (QPIR), if applicable — (5 points deducted for each missing report, 2 points deducted for each late report)
• Late or missing Annual Performance Reports (APRs), applicable to State Recipients only — (25 points deducted for each missing report, 10 points deducted for each late report)
• Late or missing Project Completion Reports (PCRs) — (50 points deducted for each missing report, 25 points deducted for each late report)
Maximum
50-point
deduction
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Sub-factor #3: Material Misrepresentation
If between 1/1/2019 – 12/31/2023, an Applicant, Developer, owner, and/or managing general partner made any material misrepresentation or omission in the HOME application, application documentation, Project reports, and/or any other document, significant in nature, that could jeopardize the Department’s HOME funding in a Project or place the Department at risk of a HUD monitoring finding, up to 200 points shall deducted for this scoring sub-factor. This is evidenced by receipt of a letter from the Department outlining the infraction and the points deduction levied by the Department.
Maximum
200-point
deduction
Sub-factor #4: Monitoring Noncompliance (1/1/2019 – 12/31/2023) There are two noncompliance categories for which up to 100 points may be deducted.
1. Monitoring. Points will be deducted in this category for any application for which the Applicant, owner, and/or managing general partner have failed to remedy any HOME monitoring findings and concerns, identified by the Department.
2. Late reports. Points will be deducted in this category for any 2020-2021 NOFA Project applications for which the Applicant, owner, and/or managing general partner failed to submit timely reports for occupied HOME rental Projects. Point deductions shall be as follows:
a. Local Public Entity
• Annual monitoring report — (10 points each)
• Annual report — (10 points each)
(including financial audit, schedule of rental income, and annual affirmative marketing analysis)
b. CHDOs/Developers
• Annual operating budget — (10 points each)
• Annual report — (10 points each)
(including financial audit, schedule of rental income, and annual affirmative marketing analysis)
Maximum
100-point
deduction
Factor: Community Need
The community need point scoring by activity type is based on the data available in Appendix C at the HOME website.
Up to
250
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Factor: Project Feasibility
1. State and federal requirements (including UMRs for rental Projects) – 150 points
To receive the full 150 points, Applicant must submit a complete self- evaluation feasibility worksheet within the application.
2. Highest percentage of HOME-assisted units – Up to 50 points Points will be awarded within five scoring levels, ranging from 10 to 50 points, based on the highest number of HOME units proposed in a Project.
200
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Factor: Project Readiness
The Project Readiness point scoring is based on activity type. Project readiness factors and documentation minimum requirements are further detailed in the HOME Supplemental Application, found at the Department’s HOME Program website.
Project Development Plan (PDP). Points will be awarded if the following required* items were prepared and submitted within the applicable timeframes and meet the minimum requirements as specified in the HOME Supplemental Application. The PDP will be reviewed on applications scored high enough for funding.
*The Geotechnical Report is not required as part of the application and will not be considered for scoring purposes.
1. Rental New Construction Projects. Points will be awarded based on the following complete documents submitted with the application:
market study (35 points); appraisal (10 points); Phase I/II Environmental Report (35 points); floodplain analysis (25 points); construction cost estimate (5 points); Relocation General Information Notice and relocation plan (30 points); zoning verification (40 points); water/sewer (5 points); local government approval (80 points); design progress (10 points); and permanent financing commitments (25 points).
2. Rental Rehabilitation Projects. Points will be awarded based on the following complete documents submitted with the application: market study (10 points); appraisal (30 points); floodplain analysis (25 points); lead/mold/asbestos reports (25 points); construction cost estimate (20 points); Relocation General Information Notice and relocation plan (75 points); Physical Needs Assessment (74 points); local government approval (1 point); design progress (5 points); and permanent financing commitments (35 points)
3. Homebuyer Projects. Project readiness factors are available in the Homebuyer Project Application (Part B), available on the Department’s HOME Program website. Points will be awarded based on the following complete documents submitted with the application: market study (40 points); appraisal (10 points); Phase I/II Environmental Report (30 points); floodplain analysis (55 points); construction cost estimate (5 points); local government approval (75 points); impact fees (30 points); zoning verification (10 points); design progress (10 points); and financing commitments (35 points)
300
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Factor: State Objectives
For the State Objectives scoring, there are three sub-factors for which Applicants can receive points, up to 200 points maximum. As applications are reviewed and rated, points will be awarded to Projects that meet the following objectives, in accordance with the Department’s 2022-2023 Annual Action Plan, based on the following sub-factors:
1. Committed financing to increase affordable housing;
2. Recovery assistance for natural disaster survivors; and
3. Addressing and preventing Homelessness, and/or assisting Special Needs Populations and Extremely Low-Income Families
Sub-factor #1: Committed Financing to Increase Affordable Housing Applications will be scored based on the percentage of non-HOME permanent financing committed to the Project by the application due date (10 points will be awarded for each 10 percent (10%) increment).
For Projects anticipating applying for any type of tax credits -- a future tax credit award will not be considered as committed financing, and are thus not eligible for these points.
For example, if the Applicant has 50 percent (50%) of its non-HOME permanent financing committed to the Project by the application due date, but intends to also apply for tax credits in the future, the application will receive 50 points out of a possible 100 points.
100
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Sub-factor #2: Recovery Assistance for Natural Disaster Survivors Full points shall be awarded for Projects located in federally-declared disaster areas pursuant to the HUD memorandum dated May 17, 2023, referencing the federally-declared disaster areas under title IV of the Stafford Act, DR-4699-CA dated April 3, 2023, and DR-4683-CA dated January 27, 2023, as may be amended
( https://www.fema.gov/disaster/4699) ( https://www.fema.gov/disaster- federal-register-notice/dr-4683-ca-public-notice-001). The Federally- Declared Disaster Areas are the following counties:
DR-4683 & DR-4699 IA-Declared Counties
Alameda (County) Amador (County)
Butte (County) Calaveras (County)
Contra Costa (County) Kern (County)
Madera (County) Mariposa (County)
Mendocino (County) Merced (County)
Mono (County) Monterey (County)
Nevada (County) Sacramento (County)
San Benito (County) San Bernardino (County)
San Joaquin (County) San Luis Obispo (County)
San Mateo (County) Santa Barbara (County)
Santa Clara (County) Santa Cruz (County)
Tulare (County) Tuolumne (County)
Ventura (County)
Sources:
https://www.fema.gov/disaster/4683/designated-areas
https://www.fema.gov/disaster/4699/designated-areas
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Sub-factor #3: Special Needs Populations, Homelessness, or Extremely Low-Income – See Table #11 below for scoring breakdown.
Funding Commitments for Special Needs Populations (up to 70 points) Points shall be awarded to applications that propose rental Projects with funding commitments to target Special Needs Populations, using any of the following funding:
• HUD 811
• HUD Supportive Housing Program
• State Mental Health Services Act (MHSA)
• HCD -- No Place Like Home Program
• HCD -- Veterans Housing and Homelessness Program
• HCD -- National Housing Trust Fund Program
• HCD -- Multifamily Housing Program
• HCD -- Joe Serna, Jr. Farmworker Housing Grant Program • Points may also be awarded to Projects that provide project-based rental assistance, under the terms of a MHSA or Veterans Affairs Supportive Housing Voucher (HUD-VASH).
– or –
Homelessness (up to 70 points)
Points shall be awarded to applications that propose rental Projects primarily serving people experiencing Homelessness and/or those At Risk of Homelessness as defined in at 24 C.F.R. § 578.3.
NOTE: If serving Special Needs or Homeless populations, the Projects must include supportive services in accordance with the “Core components of Housing First” under Welfare and Institutions Code § 8255.
– or –
Extremely Low-Income (ELI) (up to 70 points)
Points shall be awarded to applications that propose rental Projects primarily serving Extremely Low-Income Families, which means low- income families whose annual incomes do not exceed 30 percent of the median family income of a geographic area, as determined by HUD with adjustments for smaller and larger families.
NOTE: This scoring category is not applicable to Homebuyer Projects.
Homebuyer Projects will automatically receive full points in this category.
70 TOTAL AVAILABLE POINTS FOR PROJECT ACTIVITIES 1550
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Table 11 – Subfactor #3 Scoring Breakdown
Percent of Units Committed to Special
Needs, Homeless, or ELI Families Points
51% or more 70
41-50% 60
31-40% 50
26-30% 40
21-25% 30
16-20% 20
10-15% 15
6-10% 10
1-5 % 5
D. Program Activities Application Scoring Factors and Evaluation HOME Program Activities
Scoring Factors Points
Factor: Housing Element
Cities and counties are required to be in substantive compliance with state Housing Element Law, as defined in 25 C.C.R. § 8201(t), as of the NOFA application due date. Housing Element Annual Progress Reports are available at https://www.hcd.ca.gov/planning-and-community- development/housing-open-data-tools/housing-element-review-and- compliance-report. Newly incorporated cities are exempt from this factor, until which time the city is required to submit the housing element to the Department for approval. It is the responsibility of the city to know their reporting requirements. If unsure, please send an email inquiry to the HOME NOFA Unit, [email protected].
CHDOs, Developers, and Native American Entities are exempt from this requirement and shall receive full points for this scoring factor. 50 C.3.a
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Factor: HUD Direct HOME Allocation (Declined)
A jurisdiction that proposes activities that is eligible to receive HUD direct HOME allocation funds (and declines the funding for the purpose of preserving their state HOME eligibility) shall receive full points for this scoring factor. 50 Factor: Rural Communities
Activities proposed in a rural community (as defined in the HSC § 50199.21) shall receive full points for this scoring factor.
50 Factor: Capacity – Applicant Experience
Applicants that demonstrate experience administering HOME and/or other local, state, or federal affordable housing and/or community development projects during the last seven calendar years (1/1/2016 – 12/31/2022), plus 2023 year-to-date, shall receive full points for this scoring factor. 100
Factor: Capacity – Prior Performance
For prior performance scoring, all applications receive 150 points. As applications are reviewed and rated, points will be deducted for each of the following sub-factor deficiencies, up to a maximum 150-point deduction for two sub-factors:
• Reporting noncompliance
• Monitoring noncompliance
Sub-factor #1: Reporting
Reporting is an essential condition and responsibility of accepting HOME funds; therefore, Applicants that previously failed to comply with reporting requirements are subject to a deduction of up to 50 points. • In assigning these points, the Department will review the Applicant’s history of submitting quarterly reports and quarterly PI reports (for both Program Activities and Projects contracts numbered 16-HOME through 19-HOME), and Annual Performance Reports for FY 20-21, 21-22, and 22-23. Applicants may submit missing reports prior to application deadline to reduce the number of points deducted. • Late or missing Quarterly Program Status Reports — (5 points each missing 2 points each late)
• Late or missing Quarterly Program Income Reports (QPIR), if applicable — (5 points each missing, 2 points each late)
• Late or missing Annual Performance Reports (APRs) — (25 points each missing, 10 points each late)
Maximum
50-point
deduction
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Sub-factor #2: Monitoring Noncompliance (1/1/2019 – 12/31/2023) One hundred (100) points will be deducted for noncompliance with monitoring or contract requirements identified in the last five calendar years.
Maximum
100-point
deduction
Factor: Community Need
The community need point scoring by activity type is based on data available in Appendix C of this NOFA, available on the Department’s HOME Program website at https://www.hcd.ca.gov/grants-and-funding/programs- active/home-investment-partnerships-program.
250
Factor: Project Feasibility
Project feasibility scoring has two scoring categories: activity type and program guidelines, described as follows:
1. Activity type scoring criteria (up to 75 points):
a. FTHB program scoring is determined by the percentage of all homes sold in the city or county in the last 12-month period that are affordable to lower-income families.
b. OOR program scoring is determined by the number of overcrowded households by tenure, low-income owner-occupied households, substandard housing conditions, and the age of the housing stock by tenure, in the city or county as reflected in U.S. Census data. c. TBRA program scoring is determined by the overpayment by low- income renter households as reflected in U.S. Census data.
2. Program guidelines will be evaluated by the extent they reflect state and federal requirements (up to 25 points).
100
Factor: State Objectives
For State Objectives scoring, there are two sub-factors for which Applicants can receive up to 200 points maximum. As applications are reviewed and rated, points will be awarded for the following objectives, in accordance with the Department’s 2022-2023 Annual Action Plan:
1. Increasing affordable housing;
2. Addressing and preventing Homelessness
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Sub-factor #1: Increasing Affordable Housing
Applicants that have higher expenditure rates (i.e., expenditure rates of 55 percent and above) for all 2015-2018 HOME Program Activities contracts shall receive state objectives points as follows:
• Expenditure rate at or above 60 percent. (90 points)
• Expenditure rate between 55 percent to 59.99 percent. (60 points) Expenditure rates will be calculated in accordance with the “Expended Funds” as defined by 25 C.C.R. § 8204(b).
90 Sub-factor #2: Homelessness or Extremely Low-Income
Points shall be awarded for actions to prevent or address Homelessness.
These points will be awarded to Applicants that:
1. Apply for TBRA; or
2. Proposed Project will primarily serve (50% or more) people experiencing Homelessness and/or those At Risk of Homelessness as defined in at 24 C.F.R. § 578.3; or
3. Proposed Project will primarily serve (50% or more) Extremely Low- Income Families, which means low-income families whose annual incomes do not exceed 30 percent of the median family income of a geographic area, as determined by HUD with adjustments for smaller and larger families.
110
TOTAL POINTS FOR PROGRAM ACTIVITIES 950
E. Point Deduction Rules
Pursuant to 25 C.C.R. § 8217, Applicants who disencumbered a Project contract between June 1, 2019, and December 31, 2023, and their Developers, owners, and managing general partners, if any, for these Projects shall receive point deductions according to the above schedule for the deadlines the Project did not meet before the contract was disencumbered.
Pursuant to 25 C.C.R. § 8217(b)(3), Projects that fail to meet deadlines outlined in the state regulations are subject to performance penalties, including point deductions for Projects, unless an exception has been granted by the Department in accordance with 25 C.C.R. § 8217(c). See Section III (B) of this NOFA for more specifics on point deductions.
F. Rental Project Scoring and Notification
Once rental Project application scoring is complete, emails will be sent to the authorized representative and contact person listed in the application describing the scores and facts upon which those scores were determined.
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G. Project Activity Feasibility Review
In accordance with 25 C.C.R. § 8212(a)(6), 25 C.C.R. § 8310, and 24 C.F.R. § 92.250(b), the Department will perform underwriting analysis to substantiate the Project is financially feasible for at least 20 years, as well as cost allocation and subsidy layering analyses to determine the appropriate amount of the HOME award.
To determine the Project’s feasibility and sustainability, the Department will review the Project Sources and Uses Form. When completing the application form, Applicants should be sure to include all known and potential Project costs, including, but not limited to, the following:
• Site development issues
• Local government
approvals
• Project market
• Prevailing wages
• Elevation above a flood
plain
• Relocation
• Environmental remediation
• Mitigation of environmental conditions
and hazards
• Any other factors that may impact the
Project costs and/or schedule
If an Applicant proposes to develop site(s) formerly used for agricultural, industrial, manufacturing, or commercial purposes, or the site is situated adjacent to, or in close proximity to, rail yards, airports, dumpsites, or other potentially contaminated properties, whether abandoned or operating, the Department may require Phase II environmental site assessment, or other soil assessment or testing, and a Floodplain Analysis. If not submitted with the application, these reports will be required after award as part of the NEPA process.
If the Applicant has any indication that these conditions may exist, the Department highly recommends that Applicants complete an assessment, soil sampling, or other appropriate testing methodology, prior to submitting the application. The results should be submitted as part of the application documentation, and any additional costs the Project may incur must be included in the Project budget and Sources and Uses Form.
Failure to include these items can increase the Project costs such that the Project is unfeasible, resulting in being noncompetitive for an award. For this reason, it is incumbent upon the Applicant to present verifiable and documented information in the application to prevent any unknown or uncertain Project costs.
H. Appeals
1. Basis of Appeals
a. Applicants may appeal the Department’s written determination that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an award (including point scoring and tie breaker).
