Ms. Shoshana Lutz
October 19, 2023
implementation of Travel Demand Management (TDM) measures that promote multi-modal travel and reduce the use of single-occupant automobile travel for the purpose of meeting VMT reduction goals may be required.
Traffic Operations Analysis
The purpose of the traffic operations analysis is to evaluate the effects of the site development on key intersections in the vicinity of the project area. Preliminarily, we have identified the need to study up to eight intersections as part of the study. The final list of study intersections will be identified in consultation with City staff. The study will include an evaluation of intersection levels of service analysis and traffic signal warrant checks at the identified study intersections. Each of the identified study intersections will be evaluated for adverse effects during the AM and PM peak commute hours.
Our scope and budget includes the evaluation of one development scenario. Conducting analysis for and evaluating alternative project descriptions or phases will require additional time and budget.
Study Scenarios
The proposed study scenarios are summarized below.
Existing Conditions: Existing traffic volumes on the existing roadway network. Existing Plus Project Conditions: Existing traffic volumes + proposed project trips on the existing roadway network.
Background Conditions: Existing traffic volumes + trips from approved development projects. Background Plus Project Conditions: Existing traffic volumes + trips from approved development projects + proposed project trips.
Cumulative Conditions: Future traffic projections with and without proposed project trips on the planned roadway network.
Study Intersections
Traffic conditions at the following intersections will be evaluated:
1. SR 25 and San Felipe Road
2. SR 25 and Santa Ana Road
3. SR 25 and Merdian Street
4. SR 25 and Hillcrest Road
5. SR 25 and East Park Street
6. SR 25 and Sunnyslope Road
7. Meridian Street and Vintage Way (unsignalized)
8. Meridian Street and Recht Street (unsignalized)
Additional locations will require authorization and additional budget.
Study Tasks
The tasks to be included for the traffic operations analysis are as follows:
1. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Ms. Shoshana Lutz
October 19, 2023
configurations, traffic control devices, intersection traffic signal cycle lengths, and surrounding land uses.
2. Data Collection. Existing weekday AM and PM peak-hour traffic volumes at the existing study intersections will be obtained from new peak hour counts at each of the intersections.
3. Evaluation of Existing Conditions. The existing traffic conditions at the study intersections will be evaluated with SYNCHRO software using the 2010 Highway Capacity Manual (HCM) level of service methodology and current peak-hour volumes. Unsignalized intersections also will be analyzed using peak hour traffic signal warrants.
4. Site Traffic Projections. Based on the proposed development size and land use, site- generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE’s Trip Generation. The directional distribution of site- generated traffic will be developed based on existing traffic patterns in the area, the available roadway network, and the locations of complementary land uses. The site-generated traffic will be added to the roadway network based on this trip distribution pattern. The preliminary trip generation estimates, trip distribution pattern, and trip assignment will be submitted to the City for review and approval prior to inclusion in the traffic study.
5. Evaluation of Existing Plus Project Conditions. Project-generated traffic will be added to existing traffic volumes to yield existing plus project traffic volumes. Intersection level of service calculations will be conducted using SYNCHRO to estimate the operating levels of service at the study intersections during the AM and PM peak hours under existing plus project conditions.
6. Evaluation of Background Conditions. Lists of approved development projects (including size, use, and location) will be obtained from San Benito County and City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for approved projects in the vicinity of the study area. The approved trips will be added to the existing peak-hour volumes to obtain traffic volumes for background conditions. Roadway improvements associated with approved developments will be assumed as directed by City staff. Intersection levels of service under background conditions will be evaluated using SYNCHRO.
7. Evaluation of Background Plus Project Conditions. Project trips will be added to background traffic volumes to yield traffic volumes under background plus project conditions.
Intersection levels of service under background plus project conditions will be evaluated using SYNCHRO. Background plus project conditions will be compared to background conditions for the purpose of identifying potential project impacts.
8. Evaluation of Cumulative Conditions. Lists of pending developments will be obtained from San Benito County and the City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for the pending projects in the vicinity of the study area. Trips from the pending developments will be added to the background peak-hour volumes to estimate traffic volumes for cumulative no-project conditions. Roadway improvements associated with cumulative developments will be assumed as directed by City staff. Site-generated traffic estimated in Task 4 will be added to cumulative no-project traffic volumes to yield traffic conditions under cumulative plus project conditions. Intersection level of service calculations will be conducted to estimate the operating levels during the AM and PM peak hours under cumulative no-project and cumulative with project conditions. Cumulative project impacts will DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Ms. Shoshana Lutz
October 19, 2023
be evaluated relative to cumulative no-project conditions. Intersection levels of service under cumulative conditions will be evaluated using SYNCHRO .
9. Signal and Stop Sign Warrant Analysis. The need for signalization or implementation of roundabouts or stop signs at the unsignalized study intersection will be evaluated on the basis of the Peak-Hour Warrant (Warrant 3 – Part B) and guidance for the implementation of stop signs in the California Manual on Uniform Traffic Control Devices. The warrants will be evaluated using peak-hour volumes for all study scenarios.
10. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project’s effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report.
11. Site Access and Circulation Analysis. Site access will be evaluated based on locations of the proposed project site entrances. This will include a qualitative analysis of the access to the project parcel, evaluation of the number and location of the access points and required control devices at the access points. Vehicle queuing and vehicle storage capacity at proposed entrances to the project site also will be evaluated. A review of the project site circulation concept will be performed to determine if adequate on-site circulation is provided and to identify any access or circulation issues that should be resolved. Necessary improvements will be identified. We will work with City staff to identify the appropriate roadway design standards that should be used for evaluating the adequacy of the on-site roadway network. In addition, a planning level review of the existing and planned roadway system will be conducted to ensure that adequate connectivity from the project parcel to the roadway system is provided. Off-site roadway improvements necessary to provide adequate access to/from the project site will be identified.
12. Description of Impacts and Recommendations. Based on the results of the level of service calculations and signal warrant analyses, impacts of the site-generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic signals. Additionally, mitigation and/or traffic impact fees associated with any individual and/or cumulative project impacts will be described.
Reports
Hexagon’s findings and recommendations will be summarized in an administrative draft report.
Following review and comment (on the administrative draft) by project staff, a draft report will be submitted for review by City staff. Hexagon will prepare a final report that addresses all of the comments received from City staff. This final report will be included in the environmental document.
Following public review and comment, Hexagon will assist with responding to public comments, with a maximum of four hours of staff time allocated to respond to public comments.
Meetings
Our cost estimate includes Hexagon staff attendance at up to one meeting with City staff and/or or the project team in connection with the project. Attendance at additional meetings, public hearings, and neighborhood or community meetings would require authorization and additional budget and would be billed as Additional Services.
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Ms. Shoshana Lutz
October 19, 2023
ADDITIONAL SERVICES
Any work not specifically referenced in the above Scope of Services—for example analyzing a different project description, conducting more than the eight identified peak hour intersection counts, analyzing additional development scenarios, conducting other technical analyses not described above, attending public hearings, and providing feasibility drawings or cost estimates for mitigation measures—shall be considered additional services. Additional services will require additional budget and time.
TIME OF PERFORMANCE
Barring any unforeseen delays, an administrative draft report will be submitted six weeks after: (1) authorization to proceed and (2) Hexagon’s work scope is approved by the City. The draft and final reports will be delivered one week after receipt of all respective review comments. We are ready to start work on this project immediately upon authorization.
COST OF SERVICES
The cost for services rendered under this agreement will be a lump sum amount of $38,250 which includes completion of both the VMT Evaluation and Traffic Operations scope tasks, as outlined in our Scope of Services. A breakdown of task costs is provided in the table below.
Billings will be conducted monthly, on a percent complete basis. Additional Services shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days. This price quote assumes all project-related activities will be completed within one year.
An extended project schedule may require additional budget for project administration. We can provide you with a copy of our standard contract upon request.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Robert Del Rio, T.E.
Vice President and Principal Associate
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Task Cost Breakdown 10/19/23
Meridian Village Residential
Staff Hours
Principal Associate Admin Total Staff
Robert
Del Rio
Luis
Descanzo
Hours Staff Hours
Direct Total
$285 $195 $120 Hours Cost /a/ Cost
Task Description
VMT Evaluation
1 Evaluation of Vehicle Miles Traveled (VMT) 6.0 8.0 14.0 $3,270 2 Description of Impacts and Recommendations 2.0 4.0 6.0 $1,350 Traffic Operations Analysis
1 Site Reconnaissance 0.0 4.0 4.0 $780
2 Data Collection 0.0 2.0 2.0 $3,600 $3,990
3 Evaluation of Existing Conditions 0.0 8.0 8.0 $1,560 4 Site Traffic Projections 1.0 2.0 3.0 $675
5 Evaluation of Existing Plus Project Conditions 0.0 8.0 8.0 $1,560 6 Evaluation of Background Conditions 2.0 8.0 10.0 $2,130 7 Evaluation of Background Plus Project Conditions 0.0 8.0 8.0 $1,560 8 Evaluation of Cumulative Conditions 2.0 8.0 10.0 $2,130 9 Signal Warrant Analysis 0.0 4.0 4.0 $780
10 Bicycle, Pedestrian, and Transit Facilities 1.0 4.0 5.0 $1,065 11 Site Access and Circulation Analysis 4.0 4.0 8.0 $1,920 12 Description of Impacts and Recommendations 4.0 4.0 8.0 $1,920 Reports 16.0 40.0 2.0 58.0 $12,600
Meetings 2.0 2.0 4.0 $960
Project Totals 40 118 2 160 $ 3,600 $ 38,250
/a/ Direct costs are associated with data collection costs.
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EMC Planning Group Resumes B
ATTACHMENT
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Teri Wissler Adam
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the EMC Planning Group in 1991. Her area of expertise is in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.
Ms. Wissler Adam directs the CEQA and NEPA compliance projects for the firm. She has been responsible for a large variety of private projects, including residential, commercial, industrial, mixed-use, and large specific plan and general plan projects. She has also managed several projects for public facilities, such as recycled water projects, roadway projects, bikeway projects, bridge projects, elementary schools, high schools, and college campuses, and other public facilities, such as health clinics, landfills, child development centers, and federal research facilities. She has represented public clients throughout Monterey County, San Benito County, Santa Clara County, Merced County, San Luis Obispo County, San Mateo County, Santa Cruz County, and as far south as Los Angeles County.
EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991
PROFESSIONAL ACHIEVEMENTS
Presenter, CEQA Seminar, Lorman
Education Services
Presenter, CEQA Workshop, Association
of Environmental Professionals
Member, Association of Environmental
Professionals
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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STAFF RESUME | EMC Planning Group
Shoshana Lutz
A SSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mrs. Lutz joined the firm in 2017 with the primary responsibility of writing initial studies, environmental impact reports, and categorical exemptions in compliance with the California Environmental Quality Act (CEQA). Mrs. Lutz also prepares categorical exclusions under the National Environmental Policy Act (NEPA).
She has experience across a range of project types including residential and commercial development, school sites, recreation facilities, and coastal development/infrastructure. In addition to her environmental work, Mrs. Lutz provides private clients with permit processing and entitlement assistance as well as ongoing municipal planning assistance and representation at public meetings.
Prior to joining EMC Planning Group, Mrs. Lutz worked for the City of Carmel-by-the-Sea in the Community Planning and Building Department. Her responsibilities included assisting with preliminary plan check review for building and planning applications, conducting preliminary site assessments on residential properties, and conducting preliminary design reviews in residential and commercial areas.
EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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STAFF RESUME | EMC Planning Group
Ron Sissem, MRP
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. Sissem worked for EMC Planning Group for three years writing environmental impact reports in the 1980s before taking on international assignments with USAID and the World Bank. His international experience includes national resource and protected area management in Mongolia, environmental auditing/impact evaluation to address business development lending risks in Bosnia and Herzegovina, clean technology deployment in India to reduce greenhouse gas emissions, and environmental compliance for USAID-funded economic development projects.
In 2002, Mr. Sissem returned to EMC Planning Group and has been a principal since 2016. His primary responsibilities are to manage large land planning and environmental review projects. He assists public agencies with California Environmental Quality Act (CEQA) compliance for diverse, complex projects; manages preparation of specific plans and general plans; and manages planning and entitlement processes for private clients.
Mr. Sissem is the firm’s climate change/greenhouse gas emissions specialist. He manages climate change impact analyses for CEQA documents, consults local agencies on integrating climate planning strategies/policy/emission reduction measures into advanced planning documents (e.g. general plans and specific plans), and consults developers on climate change mitigation project design.
EDUCATION
M.R.P. University of North Carolina at Chapel
Hill, Urban and Regional Planning, 1995
B.S. University of California at Santa Barbara,
Geography, 1982
B.A. University of California at Santa Barbara,
Environmental Studies, 1982
PROFESSIONAL ACHIEVEMENTS
Awards, City of Salinas Economic
Development Element, 2014
Outstanding Planning Document-
Association of Environmental
Professional (2016)
Economic Planning and Development
Award of Excellence-American Planning
Association, California Chapter,
Northern Section (2015)
Economic Planning and Development
Award of Merit-American Planning
Association California Chapter (2015)
Presenter, Advanced CEQA Workshop,
Association of Environmental Professionals
(2009, 2010, 2013)
Authored “A Guide to Maximizing Profits and
Business Stability through Environmental
Management,” produced by the World Bank
Federation of Bosnia, Ministry of
Environment Achievement Award for
advancement of environmental management
in Bosnia
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STAFF RESUME | EMC Planning Group
Janet Walther, MS
PRINCIPAL BIOLOGIST
PROFESSIONAL EXPERIENCE
Ms. Walther joined the firm in 2003 and has been working in the field of biology since 2000. She is responsible for performing botanical and wildlife surveys; wetland and waters of the U.S. determinations; data analysis; and reports in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal Endangered Species Act, California Endangered Species Act, Sections 401 and 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations.
Ms. Walther works with clients to design projects to avoid or minimize impacts to threatened and endangered species. Where impacts are unavoidable, she helps create mitigation strategies and the application documents necessary to obtain the required permits, including habitat conservation and land management plans.
In addition to her experience in biological survey and reporting, Ms.
Walther is responsible for preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents and routinely works with ArcGIS, AutoCAD, and Adobe
Illustrator/Photoshop.
In previous positions, Ms. Walther inventoried both native and non- native species in compliance with regulatory requirements, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California. She also conducted biological survey work in southern California and the High Desert and wetland and endangered species survey work in Nevada, Arizona, Georgia, and Florida.
EDUCATION
M.S. California State University Monterey Bay,
Coastal Watershed Science and Policy,
2014
B.S. California Polytechnic State University at
San Luis Obispo, Ecology and Systematic
Biology, 2000 - Concentration:
Environmental Management
CERTIFICATES AND TRAINING
Biology and Management of California Tiger
Salamander Workshop, Elkhorn Slough
Coastal Training Program, 2007
Biology and Management of California Red-
legged Frog Workshop, Elkhorn Slough
Coastal Training Program, 2007
OSHA 40-hr HAZWOPER Certificate, 2001
and 8-hr Refresher Training, 2002-2007
California Pesticide Application Certification,
2003/2004
Army Corps of Engineers Wetland
Delineation Training, 2002
PROFESSIONAL ACHIEVEMENT
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
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STAFF RESUME | EMC Planning Group
Patrick Furtado, MS
SENIOR BIOLOGIST
EDUCATION
M.S. San Francisco State University; Conservation Biology, 2012 B.S. University of California, Berkeley; Forestry and Natural Resource Management, 2007
CERTIFICATES AND TRAINING
Society of Wetland Scientists – Certified as Professional Wetland Scientist, PWS #3041, 2018
Morphology and Identification of Flowering Plants Workshop, Jepson Herbarium, 2006
Rare Plants of Eastern San Luis Obispo County Workshop, California Native Plant Society, 2010
Basic Wetland Delineation, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2010
Classification of Vernal Pool Plant Communities Workshop, California Native Plant Society, 2010
Plant Taxonomy Training, California Native Plant Society, 2010 Phylogeny, Taxonomy, and Name Changes in the California Flora Workshop, Jepson Herbarium, 2011
Measuring and Monitoring Plant Populations and Vegetation, California Native Plant Society, 2012
Wetland Hydrology Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2012
Grassland Ecology, Identification, and Monitoring Workshop, California Native Grasslands Association, 2012
California Natural Diversity Database Training, California Department of Fish and Wildlife, 2013
Wetland Indicator Plants Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2013
Amphibians of the San Francisco Bay Area Workshop, Laguna de Santa Rosa Foundation, 2014
Tidal Wetland Restoration and the Horizontal Levee Workshop, San Francisco Bay, National Estuarine Research Reserve, 2014 California Tiger Salamander Ecology Workshop, Laguna de Santa Rosa Foundation, 2015
Rare Pond Species Survey Techniques Workshop, Laguna de Santa Rosa Foundation, 2015
Field Practices: Hands-On Restoration Implementation and Maintenance, California Native Grasslands Association, 2015
PROFESSIONAL AND ACADEMIC ASSOCIATIONS
The Wildlife Society – Western Section
California Native Plant Society
PROFESSIONAL EXPERIENCE
Mr. Furtado joined the firm in 2020 and has been working in the fields of biology and regulatory compliance since 2008. He has extensive experience conducting field surveys in central California, in particular with special-status species such as burrowing owl, northern spotted owl, western
snowy plover, bank swallow, Swainson's hawk, Ridgway’s
rail, coho salmon, mission blue butterfly, vernal pool
branchiopods, giant garter snake, San Francisco garter
snake, San Francisco dusky-footed woodrat, salt marsh
harvest mouse, San Joaquin kit fox, and Tidestrom’s lupine.
He has been approved by the U.S. Fish and Wildlife Service as a qualified biologist for several projects involving California red-legged frog and California tiger salamander.
He conducts nesting bird surveys, focused botanical
inventories, and large-scale vegetation mapping. He is a plant and wildlife biologist with experience across a wide diversity of California habitats.
He helped design, implement, and monitor a variety of
wetland and riparian restoration projects. He has also
conducted regulatory agency coordination for wetland
issues with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and California Coastal Commission.
Mr. Furtado specializes in biological fieldwork, resource management, regulatory permitting, planning, and
preparation of technical reports. His expertise extends across a wide range of California ecosystems including
fresh and salt water marsh, riparian woodland, vernal pool, grassland, chaparral, oak woodland, coastal scrub, and
coniferous forest. He integrates multiple disciplines
including wildlife surveys, remote sensing and GIS analysis, riparian and wetland hydrology, plant systematics and
taxonomy, vegetation mapping and classification, fluvial geomorphology, habitat assessment, soil classification, wetland delineation, historical ecology, and invasive species management.
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STAFF RESUME | EMC Planning Group
Zane Mortensen, MS
ASSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mr. Mortensen joined the firm in 2022 to provide support in the preparation of environmental planning and land use documents for a variety of development projects such as residential sites, schools, subdivisions, specific plans, hospitals, and recreational facilities. Primary responsibilities involve conducting air quality and greenhouse gas emissions modeling and analysis, as well as the preparation of environmental review documentation in compliance with
CEQA/NEPA regulatory standards.
In May 2019, he was awarded a Master’s of Science degree from the Environmental Science Graduate Program at California State University, Monterey Bay (CSUMB). During his academic career, he developed a range of skills to apply to environmental issues within the community while working on projects for both State and County entities. He also had the opportunity to participate in research focused on the development of water treatment technology aimed at remediating agricultural pollutants from local tributaries.
Upon receiving his Master’s of Science degree in Environmental Science from CSUMB, Mr. Mortensen was hired by the Rural Community Assistance Corporation to facilitate planning efforts that supported drinking water, wastewater, and stormwater infrastructure development for low-income rural communities. His role largely involved overseeing State funded consolidation efforts between small rural community water systems and larger local utility providers.
EDUCATION
M.S. California State University Monterey Bay,
Environmental Science, 2019
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2017
A.S. Cerritos College, Natural Sciences, 2015
A.A. Cerritos College, Automotive Mechanical
Repair, 2013
CERTIFICATIONS & TRAINING
UC San Diego CEQA Practice
Certification, current enrollment
The Safe Drinking Water Act, 2019
Advanced Water Treatment, 2019
Successful completion Grade I
Wastewater Plant Operator Examination,
2014
PUBLICATIONS
Current Conditions and Restoration
Scenarios for the Carmel River and
Riparian Corridor at the Rancho Cañada
Parcel of Palo Corona Park: Carmel Valley
CA, Central Coast Watershed Studies,
March 2019
Hydrology and Water Quality of the Big Sur
Land Trust Property in Carr Lake, Central
Coast Watershed Studies, April 2019
Isolation of Microbial Populations with the
Ability to Use Pesticides as a Sole Carbon
Source in Multichannel Woodchip
Bioreactors under a Controlled
Environment, American Chemical Society,
October 2018
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WJV Acoustics Resumes C
ATTACHMENT
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WALTER J. VAN GRONINGEN
President
WJV Acoustics, Inc.