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b. At the sole discretion of the Department, the Department’s written determination may include a request for clarifying and/or corrective information. For purposes of this section, “clarifying information” includes information and/or documentation that resolves ambiguities in any application materials that will inform the Department’s threshold, scoring and feasibility determinations.
c. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s application (e.g., eligibility, award). d. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department. e. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA.
2. Appeal Process and Deadlines
a. Process: To file an appeal, Applicants must submit to the Department, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant.
Once the appeal is submitted to the Department, no further information and/or materials may be accepted or considered. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in the Department review letters.
b. Filing Deadline: Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review or initial score letters, as applicable, representing the Department’s decision made in response to the application.
3. Decision
a. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.
V. Award Announcements and Contracts
A. Award Announcements
Subject to the availability of funds, the Department intends to send Award letters by July 2024 for Program Activities and by September/October 2024 for Project Activities, for all successful Applicants.
Updates on planned awards and contract status will be provided through the Department’s Listserv system. To be added to this list, go to https://www.hcd.ca.gov/contact-us/email-signup , scroll down, and select Federal Programs.
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B. Contracts
Awardee(s) must enter into a Standard Agreement with the Department. The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. The Standard Agreement will contain deadlines that are consistent with state and federal HOME regulations.
Failure to meet these deadlines will be considered a material breach of the Standard Agreement.
NOTE: The Standard Agreement may be delayed if Awardee does not timely provide the Department with all required entity resolutions and other entity documentation (e.g., bylaws, articles of incorporation, 501(c)(3) certification, certificate of good standing, limited partnership agreement), in form and content acceptable to the Department in its sole discretion, which evidences that Awardee has the legal authority to contract with the Department.
A condition of award will be that a Standard Agreement is executed by the Awardee(s) within 90 days (contracting period) of the Awardees’ receipt of the Standard Agreement.
Failure to execute and return the Standard Agreement(s) to the Department within the contracting period may result in award cancellation. The Awardee(s) shall remain a party to the Standard Agreement for the full term of the Standard Agreement; removal of the Awardee(s) shall be prohibited.
VI. Federal and State Overlays
All activities funded with HOME funds or HOME PI are required to comply, where applicable, with HUD’s federal “overlay” requirements found in 24 C.F.R. § 92.350, et seq. of the HOME Final Rule.
Failure to comply with state or federal overlays could result in significant Project cost increases, rejection of the HOME application, and/or loss of points in current or future HOME funding rounds. Projects must comply with all applicable state and federal laws, including, but not limited to:
a. National Environmental Policy Act (NEPA);
b. California Environmental Quality Act (CEQA);
c. State and federal (Davis Bacon) prevailing wage;
d. URA Acquisition and Relocation;
e. Equal Opportunity and Fair Housing;
f. Affirmative Marketing;
g. Section 504 of the Rehabilitation Act of 1973;
h. Fair Housing Act (including accessibility and design requirements); i. Americans with Disabilities Act, where applicable;
j. Section 3 (employment of low-income persons);
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k. Single Audit Report 2 C.F.R. Part 200; and
l. Tenant protections and selection practices pursuant to 24 C.F.R. § 92.253.
National Environmental Policy Act (NEPA) & HUD Environmental Review Requirements (contained in 42 U.S.C. §§ 4321-4347 and the implementing regulations at 24 C.F.R. Part 58)
After Applicant has submitted the HOME application to the Department, and before the NEPA Authority to Use Grant Funds (AUGF) has been issued, the Applicant and any participant in the development process shall not engage in any Choice-Limiting Actions as defined in this NOFA. All Choice-Limiting Actions on the site or on behalf of the project by anyone after the HOME application has been submitted to the Department and before the AUGF is issued will disqualify an Applicant’s Project from receiving any HCD federal funds – not only for this HOME NOFA round, but future NOFA rounds.
Thus, Applicants must take great caution before proceeding with project activities.
NOTE: Pursuant to HUD’s NEPA regulations, certain activities are not considered Choice-Limiting Actions regardless of when they are carried out. These activities include, but are not limited to, such things as: environmental and other studies; resource identification and development of plans and strategies; submitting funding applications, inspections and testing for hazards or defects; purchase of insurance; payment of principal and interest on loans made or obligations guaranteed by HUD; and assistance for improvements that do not alter environmental conditions and are necessary to address the effects from disasters or imminent threats to public safety. For more information on activities not considered Choice-Limiting Actions, see 24 C.F.R. § 58.22.
For all new construction Projects and substantial rehabilitation Projects, compliance with NEPA is evidenced by an AUGF. HUD issues the AUGF for CHDO and Developer Projects, and the Department issues the AUGF for State Recipient Projects. For the few rehabilitation Projects not requiring an AUGF, state approval of the environmental documentation is still required prior to taking any Choice-Limiting Actions. For a thorough explanation of the NEPA process, see Chapter V of the HOME Contract Management Manual at https://www.hcd.ca.gov/grants-and-funding/programs- active/home-investment-partnerships-program/home-contract-management-manual.
The Department encourages commencement of the NEPA Environmental Assessment (EA) process as soon as possible, but no later than receipt of the Award letter. For rental Projects, Project reports often require additional analysis of environmental impacts.
Submit general questions regarding Choice-Limiting Actions, or the level of environmental assessment required of the Project, to [email protected] prior to taking any action concerning the proposed HOME Project.
The application must disclose all known environmental hazards, and, if awarded, the Department must be fully informed of all environmental issues. Failure to do so will be considered a material misrepresentation and result in a performance point penalty for all members of the development team for future HOME applications with the Department.
NOTE: The Department is unable to give legal advice regarding a specific Project or program. If an Applicant has specific questions regarding a Choice-Limiting Action, or C.3.a
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environmental laws that may affect the Project or program, the Department recommends that the Applicant consult with a legal advisor or professional consultant prior to taking any actions on the Project. Applicants understand and agree that they are solely responsible for their decisions with respect to Choice-Limiting Actions, or potentially Choice-Limiting Actions, and the Department shall have no liability therefor.
Federal Prevailing Wage Requirements (Davis-Bacon)
Federal prevailing wages must be paid on Projects involving site development, construction, and rehabilitation, where there are 12 or more HOME-assisted units.
The HOME Applicant and the construction contractor must ensure that the Davis-Bacon wage requirements as well as state prevailing wage laws are followed, where applicable. The Sources and Uses Form submitted with the HOME application will be examined to ensure that prevailing wage costs have been considered (state and federal, if applicable). CHDOs are required to hire an outside consultant to act as a Labor Standards Coordinator. If the HOME Applicant does not have existing staff to enforce federal labor standards, then it is highly recommended that an outside labor consultant be hired.
For Projects located on Native American Lands as defined by 25 C.C.R. § 8201(y)(1) and the HOME applicant has adopted a Tribally Determined Wage (TDW) in accordance with Tribal law, the HOME Applicant may apply its TDW in lieu of Davis Bacon and the California prevailing wage law.
Homebuyer Self-Help Projects with 12 or more HOME-assisted units may be excluded from Davis-Bacon wage requirements if either of the following applies:
a. Site development was completed before the HOME application, the use of HOME funds was not contemplated when the site development was completed, and there are no agreements or contracts for more than 11 HOME units. If the use of HOME was contemplated before the site development was completed, Davis-Bacon wages must be paid on the entire Project; or b. If the Self-Help families purchase finished lots and contract individually with the General Contractor for construction of their homes, and there are no other construction contracts or subcontracts that cover more than one unit.
Displacement, Relocation, and Acquisition Requirements
Relocation assistance must be provided if individuals and/or businesses will be temporarily relocated or permanently displaced as a result of a HOME-assisted Project.
All Projects are required to comply with the Uniform Relocation Assistance and Real Property Acquisition Act (URA) and the Displacement, Relocation, and Acquisition requirements pursuant to 24 C.F.R. § 92.353. Specifically, federal relocation requirements extend back to the “initiation of negotiations” (ION). For more information on federal displacement, relocation, and acquisition requirements, see HUD’s CPD Handbook 1378.0.
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an earlier ION date is necessary. Applications for tenant-occupied properties must have already provided the General Information Notice (GIN) to all tenants by the date of the ION.
The Sources and Uses form submitted with the application must adequately budget for relocation costs. Consistent with federal relocation requirements prohibiting economic displacement, if rents for existing tenants will increase, a transition reserve must be budgeted to maintain rents for existing tenants at the higher of 30 percent (30%) of their income at ION or the rent at the time of ION, not including regular increases in expenses, for as long as they live in the Project.
Homebuyer 90-Day Vacancy Rule: Relocation requirements will also be triggered if a FTHB proposes to purchase a home that has been occupied by a renter in the 90 days preceding the date of the purchase agreement. Exceptions to this rule can be made by the Department on a case-by-case basis with adequate third-party documentation that the tenant moved for reasons unrelated to the sale of the property, such as the tenant moving for another job.
Normally, relocation will not be triggered for OOR or TBRA programs. However, temporary relocation costs are an eligible HOME grant expense.
A relocation certification is required for all Projects including vacant site(s).
Applicants that assert their Project does not require relocation must submit a detailed explanation, including supporting documentation, as to why relocation (of tenants, farms, businesses, etc.) is not required. The Department will review the documentation and make a determination as to whether a relocation plan is necessary. Relocation considerations include the following:
• Vacant land, which is land that is not developed or being used for agricultural purposes;
• Property vacated for the Project, then relocation applies; and • Tenants include anyone who is living or storing their belongings on the property with the owner’s consent, whether or not the “tenant” pays rent. Squatters are not tenants.
If relocation is not required, the Department will issue a Certification Regarding Non- application of Relocation Benefits and Indemnification Agreement (“Non-Relocation Certification”). This Non-Relocation Certification must be executed by the Applicant/borrower/sponsor prior to the Department executing the Standard Agreement, and as a condition thereof. The Non-Relocation Certification substantiates and certifies that there is no displacement including, but not limited to, the displacement of tenants, businesses, and farms; therefore, no relocation is required. Submission of thorough and clear supporting information will lead to a more efficient review and decision.
The following are examples of supporting documentation for the Non-Relocation Certification:
• Background information
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• Project information
• Reports from professionals, such as appraisal or soils report • Purchase information
• Mini relocation plan with pictures of the vacant land • Summary relocation report
• Scope of Work from the general contractor
• Letter from the Project engineer stating the scope of work • Sales contract evidencing the purchase of vacant land • ALTA survey of (purchased) vacant land
• Property tax assessment for vacant land
• Photographic evidence of vacant land
Pursuant to 24 C.F.R. § 92.353(g) regarding “Displacement, Relocation and Acquisition:
Appeals,” a person who disagrees with the participating jurisdiction's determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person may be eligible, may file a written appeal of that determination with the jurisdiction. A low-income person who is dissatisfied with the jurisdiction's determination on his or her appeal may submit a written request for review of that determination to the HUD Field Office.
Procurement Requirements for State Recipients Using Administrative Subcontractors Except for procurement of the NEPA consultant, which can be accomplished using the small purchase procurement method (i.e., by use of informal price quotations), State Recipients using administrative subcontractors paid with HOME Funds must follow a competitive Request for Qualifications (RFQ) or Request for Proposals (RFP) procurement process to select the administrative subcontractor. For information on this procurement process, see the HOME Contract Management Manual at http://www.hcd.ca.gov/grants-funding/active-funding/home/cmm.shtml Single Audit Report Documentation and Reporting Requirements The Awardee must collect and report data upon execution of the Regulatory Agreement until the final Project Completion Report is accepted in the federal disbursement and information system, and annual performance reports must be submitted to the Department during the entire affordability period pertaining to the outcomes of the program and pursuant to the Regulatory Agreement provisions.
Local government Applicants must comply with 2 C.F.R. Part 200.512 Single Audit Report Submission requirements. The Department will make the determination on the status of the Single Audit reporting compliance as of the date of application submission by consultation with the California State Controller’s Office (SCO). Jurisdictions that are exempt from filing must submit a copy of the exemption letter notifying the SCO of their exempt status with their application.
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Applicants/Awardees are responsible for disclosing all changes to the Project since submitting the application. Such changes could include, but are not limited to, development team member changes, increased or decreased costs, intent to apply for additional funds, changed Project description, environmental issues, and Project timeline changes.
Questions regarding compliance with the submittal requirements can be directed to [email protected].
Violence Against Women Act Requirements
Projects must implement policies and practices that comply with the Violence Against Women Act (“VAWA”) (Title VI-Safe Homes for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking – Section 601 – 603 and 81 C.F.R. § 80724), in accordance with federal HOME regulations at 24 C.F.R. § 92.359.
Fair Housing and Tenants’ Rights Protections
The Applicant/Awardee must comply with all applicable local, state, and federal laws, constitutions, codes, standards, rules, guidelines, and regulations, including, without limitation, those that pertain to accessibility, construction, health and safety, labor, fair housing, fair employment practices, affirmative marketing and outreach practices, nondiscrimination, and equal opportunity, where applicable.
To the furthest extent applicable and subject to federal preemption, the Applicant/Awardee must comply with all relevant laws, including, without limitation, the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.); the Unruh Civil Rights Act (Civ.
Code, § 51); Government Code § 11135 (the prohibition of discrimination in state-funded programs); Government Code § 8899.50 (the duty to affirmatively further fair housing); California’s Housing Element Law (Gov. Code, § 65583 et seq.); California Code of Regulations, Title 2, §§12264 – 12271 (legally permissible consideration of criminal history information in housing); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.); the ADA of 1990 (42 U.S.C. § 12101 et seq.); the Fair Housing Act (FHA) and amendments (42 U.S.C. § 3601 et seq.); the Fair Housing Amendments Act of 1988; Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Architectural Barriers Act of 1968 (42 U.S.C. § 4151 et seq.); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 – 6107); and all federal and state regulations implementing these laws.
Federal Section 3 Rule
In 2020, HUD published a final rule (24 C.F.R. Part 75) (“Section 3”), which outlines requirements for creating economic opportunities for low and very low-income persons and eligible businesses. To the greatest extent possible, Section 3 requires that recipients of certain HUD financial assistance (which includes HOME funds) provide job training and employment opportunities to low- or very low-income residents in connection with HOME Projects and activities in their neighborhoods.
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VII. Other Terms and Conditions
A. Right to Modify or Suspend
The Department reserves the right, at is sole discretion, to suspend, rescind, amend, modify, or supplement the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties via a Listserv notice and will post the revisions to the Department website. Be sure to sign up for our Listserv at https://www.hcd.ca.gov/contact-us/email-signup by choosing “Federal Programs.” This NOFA is not a commitment of funds to any activity or Applicant.
B. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation (whichever is stricter) shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the HOME Program, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.
C. False, Fictitious or Fraudulent Claims
Warning: Any person who knowingly makes a false claim or statement to HUD or the Department in connection with this HOME NOFA may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.
D. Detecting, Preventing, and Reporting Fraud
Fraud is a white-collar crime that has a devastating effect on the HOME program because the HOME program beneficiaries are victims of this crime when the HOME program is abused. The Department wants to stop any criminal assault on the HOME program it administers, and in doing so ensure all HOME funds go to people it was designed to help and improve their living conditions.
E. Combating Fraud
The HUD Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.
HUD cannot combat fraud alone; they rely on the Department and HOME NOFA Applicants to combat HOME program fraud.
HUD also relies on Applicants for, and people receiving, HUD benefits, such as: tenants receiving rental assistance, borrowers with HUD insured loans, and/or citizens having their communities restored using HUD grants.
The HUD OIG Hotline number is 1-800-347-3735. This is the primary means to submit allegations of fraud, waste, abuse, mismanagement, or Whistleblower related matters for the HOME program to the OIG.
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California Department of Housing and Community Development 60 HOME 2022-2023 NOFA
HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the HOME program from HUD employees, anyone administering the HOME program, anyone working in the HOME program, contractors, and the public.
Complaints can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.
Fraud, waste and abuse in the HOME program and its operation may be reported in one of the following four (4) ways:
By email to: [email protected]
By phone: Call toll free: 1-800-347-3735
By fax: 202-708-4829
By mail:
U.S. Department of Housing & Urban Development
HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518
HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518.
F. Whistleblower Protection Acts
(Federal Whistleblower Protection Act (5 U.S.C Section 2302(b)(8)) The Federal Whistleblower Protection Act (WPA) protects employees from retaliation for making protected disclosures. The WPA also provides penalties for supervisors who retaliate against Whistleblowers.
1. A disclosure is protected under the WPA if the employee discloses information the employee reasonably believes to be evidence of:
a. a violation of any law, rule, or regulation,
b. gross mismanagement,
c. a gross waste of funds,
d. an abuse of authority, or
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e. a substantial and specific danger to public health or safety.
2. In general, an employee or Applicant may make a protected disclosure to anyone, including non-governmental audiences, unless the information is classified or specifically prohibited by law from release. Options for making a protected disclosure include:
a. Informing a supervisor or someone higher up in management, b. Submitting a complaint to the OIG by emailing the OIG at [email protected], c. Filing a complaint with the Office of Special Counsel (OSC) https://www.osc.gov/ .
The California Whistleblower Protection Act (Title 2, Division 1, Chapter 6.5, Article 3.5, Gov.
Code §§ 8548-8548.5)
The California Whistleblower Protection Act authorizes the California State Auditor to receive complaints from state employees and members of the public who wish to report an improper governmental activity. An "improper governmental activity" is any action by a state agency or any action by a state employee directly related to state government that:
1. Violates any state or federal law or regulation,
2. Violates an Executive Order of the Governor, a California Rule of Court, or any policy or procedure required by the State Administrative Manual or State Contracting Manual, or
3. Is economically wasteful or involves gross misconduct, incompetency, or inefficiency.
Complaints received by the State Auditor are confidential, and the identity of the complainant may not be revealed without the complainant's permission, aside from to an appropriate law enforcement agency conducting a criminal investigation.
There are many ways to file a complaint:
1. By Telephone
Call the Whistleblower Hotline at (800) 952-5665 to file a complaint by talking to one of the State Auditor's employees. The hotline generally is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m. If when called, the hotline is not being staffed, or staff is occupied with other calls, a voicemail message can be left requesting a return call.
2. By Mail or Facsimile
To file a complaint in writing, submit a letter to the State Auditor addressed as follows:
Investigations California State Auditor
P.O. Box 1019
Sacramento, CA 95812
Or the letter may be faxed to the State Auditor at (916) 322-2603.
As an alternative, a complaint form may be accessed electronically (which is available on the State Auditor website at auditor.ca.gov). To submit, print it out, and return it by mail or facsimile as stated above.
3. Online
Although the State Auditor does not accept complaints by email, complaints may be submitted online at https://www.auditor.ca.gov/contactus/complaint .
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California Department of Housing and Community Development 62 HOME 2022-2023 NOFA
The State Auditor will not undertake an investigation unless there is a basis for believing that a complaint has sufficient merit to warrant spending resources on an investigation. A complaint should therefore include:
a. A clear and concise statement of what is being alleged to be improper activity and why it is believed to be improper.
b. The name or other information that clearly identifies the person alleged to have acted improperly and the department where that person works.
c. The names and contact information for any witnesses who can confirm the truth of the complaint.
d. Copies of any documents that will support the complaint. (Do not submit original documents, as they cannot be returned.)
G. Cancellation and Defaults
If HCD is required to repay HUD for HOME funds invested in affordable housing because the Project failed to meet the required minimum period of affordability (pursuant to 24 C.F.R. § 92.252(e)), then the Applicant/Developer/Contractor must repay the same amount back to the Department upon demand.
Terminated Projects: If a HOME Project is terminated pursuant to 24 C.F.R. § 92.205 and the Department has to repay any HOME funds invested in the Project to the participating jurisdiction's HOME Investment Trust Fund in accordance with 24 C.F.R. §
92.503(b), then Applicant/Sponsor/Developer/Borrower must repay that money back to the Department, so the Department can be made whole.
H. Loan Closing Requirements
Sponsor must submit all Department Closing Checklist items well in advance of the anticipated construction loan closing, occupancy, and permanent loan closing dates.
Sponsors and Borrowers should allow at minimum 60 days after they have submitted to the Department the (i) final due diligence documents; and (ii) final signed transaction summary report for a loan to close. With the Department’s current workload, the Department strongly recommends Sponsors and Borrower allow at minimum 90 days after submitting the final signed transaction summary for a HOME loan to close.
Failure by Sponsors and Borrowers to timely submit (i) the required due diligence documentation; and (ii) the final signed transaction summary will result in an unnecessary delay to the date when the Department loan will be able to close and may result in extra costs to Borrower. Sponsors and Borrowers are responsible to plan accordingly to ensure a timely closing.
VIII. List of Appendices
Appendix A: Eligible HOME Jurisdictions
Appendix B: CHDO Certification Instructions
Appendix C: Community Needs Score
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 27, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
SPONSOR(S): Burns
TITLE OF ITEM: RESOLUTION NO. 2024-41, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING COUNCILMEMBER BURNS TO USE CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS FOR A
SURVEILLANCE CAMERA SYSTEM AT VALLEY VIEW PARK
BRIEF DESCRIPTION: A resolution of the City Council of Hollister authorizing the use of City Council FY 23/24 budgeted discretionary funds for surveillance cameras at Valley View Park.
RECOMMENDATION: Adopt a resolution authorizing City Council discretionary funds not to exceed $42,000 for the purchase of surveillance cameras and equipment to include installation at Valley View Park for park security purposes.
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.
Councilmember Burns requests the approval to use FY 23/24 budgeted discretionary funds for the surveillance camera system equipment which includes the installation at Valley View Park in the Valley View community area.
Staff requested a quote from our sole source provider, Surveillance Grid, Inc., (Sole Source Resolution No. 2019-196) for a camera surveillance systems solution for that park. A camera system package has been identified with a quotation in the amount of $42,000 – camera equipment package without the ALPR (Automated License Plate Recognition) and includes installation.
Having cameras in our parks can assist in deterring criminal elements and solve crimes that are committed in the view of the surveillance cameras. The city is committed to adding security measures in all our city parks and adding this area will be a step in that direction.
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FINANCIAL IMPACT: Not to exceed $42,000 –
FY 23/24 – City Council – Discretionary Funds –
101-1105-730010 – District 4
CEQA: N/A
ATTACHMENTS:
1. Valley View Park with out ALPR design
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RESOLUTION NO. 2024-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING COUNCILMEMBER BURNS TO USE CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS FOR A SURVEILLANCE CAMERA SYSTEM AT
VALLEY VIEW PARK
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 requires a majority vote of the City Council at a public City Council meeting; and
WHEREAS, Councilmember Burns requests approval to use budgeted discretionary funds to purchase a camera surveillance system to be installed at Valley View Park in the Valley View community area;
WHEREAS, having cameras in our park can assist in deterring criminal elements and solve crimes that are committed in the view of the surveillance cameras; and
WHEREAS, the city is committed to adding security measures in all our city parks and adding this area will be a step in that direction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve discretionary funds not to exceed $42,000 to purchase a camera surveillance system which includes installation at Valley View Park.
Not to exceed $42,000 – FY 23/24 – Councilmember Burns – Discretionary Funds – 101-1105-730010 – District 4
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 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. 2024-41, 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 27, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
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 City Council will consider approval of Ordinance 1248.
RECOMMENDATION: Adopt Ordinance 1248 amending the Development Agreement and allowing a partial assignment to Eden /Mimosa Street Investors, LP.
ATTACHMENTS:
1. 1A. Exhibit A - Amended Development Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 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
WHEREAS, on March 18, 2024, the City Council held 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 and adopted as an ordinance by the City of Hollister at a regular meeting of the City Council held on April 2, 2024 by the following vote:
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 2024, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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101490\16689803v5
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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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: APRIL 2, 2024
SUBMITTED: March 22, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RESOLUTION NO. 2024-42, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER, SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY OF HOLLISTER A MEASURE AMENDING SECTION
2.04.020 OF CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE HOLLISTER MUNICIPAL CODE TO CHANGE THE TERM OF OFFICE OF THE ELECTED MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS,
AT A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024; AND
SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR
AND AGAINST THE MEASURE
BRIEF DESCRIPTION: This resolution places on the November 5, 2024, General Municipal Election a ballot measure seeking voter direction on whether to change the length of the mayoral term from a two-year term to a four-year term, beginning with the November 2024 election.
RECOMMENDATION: Adopt a resolution to place the ballot measure before the voters at the November 5, 2024, General Municipal Election.
DEPARTMENT SUMMARY: The City of Hollister held several meetings to discuss adding a ballot measure for the voters to give direction on whether to change the length of the mayoral term from a two-year term to a four-year term, beginning with the 2024 election. At the November 4, 2023 meeting, the Council directed staff to place a ballot measure on the November 5, 2024, General Municipal Election regarding mayoral term length. The measure would ask the voters to vote yes or no to changing the mayoral term length from two years to four years.
If the measure is adopted by the voters, the mayor elected on November 5, 2024 shall have their term extended by two years to serve a full four-year term. The next mayoral election would be held on November 7, 2028.
FINANCIAL IMPACT: Cost of measure to be on the ballot is anticipated to be $16,000.00-$26,000.00.
CEQA: This action is not a project under CEQA
ATTACHMENTS:
1. EXHIBIT A - Ordinance - Term Length for Mayor from 2 to 4 years
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2024-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER,
SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF HOLLISTER A MEASURE AMENDING SECTION 2.04.020 OF CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE HOLLISTER MUNICIPAL
CODE TO CHANGE THE TERM OF OFFICE OF THE ELECTED MAYOR FROM TWO (2) YEARS TO FOUR (4) YEARS, AT A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024; AND SETTING RULES AND DEADLINES FOR THE
SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE
WHEREAS, pursuant to California Government Code section 34902(a) and Hollister Municipal Code section 2.04.020, the office of Mayor is currently a separately elected office in the City of Hollister (“City”); and
WHEREAS, Hollister Municipal Code section 2.04.020 currently provides as follows:
“The mayor shall be elected at-large by voters to a two-year term, beginning in 2012.
The mayor shall receive compensation of $200.00 per month in addition to that which the mayor receives as a councilmember. After new Council Members have been seated in election years and/or at a meeting in December the city council shall select one of its members to serve as Mayor pro tempore for a term of one year. The Vice Mayor shall be chosen on a rotating basis in sequential order of districts .”
WHEREAS, the office of Mayor stands for election every two years, the last election for this office being November 8, 2022 and the current term for this office expiring at the canvassing of returns for the November 5, 2024 election; and
WHEREAS, California Government Code section 34900 provides that:
“At any general municipal election, or at a special election held for that purpose, the city council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city council members, and whether the mayor shall serve a two-year or four-year term. In cities presently having elected mayors, the city council may also submit to the electors the question of whether the mayor shall thereafter serve a two-year or a four-year term.”
WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and
WHEREAS, California Government Code section 34900 authorizes the City Council to submit to voters the question of whether the term of the elective office of Mayor should be changed from two (2) years to four (4) years; and
WHEREAS, the City Council desires to submit to Hollister voters a measure that would change the term of the office of Mayor from an elected two (2) year term to an elected four (4) year term, the first four (4) year term commencing with the November 5, 2024 General Municipal Election; and
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WHEREAS, the City Council desires to consolidate the General Municipal E lection for the ballot measure described herein with the Statewide General Election to be held on November 5, 2024; and
WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and
WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.
SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code sections 9222, 10201, and 10400 et seq. and Government Code section 34900, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the General Municipal Election to be held and consolidated with the Statewide General Election on November 5, 2024. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.
SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Elections Code sections 10400 et seq. and Government Code section 34901, does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the election to be held at the General Municipal Election to be consolidated with the Statewide General Election on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following question:
“Commencing with the November 5, 2024 General
Municipal Election, shall the term of office of Mayor be changed from two (2) years to four (4) years?”
YES
NO
SECTION 4. Election Procedures/Request for Consolidation.
A. The City Council consents to the consolidation of the election on this Measure C.6
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with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Elections Code Section 10418.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of San Benito County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Hollister as may be requested by the City Clerk of said City, the County of San Benito to be reimbursed in full for such services as are performed.
D. The election services which the City of Hollister requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Hollister; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election.
F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Benito; and
G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts.
Said central counting place shall be at a County center as designated by the Registrar of Voters.
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J. The San Benito County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Hollister shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law.
SECTION 5. Arguments and Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and includ ing April 30, 2024, after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the ballot Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.”
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SECTION 6. Rebuttals.
A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than May 10, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
C. That the provisions herein shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
SECTION 7. Placement on the Ballot. The full text of the Measure shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.
SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Re solution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Benito County and to the Registrar of Voters of San Benito County not later than 88 days prior to the General Municipal Election.
SECTION 9. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).
SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 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. 2024-42, 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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EXHIBIT “A”
ORDINANCE NO. 2024-____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF HOLLISTER,
CALIFORNIA, AMENDING SECTION 2.04.020 OF CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE
HOLLISTER MUNICIPAL CODE TO CHANGE THE TERM OF OFFICE
OF THE ELECTED MAYOR FROM TWO (2) YEARS TO FOUR (4)
YEARS, COMMENCING WITH THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION
NOW THEREFORE, THE PEOPLE OF THE CITY OF HOLLISTER DO ORDAIN AS FOLLOWS:
SECTION 1. Subject to the approval of a majority of the voters of the City of Hollister at the scheduled election so designated by the City Council in a separate resolution placing this proposal on the ballot for such election, section 2.04.020 of Chapter
2.04 (City Council) of Title 2 (Administration and Personnel) of the Hollister Municipal Code is hereby amended to read as follows:
“CHAPTER 2.04 – CITY COUNCIL
2.04.020 – Election of mayor.
The mayor shall be elected at-large by voters to a four-two-year term beginning in 2012 with the November 5, 2024 General Municipal Election and at each General Municipal Election held four years thereafter. The mayor shall receive compensation of $200.00 per month in addition to that which the mayor receives as a councilmember. At the first regular council meeting in January of each year, the city council shall select one of its members to serve as mayor pro tempore for a term of one year.” SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.
SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions, or administrative policies of the City of Hollister which are in conflict with any provision of this Ordinance.
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SECTION 4. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.
SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Hollister voting at a General Municipal Election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of the General Municipal Election by resolution.
SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 5, 2024, by signing where indicated below.
I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Hollister on November 5, 2024.
Dated: _______________________ ______________________________
MIA CASEY
MAYOR
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ JENNIFER WOODWORTH ________________________
CITY CLERK CITY ATTORNEY
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 28, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RESOLUTION NO. 2024-43, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER, CALIFORNIA CALLING FOR THE
PLACEMENT OF A TRANSIENT OCCUPANCY TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION CONSOLIDATED
WITH THE STATEWIDE GENERAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO AMEND CHAPTER 3.32 OF THE
HOLLISTER MUNICIPAL CODE, ENACTING A FOUR PERCENTAGE POINT
INCREASE IN OCCUPANCY TAX AND RESERVING THAT INCREASE FOR THE CITY GENERAL FUND; AND SETTING RULES AND DEADLINES FOR THE
SUBMITTAL OF ARGUMENTS FOR AND AGAINST THE MEASURE
BRIEF DESCRIPTION: This resolution places on the November 5, 2024, General Municipal Election a ballot measure increasing the Transient Occupancy Tax four (4) percentage points from 8% to 12%.
RECOMMENDATION: Adopt a resolution to place the ballot measure before the voters at the November 5, 2024, General Municipal Election.
DEPARTMENT SUMMARY: A transient occupancy tax (TOT) is a local tax applied to the cost of a hotel or other lodging stays of less than 30 days in the City. A TOT does not generally have a negative impact on or cost to the residents of Hollister as the tax is paid by those visiting the community. In 1986, the City Council adopted Ordinance No. 672, which created the TOT for the City. The current rate charged by the City of Hollister is 8% and has not changed since the rate was initially set. In August 2023, Council directed staff to examine a potential increase of the TOT, in efforts to increase general fund revenues and maintain existing levels of public service.