Experience:
Mr. Van Groningen is the founding consultant of WJV Acoustics, Inc. His technical skills include the prediction and analysis of aircraft, traffic, railroad and construction noise and the evaluation of community noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related conflicts and long‐range noise compatibility planning. Mr. Van Groningen has particular expertise in preparing traffic noise assessments for federally funded roadway improvement projects using the Caltrans Protocol. Mr. Van Groningen has also prepared general plan noise elements and noise element updates for several California jurisdictions.
Mr. Van Groningen became involved in community noise control in 2005, when he joined the consulting staff at Brown‐Buntin Associates, Inc. Since that time, he has conducted short‐ and long‐term aircraft noise monitoring and acoustical testing for federally funded aircraft sound insulation programs and conducted and/or managed numerous environmental noise analyses, including the following:
Environmental noise assessments addressing aircraft, traffic, rail, commercial, industrial and construction sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process. Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran and Reno‐Tahoe International Airports.
Federally funded school and/or residential sound insulation programs for Los Angeles, Reno‐Tahoe, Phoenix Sky Harbor and Anchorage Ted Stevens International Airports. General Plan Noise Elements for numerous California jurisdictions. Acoustical analyses and noise monitoring for numerous mining operations and construction projects.
Professional Affiliations:
Member, Institute of Noise Control Engineering.
Member, Acoustical Society of America.
Software Skills and Certifications:
FHWA Traffic Noise Model Certified
FAA Integrated Noise Model (INM)
Aviation Environmental Design Tool (AEDT2B)
Larson Davis Laboratories, AutoCAD, Microsoft Word, Microsoft Excel, SoundPLAN SoundPLAN Software & Noise Modeling Seminar
Education:
B.A. Physical/Environmental Geography, Humboldt State University, 1999. Post Graduate studies in Hydrology, California State University Chico, 1999‐2002.
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Hexagon Transportation Consultants Resumes D
ATTACHMENT
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Robert Del Rio, Vice President & Principal Associate
Education
Bachelor of Science in Civil Engineering, San Jose State University, San Jose, California
Professional Associations
Member of the Institute of Transportation Engineers
Registered Professional Traffic Engineer in the State of California (TR 2641) Experience
Since 1996, Mr. Del Rio has participated and managed a variety of traffic engineering and transportation planning projects for both the public and private sectors. These projects included the preparation of scopes of work, site traffic analyses, general plan amendment studies, traffic simulation & operations studies, detour plans, parking studies, parking designs, and surveys. Mr. Del Rio has a significant amount of transportation planning and traffic engineering project experience in San Benito County.
Representative Projects
• Transportation Planning
Site Traffic Impact Analyses/EIRs/Traffic Feasibility Studies for various office, retail, residential, manufacturing, and mixed-use developments throughout Northern and Central California. These studies included the estimation of proposed project impacts on the surrounding transportation system under existing and future traffic conditions, recommending mitigation measures, site-plan and circulation review, and parking layout review. Representative projects include: Rajkovich, Ridgemark, Chapell Road Annexation, and North Street residential developments and various residential, office, manufacturing, and R&D developments throughout the Bay Area.
General Plan Amendments for the Cities of San Jose and Morgan Hill. Using traffic forecasting models, projections were made to determine the effects of land use amendments on the supporting transportation system. The evaluations included projections of trips, VMT, and mode-choice. Major General Plan analyses include the Morgan Hill 2035 General Plan, Four-Year Review of the San Jose General Plan, and annual General Plan Amendment analyses for the City of San Jose.
Area-Wide Traffic Impact Analyses for the City of San Jose North San Jose Development Policy and Downtown Strategy Plan. The studies included an analysis of the effects of large area-wide development on transportation facilities not only within the development area, but also facilities located throughout Santa Clara County.
Traffic Simulation/Operations Studies to evaluate operations of existing and future transportation systems for both existing and future growth conditions. These studies included the use of the NETSIM animation software to conduct qualitative as well as the quantitative analysis produced using CORSIM.
Representative projects include: Downtown San Jose Traffic Operations, US 101/Bailey Interchange Operations, North Coyote Valley Transportation System, and US 101/Hellyer Interchange Operations.
Traffic Analysis for PSR/NEPA Environmental Assessment for the US 101/Tennant Interchange PSR, US 101/Bailey Interchange Operations, Autumn Street Extension in San Jose, and Charcot Avenue extensions over I-880. The traffic analysis for these projects typically included an evaluation of traffic operations for several improvement alternatives.
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Luis Descanzo, Engineer
Education
Bachelor of Science – Civil Engineering, California Polytechnic State University, San Luis Obispo
Professional Associations
Member, Institute of Transportation Engineers
Experience
Since joining Hexagon in 2017, Mr. Descanzo has participated in a variety of traffic engineering and transportation planning projects throughout the Bay Area. These projects include Transportation Impact Analysis (TIA) for environmental impact reports, site traffic analyses, transportation demand management (TDM) plans, and parking studies.
Mr. Descanzo has experience with Synchro/Simtraffic, AutoCAD, and TRAFFIX. Mr. Descanzo primarily utilizes the Highway Capacity Manual (HCM) methodology, California Manual on Uniform Traffic Control (CA MUTCD), and California Highway Design Manual (HDM) to evaluate traffic operations, project impacts, and roadway improvements. Mr. Descanzo also is proficient with Excel and Word.
Representative Projects
Traffic Impact Analyses for offices, hotels, residential subdivisions, apartments, retail centers, restaurants, and multiple-use developments in San Jose, Santa Clara, Gilroy, and Morgan Hill, California.
These analyses include part or all of the following: project trip generation and assignment, intersection level of service calculations using Traffix, freeway segment level of service analysis, CAD drawings, site access and circulation review, signal warrant analysis, and intersection operational analysis, and recommendations for mitigation measures. Representative projects include:
Voices School TIA – Morgan Hill, CA
Solar4America Hockey Facility Expansion TA – San Jose, CA Kelton Commercial Development TIA – Gilroy, CA
Muslim Community Association School TIA – Santa Clara, CA Transportation Demand Management (TDM) Plans for residential, hotel, office, and multiple-use projects. TDM plans incorporate services, incentives, facilities, and actions that help reduce single- occupant vehicle (SOV) trips to help relieve traffic congestion, parking demand, and air pollution problems based the project’s size and location. Representative projects include:
615 Stockton Avenue Hotel Development – San Jose, CA
3625 Peterson Way Office Development – Santa Clara, CA Little Portugal Mixed-Use Development – San Jose, CA
Operations Analyses using Synchro and Simtraffic to solve a variety of traffic problems. These included the evaluation of bicycle and pedestrian improvements to intersections within Downtown Hollister in Hollister, California.
Site Access Studies for the Zip-Thru Car Wash in Morgan Hill, California and Camino Arroyo Commercial Development in Gilroy, California. The studies included identifying existing and future access problems and developing several feasible design alternatives.
Parking Studies for the Kelton Commercial Development in Gilroy, CA. These studies included surveys of existing parking demand and calculations of required parking supply for the proposed projects.
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Financial Statements E
ATTACHMENT
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Dec 31, 22
ASSETS
Current Assets
Checking/Savings
General Checking (SCCB)16,740.65
Money Market (SCCB)451,587.40
Savings (1st Capital Bank)4,370.13
Total Checking/Savings 472,698.18
Accounts Receivable
Accounts Receivable-Trade 1,084,586.17
Total Accounts Receivable 1,084,586.17
Other Current Assets
Cash On Hand 373.08
Total Other Current Assets 373.08
Total Current Assets 1,557,657.43
Fixed Assets
Fixed Assets 1,012,706.10
Accum Depreciation (128,846.37)
Total Fixed Assets 883,859.73
Other Assets
Investments - DWD LLC (6,208.00)
Investments - US Treasuries 100,000.00
Deposits 1,396.75
Total Other Assets 95,188.75
TOTAL ASSETS 2,536,705.91
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable (7,673.91)
Total Accounts Payable (7,673.91)
Credit Cards
Capital One Visa 7,716.73
Total Credit Cards 7,716.73
Other Current Liabilities
PTE Liability 713.00
Accrued Pension 39,375.66
Payroll Taxes Payable 688.56
Total Other Current Liabilities 40,777.22
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Dec 31, 22
Total Current Liabilities 40,820.04
Long Term Liabilities
Note Payable - Wissler (Stock)55,098.00
Total Long Term Liabilities 55,098.00
Total Liabilities 95,918.04
Equity
Capital Stock 158,943.86
Draws & Distributions (1,275,652.48)
Retained Earnings 3,248,282.32
Net Income 309,214.17
Total Equity 2,440,787.87
TOTAL LIABILITIES & EQUITY 2,536,705.91
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Jan - Dec 22
Ordinary Income/Expense
Income
Consulting Income 4,929,057.45
Total Income 4,929,057.45
Cost of Goods Sold
Payroll Taxes 156,218.78
Total COGS 156,218.78
Gross Profit 4,772,838.67
Expense
Advertising & Promotion 2,630.64
Automobile Expense 3,276.25
Bank Service Charges 535.00
Communications 14,964.71
Conferences & Seminars 5,597.73
Contributions 298.00
Depreciation 44,899.00
Documents & Fees For Clients 14,594.69
Insurance 190,411.97
Licenses & Permits 5,974.75
Memberships & Subscriptions 18,275.94
Miscellaneous 8,338.09
Outside Services 1,315,757.16
Pension Plan 39,375.66
Postage & Delivery 3,767.40
Printing & Copying 356.34
Professional Fees 15,607.90
Publications & Manuals 225.86
Rent 223,099.29
Repairs & Maintenance 58,581.33
Salaries & Wages 2,357,513.94
Small Tools & Supplies 11,395.95
Supplies Office & General 12,429.18
Taxes 1,048.17
Travel & Entertainment 18,802.80
Utilities 4,958.23
Total Expense 4,372,715.98
Net Ordinary Income 400,122.69
Other Income/Expense
Other Income
Disposition of Assets (77,270.00)
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
Jan - Dec 22
Interest Income 3,412.94
Other Income 9,018.54
Total Other Income (64,838.52)
Other Expense
PTE Tax Expense 24,038.00
FTB Corporation Tax Payments 2,032.00
Other Expense 0.00
Total Other Expense 26,070.00
Net Other Income (90,908.52)
Net Income 309,214.17
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
EXHIBIT B
Hourly Rates
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
EXHIBIT C
PROJECT STAFF
NAME TITLE HOURLY RATE
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49
June 7, 2024
Magda Gonzalez
Contract Senior Planner
City of Hollister
339 Fifth Street
Hollister, CA 95023
Re: Meridian Village Project (TM 2022-2 and S&R 2022-15) EIR Focusing on Significant and Unavoidable VMT Impacts Contract Amendment #1
Dear Magda,
Thank you for requesting a scope and budget for preparation of an EIR, focusing on significant and unavoidable vehicle miles traveled (VMT) impacts. The following scope and budget are proposed.