Occupancy taxes apply to short-term lodging rentals, and go by many names, such as hotel tax, hotel/motel tax, lodging tax and transient room tax. The laws that impose these taxes typically define the length of stay subject to the tax. In California, for example, transient occupancy taxes do not apply to rentals longer than 30 days, a common standard. The rental length is designed to ensure that visitors to a community pay the tax, but people living there do not.
California's transient occupancy taxes are not imposed statewide, but state law gives cities and counties the authority to impose them. The City’s current TOT rate is on the lower end of the spectrum for nearby cities. The taxes in Los Angeles and San Francisco both exceed 15%, while nearby municipalities are typically 10% or higher.
Below is a breakdown of the TOT for jurisdictions local to Hollister.
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Jurisdiction Transient Occupancy Tax Rate
Gilroy 9%
Los Baños 10%
Monterey 10%
Morgan Hill 11%
Salinas 10%
San Jose 10%
San Juan Bautista 12%
Santa Cruz 11%
Seaside 12%
Watsonville 11%
In order to increase the TOT, a measure must be placed on an upcoming ballot and pass with a simple majority. Proposed use of TOT revenue would support City services, including public safety, parks, roads, and infrastructure maintenance. Staff worked with the City’s election consultant, Best Best & Krieger, LLP, to develop the attached measure and revision to the City’s TOT Ordinance.
FINANCIAL IMPACT: Cost of measure to be on the ballot is anticipated to be $16,000.00-$26,000.00.
CEQA: This action is not a project under CEQA
ATTACHMENTS:
1. TOT Ballot Measure_Exhibit 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. 2024-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER,
CALIFORNIA CALLING FOR THE PLACEMENT OF A TRANSIENT OCCUPANCY TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO AMEND CHAPTER 3.32 OF THE HOLLISTER MUNICIPAL CODE,
ENACTING A FOUR PERCENTAGE POINT INCREASE IN OCCUPANCY TAX AND RESERVING THAT INCREASE FOR THE CITY GENERAL FUND; AND SETTING
RULES AND DEADLINES FOR THE SUBMITTAL OF ARGUMENTS FOR AND
AGAINST THE MEASURE
WHEREAS, the City Council of the City of Hollister (“City”) is authorized to levy a Transient Occupancy Tax (“TOT”) for general purposes pursuant to California Revenue and Taxation Code §7280, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, §2 of the California Constitution (“Proposition 218”); and
WHEREAS, pursuant to California Elections Code §9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure enacting an increase in TOT at a rate of four percentage (4%) on the occupancy in any hotel, in the City until it is ended by voters, as more specifically set forth in the attached proposed ordinance amending Section
3.32.030 of the City’s Municipal Code; and
WHEREAS, if approved, TOT will increase from 8 percent to 12 percent; and
WHEREAS, TOT is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for important general City services; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and
WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 5, 2024; and
WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”), a two - thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 5, 2024 ballot; and
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WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection, and use of TOT are described and provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.
SECTION 2. Submission of Ballot Measure. Pursuant to California Elections Code §9222, Government Code §53724, Revenue and Taxation Code §7280 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, by a two-thirds (2/3) vote of all members, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 5, 2024.
SECTION 3. The City Council, pursuant to California Elections Code §9222, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
“Shall a measure enacting a four percentage point (4%) increase to transient occupancy tax, increasing the total tax levied on hotel occupants from 8 to 12 percent, and reserving the increase for the general fund, generating approximately $300,000.00 annually for general City services such as public safety, park maintenance, recreation programs, street maintenance, solid waste, and community facilities maintenance until ended by voters, be adopted?”
YES
NO
SECTION 4. Election Procedures/Request for Consolidation.
A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, 2024, and to hold and conduct the consolidated election in the manner prescribed in Elections Code Section 10418.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of San Benito County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 5, 2024, and to having the Registrar of Voters render such election services to the City of Hollister as may be requested by the C.7
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City Clerk of said City, the County of San Benito to be reimbursed in full for such services as are performed.
D. The election services which the City of Hollister requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Hollister; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia, or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election.
F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of San Benito; and G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
J. The San Benito County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Hollister shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law.
SECTION 5. Arguments and Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, C.7
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Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including April 30, 2024, after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the ballot Measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) and a copy will be mailed at no cost to you.”
SECTION 6. Rebuttals.
A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor.
The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than May 10, 2024. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
C. That the provisions herein shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
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SECTION 6. Notice of the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Elections Code §9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.
SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the County Clerk – Registrar of Voters of the County of San Benito, State of California, a certified copy of this Resolution.
SECTION 9. Public Examination. Pursuant to California Elections Code §9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.
SECTION 10. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).
SECTION 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
SECTION 12. This Resolution shall become effective upon its adoption.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Hollister at a regular meeting held this 2nd day of April, 2024, by the following vote:
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 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. 2024-43, 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Exhibit “A”
Transient Occupancy Tax
[attached behind this page]
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ORDINANCE NO. ____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF HOLLISTER, CALIFORNIA, AMENDING CHAPTER 3.32 of TITLE 3 OF THE HOLLISTER MUNICIPAL CODE TO ENACT A FOUR PERCENTAGE POINT (4%) INCREASE TO TRANSIENT
OCCUPANCY TAX TO BE RESERVED IN ITS ENTIRETY FOR THE CITY GENERAL FUND
WHEREAS, pursuant to California Revenue and Taxation Code Section 7280 the City of Hollister (“City”) is authorized to levy a Transient Occupancy Tax for general purposes, subject to majority voter approval; and
WHEREAS, the People of the City desire to levy a Transient Occupancy Tax for general purposes until repealed to fund important general City services, at a rate of 12 percent (12%); and
WHEREAS, the People of the City desire to increase the percentage of Transient Occupancy Tax for general purposes to fund important City services, including public safety services, street maintenance, and parks and recreation programs; and
WHEREAS, if approved by the City Council and Hollister voters, the Transactions and Use Tax ordinance will be incorporated into Chapter 3.32 of Title 3 of the Hollister Municipal Code.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF HOLLISTER DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. Title and Text. This Ordinance shall be known as the Uniform Transient Occupancy Tax Ordinance, the full text of which is set forth in Attachment “1”, attached hereto and incorporated herein by reference.
Section 2. Approval by the City Council. Pursuant to California Government Code Section 53724 and Revenue and Taxation Code Section 7280, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on April 2, 2024.
Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Hollister voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.
Section 4. Operative Date. “Operative Date” for the Transient Occupancy Tax means the first day of the first calendar quarter commencing more than 110 days after the date this Ordinance is adopted, as set forth in Section 3 above.
Section 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the C.7.a
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application of such provision to other persons or circumstances shall not be affected thereby.
I hereby certify that the Hollister Transient Occupancy Tax Ordinance was PASSED, APPROVED, AND ADOPTED by the people of the City of Hollister on the 5th day of November, 2024
________________________________
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
_______________________________ ________________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney
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ATTACHMENT 1
CHAPTER 3.32. - UNIFORM TRANSIENT OCCUPANCY TAX
Sections:
§ 3.32.010 Short Title.
§ 3.32.020 Definitions.
§ 3.32.030 Tax Imposed.
§ 3.32.040 Exemptions from Provisions.
§ 3.32.050 Operator's Duties.
§ 3.32.060 Registration.
§ 3.32.070 Reporting and Remittances.
§ 3.32.080 Penalties and Interest.
§ 3.32.090 Failure to Collect and Report Tax.
§ 3.32.100 Appeals.
§ 3.32.110 Cessation of Business.
§ 3.32.120 Records.
§ 3.32.130 Refunds.
§ 3.32.140 Suspension and Revocation of Permits.
§ 3.32.150 Closure of Hotel Without Permit.
§ 3.32.160 Recording Certificates – Liens.
§ 3.32.170 Priority of Liens.
§ 3.32.180 Warrants for the Collection of Tax.
§ 3.32.190 Seizures and Sales.
§ 3.32.200 Successors' liability—Withholding by Purchasers. § 3.32.210 Liability of purchasers—Release.
§ 3.32.220 Notices to Withhold.
§ 3.32.230 Extensions of Time.
§ 3.32.240 Divulging of information forbidden
§ 3.32.250 Violations – Penalties
3.32.010 Short title.
This chapter shall be known as the Uniform Transient Occupancy Tax Law of the city.
3.32.020 Definitions.
Unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
Hotel means any structure, or any portion of any structure, which is occupied, or intended or designed for occupancy, by transients for dwelling, lodging, or sleeping purposes, and shall include any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure, or portion thereof.
Occupancy means the use or possession, or the right to the use or possession, of any room, or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.
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Operator means the person who is the proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent, however, shall be considered to be compliance by both.
Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction therefrom whatsoever.
Tax administrator means the director of administrative services of the city.
Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, time share arrangement or other agreement of whatever nature, for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until a period of 30 consecutive calendar days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. Unless days of occupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds 30 calendar days.
3.32.030 Tax imposed.
For the privilege of occupancy in any hotel, each transient shall be subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. Such tax shall constitute a debt owed by the transient to the city, which debt shall be extinguished only by payment to the operator. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid t ax shall be due upon the transient's ceasing to occupy space in the hotel. If, for any reason, the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.
Effective April 1, 2025, Transient Occupancy Tax shall increase by four percentage points (4%), from 8 percent to 12 percent.
3.32.040 Exemptions from provisions.
A. No tax shall be imposed upon:
1. Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax provided for in this chapter; C.7.a
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2. Any federal or state officer or employee when on official business; or
3. Any officer or employee of a foreign government, which officer or employee is exempt by reason of express provisions of federal law or international treaty.
B. No exemption shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the tax administrator.
3.32.050 Operator's duties.
Each operator shall collect the tax imposed by the provisions of this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax, or any part thereof, will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded, except in the manner provided in this chapter.
3.32.060 Registration.
Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever shall first occur, each operator of any hotel renting an occupancy to transients shall register such hotel with the ta x administrator and obtain from the tax administrator a transient occupancy registration certificate which shall at all times be posted in a conspicuous place on the premises.
Such certificate, among other things, shall set forth the following information:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued; and
D. A statement as follows: "This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Law by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting such tax to the Tax Administrator. This certificate shall not authorize any person to conduct any lawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all applicable laws, including, but not limited to, those requiring a permit from any board, commission, department, or office of the City of Hollister.
This certificate shall not constitute a permit."
3.32.070 Reports and remittances.
The tax imposed by Section 3.32.030 shall:
A. Be due to the tax administrator at the time it is collected by the operator; and B. Become delinquent and subject to penalties if not received by the tax administrator on or before the last working day of the month following the close of C.7.a
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each calendar quarter. Each operator, on or before the last working day of the month following the close of each calendar quarter, shall file a return with the tax administrator on the forms provided in Section 3.32.030, whether or not received, including any rentals charged for occupancies exempt under the provisions of Section 3.32.040, and the amount of the tax collected for transient occupancies.
Each such return shall contain a declaration under penalty of perjury, executed by the operator or the operator's authorized agent, that to the best of the signer's knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Sections 3.32.040 and
3.32.130 shall be fully itemized and explained on the return or supporting schedule. In determining the amount of taxable receipts on the tax return, rent, as defined in Section 3.32.020, may not be reduced by any business expense, including, but not limited to, the amount of service charges deducted by credit card companies or commissions paid to travel agencies. At the time the return is filed, the tax fixed at the prevailing transient occupancy tax rate for the amount of rentals charged or chargeable, which are not exempt from tax pursuant to Sections 3.32.040 and 3.32.130, shall be remitted to the tax administrator. The tax administrator may establish other reporting periods and may require a cash deposit or bond or a separate trust fund bank account for any permit holder if the tax administrator deems it necessary in order to insure the collection of the tax, and the tax administrator may require further information on the return. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until remittance thereof is made to the tax administrator.
3.32.080 Penalties and interest.
A. Original Delinquencies. Any operator who shall fail to remit any tax imposed by the provisions of this chapter within the time required shall pay a penalty in the amount of ten percent of the tax, in addition to the amount of the tax.
B. Continued Delinquencies. Any operator who shall fail to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty in the amount of ten percent of the tax, in addition to the amount of the tax and the ten percent penalty first imposed.
C. Fraud. If the tax administrator shall determine that the nonpayment of any remittance due pursuant to the provisions of this chapter is due to fraud, a penalty in the amount of 100 percent of the amount of the tax shall be added thereto, in addition to the penalties set forth in subsections A and B of this section.
D. Interest. In addition to the penalties imposed, any operator who shall fail to remit any tax imposed by the provisions of this chapter shall pay interest at the rate of one percent per month, or fraction thereof, on the amount of the tax exclusive of penalties, from the date on which the remittance first became delinquent until paid.
E. Penalties and Interest Merged with Tax. Every penalty imposed and such interest as accrues, pursuant to the provisions of this section, shall become a part of the tax required to be paid by the provisions of this chapter.
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3.32.090 Failure to collect or report tax—Determination of tax by the tax administrator.
If any operator shall fail or refuse to collect such tax and to make, within the time provided in this chapter, any report and remittance of such tax, or any portion thereof, required by the provisions of this chapter, the tax administrator shall proceed i n such manner as the tax administrator may deem best to obtain the facts and information on which to base his or her estimate of the tax due. As soon as the tax administrator shall procure such facts and information as he or she is able to obtain upon whic h to base the assessment of any such tax imposed by the provisions of this chapter and payable by any operator who has failed or refused to collect the tax and to make such report and remittance, the tax administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by the provisions of this chapter.
In the event such determination is made, the tax administrator shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the operator's addr ess as it appears in the records of the tax administrator. Such operator, within ten days after the service or mailing of such notice, may make an application in writing to the tax administrator for a hearing on the amount assessed. If an application by th e operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such an application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in such notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax to be remitted and shall thereafter given written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days, unless an appeal is filed as provided in Section 3.32.100.
3.32.100 Appeals.
Any operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk within 15 days after the service or mail ing of the determination of the tax due. The city council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to such operator at the operator's last known place of address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in this chapter for the service of a notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.
3.32.110 Cessation of business.
Each operator shall notify the tax administrator ten days prior to the sale or cessation of business for any reason, and returns and remittances shall be due immediately upon the sale or cessation of business.
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3.32.120 Records.
It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by the provisions of this chapter to keep and preserve, for a period of three years after the date any such tax is due and payable, all records as m ay be necessary to determine the amount of such tax as he or she may have been liable for the collection of, and payment to, the city, which records the tax administrator shall have the right to inspect at all reasonable times during regular business hours.
3.32.130 Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid, or paid more than once, or erroneously or illegally collected or received by the city pursuant to the provisions of this chapter, such amount may be refunded as provided in subsections B and C of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years after the date of payment. The claim shall be on forms furnished by the tax administrator.
B. Any operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once, or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.
C. A transient may obtain a refund of taxes overpaid, paid more than once, or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection A of this section, but only when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax.
D. No refund shall be paid pursuant to the provisions of this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto.
3.32.140 Suspension and revocation of permits.
Whenever any operator fails to comply with any provision of this chapter relating to the transient occupancy tax or any rule or regulation of the tax administrator relating to such tax prescribed and adopted by this chapter, the tax administrator, upon a hearing, after giving the operator ten days' written notice in writing specifying the time and place of the hearing and requiring the operator to show cause why his or her permit or permits should not be revoked, may suspend or revoke any one or more of the permits held by the operator. The tax administrator shall give to the operator written notice of the suspension or revocation of any of the operator's permits. The notices required by this section may be served personally or by mail in the manner prescribed for the service of a notice of a deficiency determination. The tax administrator shall not issue a new permit after the revocation of a permit unless he or she is satisfied that the former C.7.a
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holder of the permit will comply with the provisions of this chapter relating to the transient occupancy tax and the regulations of the tax administrator.