Scope of Work
Task 1 Project Management/Consultation
This task includes coordinating staff, general management and administration, coordinating with Hexagon Transportation Consultants, and providing CEQA consultation for City staff.
This proposal includes up to five hours of meetings, including virtual meetings.
Task 2 Notice of Preparation
EMC Planning Group will prepare the notice of preparation (NOP) that will be released prior to preparation of the EIR to solicit feedback from public agencies on the scope and content of the EIR in accordance with CEQA Guidelines Section 15082. A draft NOP will be sent electronically (PDF) to the City for review and comment. EMC Planning Group will incorporate any and all comments into the final NOP, which will be provided to the City for their submittal to the State Clearinghouse. The initial study will be included as an attachment to the NOP.
Magda Gonzalez
City of Hollister
June 7, 2024, Page 2
This proposal assumes that the City will post the NOP with the County Clerk and the State Clearinghouse, and send copies to those on the City’s distribution list.
Task 3 Administrative Draft EIR
The administrative draft EIR will include the following sections: Introduction, Summary, Environmental Setting, Consistency Analysis, Project Description, Vehicle Miles Traveled Analysis, Cumulative Impacts, Unavoidable Impacts, Growth Inducing Impacts, Alternatives (up to three, including the “No Project” alternative), Organization and Persons Contacted, and Sources, as well as appropriate appendices.
Task 4 Public Review Draft EIR
EMC Planning Group will prepare the public review draft EIR after reviewing and incorporating all City comments on the administrative draft EIR. EMC Planning Group will electronically provide one (1) PDF copy of the public review draft EIR and appendices for the City’s use in the distribution process. No hard copies will be provided. The City is also responsible for uploading the public review draft EIR to the City’s website.
Task 5 Administrative Final EIR and Draft Mitigation Monitoring and Reporting Program
Upon completion of the 45-day public review period, EMC Planning Group will evaluate the comments received on the public review draft EIR and prepare written responses in consultation with City staff. EMC Planning Group will prepare an administrative final EIR, including a draft response to comments document, and draft mitigation monitoring and reporting program (MMRP), which will include mitigation measures from both the initial study/mitigated negative declaration and the EIR.
The budget accommodates responding to up to five (5) comment letters. If the level of effort needed to respond to comments exceeds that, a contract amendment may be required.
Task 6 Final EIR and Final Mitigation Monitoring and Reporting Program
EMC Planning Group will prepare a final EIR and provide an electronic (PDF) copy to the City. EMC Planning Group will also prepare the final MMRP after incorporating all City input on the draft MMRP. The final MMRP (PDF) will be provided electronically to the County at the same time as the final EIR.
Magda Gonzalez
City of Hollister
June 7, 2024, Page 3
Task 7 CEQA Findings and Statement of Overriding
Considerations
EMC Planning Group will prepare draft and final (PDF) CEQA findings and statement of overriding considerations for review and approval by City staff.
Task 8 Public Hearings
EMC Planning Group will virtually attend two public hearings, one Planning Commission and one City Council, to answer questions on the environmental analysis and documentation.
The budget also includes Hexagon Transportation Consultants’ virtual attendance at two public hearings: one Planning Commission and one City Council.
Assumptions
The City will prepare, distribute, and file all noticing and public review documentation (e.g., local newspaper, County Clerk, State Clearinghouse, etc.). The only exception is the Notice of Preparation; EMC Planning Group will prepare the Notice of Preparation, but the City will distribute and file the notice. All deliverables will be electronic.
Schedule and Budget
The schedule and budget for this EIR can be found attached to this contract amendment.
Please let either of us know if you have any questions.
Sincerely,
Teri Wissler Adam Shoshana Lutz
Senior Principal Senior Planner
Attached: EIR Schedule
EIR Budget
Activity Name Start
Date
Finish
Date 9 162330 7 142128 4 111825 1 8 152229 6 132027 3 101724 1 8 15 Jun 24 Jul 24 Aug 24 Sept 24 Oct 24 Nov 24 Dec 24
9 162330 7 142128 4 111825 1 8 152229 6 132027 3 101724 1 8 15 Notice to Proceed 6/17/24 6/17/24
Complete Initial Study Process 6/17/24 6/26/24
Prepare Draft NOP 6/21/24 6/21/24
Lead Agency Review 6/24/24 6/26/24
Prepare Final NOP 6/26/24 6/26/24
30-day Review Period 6/28/24 7/29/24
Prepare Administrative Draft EIR 6/28/24 8/5/24
Lead Agency Review 8/5/24 8/19/24
Prepare Public Review Draft EIR 8/19/24 8/26/24
45-day Public Review Period 8/28/24 10/11/24
Prepare Administrative Final EIR 10/14/24 11/4/24
Lead Agency Review 11/4/24 11/11/24
Prepare Final EIR/MMRP 11/11/24 11/18/24
Prepare CEQA Findings and Statement of
Overriding Considerations
11/4/24 11/11/24
Lead Agency Review 11/11/24 11/18/24
Public Hearings 11/28/24 12/2/24
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
Meridian Village Project EIR Schedule
Task
Staff Senior
Principal
Senior
Planner Graphics Production
Manager
Admin./
Production
Billing Rate (Per Hour)$295.00 $205.00 $140.00 $125.00 $115.00 Task 1 Project Management and Consultation 2 14 0 0 3 19 $3,805.00 Task 2 Notice of Preparation 2 3 3 1 0 9 $1,750.00
Task 3 Administrative Draft EIR 12 63 4 3 0 82 $17,390.00 Task 4 Public Review Draft EIR 3 10 0 1 0 14 $3,060.00
Task 5 Administrative Final EIR and Draft MMRP 2 35 0 1 0 38 $7,890.00 Task 6 Final EIR and Final MMRP 1 5 0 1 0 7 $1,445.00
Task 7 CEQA Findings and Statement of Overriding Considerations 4 16 0 1 0 21 $4,585.00 Task 8 Public Hearings 2 8 0 0 0 10 $2,230.00
Subtotal (Hours)28 154 7 8 3 Total Hours Total Cost
Subtotal (Cost)$8,260.00 $31,570.00 $980.00 $1,000.00 $345.00 200 $42,155.00 Additional Costs
Production/Printing Costs
Travel Costs
Postal/Deliverables
Miscellaneous
Administrative Overhead 15%
Total
Hexagon Transportation Consultants (virtual public hearing attendance on Subconsultant Overhead 15%
Total
Total Costs
NOTE: This proposed budget is valid for 90 days
Meridian Village Project EIR Budget
EMC Planning Group Inc.
Subconsultant Fees
Total
Hours Total Cost
$2,000.00
$44,512.50
$300.00
$2,300.00
$50.00
$57.50
$7.50
$0.00
$0.00
$0.00
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Fire-2024-09
AGENDA ITEM: ADOPT A RESOLUTION APPROVING THE ITEMIZED REPORT OF
THE COSTS OF ABATEMENT OF WEEDS AND DEBRIS ON DESIGNATED
PROPERTIES IN THE CITY OF HOLLISTER AND APPROVAL TO FILE REPORT
WITH THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF SAN BENITO
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt a resolution approving the itemized report of the costs of abatement of weeds and debris on designated properties in the City of Hollister and Approval to file report with the Office of the County Auditor, County of San Benito
DISCUSSION: Annually, the city has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. In addition, it identified the properties that needed weed abatement, at a public hearing on May 6, 2024 and adopted Resolution No. 2024-69 ordering the abatement of weeds on identified properties and an itemized accounting of the costs which shall constitute a lien against the property owner. This proposed resolution identifies the cost associated with the program that will be assessed as liens against the subject property and a personal obligation of the property owner on which abatement was performed. Upon approval, this resolution and accompanying documentation will be submitted to the County Auditor, County of San Benito by August 10, 2024, pursuant to the provisions of Government Code Section 39579.
FISCAL IMPACT: The cost of the city of Hollister is $2,869.00 for the abatement of the identified parcels. The total amount of $3,869.00 to be reimbursed to the City of Hollister from the Office of the County Auditor, County of San Benito will be received by April 2025. The additional $1,000.00 generated is the administration fee. In addition, County of San Benito is charging the City of Hollister $0.30 per parcel to be collected in two equal installments as an offset to our agency’s in December and April secured property tax disbursements. This cost will be $1.20.
PREVIOUS COUNCIL OR COMMISSION ACTION:
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. 2024 GIS Reports
3. 2024 SBCo Documents
4. 2024 Lien List
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE ITEMIZED REPORT OF THE COSTS OF
ABATEMENT OF WEEDS AND DEBRIS ON DESIGNATED
PROPERTIES IN THE CITY OF HOLLISTER AND APPROVAL TO FILE
REPORT WITH THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF
SAN BENITO
WHEREAS, on May 6, 2024 the City Council held a public hearing providing an opportunity to the effected property owners to object to the proposed assessment.
WHEREAS, on May 6, 2024 the City Council adopted Resolution 2024-69, ordering the Fire Chief, or his authorized agent, to proceed to abate weeds a nd other flammable materials existing or maintained on identified properties; and
WHEREAS, the Fire Chief is submitting to the City Council the itemized report of the cost of abatement of weeds and debris in front of or on each separated parcel of land w here work was completed in the City of Hollister;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
1. The cost report is hereby accepted, confirmed, and adopted as submitted.
2. From and after the date hereof, the cost of abatement in front of or upon each parcel of land as described in said report constitutes a special assessment against that parcel and a lien thereof.
3. This resolution and accompanying documentation will be submitted to the County Auditor, County of San Benito pursuant to the provisions of Government Code Section 39579.
4. The amount of the assessment shall be entered on the County Tax roll opposite the parcel of land and thereafter shall be collected at the time and in the manner of ordinary municipal taxes.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
Resolution No. 20__-XX
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on August 6, 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 on August 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
HOLLISTER FIRE DEPARTMENT
2024 WEED ABATEMENT LIEN LIST
# Parcel No. Owner/Caretaker Mailing Address City ST Zip Disc Cost
Admin
Fee
Total
Amt.
1 051-162-003-000 SUBURBAN PROPANE
LP A DELAWARE LTD
PART
240 ROUTE 10
WEST
WHIPPANY NJ 07981 420 250 670
2 052-070-007-000 CONTRERAS-
SANTIAGO JOSUE
AARON
PO BOX 1057 TRES PINOS CA 95075 250 250 500
3 052-090-008-000 SANCHEZ FRANK
LIVING TRUST
10377 BRET AVE. CUPERTINO CA 94014 512 250 762
4 052-180-005-000 HESTER CHAD REV
TRUST
16111 ESOBAR
AVE.
LOS GATOS CA 95032 1,687 250 1,937
Total $2,869 $1,000 $3,869
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # IT-2024-02
AGENDA ITEM: DARKTRACE CYBER-SECURITY SERVICE RENEWAL
DEPARTMENT: Information Services
DEPARTMENT HEAD: Paul DaSilva, Information Services & Technology Director STAFF CONTACT: Paul DaSilva, Information Services & Technology Director
RECOMMENDED ACTION: Adopt a resolution approving the proposal provided by SurveillanceGrid Integration, Inc., as sole-source provider for Darktrace Products, in the amount of $295,350.80 for the renewal of the DarkTrace DETECT Enterprise Immune System with RESPOND Automated Response, DarkTrace EMAIL, and DarkTrace APPS for Microsoft 365 service through December 2027.
DISCUSSION: Resolution 2020-190 approved by City Council in September of 2020, set in motion the installation of the DarkTrace DETECT Enterprise Immunity Security Appliance that monitors the City network and through AI (Artificial Intelligence) learns the normal data traffic flows and connectivity and actively alerts of abnormalities and the DarkTrace RESPOND module automatically blocks devices/traffic if it deems it suspicious or malicious.
Staff is alerted constantly to potential issues and possible breaches and has been able to set additional protection via the City Firewall and other network appliances and applications in response to the alerts or automatic blocking of devices/traffic. This system has been instrumental in the 24/7/365 security posture of the City network, and with the recent migration to Microsoft 365 Office Products and Email services, additional layers are needed in managing the external connections of staff to the Microsoft 365 Cloud environment and email filtering/monitoring.
DarkTrace also offers these additional services as extended layers of protection over the network monitoring service. Staff has been involved in testing these services and monitoring of the Microsoft 365 sign-ons and Email messages that get through the Microsoft environment and many additional potential malicious spam/phishing email messages have been caught and flagged by the DarkTrace products. Staff recommends these additional layers being added to the renewal of the DarkTrace DETECT/RESPOND service coming due this fiscal year.
Information Systems Department has budgeted $85,400.00 in this current fiscal year 2024/2025 for the DarkTrace renewal across funds 101 (43%) / 601 (13%) / 620 (22%) / 660 (22%). SurveillanceGrid, a sole-source provider of Darktrace Products, sent a proposal of a 40.6 month co-terminus renewal agreement at $85,400.00 for FY 2024/2025 and FY 2025/2026, and $124,550.80 for the FY 2026/2027 for the remainder of the term for a total of $295,350.80, which would also include the additional layers of protection for both the Microsoft 365 environment as well as Email Protection. Term is through December 2027.
Therefore, staff recommends renewing the Darktrace DETECT Enterprise Immune System with RESPOND Automated Response, DarkTrace EMAIL, and DarkTrace APPS for Microsoft 365 as a continued cyber-security solution for the City of Hollister through December 2027.
FISCAL IMPACT: $85,400.00 currently budgeted in Fiscal Year 2024/2025. Cost split across funds 101 - $36,722.00 (43%), 601 - $11,102.00 (13%), 620 - $18,788.00 (22%), and 660 - $18,788.00 (22%). Budget amounts for Fiscal Year 2025/2026 will be the same as above for a total of $85,400.00 and 2026/2027 will be $124,550.80, split over the same funds and percentages above.
PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution 2020-190 for initial purchase and service through December 2024, approved by City Council, September 2020.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. DarkTrace Renewal Quote
3. Darktrace Master Services Agreement
4. SurveillanceGrid Sales Agreement
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE PROPOSAL PROVIDED BY SURVEILLANCEGRID
INTEGRATION, INC., AS SOLE-SOURCE PROVIDER FOR
DARKTRACE PRODUCTS, IN THE AMOUNT OF $295,350.80 FOR THE
RENEWAL OF THE DARKTRACE DETECT ENTERPRISE IMMUNE
SYSTEM WITH RESPOND AUTOMATED RESPONSE, DARKTRACE
EMAIL, AND DARKTRACE APPS FOR MICROSOFT 365 SERVICE
THROUGH DECEMBER 2027.
WHEREAS, in August 2020, City Council approved an agreement with SurveillanceGrid Integrations, Inc. implementing Darktrace DETECT and RESPOND Automated Response as part of the Cyber-Security posture of the City; and
WHEREAS, SurveillanceGrid Integrations, Inc is the direct partner of Darktrace and provides additional support with integration of Darktrace product services; and
WHEREAS, the Darktrace DETECT and RESPOND has been an integral part in the security and monitoring of the City Network and provides an automated system to block possible malicious activity noticed on the network; and
WHEREAS, additional layers of security and monitoring with Email and Microsoft 365 Applications are to be implemented as part of this renewal to enhance protection of the City network; and
WHEREAS, the renewal of Darktrace Security is for 40.6 months through December 31, 2027, with total cost of $295,350.80 split over FY24/25 of $85,400.00, FY 25/26 of $85,400.00, and FY 26/27 of $124,500.80, with the initial $85,400.00 budgeted in the current fiscal year, FY24/25.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopts a resolution approving the proposal provided by SurveillanceGrid Integration, Inc., as sole-source provider for Darktrace Products, in the amount of $295,350.80 for the renewal of the DarkTrace DETECT Enterprise Immune System with RESPOND Automated Response, DarkTrace EMAIL, and DarkTrace APPS for Microsoft 365 service through December 2027.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Resolution No. 2024-XX
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 meet ing held on August 6, 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 on August 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
QUOTATION
Date
7/19/2024
Estimate #
2027
Name / Address
Hollister Downtown
City of Hollister
395 5th street CA.
Hollister, CA 95023
Terms
Due on receipt
Project
Co-terminous Subscription
Total
Subtotal
Sales Tax (9.25%)
16490 Vineyard Blvd. Suite B
Morgan Hill, CA. 95038
408-504-3222
CA Licensed C-10 984043
DVBE 1754989
CA DIR 1000008729
ACCEPTANCE SIGNATURE DATE Item Description Qty Rate Total
40.6 Month Subscription Co-termin0us through December 2027 INCLUDES EMAIL /OFFICE365, Apps/ Microsoft365 , NETWORK, ENDPOINT
Aug.10, 2024 $ 85,400.00
Aug.10, 2025 $ 85,400.00
Aug.10, 2026 $124,550.80
TOTAL $295,350.80 Jan.10, 2028 Renewal
CYBER Darktrace / EMAIL /Office365 300 Mail Boxes
Darktrace DETECT / Apps/ Microsoft365 300 Accounts
Darktrace DETECT / Endpoint 30 Laptops
Darktrace DETECT /Network 700 Devices
Darktrace RESPOND / Apps/Microsoft365 300 Accounts
Darktrace RESPOND /Network 700 Devices
Darktrace RESPOND /Endpoint 30 Laptops
Cyber AI Analyst (for Apps, Endpoint and Network
TRAINING
eLearning
Public Online
(2) Private remote sessions
ADDITIONAL SERVICES
Ask the Expert
Proactive Threat Notification
1 85,400.00 85,400.00
QUOTATION
Date
7/19/2024
Estimate #
2027
Name / Address
Hollister Downtown
City of Hollister
395 5th street CA.
Hollister, CA 95023
Terms
Due on receipt
Project
Co-terminous Subscription
Total
Subtotal
Sales Tax (9.25%)
16490 Vineyard Blvd. Suite B
Morgan Hill, CA. 95038
408-504-3222
CA Licensed C-10 984043
DVBE 1754989
CA DIR 1000008729
ACCEPTANCE SIGNATURE DATE Item Description Qty Rate Total
Darktrace PREVENT™
Darktrace PREVENT reduces cyber risk by prioritizing vulnerabilities and hardening defenses inside and out. It allows the security Team to get ahead of the attack and pre-empt attacks. By knowing your organization, it surfaces vulnerable assets and attack pathway and tells you where you can most effectively spend your time proactively hardening your defenses.
* Darktrace PREVENT consists of two core products - Darktrace PREVENT/Attack Surface Management (or PREVENT/ASM) and Darktrace PREVENT/End-to-End (or PREVENT/E2E).
Darktrace DETECT™
Powered by a bespoke, continuously evolving understanding of self, Darktrace DETECT delivers instant visibility of threats - even those using novel malware strains or new techniques.
Darktrace RESPOND™
By making a series of micro-decisions at machine speed, Darktrace RESPOND disarms an attack in seconds. It uses Darktrace's evolving and bespoke understanding of your organization to pinpoint signs of a potential attack and interrupt the malicious activity, all while letting your normal business operations continue.
Darktrace HEAL™
Darktrace HEAL is an AI engine that learns on your data to provide an ongoing assessment of human and system readiness tomitigate an active security incident and determine the most effective path to eradicate the threat, recover to an operational state,and adapt its security posture to harden against repeat or similar offenses.
Cyber AI Analyst
Using Explainable AI, Cyber AI Analyst continuously investigates to generate meaningful
QUOTATION
Date
7/19/2024
Estimate #
2027
Name / Address
Hollister Downtown
City of Hollister
395 5th street CA.