3.32.150 Closure of hotels without permits.
During any period of time during which a permit has not been issued, or is suspended, revoked or otherwise not validly in effect, the tax administrator may require that the hotel be closed.
3.32.160 Recording certificates—Liens.
If any amount required to be remitted or paid to the city pursuant to this chapter is not remitted or paid when due, the tax administrator, within three years after the amount is due, may file for record in the office of the county recorder a certificate specifying the amount of tax, penalties and interest due, the name and address, as they appear in the records of the tax administrator, of the operator liable for the same, and the fact that the tax administrator has complied with all the provisions of this chapter in the determination of the amount required to be remitted and paid. From the time of the filing for record, the amount required to be remitted, together with penalties and interest, shall constitute a lien upon all real property in the county owned by the operator or afterwards and before the lien expires acquired by the operator. The lien shall have the force, effect and priority of a judgment lien and shall continue for ten years after the time of the filing of the certificate, unless sooner released or otherwise discharged.
3.32.170 Priority of liens.
A. The amounts required to be remitted and/or paid by any operator pursuant to this chapter, with penalties and interest, shall be satisfied first in any of the following cases:
1. Whenever the person is insolvent;
2. Whenever the person makes a voluntary assignment of his or her assets;
3. Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all of the debts due from the deceased; and
4. Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount pursuant to this chapter is levied upon by process law. This chapter shall not give the city a preference over any recorded lien which is attached prior to the date when the amounts required to be paid become a lien.
B. The preference given to the city by this section shall be subordinate to the preferences given to claims for personal services by Sections 1204 and 1208 of the Code of Civil Procedure of the state.
3.32.180 Warrants for the collection of tax.
At any time within three years after any operator is delinquent in the remittance or payment of any amount required by this chapter to be remitted or paid, or within three years after the last recording of a certificate pursuant to Section 3.32.160, the ta x administrator may issue a warrant for the enforcement of any lien and for the collection C.7.a
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of any amount required to be paid to the city pursuant to this chapter. The warrant shall be directed to any sheriff or marshal or constable and shall have the same effect as a writ of execution. The warrant shall be levied and the sale made pursuant to it in the same manner and with the same effect as a writ of execution. The tax administrator may pay or advance to the sheriff or marshal or constable the same fees, commissions and expenses for his or her services as are provided by law for similar services pursuant to a writ of execution. The tax administrator, and not the court, shall approve the fees for publication in a newspaper.
3.32.190 Seizures and sales.
At any time within three years after any operator is delinquent in the remittance or payment of any amount due pursuant to this chapter, the tax administrator may forthwith collect the amount by seizing any property, real or personal, of the operator and s ell the property, or a sufficient part of it, at a public auction to pay the amount due, together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect transient occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure of the state.
3.32.200 Successors' liability—Withholding by purchasers.
If any operator liable for any amount pursuant to this chapter sells his or her business or quits the business, the operator's successors or assigns shall withhold sufficient of the purchase price to cover such amount until the former owner produces a receipt from the tax administrator showing that the amount has been paid or a certificate stating that no amount is due.
3.32.210 Liability of purchasers—Release.
If the purchaser of a hotel fails to withhold from the purchase price as required, the purchaser shall become personally liable for the payment of the amount required to be withheld by him or her to the extent of the purchase price, valued in money. Within 60 days after receiving a written request from the purchaser for a certificate, or within 60 days after the date the former owner's records are made available for audit, whichever period expires last, but in any event not later than 90 days after receivin g the request, the tax administrator shall either issue the certificate or mail a notice to the purchaser at the purchaser's address as it appears in the records of the tax administrator of the amount which shall be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold the purchase price as provided in this chapter. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his or her business or at the time the determination against the operator becomes final, whichever shall last occur.
3.32.220 Notices to withhold.
If any operator is delinquent in the remittance or payment of the amount required to be remitted or paid by the operator pursuant to this chapter, or in the event a determination has been made against the operator for the remittance of the tax and the payment of the penalty, the city, within three years after the tax obligation became due, may give notice thereof by personal delivery or by registered mail to the operator and C.7.a
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any persons, including the state or any political subdivision thereof, having in their possession or under their control any credits or other personal property belonging to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the operator's credits, other personal property, or debts until the city consents to a transfer or disposition or until 60 days elapse after the receipt of the notice, whichever expires earlier. All persons, upon the receipt of such notice, shall advise the city immediately of all such credits, other personal property, or debts in their possession, under their control, or owing by them. If the notice seeks to prevent the transfer or other disposition of a deposit in a bank or other credits or personal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of the bank at which the deposit is carried or at which the credits or personal property is held. If any person so notified makes a transfer or disposition of the property or debts required to be held pursuant to this section during the effective period of the notice to withhold, he or she shall be liable to the city to the extent of the value of the release up to the amount of the indebtedness owed by the taxpayer to the city.
3.32.230 Extensions of time.
The tax administrator, for good cause, may extend for not to exceed 30 days the time for making any return or paying any amount required to be paid pursuant to this chapter. The extension may be granted at any time provided a request therefor is filed with the tax administrator within or prior to the period for which the extension may be granted. Any person to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one percent per month, or fraction thereof, from the date on which the tax would have been due without the extension until the day of payment.
3.32.240 Divulging of information forbidden.
It is unlawful for any person having an administrative duty pursuant to this chapter to make known in any manner whatever the business affairs, operation or information obtained by an investigation of the records of any operator or any other person visited or examined in the discharge of his or her official duty, or the amount or source of income, profits, losses or expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return, or copy thereof, or any abstract, or particular thereof, to be seen or examined by any person. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the amount of any unpaid ta x or amounts of tax, penalties and interest required to be collected.
3.32.250 Violations—Penalties.
A. Except for the failure of an operator to pay to the tax administrator taxes due pursuant to this chapter, which failure to pay shall be punishable as a felony pursuant to Section 424 of the Penal Code of the state, every violation of this chapter shall be a misdemeanor and punishable by a fine not exceeding $500.00, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
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B. If the offense is not otherwise punishable as set forth in subsection A of this section, any person willfully failing to comply with, or knowingly violating, any of the provisions of this chapter shall be guilty of a misdemeanor, punishable as provided in subsection A of this section.
C. Any operator or other person who willfully fails or refuses to register as required by this chapter, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, shall be guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim who willfully makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made shall be guilty of a misdemeanor, punishable as provided in subsection A of this section.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 26, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RESOLUTION NO. 2024-44, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER, CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING CONSOLIDATION WITH THE
STATEWIDE GENERAL ELECTION AND ELECTION SERVICES FROM THE SAN BENITO COUNTY BOARD OF SUPERVISORS; AND PROVIDING REGULATIONS FOR CANDIDATES’ STATEMENTS
BRIEF DESCRIPTION: This resolution will call for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities.
RECOMMENDATION: Adopt a resolution calling for the holding of a general municipal election to be held on Tuesday, November 5, 2024, for the election of certain officers as required by the provisions of the laws of the State of California relating t o general law cities.
DEPARTMENT SUMMARY: The City of Hollister will hold a general municipal election on Tuesday, November 5, 2024, to elect a citywide Mayor for a full two-year term, a Council Member representing District 1 for a full four-year term, and a Council Member representing District 4 for a full four-year term. The filing period opens on July 15, 2024, and ends on August 9, 2024. If an incumbent does not qualify for the ballot, the filing period will be extended five calendar days for only that incumbent’s District.
FINANCIAL IMPACT: Estimated cost to hold a consolidated municipal election with San Benito County for elected officials - $90,000.00-$100,000.00, plus $16,000 to $26,000 per ballot measure.
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. 2024-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER,
CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;
REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION
AND ELECTION SERVICES FROM THE SAN BENITO COUNTY BOARD OF SUPERVISORS; AND PROVIDING REGULATIONS FOR CANDIDATES’
STATEMENTS
WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code of the State of California, the City’s General Municipal Election may be either completely or partially consolidated; and
WHEREAS, it is desirable to consolidate the General Municipal Election with the Statewide General Election to be held on the same date; to make the city precincts, polling places, and election officers of the two elections the same; to have the Registrar of Voters of the County of San Benito canvass the returns of the General Municipal Election; and hold the election in all respects as if there were only one election; and
WHEREAS, Section 13307 of the Elections Code of the State of California (“Elections Code”) provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a general municipal election shall be held on Tuesday, November 5, 2024, for the election of municipal officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Election called for November 5, 2024 for City Council Districts 1 and 4 and the Mayor. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hollister California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a citywide Mayor for the full term of two years; a Council Member for District 1 for the full term of four years; and a Council Member for District 4 for the full term of four years, to be held and conducted in the manner prescribed in §10418 of the Elections Code.
SECTION 2. Request for Consolidation. That pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the City Council hereby requests the Board of Supervisors of San Benito County to completely consolidate the election with the statewide election. The City Council further requests the Board of Supervisors of San Benito County to hold and conduct the C.8
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election in the manner prescribed in Section 10418 of the Elections Code of the State of California and to further provide that the Registrar of Voters canvass the returns of the election.
SECTION 3. Request for Election Services by the County Registrar of Voters. That pursuant to Section 10002 of the Elections Code, the City Council hereby requests the San Benito County Board of Supervisors to permit the Registrar of Voters to render services to the City of Hollister relating to the conduct of Hollister’s General Municipal Election to be held on Tuesday, November 5, 2024, and instruct the Registrar of Voters to take all steps necessary to hold the consolidated election. Services shall be of the type normally performed by the Registrar of Voters assisting municipalities in the conduct of their elections.
SECTION 4. City Clerk to Coordinate with Registrar of Voters. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Benito Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary to properly and lawfully conduct the election.
SECTION 5. That the polls, voting centers, and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by-mail or votes at polls and voting centers shall be in accordance with those times and procedures established by the County of San Benito, except as otherwise provided in the Elections Code of the State of California.
SECTION 6. Notice of Election. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form , and manner as required by law.
SECTION 7. Reimbursement to County for Cost of Election Services. The City of Hollister recognizes that additional costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for the cost of services pursuant to California Elections Code Sections 10002 and 10520.
SECTION 8. Resolution of Tie Votes. Any tie vote shall be resolved “by lot” as provided for in Elections Code Section 15651.
SECTION 9. Requirements for Candidate Statements. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 5, 2024, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement shall be limited to no more than 200 words. The statement shall be consistent with requirements of California law for such statements, including that it shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk at the time the candidate files their nomination papers. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet.
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SECTION 10. Translation of Candidates’ Statements. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of San Benito. The County is required to translate candidate’s statements into Spanish. The County will print and mail separate sample ballots and candidates statements in Spanish to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
SECTION 11. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 13. This resolution shall apply only to the election to be held on Tuesday, November 5, 2024.
SECTION 14. The City Clerk is hereby directed to file an original copy of this resolution with the San Benito County Board of Supervisors and a certified copy of this resolution with the County Registrar of Voters of the County of San Benito.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 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. 2024-44, 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 13, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: ORDINANCE NO. 1250 AN ORDINANCE OF THE CITY OF
HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE TO ADD SECTION 2.04.340 (“CANDIDATE STATEMENTS”) TO CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 ("ADMINISTRATION AND PERSONNEL")
BRIEF DESCRIPTION: The City Council will consider approval of amendments to Title 2 of the Hollister Municipal Code related to candidate statements.
RECOMMENDATION: Introduce an ordinance to amend Title 2 to add Section
2.04.340 (“Candidate Statements”) to Chapter 2.04 (“City Council”) Of Title 2 ("Administration And Personnel") to the Hollister Municipal Code.
DEPARTMENT SUMMARY: The California State Elections Code §13307 allows for each candidate for elective office to be voted for at a municipal election to prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate themselves. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The candidate statement is filed with the City Clerk with the other nomination papers and is included in the County Voter Information Guide published by the County Registrar of Voters (ROV).
On October 17, 2023, the City Council directed staff to return with an ordinance to amend the Hollister Municipal Code to state the City of Hollister will pay for the cost of publishing and translating City Council election candidate statements for qualified candidates.
In the 2022 Election, the cost of statements for the Mayoral and Treasurer seats, which are elected at large, was $1,378 each. The cost for District 2 was $509, and the cost for District 3 was $529. The fees for candidate statements are based on the word count of the statement and the number of voters in the jurisdiction.
The County of San Benito is required to publish in both English and Spanish. For a 200 - word statement (1/4 page for each language) printed in the county Voter Information Guide and posted online, the fee is $250, plus $.05 per voter in the district for printing and mailing the voter guide. Estimates for 2024 are currently at $1,320.05 for the mayoral seat, $508.70 for District 1, and $556.20 for District 4.
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FINANCIAL IMPACT: The County of San Benito ("County") elections official shall estimate the cost of providing the statements which include printing, handling, translating, and mailing prior to each municipal election. Funds for printing and translating the candidate’s statements will be included in the City Clerk’s annual budget and will be adjusted as needed based on the number of qualified candidates for an election.
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 1250
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE TO ADD SECTION 2.04.340 (“CANDIDATE STATEMENTS”) TO CHAPTER 2.04 (“CITY COUNCIL”) OF TITLE 2 ("ADMINISTRATION AND PERSONNEL")
WHEREAS, the Elections Code of the State of California allows qualified candidates for Municipal Elections to submit a candidate statement to be published in the Voter Information Guide.
NOW THEREFORE, BE IT RESOLVED, That the City Council of the City of Hollister does hereby ordain as follows:
SECTION 1. Section 2.04.340 ADDED. Section 2.04.340 (“Candidate Statements”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code is hereby added to read as follows:
2.04.340 Candidate Statements
A. Each candidate for Hollister City Council may prepare a statement of qualification on an appropriate form provided by the City Clerk. Such statement may include the name, age, and occupation of the candidate and a brief description of no more than two hundred words of the candidate’s education and qualifications expressed by the candidate. The statement may make no reference to another candidate. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the office of the City Clerk when the candidate’s nomination papers are returned for filing. It may be withdrawn but not changed during the period for filing nomination papers and until five p.m. of the next working day after the close of the nomination period. No candidate will be permitted to include additional materials in the sample ballot.
B. No fee or charge shall be collected by the City Clerk for the filing of any report or statement or for the forms upon which the reports or statements are to be prepared.
The costs of printing, handling, and translating any statement submitted by a qualified candidate pursuant to this section shall be paid by the City.
C. The City Clerk shall reject any statement which contains any obscene, libelous, or defamatory matter, which violates the constitutional or civil rights of any person, or which is prohibited by State or Federal law from being circulated through the mail.
D. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
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 D.1
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would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular City Council meeting on April 2, 2024.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 2024, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1250 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 22, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Attorney
Mary Lerner, City Attorney
TITLE OF ITEM: ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 02.04.050 OF CHAPTER 02.04 OF TITLE 2 OF
THE HOLLISTER MUNICIPAL CODE
DESCRIPTION: A change to the City Council meeting start time requires an ordinance amendment.
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.
At the March 18, 2024, City Council meeting, the City Council introduced this ordinance amendment but directed staff to amend the ordinance so that regular City Council meetings begin at 4:00 p.m. on the first and third Tuesdays of the month. The City Council also expressed that they would like a “hard stop” at 10:00 p.m.
If adopted, section 2.04.050 of the City Municipal Code will read as follows:
2.04.050 – Meetings – Time and place – Held in Conformity with state law.
The city council shall hold regular meetings on the first and third Tuesdays of each month at the hour of 4:00 p.m. in the council chambers in the city hall. Regular, adjourned, special, and closed meetings shall be held in conformity with the provisions of Government Code, § 54950 et seq., 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. 1251
AN ORDINANCE OF THE 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 4:00 p.m. in the council chambers in the city hall. Regular, adjourned, special, and closed meetings shall be held in conformity with the provisions of Government Code, § 54950, et seq., 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 _________, 20____.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of April, 2024, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
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Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1251 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 2nd day of April, 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 April, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 18, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: VACANT BUILDING ORDINANCE DISCUSSION
BRIEF DESCRIPTION: A policy and options discussion on the City Council’s request for the development of a Vacant Building Ordinance.
RECOMMENDATION: Receive a presentation and provide direction to staff.
DEPARTMENT SUMMARY: The City Council has requested that the City develop a Vacant Building Ordinance, which would regulate vacant commercial buildings within the city limits, and implement a fee/fine for commercial spaces that remain vacant for a certain period of time. The City has contracted with Regional Government Services (RGS) for assistance in the research and development of this ordinance. RGS will provide a presentation to the City Council outlining various jurisdictions which have ordinances regulating vacant buildings, and some example policies that have been successfully implemented for the City Council’s consideration. Staff requests that the City Council receive the presentation and provide any direction to staff regarding the development of an ordinance for the City of Hollister.
FISCAL IMPACT: If directed, staff will prepare a contract amendment with RGS to complete the development of this ordinance, in accordance with the adopted purchasing policy.
CEQA: The presentation of this item does not constitute a project under CEQA, no action will be taken by the City Council.
ATTACHMENTS:
1. Vacant Buildings Presentation
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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CITY COUNCIL MEETING
April 2, 2024
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BACKGROUND
Regional Government Services
(RGS) was authorized by the City of
Hollister to research how various
communities address blighted and/or
underutilized properties.
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BACKGROUND
Vacant and neglected properties can
contribute to community wide problems
such as:
•Increased crime
•Lower investment
•Reduced housing affordability
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BACKGROUND
Local governments have a variety of
tools available that can be used to
address vacant properties, including
•Abatement Proceedings
•Monitoring Vacant Property
•Vacant Property Taxation
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5 NUISANCE ABATEMENT
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NUISANCE ABATEMENT
Most cities require the maintenance of
properties, whether occupied or
vacant, to preserve the livability and
appearance of the city, and to promote
economic development.
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NUISANCE ABATEMENT
Chapter 8.32 (Nuisances) of the
Hollister Municipal Code provides
standards by which blighted and/or
underutilized properties are regulated.
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NUISANCE ABATEMENT
Section 8.32.060 (Prohibited Activities
and Unlawful Conditions) addresses a
variety of issues, including exteriors
in disrepair and/or abandoned.
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NUISANCE ABATEMENT
In addition to the authority to enact
abatement proceedings, Chapter 8.32
also provides procedures for notice to
property owners, hearings, compliance
orders, cost recovery and lien
procedures.
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10 VACANT PROPERTY
MONITORING PROGRAMS
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MONITORING
Vacant Property Monitoring Programs
are enacted to ensure all properties,
including vacant buildings comply with
minimum property maintenance
requirements.
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MONITORING
Such programs require the owner of a
vacant building to register their
property with the city once the building
becomes vacant or is deemed vacant
as defined by city regulations.
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MONITORING
Buildings may remain vacant for more
than 90 days if at least one of the
following applies:
•A valid building permit for repair or
rehabilitation is issued;
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MONITORING
•The building is ready for occupancy
and is actively being offered for
sale, lease, or rent; and/or
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MONITORING
•The owner is actively maintaining
and monitoring the building,
including exterior structural
materials and landscaping.
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MONITORING
A Registration Fee is typically
required by the city to defray the
costs associated with the program.
Fines may apply to property owners
that do not comply with the terms of
the program.
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17 TAXING VACANT PROPERTY
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VACANT PROPERTY TAX
Imposing a parcel tax on real property
is another way to address vacant
properties. Such a tax is collected as
part of a parcel’s property tax bill.
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VACANT PROPERTY TAX
Because the parcel tax is not based on
the value of property, it is considered a
‘special tax,’ allowable under Prop 13.
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VACANT PROPERTY TAX
Vacant property tax is typically a flat
tax that does not vary with the size,
improvements, or use of a parcel. The
rate may be set to compensate for the
loss of use of the site.
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VACANT PROPERTY TAX
A parcel tax must be approved by a
two-third majority of voters, dedicated
to a specific purpose, and established
by ordinance. The City Council would
need to adopt a resolution to place the
measure on a ballot.
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VACANT PROPERTY TAX
The measure must be decided at a
statewide primary, general, or special
election or a regularly scheduled
local election.
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VACANT PROPERTY TAX
The next General Election is
November 5. The City is now within
the timeframe to place measures on
the November 5 ballot.
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24 PROGRAM FUNDING
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PROGRAM FUNDING
The implementation of funding
mechanisms, whether a tax, a fee, or
a fine, have very specific regulatory
requirements and require several
months to enact.
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PROGRAM FUNDING
•Taxes must be voted on by the
electorate
•Fees require a “costs-reasonably-
borne” analysis, public notice,
hearing, and formal adoption
•Fines process similar to fees
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27 COUNCIL DISCUSSION
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COUNCIL DISCUSSION
The City Council may wish to consider:
•The scope of the issue and its effect
on the community
•Whether a majority of the Council
wishes to devote more resources to
further analysis
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COUNCIL DISCUSSION
•And if so, which method or methods
the Council wishes to pursue
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 25, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: INFORMATIONAL REPORT FOR THE PET-A-PALOOZA RESCUE
INVESTIGATION
BRIEF DESCRIPTION: Animal Control staff will provide an informational report in relation to the Pet-A-Palooza Rescue Investigation including any past complaints about this organization and the efforts in relation to the recent case.
RECOMMENDATION: Receive the report.
DEPARTMENT SUMMARY: This informational report will first provide insight into the current investigation and how it began. It will then address some claims that previous reports of neglect were not investigated. This report will show all complaints were fully investigated within the law and some people aware of alleged violations did not complain as previously reported.
Most recent Investigation timeline:
Prior to delving into the specifics of the investigation, it is essential to understand the terminology used and the reasoning behind its application. Please be aware that the delay in information dissemination is attributed solely to the fact that the report was considered "stale." If the report had been submitted promptly at the time of the violation, it would have been regarded as immediate, prompting immediate investigation by Animal Control Officers.
Despite the aged nature of the case, animal control staff promptly took necessary actions on the day of the initial report. However, given the stale nature of the report and lack of concerning observations during visits, there were limitations to what could be accomplished.
Utilizing outdated or unconfirmed reports could lead to legal and constitutional violations pursuant to the Fourth Amendment. Any actions taken based on such information, without conducting proper investigations, could result in serious legal repercussions for the staff and the City of Hollister. Moreover, relying on stale information may compromise the validity of the case, even if a violation is observed. It is crucial to ensure the credibility and timeliness of the data before taking any steps.
A search warrant requires probable cause. This is a requirement that comes directly from the Fourth Amendment to the United States Constitution, which states, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and E.3
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particularly describing the place to be searched, and the persons or things to be seized.” There are several formulations of exactly what probable cause is, but it is generally defined as a somewhat high probability, based on specific facts, that evidence of a crime will be found in the place searched.
To obtain a warrant, probable cause is required, but a judge must review the facts provided by an officer in an affidavit. If the judge finds that the facts support probable cause, the judge may sign the warrant, and the officer’s affidavit remains attached to the warrant. One of the factors that a judge will consider is not just how strong the facts are that a crime was committed, but how recently a crime was committed. And that must be coupled with evidence to show that there remains a high likelihood that evidence of the crime is still at the location to be searched. A judge must be convinced that the evidence is still there.
Stale Information, which is information that is remote in time, or simply old, is referred to as “stale.” Information that is stale may not be used to create probable cause and support a warrant. For the most part, the information provided to the judge must be within 10 days of the occurrence.
The criminal protections provided by the constitution are provided to make sure that homes are searched based on good facts, not just guesses. That is why stale information must be rejected. A judge may think that contraband, or evidence of a crime, was in a home at some point, but may just as likely have been taken away because of the time element. So, a judge will inform the officer that what was a good guess, a month, or a year before, is no longer a good guess.
In regard to this investigation, on November 11, 2023, a reporting party (RP) reported unsanitary conditions at the listed location on El Toro Drive, which is an animal rescue named SBC Pet -A- Palooza. According to the RP, they volunteered with the rescue from October 2022 to May 2023 and noted that at times animals were in “unsanitary conditions” with no further description. The RP further mentioned that the RP was released from their duties in May 2023 and did not make a report to Animal Control at that time.
The RP also mentioned that rescue founders usually return home around 7:00 PM and felt that Animal Control Officers should try to catch them at that time to prevent them from trying to clean up and hide the conditions. The RP agreed to keep open communication with animal control staff during the investigation and try to gather more details for officers.
Later that same day, Animal Control Officer Assistant A. Covarrubias and Animal Control Officer Ely Harvey responded to 731 El Toro Drive at approximately 7:00 PM and knocked on the door. At that time, they could not smell any concerning odors, nor did they see anything alarming. Officer Covarrubias and Officer Harvey then entered the alleyway located on Hillcrest Road, which is directly behind the El Toro address. Ofc.
Covarrubias, who is approximately six feet and four inches tall, was able to see the back of the property. He did not observe anything concerning, nor could we detect any unusual smells. After about an hour on the scene, with no activity observed, they proceeded to Rick Lopez’ known place of business located on San Felipe Road. The E.3
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business door was open with lights on, indicating they were still working. Officers cleared the scene at approximately 2030 hours and decided to attempt contact at the residence at another date.
On December 1, 2023, Animal Control Officer Assistant and Officer Harvey returned to the property around 5:30 pm and waited for someone to arrive. Once again, they received no response at the door and did not observe, hear, or smell anything concerning that required an immediate response. They also visited the business again and noticed the door was open and lights were on. They cleared the scene at approximately 7:30 pm.
Officer Harvey attempted to contact the RP to inquire if they had any additional information or had been on the property since their report but did not receive a call back.
On January 28, 2024, Officer Harvey left a voicemail for the RP requesting a call back regarding the case but again did not receive a response. On March 4, 2024, when Officer Harvey attempted to contact the RP again and again, he received no answer.
Officer Harvey assumed they were no longer cooperating with the investigation, and they had no further leads or information.
On March 7, 2024, Officer Harvey was finally able to have contact with one of the rescue founders and asked them to come to the shelter regarding the complaint. Upon their arrival, Officer Harvey explained the purpose of the request. The owner said that most of the complaints were not true but acknowledged room for improvement in their organization's cleaning practices. When asked about any injured animals, the owner confidently denied any issues.
However, their response to a request for a walkthrough of the rescue raised suspicions of potentially having distressed or injured animals on the property. When pressed, they made some incriminating statement which prompted the decision to seek a search warrant. It should be noted that despite the complaint being considered "stale," the goal remained to gather more evidence in the ongoing investigation.
Immediately after the statement was made, Officer Harvey began writing the search warrant and went to the residence to ensure no one would enter the property to try to tamper with evidence. While at the scene, one of the founders arrived and attempted to enter the home. Officer Harvey had asked if they wanted to do a consensual walkthrough at that time, but they declined. They left the scene without entering the property. Eventually, the search warrant was signed by a Superior Court Judge, and an operation plan was put into place. Upon entering the property, staff were met with a strong odor and observed several cats and dogs inside cages and around the property.
All of the animals were in deplorable conditions. Officer Harvey placed both of the individuals under arrest for felony animal cruelty. They were transported to the San Benito County Jail by Hollister Police Officers. The case is currently pending prosecution by the San Benito County District Attorney’s Office.
Report of previous complaints
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The Hollister Care and Services staff has become aware of several claims regarding the investigation and apprehension of two suspects involved in the felony animal cruelty case for SBC Pet-A-Palooza Rescue Inc. Claims were made stating that the issue of animal cruelty had been reported several times throughout the four years this cruelty has allegedly been taking place.
Claiming that reports have been made and ignored by staff is a serious allegation . Staff felt the need to fully investigate these claims and provide a factual response. Below is a timeline of calls for service previously placed with Hollister Police Animal Care and Services; regarding SBC Pet-A-Palooza Rescue Inc.
A search of Hollister Police Animal Care and Service’s records management system has indicated that there is a history of two calls for service at the address of the Pet-A- Palooza Rescue located on El Toro Drive. Hollister Police Animal Care and Services received an anonymous WeTip on July 26, 2020, stating the following: “Animal Cruelty ” at that location. The complaint alleged, “Woman who lives there, Susie Alarcon. Keeps her sweet dogs locked in a crate all day, they are living in their own feces. She is cruel.
Please help them.”
Former Animal Care and Services Supervisor Ells noted that Susie Alarcon at that time was affiliated with Pet Friends, a local animal rescue. On June 29, 2020, Supervisor Ells then drove by the home and drove the back-alley way of the property to gain visual of any kennel structures on the property.
On July 30, 2020, Alyssa Bautista, (Animal Control Officer at the time) arrived at the listed address on the 700 block El Toro Drive and attempted to contact anyone within the residence. She was unable to contact a potential dog owner. She taped a violation warning notice to the front door of the residence and requested they contact Hollister Police Animal Care and Services regarding their animals. Officer Bautista also noted she was unable to hear any dogs outside the residence throughout the duration of her response.
At approximately 0938 hours on July 31, 2020, Officer Bautista received a telephone call from Susie Alarcon. She advised Alarcon there was a report of dogs on the property in unsanitary conditions and small cages. She was told there would be a need to administer a welfare check on her animals to ensure the dogs were in good health.
Alarcon agreed to meet later in the day at approximately 1500 hours so that Officer Bautista could view her animals.
Later that day at approximately 1500 hours, Supervisor Ells and Officer Bautista arrived at the address and contacted Susie Alarcon at the side gate of her property. Alarcon allowed staff into her backyard area which was approximately one acre in size. Both dogs appeared friendly and were roaming around the yard freely at the time of the response. Two very large water bowls were observed in a shaded area of the backyard and appeared to have fresh water inside of them. An approximately ten feet by ten -foot dog kennel structure was also observed. The kennel structure was equipped with an igloo. The call was cleared as unfounded.
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The second call for service was received on May 6, 2021, at approximately 0915 hours.
A doctor from a local Veterinary Center called regarding animals in the care of SBC Pet - A-Palooza Rescue Inc. According to the Doctor, on a few occasions, another doctor within the practice had seen animals in the care of the rescue. The Doctor further stated that one of the rescue’s unidentified fosters had brought in a younger, Siberian Husky type dog. The Doctor told staff that the unidentified foster had brought up the dog’s dew claws on its hind legs. The Doctor then stated that the foster had informed her that one of the founders of SBC Pet-A-Palooza identified as Susie Alarcon informed their foster to place rubber bands around the dog’s dew claws, as they could not afford to have them properly removed by a veterinarian.
The Doctor went on to state that a foster for the rescue had messaged another Doctor within the practice on Facebook regarding a sick kitten currently in her care under SBC Pet-A-Palooza. The doctor stated the other Doctor had offered for the foster to surrender the kitten to her veterinary facility so it could be treated at no cost. The Doctor informed Officer Bautista that a few days had passed, and they had not heard from the foster and how they would like to proceed in regard to the kitten. According to the Doctor, the foster informed them that they had not brought the kitten in for treatment due to the cost. The foster further stated that Susie Alarcon had taken the kitten from them, and it had died the next day. The Doctor stated these few instances regarding SBC Pet-A-Palooza were cause for concern. They requested Hollister Police Animal Care and Services conduct a welfare check on animals currently in the care of Susie Alarcon at her residence on El Toro Drive.
A few days later, on May 16, 2021, at approximately 1030 hours, a woman contacted Hollister Police Animal Care and Services regarding a cat identified as “Maggie” that they had adopted from SBC Pet-A-Palooza Rescue Inc. The reporting party stated that they had viewed “Maggie” at PetSmart, a pet store located in Gilroy, CA and had noticed the cat appeared to have goopy eyes. According to the reporting party, she had brought the condition of the cat up to a woman identified as Susie Alarcon. They stated that Alarcon had informed them that another cat that they had previously pulled from the Hollister Animal Shelter had been diagnosed with conjunctivitis, however she was fine.