Hollister, CA 95023
Terms
Due on receipt
Project
Co-terminous Subscription
Total
Subtotal
Sales Tax (9.25%)
16490 Vineyard Blvd. Suite B
Morgan Hill, CA. 95038
408-504-3222
CA Licensed C-10 984043
DVBE 1754989
CA DIR 1000008729
ACCEPTANCE SIGNATURE DATE Item Description Qty Rate Total
outputs that a human team can easily understand.
With PREVENT, Explainable AI plays a key role in allowing a human operator to immediately understand why Darktrace has suggested certain mitigation actions, or why a certain attack path has been identified as critical.
At the DETECT stage AI Analyst automatically investigates every security event, autonomously triaging and reporting on the full scope of the security incident,dramatically reducing the time to meaning for security teams.
With RESPOND, AI Analyst helps human security teams immediately understand what action, if any, the AI took and why, helping teams build trust in the AI's decision-making over time.
$85,400.00
$85,400.00
$0.00
MSA 1.3.1 | 2023-10-06
DARKTRACE MASTER SERVICES AGREEMENT
IMPORTANT - READ CAREFULLY:
This Darktrace Master Services Agreement (“Agreement”) is between Darktrace Holdings Limited (“Darktrace”), and the Customer named on the Product Order Form. By selecting the ‘accept’ option, installing or otherwise accessing or using the Offering (as defined herein), Customer acknowledges that Customer has read, understands, and agrees to be bound by the terms and conditions of this Agreement. Where a reseller, service provider, consultant, contractor, or other permitted third-party downloads, installs or otherwise uses the Appliance on Customer’s behalf, such party will be deemed to be Customer’s agent and Customer will be deemed to have accepted all of the terms and conditions of this Agreement as if Customer had directly downloaded, installed or used the Appliance.
If Customer does not agree with the terms and conditions of this Agreement, Customer is not authorized to install the Appliance or otherwise use the Offering for any purpose whatsoever.
Darktrace and Customer may be collectively referred to as the “Parties” or individually as a “Party”.
BACKGROUND
A. Darktrace is the supplier of the Offering (as defined below).
B. Customer wishes to receive and use the Offering and Darktrace agrees to provide the same, on the terms and conditions of this Agreement.
DOCUMENTATION
This Agreement is made up of the following documents:
(a) the Product Order Form;
(b) this Agreement;
(c) Appendix 1: Definitions;
(d) Appendix 2: Support Services;
(e) Appendix 3: Data Processing Addendum;
(f) Appendix 4: Product Specific Terms;
(g) Appendix 5: Business Associate Agreement; and
(h) the applicable Documentation available in the Customer Portal.
Save as otherwise specified above, these appendices can be located at the following links: https://darktrace.com/legal/master-services- agreement
1. DEFINITIONS
Capitalized terms have the meanings attributed to them in Appendix 1.
2. EVALUATIONS AND BETA TESTING
2.1. This Clause 2 applies if Darktrace has agreed to provide the Offering (or any part thereof) on a proof of value or technical preview basis.
2.2. If Darktrace provides Customer with the Offering (or any part thereof) for evaluation purposes (an “Evaluation”), Darktrace grants Customer the right to use the Offering free of charge for evaluation purposes only for a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Evaluation Period”). Except for the foregoing, Darktrace does not grant Customer any rights, implied or otherwise in or to the Offering. During any Evaluation Period, Customer (I) must keep the Appliance free from liens; (ii) will be responsible for any damage to the Appliance (reasonable wear and tear excepted); and (iii) will carry insurance coverage (all risks) in an amount equal to the full replacement value of the Appliance. On the expiry of the Evaluation Period, and unless the Parties agree to a subsequent purchase of all or part of the Offering for an applicable Subscription Period, Customer shall promptly return the Appliance to Darktrace securely and properly packaged, with carriage (and insurance at Customer’s option) and this Agreement shall automatically terminate.
2.3. If Darktrace provides Customer with a new product or new version of the Offering for technical preview or beta testing purposes (a “Preview Product”), Customer may use the Preview Product free of charge for evaluation purposes, in a non-production test environment only, for a maximum of four (4) weeks or such other duration as specified by Darktrace in writing at its sole discretion (the “Test Period”). Customer will test the Preview Product in accordance with any conditions specified in the readme file for the software or any accompanying Documentation and will gather and report test data, feedback, comments, and suggestions to Darktrace. Customer’s right to use the Preview Product will automatically terminate upon expiry of the Test Period. Darktrace does not warrant that it will release a commercial version of the Preview Product, or that a commercial version will contain the same or similar features as the Preview Product.
2.4. On completion of an Evaluation Period and / or Test Period, if the Customer wishes to continue using some or all of the Offering, the Customer and Darktrace shall agree a Product Order Form which shall include any applicable Fees for the Offering applicable to the relevant Subscription Period. If a Product Order Form is not agreed, the Customer's rights to the Evaluation and / or Preview Product shall automatically cease on completion of the Evaluation Period or Test Period.
2.5. Clause 9 and Clause 12.1 do not apply to Evaluations or Preview Products. The Offering provided for the purpose of an Evaluation and Preview Products are provided on an “as is” and “as available” basis, and, to the maximum extent permitted by applicable law: (i) Darktrace makes no warranties, conditions, representations or undertakings of any kind, whether express, implied, statutory or otherwise with relation to Evaluation Products or Preview Products; and (ii) subject to Clause 12.3, in no event shall Darktrace be liable to Customer or to those claiming through Customer for any direct, indirect, consequential, incidental or special damage or loss of any kind, or any loss of profits, loss of contracts, business interruptions, loss of or corruption of information or data however caused and whether arising under contract
MSA 1.3.1 | 2023-10-06
or tort (including without limitation negligence), even if the Customer has been advised of the possibility of such damages.
2.6. Subject to Clause 12.3, Darktrace's liability (whether in contract, tort or otherwise), in respect of any Evaluation and/or Preview Product shall not exceed ten thousand pounds sterling (£10,000) in aggregate.
3. ORDER PROCESS
3.1. Throughout the Term, the Customer may request, and Darktrace may agree to provide the Offering, in accordance with an executed order for the Offering (each a "Product Order Form"). The Parties shall work together to discuss and agree the terms of each Product Order Form. For the avoidance of doubt, no Product Order Form shall be binding until fully executed by both Parties.
3.2. Each Product Order Form shall, once signed, be a separate contract incorporating the terms of this Agreement. Darktrace will not be required to provide the Offering unless a Product Order Form for the applicable Subscription Period duly signed by or on behalf of the Customer.
3.3. Any order forms (other than a Product Order Form) or other correspondence that the Parties may use for the fulfilment of ordering the Offering or otherwise for administering this Agreement will be for administrative convenience only and any terms and conditions included in such forms will have no effect and will not modify this Agreement (even if such forms state otherwise and including any terms provided by the Customer or any provided with any purchase order).
4. PROVISION OF APPLIANCES
4.1. Provision of Appliances. Unless otherwise agreed in writing between the Parties, title to the Appliance (and all components thereof) will remain with Darktrace at all times. The Appliance is provided solely as the medium for delivery and operation of the Software and must not be used for any other purpose. Use of the specified Appliance is included in the Fees. Upon termination or expiration of the applicable Subscription Period, Customer shall promptly return the physical components of the Appliance to Darktrace, securely and properly packaged, with carriage (and insurance at Customer’s option) prepaid. Whilst the Appliance is in Customer’s possession, Customer must (a) clearly designate the Appliance as Darktrace’s property; (b) hold the Appliance on a fiduciary basis as Darktrace’s bailee; (c) store and use the Appliance in a proper manner in conditions which adequately protect and preserve the Appliance; (d) insure the Appliance against all risks to its full replacement value; (e) not sell, charge, pledge, mortgage or otherwise dispose of the Appliance or any part of it; (f) not permit any lien to arise over the Appliance (or part thereof); and (g) keep the Appliance free from distress, execution and other legal process. Customer will be granted the right to access and use the Software on the Appliance during the Subscription Period specified in the relevant Product Order Form on the terms of Clause 5 below.
4.2. Delivery. Darktrace will use commercially reasonable efforts to ship the Appliance(s) on the delivery dates agreed in writing with the Customer (and otherwise as soon as reasonably practicable after agreeing a Product Order Form) (in partial or full shipments); provided, however, that Customer's sole and exclusive remedy for any delay in delivery or for failure to give notice of delay shall be for Darktrace to make such delivery as soon as practicable. Darktrace is not liable for the acts or omissions of any third-party courier or shipping provider.
Darktrace may withhold or delay shipment of any order if Customer is late in payment or is otherwise in default under this Agreement.
Darktrace will deliver the Appliance FCA (Incoterms 2010) to the agreed Sites. In the absence of specific written shipping instructions from Customer, Darktrace will ship by the method of its choice. Unless otherwise set out in an executed Product Order Form, Customer will pay and be exclusively liable for all costs associated with shipping and delivery including without limitation, freight, shipping, customs charges and expenses, cost of special packaging or handling and insurance premiums incurred by Darktrace in connection with the shipment of the Appliance(s) to Customer. Darktrace will identify itself in all documents related to the shipment of the Appliance(s) as the exporter of record from the applicable jurisdiction of export, and Customer (or its agent, as applicable) as the importer of record into the country of delivery.
4.3. Use of Appliances. Customer agrees that Appliances are for use with respect to the Customer's applicable bandwidth throughput, number of connected devices and connections per minute as set out in the applicable Documentation.
5. ACCESS TO THE OFFERING AND ACCESS AND USAGE RESTRICTIONS
5.1. Access to the Software. In consideration of the Fees paid by Customer to Darktrace, and subject to the terms and conditions of this Agreement and the Product Order Form, during the applicable Subscription Period Darktrace grants to Customer the right to: (i) install and use the Appliance on the Site(s) for Customer’s and/or its permitted Affiliates' internal business purposes (provided that neither Customer nor its Affiliates may use the Offering (or any part thereof) as a commercial product or for the benefit of an unaffiliated third party); and (ii) make a commercially reasonable number of copies of the Documentation, provided however, that Customer must reproduce and include all of Darktrace's and its suppliers' copyright notices and proprietary legends on each such copy.
5.2. Own hardware and / or cloud services. Customer agrees that where set out in the applicable Documentation, the installation and running of Software will require the Customer and / or its Users to provide its own hardware and/or cloud services.