The reporting party stated that the conditions the cats were kept in at PetSmart appeared neglectful, and they had viewed “Maggie” without food or water in her enclosure. The reporting party then stated that due to “Maggie’s” condition they had viewed her in, they had taken her to Arch Vet, a veterinary office located in San Jose, CA. The woman advised “Maggie” had been seen by Doctor Solomon and found to be emaciated and severely neglected.
Animal Control Officers requested the reporting party complete an affidavit of complaint regarding the report they had placed involving a recently adopted animal from SBC Pet - A-Palooza Rescue Inc. On May 24, 2021, at approximately 1054 hours, the reporting party came into the Hollister Animal Shelter and completed an affidavit of complaint.
Later that day, Officer Bautista attempted to speak with the doctor at Arch Vet. He was not available.
Later that day, at approximately 1404 hours, Susie Alarcon and Rick Lopez came into the Hollister Animal Shelter regarding a cat identified as “Maggie” that had recently been adopted from their rescue. Alarcon and Lopez requested Hollister Police Animal E.3
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Care and Services respond to their residence on El Toro Drive and conduct a welfare check on all animals currently under the care of their rescue. Alarcon and Lopez stated they were aware of a complaint involving a recent animal adopted from their rescue.
They informed me that they wished to be proactive in response to the complaint. Officer Bautista informed both parties that staff would be in touch to schedule a welfare check for their residence.
Officer Bautista attempted to follow up with Doctor Solomon on May 25, 2021, but I was only able to speak with the office manager, Stephanie. Stephanie verified that “Maggie” had been seen at their facility on May 16, 2021. She stated “Maggie” was found to have a herpes flare up in her left eye. She further stated that while in the care of Arch Vet, the cat had defecated round worms and was found to have a large tick in her ear.
On May 27, 2021, Officer Bautista made another attempt to speak with Doctor Soloman.
He was not available. Later that day at approximately 1344 hours, animal control officers responded to the residence on El Toro Drive. They were not home, and a notice was posted to the front door of the residence requesting contact from the animal owners.
On May 28, 2021, at approximately 0942 hours, Susie Alarcon contacted the Hollister Animal Shelter by telephone. Alarcon was informed that animal control officers would need to conduct a welfare check of animals currently on her property. Alarcon agreed to meet with officers on June 1, 2021, at 1500 hours.
On June 1st, 2021, animal control officers responded to the residence of 731 El Toro Drive and contacted Susie Alarcon and Rick Lopez. Alarcon and Lopez allowed responding animal control officers to the rear of the property where their rescue dogs are typically housed. Officer Bautista viewed a large kennel structure that appeared clear of debris and equipped with a doghouse, shade, and water. Alarcon and Lopez then led officers inside the residence where their cats are typically housed. One room was separated by quarantine kittens which Alarcon informed officers tested positive for ringworm. In addition, there was one Lynx Point type cat housed in a separate kennel.
All cats within the room appeared healthy and had food and water available to them.
Alarcon and Lopez then led officers to a separate room where approximately ten additional cats were housed. Alarcon informed officers that one cat in the room had tested positive for feline immunodeficiency virus and was housed within a kennel for this reason. She informed officers that the remaining cats were under socialized, and they were actively working to help socialize them. Alarcon and Lopez informed officers that their rescue animal’s enclosures were cleaned daily and were provided with food and water. Susie Alarcon provided officers with SBC Pet-A-Palooza Rescue Inc.’s non-profit paperwork. She then informed officers that animal control was welcome at her residence anytime to ensure the welfare of their rescue animals.
On June 3, 2021, at approximately 1559 hours, the reporting party contacted Hollister Police Animal Care and Services regarding the complaint they had placed against SBC Pet-A-Palooza Rescue Inc. The reporting party was informed that animal control officers had attempted to contact Doctor Solomon at Arch Vet several times and had not received a response. The reporting party was further informed that animal control E.3
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officers had conducted a welfare check on all animals within the care of SBC Pet -A- Palooza Rescue Inc. and found every animal to be in good health. The reporting party stated they understood and would attempt to have Doctor Solomon contact our office in regard to their cat “Maggie”.
It should be noted that when the Doctor that contacted Hollister Police Animal Care and Services for concerning statements Alarcon had allegedly told her foster, they also stated most of their patients had been for spay and neuter, and they did not display any signs of neglect. However, they were willing to provide a screenshot in which Susie Alarcon, a founder of the rescue had allegedly said to tie rubber bands around a dog in their care's dew claws to make them fall off. The Doctor stated this is not a real treatment for dew claws and needs to be done correctly and by a licensed professional.
Hollister Police Animal Care and Services never received a screenshot of this conversation. In addition, there was no definitive proof provided that the act of removing the animal’s dew claws had been done.
Furthermore, the accusation in which the reporting party had stated the cat they had adopted from SBC Pet-A-Palooza Rescue Inc. was emaciated and severely neglected was also unfounded. The reporting party had provided medical records for their cat’s visit to Arch Vet. The records did not indicate severe neglect, or the animal being emaciated. Investigating Animal Control Officers were also unable to contact the treating veterinarian for their animal to obtain additional information.
Photographs depicting the conditions of animals in the care of SBC Pet -A-Palooza Rescue Inc. at the time of animal control officer’s response on June 1, 2021, are attached to this report.
These were the only two complaints received and investigated besides the recent one that led to the discovery. In addition, I, along with Animal Control Officer Harvey contacted multiple surrounding neighbors of the El Toro property on March 11, 2024.
One neighbor, a forty-year resident of the neighborhood stated she knew the property on El Toro Drive to foster animals. She stated they would have succulent sales in front of their home to fundraise for their non-profit. She informed officers she had never smelt any foul odors, and never suspected anything. She informed officers that she had never called police regarding the property.
Another resident of the neighborhood did not know the property on El Toro Drive was a rescue and did not smell any foul odors from the residence.
Another resident and his mother, who is a sixty-year resident of the neighborhood stated they had seen their neighbors had applied for their non -profit license in the local newspaper. They stated they would smell objectionable odors, but figured the smell was emanating from behind that house. The residents stated they had never contacted animal control or police regarding the residence.
Another person, a Hollister resident walking down El Toro Drive at the time of our response flagged us down. She stated that she had adopted two cats from SBC Pet -A- Palooza in 2019. She stated she had gone into the white shed near the front of the E.3
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property where the cats were housed. She stated the cats appeared healthy at the time and there was nothing concerning she felt the need to report to animal control.
A resident directly next to the property on El Toro Drive stated her family lived there for twenty years. They never saw or heard anything of concern. They had also never detected any objectionable odors. She states neither her nor her family had ever contacted animal control.
A resident directly next to the property on El Toro Drive states the founders of SBC Pet- A-Palooza Rescue Inc. were helpful to her at times. She states sometimes dogs in their care would bark, however she did not smell any objectionable odors and had never contacted the police or animal control regarding the property. She further stated that six months ago one of their rescue dogs had broken through the fence and into her yard.
She informed officers the animal did not appear to be sick or injured.
A resident behind the property on El Toro Drive states he was aware the property was an animal rescue. He stated that a black, Pit Bull Mix type dog had broken through the fence and ran onto the property. He stated that the collar appeared too tight for the animal. He further stated the animal did not appear to be healthy and appeared malnourished. When officers asked him to explain what he meant by malnourished, he stated when you pet the dog, you could feel its ribs. Craig stated this incident occurred around seven to eight months ago and he did not contact animal control as he did not want to get into the rescue founder’s business.
Another resident located behind the property on El Toro Drive states he has resided within his home since 1969. He states he knows and previously worked with Rick Lopez. Gary said he could not smell anything and did not see anything that may be cause for concern. He never contacted animal control or the police regarding the property.
Another resident of the neighborhood stated there were always lots of cats in the area.
He stated he did not know his neighbors were operating a rescue out of their home. He further stated he barbeques out in his backyard, once a week and never smelled any objectionable odors. He informed officers he did not contact animal control regarding the property.
There was an additional claim that came to staff’s attention after the search warrant was served regarding SBC Pet-A-Palooza Rescue Inc. and their partnership with PetSmart, a pet shop located in Gilroy, CA. Supervisor Bautista contacted the manager of PetSmart on March 11, 2024, at approximately 1449 hours. The manager identified only as Leah confirmed that she had asked SBC Pet-A-Palooza Rescue Inc. to remove all of the animals from their care in November of 2023. Leah advised that one of their adoptable cats displayed at their facility had sneezed blood. She stated that she had contacted Rick Lopez regarding the issue, and he appeared indifferent. She stated she took the cat to be seen by Pet Vet, a veterinary office located within PetSmart for treatment.
According to Leah, the cat was diagnosed with feline herpes. I asked Leah if she had contacted her local animal control agency, or Hollister Police Animal Care and Services E.3
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regarding the incident. Leah stated she did not.
The Hollister Police Animal Care and Services staff believe it is crucial that every report we receive is investigated. Appropriate action is always taken within the department’s legal capacity. The most recent report that prompted the seizure of animals was considered stale as the reporting party reported the incident seven months after observing the violations. Animal Control Officers went above and beyond utilizing their investigative skills to make the stale complaint one that could be utilized for further enforcement action. Supervisor Bautista encourages anyone that ever has doubts, questions, or concerns to reach out to her directly.
ATTACHMENTS:
1. PICS from 2021 Inspection of SBC Pet-A-Palooza- June 1 2021
2. SBC Pet-A-Palooza Rescue Inc. Memorandum_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability
MEMORANDUM
TO: Carlos Reynoso, Chief DATE: March 11, 2024
FROM: Alyssa Bautista, Animal Control Supervisor
SUBJECT: SBC Pet-A-Palooza Rescue Inc.
It has come to my attention that several claims have been made regarding the investigation and apprehension of two suspects involved in the felony animal cruelty case for SBC Pet-A-Palooza Rescue Inc. Claims were made stating that the issue of animal cruelty had been reported several times throughout the four years this cruelty has allegedly been taking place. When a claim of this magnitude surfaces, I feel it is my duty to investigate these claims and provide a factual response. Below is a timeline of calls for service previously placed with Hollister Police Animal Care and Services; regarding SBC Pet-A- Palooza Rescue Inc.
A search of Hollister Police Animal Care and Service’s records management system has indicated that there is a history of two calls for service at the address of 731 El Toro Drive. Hollister Police Animal Care and Services received an anonymous WeTip on July 26, 2020, stating the following: “Animal Cruelty at 731 El Toro Blvd. Woman who lives there, Susie Alarcon. Keeps her sweet dogs locked in a crate all day, they are living in their own feces. She is cruel. Please help them.” Former Animal Care and Services Supervisor Ells noted that Susie Alarcon was affiliated with Pet Friends, a local animal rescue.
On June 29, 2020, Supervisor Ells then drove by the home and drove the back-alley way of the property to gain visual of any kennel structures on the property.
On July 30, 2020, I arrived at the address of 731 El Toro Drive and attempted to contact anyone within the residence. I was unable to contact a potential dog owner. I taped a violation warning notice to the front door of the residence and requested they contact Hollister Police Animal Care and Services regarding their animals. I also noted I was unable to hear any dogs outside the residence throughout the duration of my response.
At approximately 0938 hours on July 31, 2020, I received a telephone call from Susie Alarcon. I informed Alarcon we had received reports of dogs on the property in unsanitary conditions and small cages. I then informed her I would need to administer a welfare check on her animals to ensure the dogs were in good health. Alarcon agreed to meet me later in the day at approximately 1500 hours so that I may view her animals.
Later that day at approximately 1500 hours, Supervisor Ells and I arrived at 731 El Toro Drive and contacted Susie Alarcon at the side gate of her property. Alarcon allowed us into her backyard area which was approximately one acre in size. Both dogs appeared friendly and were roaming around the yard freely at the time of our response. Two very large water bowls were observed in a shaded area of the backyard and appeared to have fresh water inside of them. An approximately ten feet by ten-foot dog kennel structure was also observed. The kennel structure was equipped with an igloo. The call was cleared as unfounded.
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability
The second call for service was received on May 6, 2021, at approximately 0915 hours. A doctor of San Benito Veterinary Center called regarding animals in the care of SBC Pet -A-Palooza Rescue Inc.
According to the Doctor, on a few occasions, another doctor within the practice had seen animals in the care of the rescue. The Doctor further stated that one of the rescue’s unidentified fosters had brought in a younger, Siberian Husky type dog. The Doctor told me that the unidentified foster had brought up the dog’s dew claws on its hind legs. The Doctor then stated that the foster had informed her that one of the founders of SBC Pet-A-Palooza identified as Susie Alarcon informed their foster to place rubber bands around the dog’s dew claws, as they could not afford to have them properly removed by a veterinarian.
The Doctor went on to state that a foster for the rescue had messaged another Doctor within the practice on Facebook regarding a sick kitten currently in her care under SBC Pet-A-Palooza. The doctor stated the other Doctor had offered for the foster to surrender the kitten to her veterinary facility so it could be treated at no cost. The Doctor informed me that a few days had passed, and they had not heard from the foster and how they would like to proceed in regard to the kitten. According to the Doctor, the foster informed them that they had not brought the kitten in for treatment due to the cost. The foster further stated that Susie Alarcon had taken the kitten from them, and it had died the next day. The Doctor stated these few instances regarding SBC Pet-A-Palooza were cause for concern. They requested Hollister Police Animal Care and Services conduct a welfare check on animals currently in the care of Susie Alarcon at her residence of 731 El Toro Drive.
A few days later, on May 16, 2021, at approximately 1030 hours, a woman contacted Hollister Police Animal Care and Services regarding a cat identified as “Maggie” that they had adopted from SBC Pet-A-Palooza Rescue Inc. The reporting party stated that they had viewed “Maggie” at PetSmart, a pet store located in Gilroy, CA and had noticed the cat appeared to have goopy eyes. According to the reporting party, she had brought the condition of the cat up to a woman identified as Susie Alarcon. They stated that Alarcon had informed them that another cat “Maggie” that they had previously pulled from the Hollister Animal Shelter had been diagnosed with conjunctivitis, however she was fine. The reporting party stated that the conditions the cats were kept in at PetSmart appeared neglectful, and they had viewed “Maggie” without food or water in her enclosure. The reporting party then stated that due to “Maggie’s” condition they had viewed her in, they had taken her to Arch Vet, a veterinary office located in San Jose, CA. The woman advised “Maggie” had been seen by Doctor and found to be emaciated and severely neglected.
Animal Control Officers requested the reporting party complete an affidavit of complaint regarding the report they had placed involving a recently adopted animal from SBC Pet-A-Palooza Rescue Inc. On May 24, 2021, at approximately 1054 hours, the reporting party came into the Hollister Animal Shelter and completed an affidavit of complaint. Later that day, I attempted to speak with the doctor at Arch Vet. He was not available.
Later that day, at approximately 1404 hours, Susie Alarcon and Rick Lopez of 731 El Toro Drive came into the Hollister Animal Shelter regarding a cat identified as “Maggie” that had recently been adopted from their rescue. Alarcon and Lopez requested Hollister Police Animal Care and Services respond to their residence of 731 El Toro Drive and conduct a welfare check on all animals currently under the care of their rescue. Alarcon and Lopez stated they were aware of a complaint involving a recent animal adopted from their rescue. They informed me that they wished to be proactive in response to the complaint. I informed both parties that our office would be in touch to schedule a welfare check for their residence.
I attempted to follow up with Doctor on May 25, 2021, but I was only able to speak with the office manager, . verified that “Maggie” had been seen at their facility on E.3.b
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability May 16, 2021. She stated “Maggie” was found to have a herpes flare up in her left eye. She further stated that while in the care of Arch Vet, the cat had defecated round worms and was found to have a large tick in her ear.
On May 27, 2021, I made another attempt to speak with Doctor . He was not available.
Later that day at approximately 1344 hours, animal control officers responded to the residence of 731 El Toro Drive. They were not home, and a notice was posted to the front door of the residence requesting contact from the animal owners.