5.3. Access and Usage Restrictions. All Software is provided on a subscription access basis, not sold. The restrictions in this Agreement represent conditions of Customer’s permission to access and use the Offering. Unless otherwise specified in the Product Order Form or the Documentation, the Software is pre-installed on the Hardware and Customer agrees to use the Software solely in conjunction with such Hardware and not separately or apart from the Hardware. Customer specifically agrees not to: (i) license, rent, sell, lease, distribute, grant access to or rights in, or otherwise transfer the Software or any part thereof or use the Offering, or allow the Offering to be used, for timesharing or service bureau purposes or otherwise use or allow others to use the Offering for the benefit of any third party (other than Customer’s Affiliates); (ii) attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying ideas or algorithms of the Software (other than the GPL Software) or any portion thereof, except as required to be permitted by applicable law; (iii) modify, port, translate, localize or create derivative works of the Software or the Documentation; (iv) use the Offering: (a) in violation of any law, statute, ordinance or regulation applicable to Customer including but not limited to the laws and regulations governing publicity or privacy, export/import control, federal, state and local laws and regulations governing the use of network scanners and related software
MSA 1.3.1 | 2023-10-06
in all jurisdictions in which systems are scanned or scanning is controlled, or anti-discrimination; or (b) negligently, intentionally or willfully propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data; (v) remove or modify any acknowledgements, credits or legal notices contained on any Appliance or any part thereof; (vi) install or run on the Hardware any software applications other than the Software installed by Darktrace on such Hardware; (vii) collect any information from or through the Offering using any automated means (other than Darktrace approved APIs), including without limitation any script, spider, “screen scraping,” or “database scraping” application or gain or attempt to gain non-permitted access by any means to any Darktrace computer system, network, or database; or (viii) file copyright or patent applications that include the Offering or any portion thereof.
5.4. Usage Metrics. The Customer agrees that it shall not access or use, or permit access to or use of, the Offering in excess of the applicable Usage Metric(s). If such excess use is made, the Customer agrees that it shall pay Darktrace's then-current standard fees for any such excess use. Where the Usage Metric is a per User basis (as specified on the applicable Product Order Form), Customer agrees that: (i) the maximum number of Users that it authorizes to access and use the Offering and the Documentation shall not exceed the number of User subscriptions it has purchased under that Product Order Form; and (ii) it will not allow any User subscription to be used by more than one individual User unless it has been reassigned in its entirety to another individual User, in which case the prior User shall no longer have any right to access or use the Offering and/or Documentation.
5.5. Affiliate Use. Darktrace acknowledges and agrees that the Offering may be used for the benefit of Customer Affiliates. Such Customer Affiliates will be entitled to utilize the Offering in the same way as Customer under the terms of this Agreement. To the extent that any such Customer Affiliate utilizes the Offering in accordance with this Clause 5.5 Customer (acting as agent of the relevant Customer Affiliate) will be entitled to enforce any term of this Agreement and recover all losses suffered by such Customer Affiliate pursuant to this Agreement as though Customer had suffered such loss itself, provided that in no event may Customer make multiple recoveries in respect of the same loss. In the event that any Affiliate of the Customer is or becomes a competitor of Darktrace (in Darktrace's reasonable opinion), Darktrace may immediately on written notice suspend or terminate provision of the Offering to such Affiliate.
5.6. Outsource Provider. In the event that Customer contracts with an Outsource Provider, Customer may permit such Outsource Provider to exercise all or any portion of the rights granted in Clause 5.1 above solely on Customer’s or its Affiliates’ behalf, provided that, (i) the Outsource Provider will only use or operate the Offering for Customer’s benefit subject to terms and conditions that are consistent with the rights and limitations set out in this Agreement; and (ii) Customer will remain liable for the acts and omissions of the Outsource Provider under this Agreement.
5.7. Third Party Software/ Open Source Software. Customer acknowledges that the Software may contain or be accompanied by certain Third- Party Products including Open Source Software. Any Open Source Software provided to Customer as part of the Offering is copyrighted and is made available to Customer under the GPL/LGPL and other Open Source Software licenses. Copies of, or references to, those licenses may be set out in a Product Order Form, the Third-Party Product packaging or in a text file, installation file or folder accompanying the Software. If delivery of Open Source Software source code is required by the applicable license, Customer may obtain the complete corresponding Open Source Software source code for a period of three years after Darktrace’s last shipment of the Software by sending a request to: Attn: Legal Department - Open Source Software Request, Darktrace Holdings Limited, Maurice Wilkes Building, Cowley Road, Cambridge CB4 0DS, United Kingdom. All other implied licenses are disclaimed, and all rights not expressly granted herein are reserved to Darktrace.
6. SERVICES
6.1. Installation. Darktrace will perform the Installation Service as soon as reasonably practicable after the Commencement Date.
6.2. Support Services. During the applicable Subscription Period, Darktrace will provide the Support Services. The Support Services are further described in Appendix 2 , which details Darktrace’s Standard Support Services and Support Service Options, and their respective eligibility requirements, service limitations and Customer responsibilities. The Customer warrants that it shall comply with all such Customer responsibilities (if any) as may be set out in Appendix 2.
6.3. Call Home. Darktrace’s Call Home feature is critical for certain Support Services. Darktrace will limit its access solely to the extent relevant to Darktrace's provision of the Support Services, and such remote access will be subject to Customer’s reasonable policies and procedures provided to Darktrace in writing in advance. The Call Home connection remains within Customer’s complete control and can be initiated and terminated at any time by Customer.
6.4. Disclaimer. Unless expressly agreed between the Parties in writing, the Offering does not include the monitoring, interpretation or corrective action with respect to any Alerts. No advice, report, or information, whether oral or written, obtained by Customer from Darktrace or through or from the use of the Offering shall create any warranty not expressly stated in this Agreement. Customer understands that: (a) any outcome of the use of the Offering involving security assessment is limited to a point-in-time examination of Customer’s security status; and (b) the Offering does not constitute any form of representation, warranty or guarantee that Customer’s systems are secure from every form of attack, even if fully implemented. Customer understands and acknowledges that not all anomalies / intrusions may be reported or prevented.
7. FEES, PAYMENT AND TAXES
7.1. Fees. Fees are stated in the Product Order Form and apply to all components of the Offering selected during the applicable Subscription Period. No refunds will be made except as provided in Clause 9.4 and Clause 10.3 of this Agreement. Unless otherwise explicitly agreed in writing, Fees are: (i) exclusive of sales and use taxes assessed by any taxing authority in the jurisdiction(s) in which Customer is physically located and takes delivery of the Appliance or receives the Services; and (ii) exclusive of duties and shipping and handling fees, which unless otherwise agreed in writing will be the responsibility of Customer. Should Customer be required under any law or regulation of any governmental entity or authority outside of the United Kingdom to withhold or deduct any portion of the payments due to Darktrace, then Customer will increase the sum payable to Darktrace by the amount necessary to yield to Darktrace an amount equal to the sum Darktrace would have received had no withholdings or deductions been made.
MSA 1.3.1 | 2023-10-06
7.2. Invoices and Payment. Unless otherwise stated in the Product Order Form, Customer will be invoiced the Fees from the Commencement Date and on each anniversary thereof throughout the Term. Any other charges, such as out of pocket expenses will be invoiced monthly in arrears. Invoicing will occur via email. Unless otherwise agreed in the Product Order Form, Customer agrees to pay all undisputed amounts within thirty (30) days of Customer’s receipt of the applicable invoice by direct bank or wire transfer in accordance with the instructions on the invoice and shall be liable for any bank charges assessed on Customer by Customer’s bank. Darktrace may suspend or cancel performance of open orders or access to the Offering if Customer fails to make payments when due, reserving all other rights and remedies as may be provided by law. Darktrace may impose late charges on overdue payments at a rate equal to two percent (2%) per annum above the official dealing rate of the Bank of England, calculated from the date payment was due until the date payment is made, and Customer agrees to pay all reasonable expenses incurred in collection, including legal fees.
7.3. Lapsed Fees. If Customer has lapsed in the payment of Fees due hereunder, Darktrace may suspend access to the Offering and prior to reactivating, Customer will be responsible for paying all Fees associated with the Offering from the date of suspension through to the then-current date.
7.4. Fee increases. Darktrace reserves the right to increase the Fees payable by the Customer on thirty (30) days’ written notice in the sole event Cloud Provider increases the charges or fees payable by Darktrace to such Cloud Provider for services necessary for or related to the Offering. Any such increase will be proportionate to the increase charged by the Cloud Provider. Unless otherwise agreed in a Product Order Form, Darktrace may adjust the Fees once per year on not less than sixty (60) days' prior written notice, with any such adjustment taking affect from the next anniversary of the Commencement Date. In the event there is any change to the Customer's network or infrastructure after the Product Order Form is agreed, and such change results in or contributes to a cost to Darktrace, Darktrace shall be entitled to charge such cost to the Customer.
7.5. Clause 7 shall not apply where Customer has purchased the Offering through a Darktrace authorized reseller.
8. INTELLECTUAL PROPERTY; OWNERSHIP
8.1. Intellectual Property. Except as expressly set forth herein: (i) this Agreement does not grant either Party any rights, implied or otherwise, to the other’s Intellectual Property; and (ii) Darktrace, its suppliers and licensors, retain all right, title and interest in and to the Offering, and the Documentation and all copies thereof, including all enhancements, error correction, new releases, updates, derivations, and modifications thereto (collectively, “Darktrace Intellectual Property”). Customer agrees to inform Darktrace promptly of any infringement or other improper action with respect to Darktrace Intellectual Property that comes to Customer’s attention.
9. WARRANTIES
9.1. Software Warranty. Darktrace warrants to Customer that, during the applicable Subscription Period, the Offering will perform materially in accordance with the applicable Documentation.
9.2. Services Warranty. Darktrace warrants to Customer that all Services will be performed with all reasonable care, skill and diligence in accordance with generally recognized commercial practices and standards.
9.3. Exceptions. The warranties contained in Clauses 9.1 and 9.2 will not apply if: (i) Customer’s use of the Offering is not in accordance with this Agreement; (ii) Customer fails to follow Darktrace’s installation, operation or maintenance instructions or procedures in the Documentation; (iii) the Software has been modified, repaired or improperly installed other than by Darktrace or any contractor or subcontractor of Darktrace; (iv) Customer (or its agent) has failed to implement, or to allow Darktrace or its agents to implement, any corrections or modifications to the Software made available to Customer by Darktrace; or (v) Customer (or its agent) has combined the Software with other software, services, or products that are not provided by Darktrace or not otherwise specified in the Documentation, and, but for such combination, the breach of warranty would have been avoided.