On May 28, 2021, at approximately 0942 hours, Susie Alarcon contacted the Hollister Animal Shelter by telephone. Alarcon was informed that animal control officers would need to conduct a welfare check of animals currently on her property. Alarcon agreed to meet with officers on June 1, 2021, at 1500 hours.
On June 1st, 2021, animal control officers responded to the residence of 731 El Toro Drive and contacted Susie Alarcon and Rick Lopez. Alarcon and Lopez allowed responding animal control officers to the rear of the property where their rescue dogs are typically housed. I viewed a large kennel structure that appeared clear of debris and equipped with a doghouse, shade, and water. Alarcon and Lopez then led officers inside the residence where their cats are typically housed. One room was separated by quarantine kittens which Alarcon informed officers tested positive for ringworm. In addition, there was one Lynx Point type cat housed in a separate kennel. All cats within the room appeared healthy and had food and water available to them.
Alarcon and Lopez then led officers to a separate room where approximately ten additional cats were housed. Alarcon informed officers that one cat in the room had tested positive for feline immunodeficiency virus and was housed within a kennel for this reason. She informed officers that the remaining cats were under socialized, and they were actively working to help socialize them. Alarcon and Lopez informed officers that their rescue animal’s enclosures were cleaned daily and were provided with food and water. Susie Alarcon provided officers with SBC Pet-A-Palooza Rescue Inc.’s non-profit paperwork for our records. She then informed officers that animal control was welcome at her residence anytime to ensure the welfare of their rescue animals.
On June 3, 2021, at approximately 1559 hours, the reporting party contacted Hollister Police Animal Care and Services regarding the complaint they had placed against SBC Pet-A-Palooza Rescue Inc. The reporting party was informed that animal control officers had attempted to contact Doctor at Arch Vet several times and had not received a response. The reporting party was further informed that animal control officers had conducted a welfare check on all animals within the care of SBC Pet-A-Palooza Rescue Inc. and found every animal to be in good health. The reporting party stated they understood and would attempt to have Doctor contact our office in regard to their cat “Maggie”.
It should be noted that when the Doctor that contacted Hollister Police Animal Care and Services for concerning statements Alarcon had allegedly told her foster, they also stated most of their patients had been for spay and neuter, and they did not display any signs of neglect. However, they were willing to provide a screenshot in which Susie Alarcon, a founder of the rescue had allegedly said to tie rubber bands around a dog in their care's dew claws to make them fall off. The Doctor stated this is not a real treatment for dew claws and needs to be done correctly and by a licensed professional.
Hollister Police Animal Care and Services never received a screenshot of this conversation. In addition, there was no definitive proof provided that the act of removing the animal’s dew claws had been done.
Furthermore, the accusation in which the reporting party had stated the cat they had adopted from SBC E.3.b
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability Pet-A-Palooza Rescue Inc. was emaciated and severely neglected was also unfounded. The reporting party had provided medical records for their cat’s visit to Arch Vet. The records did not indicate severe neglect, or the animal being emaciated. Investigating Animal Control Officers were also unable to contact the treating veterinarian for their animal to obtain additional information. Photographs depicting the conditions of animals in the care of SBC Pet-A-Palooza Rescue Inc. at the time of animal control officer’s response on June 1, 2021, are attached.
These were the only two complaints received and investigated besides the recent one that led to the discovery. In addition, I, along with Animal Control Officer Harvey contacted multiple surrounding neighbors of the 731 El Toro property on March 11, 2024.
, a forty-year resident of the neighborhood stated she knew the property of 731 El Toro Drive to foster animals. She stated they would have succulent sales in front of their home to fundraise for their non-profit. She informed officers she had never smelt any foul odors, and never suspected anything.
She informed officers that she had never called police regarding the property.
, a resident of the neighborhood did not know the property of 731 El Toro Drive was a rescue and did not smell any foul odors from the residence.
and his mother, who is a sixty-year resident of the neighborhood stated they had seen their neighbors had applied for their non-profit license in the local newspaper. They stated they would smell objectionable odors, but figured the smell was emanating from behind that house. The residents stated they had never contacted animal control or police regarding the residence.
, a Hollister resident walking down El Toro Drive at the time of our response flagged us down. She stated that she had adopted two cats from SBC Pet-A-Palooza in 2019. She stated she had gone into the white shed near the front of the property where the cats were housed. She stated the cats appeared healthy at the time and there was nothing concerning she felt the need to report to animal control.
, a resident directly next to the property of 731 El Toro Drive, stated her family lived there for twenty years. They never saw or heard anything of concern. They had also never detected any objectionable odors. Catalina states neither her nor her family had ever contacted animal control.
, a resident directly next to the property of 731 El Toro Drive states the founders of SBC Pet - A-Palooza Rescue Inc. were helpful to her at times. She states sometimes dogs in their care would bark, however she did not smell any objectionable odors and had never contacted the police or animal control regarding the property. She further stated that six months ago one of their rescue dogs had broken through the fence and into her yard. She informed officers the animal did not appear to be sick or injured.
a resident directly behind the property of 731 El Toro Drive states he was aware the property in front of the home was an animal rescue. He stated that a black, Pit Bull Mix type dog had broken through the fence and ran onto the property. He stated that the collar appeared too tight for the animal. He further stated the animal did not appear to be healthy and appeared malnourished. When officers asked him to explain what he meant by malnourished, he stated when you pet the dog, you could feel its ribs. Craig stated this incident occurred around seven to eight months ago and he did not contact animal control as he did not want to get into the rescue founder’s business.
, a resident located behind the property of 731 El Toro Drive states he has resided within his home since 1969. He states he knows and previously worked with Rick Lopez. Gary said he could not E.3.b
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability smell anything and did not see anything that may be cause for concern. He never contacted animal control or the police regarding the property.
, a resident of the neighborhood stated there were always lots of cats in the area. He stated he did not know his neighbors were operating a rescue out of their home. He further stated he barbeques out in his backyard, once a week and never smelled any objectionable odors. He informed officers he did not contact animal control regarding the property.
There was an additional claim that came to my attention after the search warrant was served regarding SBC Pet-A-Palooza Rescue Inc. and their partnership with PetSmart, a pet shop located in Gilroy, CA. I contacted the manager of PetSmart on March 11, 2024, at approximately 1449 hours. The manager identified only as confirmed that she had asked SBC Pet-A-Palooza Rescue Inc. to remove all of the animals from their care in November of 2023. informed me that one of their adoptable cats displayed at their facility had sneezed blood. She stated that she had contacted Rick Lopez regarding the issue, and he appeared indifferent. She stated she took the cat to be seen by Pet Vet, a veterinary office located within PetSmart for treatment. According to the cat was diagnosed with feline herpes. I asked if she had contacted her local animal control agency, or Hollister Police Animal Care and Services regarding the incident. stated she did not.
As a supervisor of Hollister Police Animal Care and Services, it is crucial that every report we receive is investigated. Appropriate action is always taken within the department’s legal capacity. The most recent report that prompted the seizure of animals at 731 El Toro Drive was considered stale as the reporting party reported the incident seven months after observing the violations. Animal Control Officers went above and beyond utilizing their investigative skills to make the stale complaint one that could be utilized for further enforcement action. I encourage anyone that ever doubts questions or concerns to reach out to me directly.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 28, 2024
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: HOLLISTER MOTORCYCLE RALLY UPDATE AND DIRECTION
BRIEF DESCRIPTION: At the March 4, 2024 City Council meeting, Council directed staff to provide an update on the Hollister Motorcycle Rally.
RECOMMENDATION: Receive staff report and provide possible direction.
DEPARTMENT SUMMARY: At the March 4, 2024 City Council meeting, Council directed staff to provide an update on the Hollister Motorcycle Rally.
FINANCIAL IMPACT: Unknown at this time. Final financial impact will be dependent on Council’s direction.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 20, 2024
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
William Via, Community Services
Director
TITLE OF ITEM: INFORMATIONAL REPORT MCCRAY STREET CLOSURE
PRESENTATION
BRIEF DESCRIPTION: This is an informational report to the City Council related to the Hollister Farms Retail Project McCray Street Closure.
RECOMMENDATION: Receive the informational report and provide direction to staff.
DEPARTMENT SUMMARY: The development along McCray Street and E. Park Street (Hollister Farms) originally called for an extension of Gibbs Drive to connect with Prospect Avenue. However, complications arose in obtaining land formerly owned by Southern Pacific Railroad and currently owned by a holding company out of Delaware.
Staff was unable to obtain a response from the holding company in regard to the property. At the time, options to sue the owner or invoking eminent domain were considered too expensive so were not taken further than discussion.
The intersection of McCray and E. Park is a challenge because of the proximity to Prospect, just across what was at one time the railroad tracks. One possible answer to the problem was to build a five-legged roundabout to accommodate all access points to the intersection. However, this option also required a portion of the former railroad property mentioned above so was also not moved upon. At this point, it was deemed necessary to close McCray Street to address safety concerns.
There are two concerns with the closing of McCray Street. One is that traffic currently proceeds south on McCray Street to access the commercial establishments in the Hollister Farms area, and other parts of the City, but comes to the closed section of street. Traffic then turns left of Gibbs and uses the parking lot of one of the businesses to access Park Street. The other concern is that the closed portion of the street is not visually appealing or functionally useful.
Staff has again attempted to contact the property owner, through an Agent of the company, of the former railroad property to see if an agreement can be reached.
However, there is no guarantee of a response at this time.
The options of how to use this property, if not part of a traffic solution, are limited by the actual footprint. The portion of the street that is closed is about 400’ long and 38’ wide.
The options to solve the traffic situation are also limited by the complexity of the intersection and the availability of needed property to properly design a solution.
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ATTACHMENTS:
1. McCray Presentation
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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HOLLISTER CITY COUNCIL APRIL 2, 2024
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•Project Overview
•Challenges in the Hollister Farms Retail Project: McCray Street Closure
•Roadway dedication issues
•Alternative solutions and decision/approval
2 INTRODUCTION
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3 PROJECT OVERVIEW E.5.a
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•The approved Tentative Map envisioned closing McCray Street and extending Gibbs Drive across the rail parcel to improve safety •However, complications arose during the collaboration between the City and the Developer
•The roadway dedication between McCray and Prospect was originally owned by Union Pacific
•Despite attempts to collaborate with the new owner, no cooperation was received
4 CHALLENGES IN THE HOLLISTER FARMS RETAIL PROJECT: MCCRAY STREET CLOSURE E.5.a
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5 APPROVED TENTATIVE MAP LAYOUT
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6 ROADWAY DEDICATION ISSUES
•The City tried contacting the owner multiple times in 2020 and 2021 to acquire a roadway easement or purchase the right of way but received no response
•Options like suing the owner or taking the needed right of way were considered too expensive at the time
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7 ALTERNATIVE SOLUTIONS AND DECISION/APPROVAL
•A roundabout was explored to accommodate a 5-legged intersection, but it required right of way from the old rail corridor, making it infeasible •Due to safety concerns and the inability to secure necessary rights, the City approved the closure of McCray Street without the Gibbs Drive connection •Closing McCray Street was deemed necessary to address safety concerns, particularly regarding the proximity of the intersection to Prospect Ave.
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8 E.5.a
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CURRENT CONDITION
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OPTIONS
•Section is about 38’ wide (including sidewalk on east side), this limits possible uses. It is about 400’ long.
•Could provide parking area, but too narrow for turn around. Would need to provide through access with right turn only.
•Turn into a strip park with benches and shade structure. •Food truck court
•Possibly condemn railroad property to extend Gibbs across to Prospect (Does nothing to address vacant area).
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11 Q&A
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 2, 2024
SUBMITTED: March 27, 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. 20240402 - Agenda Item and Update Request log
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2022 Council Agenda Item Requests 3/28/2024
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 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
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 F.4.1.a
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2022 Council Agenda Item Requests 3/28/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
10 Casey 4/3/2023 Ordinance re: Vacant commercial buildings Development Services 4/2/2024 Scheduled for 4/2/24 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 Casey 1/16/2024 Vacant building ordinance Development Services 4/2/2024 Working with consultant to bring a presentation to Council
16 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 17 Burns 3/4/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 18 Perez 3/4/2024 Proclamation on Womens History Month and International Womens Day City Clerk 4/2/2024 Scheduled for 4/2/24 19 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 F.4.1.a
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2022 Council Agenda Item Requests 3/28/2024
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
20 Resendiz 3/18/2024 $1500 from CM Resendiz discretionary funds for Dia del Ninos Event City Manager 4/15/2024 Scheduled for 4/15/24 21 Council 3/18/2024 $1000 each from discretionary funds for Jovenes de Antano City Manager 4/15/2024 Scheduled for 4/15/24 22 Casey 3/18/2024 $5000 from discretionary funds for
community center renderings City Manager 4/15/2024 Scheduled for 4/15/24 23 Council 3/18/2024
Update council policy to include travel for
Council assignments to state and regional
bodies
Administrative Services TBD Staff working to develop agenda item 24 Casey 3/18/2024
Receive update from animal ad hoc
committee regarding recommend policy
changes
Police 5/6/2024 Staff working to develop agenda item
25 Burns 3/18/2024 Options for increasing meeting efficiency City Clerk TBD Staff working to develop agenda item 26 Burns 3/18/2024 Proclamation for Hollister High School boys soccer team City Clerk 4/2/2024 Scheduled for 4/2/24
27 Morales 3/18/2024 $3000 from discretionary funds for printing of City Resource Guide City Manager 4/15/2024 Scheduled for 4/15/24 28 Burns 3/18/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 29 Burns 3/18/2024 Report on recent animal hoarding incident in the County Police 4/2/2024 Scheduled for 4/2/24
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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 F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
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2022 Completed Agenda Items 3/28/2024
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
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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
F.4.1.a
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2022 Completed Agenda Items 3/28/2024
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 F.4.1.a
Packet Pg. 290
2022 Completed Agenda Items 3/28/2024
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
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2022 Completed Agenda Items 3/28/2024
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
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2022 Completed Agenda Items 3/28/2024
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 F.4.1.a
Packet Pg. 293
2022 Completed Agenda Items 3/28/2024
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
149 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 3/18/2024
150 Morales 1/16/2024 Review of City policies on Council training and travel
Administrative
Services 3/18/2024 Council direction given on 3/18/24.3/18/2024 151 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 Council direction given on 3/18/24.
Ordinance returning on 4/15/24 3/18/2024
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Packet Pg. 294
2022 Update Requests from Council
(non-agenda items)
3/28/2024
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,
2024.5/31/2024
3 Burns 9/6/2022 Shade structure at Klauer Park Parks & Recreation Structures are ordered and delivered. Plans under building dept review.5/30/2024
4 Casey 12/4/2023 Policies posted to City website City Manager Will be included on new website.TBD 5 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 6 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 7 Casey 3/18/2024 Council to sign updated City Council Code of Ethics City Clerk Staff providing updated Code of Conduct and acknowledgement form to Council 4/2/2024
8 Burns 3/18/2024 Report on the pros and cons of SAFER
grants Administrative Services Staff will provide a memo to Council 4/3/2024 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 F.4.1.a
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#
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
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
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#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 F.4.1.a
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.
Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
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#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
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#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
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#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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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.
City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
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#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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#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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#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 F.4.1.a
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#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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#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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#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 3/28/2024
#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 3/28/2024
#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
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2022 Completed Update Requests 3/28/2024
#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 F.4.1.a
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2022 Completed Update Requests 3/28/2024
#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 F.4.1.a
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2022 Completed Update Requests 3/28/2024
#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
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2022 Completed Update Requests 3/28/2024
#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
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2022 Completed Update Requests 3/28/2024
#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 194 Casey 2/20/2024 Amend SNIP Bus Contract to include rabies vaccinations Animal Control Scheduled for 3/18/24 meeting.3/18/2024 F.4.1.a
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2022 Completed Update Requests 3/28/2024
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 195 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 Memo sent to Council.3/22/2024
196 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
197 Morales 3/18/2024 Confirm City vendors do not have substantial violations on the project registration database Public Works Staff will review prior to issuing contracts 3/22/2024
198 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.
3/20/2024
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