9.4. Remedies. If during the warranty period contained in Clause 9.1 : (i) Darktrace is notified promptly in writing upon discovery of an error in the Offering, including a detailed description of such alleged error; and (ii) Darktrace’s inspections and tests determine that the Offering contains an error and it is not subject to any of the exceptions set out in Clause 9.3, then, Darktrace’s entire liability and Customer’s sole remedy for such breach of warranty shall be for Darktrace to (at Darktrace’s option and sole expense) correct, repair or replace the Offering within a reasonable time or provide or authorize a refund of the unused portion of the Fees Customer has paid for the Offering.
Customer agrees to provide prompt notice of any failure under Clause 9.2 and Darktrace will re-perform any Service that fails to meet the warranted standard.
9.5. Disclaimer. Except for the express warranties set out in this Agreement, and to the fullest extent permitted by law, neither Darktrace nor any of its third party licensors or suppliers make any warranties, conditions, undertakings or representations of any kind, either express or implied, statutory or otherwise in relation to any subject matter of this Agreement, including without limitation any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or, arising from course of performance, dealing, usage or trade. Darktrace does not warrant that the operation of the Offering will be error-free or uninterrupted or that it will meet the Customer's requirements.
MSA 1.3.1 | 2023-10-06
10. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT INDEMNITY
10.1. Darktrace Indemnity. Darktrace will indemnify Customer, Customer’s Affiliates, and their respective officers, directors, and employees (and any successors and assigns of the foregoing) (collectively, the “Customer Indemnitees”) against all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim that the Software provided or made available by Darktrace under this Agreement, or its receipt, possession or use by any Customer Indemnitee, infringes a European or U.S. patent, any copyright, or misappropriates any third party trade secrets. The indemnification obligations of Darktrace will be subject to Customer:
(i) notifying Darktrace in writing within twenty (20) days of receiving notice of any threat or claim of such action; (ii) giving Darktrace exclusive control and authority over the defense or settlement of such action (provided that: (A) any settlement will not entail an admission of fault or guilt by any Customer Indemnitee; and (B) the settlement includes, as an unconditional term, the claimant’s or the plaintiff’s release of Customer Indemnitees from all liability in respect of the claim); (iii) not entering into any settlement or compromise of any such action without Darktrace’s prior written consent; and (iv) providing reasonable assistance requested by Darktrace at Darktrace’s expense.
Customer will be obliged to mitigate its losses insofar as is reasonable in the circumstances.
10.2. Exclusions. The obligations set out in Clause 10.1 do not apply to the extent that a third party claim is caused by, or results from: (a) Customer’s combination or use of the Software that is the subject of the claim with other software, services, or products that are not provided or authorized by Darktrace in writing, if the claim would have been avoided by the non-combined or independent use of the Software that is the subject of the claim; (b) modification of the Software that is the subject of the claim by anyone other than Darktrace or any contractor or subcontractor of Darktrace, if the third party claim would have been avoided by use of the unmodified Software that is the subject of the claim; (c) Customer’s continued allegedly infringing activity after being notified thereof and being provided with modifications that would have avoided the alleged infringement (which in implementing such modifications, Darktrace will use commercially reasonable efforts to have substantially preserve the utility and functionality of the Software that is the subject of the claim); (d) Customer’s use of the Software that is the subject of the claim in a manner not in accordance with this Agreement or the Documentation; or (e) use of other than Darktrace’s most current release of the Software that is the subject of the claim if the third party claim would have been avoided by use of the most current release or revision release or revision.
10.3. Remedies. If Darktrace reasonably believes the Software infringes a third party’s Intellectual Property Rights, then Darktrace will, at its option and at no additional cost to Customer: (a) procure for Customer the right to continue to use the Software; (b) replace the Software; or (c) modify the Software to avoid the alleged infringement. Darktrace will not be liable for any costs or expenses incurred without its prior written authorization. If none of the options in the previous sentence are commercially reasonable, Darktrace may terminate the Customer's access to the allegedly infringing Software and refund a pro rata refund of the Fees paid by Customer from the date a third- party claim arose for the allegedly infringing Software to the then-current date, whereupon this Agreement will automatically terminate.
10.4. This Clause 10 is a complete statement of the Customer’s remedies for third party claims for infringement as described in Clause 10.1.
11. CUSTOMER DATA; CUSTOMER UNDERTAKINGS AND INDEMNITY
11.1. Customer Dependencies. The Customer shall perform or procure the performance of the Customer Dependencies in a manner which ensures Darktrace is not delayed from performing its obligations in accordance with this Agreement. During the Subscription Period, Customer will be liable for the cost of any changes that may be required to the Offering due to the Customer making a material change to their network. To the extent that the Customer's delay or failure to comply with a Customer Dependency does or may cause Darktrace to miss any timeframe for the performance of an obligation, Darktrace shall be entitled to an extension of time equivalent to the delay caused by the failure of the Customer Dependency.
11.2. Hosting. Where specified in an applicable Product Order Form Darktrace shall maintain Customer Data in the Hosted Location for the duration of the Subscription Period. Notwithstanding the aforementioned, Darktrace may change the Hosted Location from time to time without notice, provided that the new Hosted Location is within the same geographic region as the original Hosted Location.
11.3. Customer Data; License Grant. Customer will own all rights, titles and interests in and to the Customer Data and the contents of any Alerts. In respect of any Customer Data stored on the Appliance, Customer grants to Darktrace a limited and non-exclusive license to access and use the Customer Data only to the extent necessary for Darktrace to perform the Services. Customer agrees Darktrace may utilize the details of any Alerts evaluations occurring in Customer’s network and any connected data source on an anonymized basis and excluding any Customer Confidential Information and / or Personal Data, to develop and improve the Darktrace technology.
11.4. Customer Security Obligations. In using the Offering or authorizing its Outsource Provider and third parties to use it on Customer’s behalf, Customer (and not Darktrace) will be responsible for establishing, monitoring, and implementing security practices to control the physical access to and use of the Offering and all Customer Data therein, including Personal Data.
11.5. Data disclaimer; indemnity. Customer is solely responsible for its use of the Offering, the activities of its users and for the accuracy, integrity, legality, reliability and appropriateness of all Customer Data. Customer expressly recognizes that Darktrace does not create nor endorse any Customer Data processed by or used in conjunction with the Offering. Customer further acknowledges that Darktrace and its Affiliates do not provide or undertake backup or maintenance services for Customer Data and Customer undertakes that it shall be solely responsible for backup of all Customer Data. Customer acknowledges that it is fully and solely responsible for its own Customer Data and all contents within the Customer Data, and will, at Customer’s own expense, indemnify, defend and hold Darktrace, its Affiliates, and their respective officers, directors, and employees, (“Darktrace Indemnitees”) harmless from and against all liabilities, damages, and costs, including settlement costs and reasonable attorneys’ fees, incurred by reason of Darktrace's compliance with the instructions of Customer with respect to the ownership, custody, processing or disposition of the Customer Data by Darktrace, as applicable.
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12. LIMITATION OF LIABILITY
12.1. Limitation of liability. Subject to the remainder of this Clause 12, each Party’s maximum liability to the other Party for any and all claims, loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with this Agreement (including all Product Order Forms) shall not exceed, in the aggregate during each year of the relevant Subscription Period (where a 'year' commences on the Commencement Date and each anniversary thereof), the total amount of all fees paid or payable to Darktrace for the Offering during such year, except that in respect of (i) Clause 11.5 (“Data disclaimer; Indemnity”) and (ii) the Data Processing Addendum, each Party’s liability to the other for any and all such breaches shall not exceed, in the aggregate during each Subscription Period, the greater of (a) three times (3x) the total fees paid or payable to Darktrace for the Offering during each year of the relevant Subscription Period or (b) two hundred and fifty thousand pounds sterling (£250,000). For the avoidance of doubt, any liability arising under one Product Order Form shall be taken into account in assessing a party's liability arising under any other Product Order Form.
12.2. Exclusion of consequential damages. Subject to Clause 12.3 below, neither party shall be liable to the other for any indirect or consequential loss; or any loss of profits; loss of revenue or business; loss of goodwill or reputation; loss of or corruption or damage to data; loss of management time, howsoever arising and whether or not such party had been advised of the possibility of such loss, corruption or damage.
12.3. Exclusions from Limitation of Liability. Nothing in this Agreement will exclude or limit either Party’s liability for: (i) death or personal injury due to negligence; (ii) fraud; (iii) breach of Clause 14 (“Confidentiality”); (iv) breach of Clause 5 (“Access to the Offering and Access and Usage Restrictions”), or (v) any other matter in respect of which liability cannot lawfully be limited or excluded.
13. TERM; TERMINATION
13.1. Term. This Agreement is effective from the Effective Date and will remain in force until the sooner of: (i) expiry of the Evaluation Period or Test Period in accordance with Clause 2.1 above; or (ii) the end of the relevant Subscription Period specified in the applicable Product Order Form. In the event of extension or renewal of a Subscription Period, such extension or renewal shall be considered a new and separate Term. Notwithstanding any Product Order Form being specified as 'linked' or associated with another Product Order Form, each Product Order Form has its own Subscription Period and expiry or termination of one Product Order Form does not automatically affect any other Product Order Form.
13.2. Expiration of the Subscription Period. Notwithstanding any provision of this Clause 13, Customer’s right to use, and Customer’s access to, the Offering will automatically terminate on expiry of the applicable Subscription Period unless and until the Parties renew or extend the applicable Subscription Period.
13.3. Termination for Breach. Either Party may terminate this Agreement if: (i) the other Party is in material breach of the Agreement and fails to cure such breach within thirty (30) days after receipt of written notice requiring it to make such rectification or such breach is not capable of rectification; or (ii) the other Party ceases its business operations or becomes subject to insolvency proceedings and which proceedings are not dismissed within thirty (30) days (unless a Party is prevented from terminating due to the provisions of applicable law).
13.4. Termination or Suspension by Darktrace. Without prejudice to any other right or remedy available to Darktrace, Darktrace may without prior notice restrict, suspend or terminate Customer’s access to or use of the Offering without liability:
13.4.1. if a court or other government regulatory authority issues an order prohibiting Darktrace from furnishing the Offering to Customer.
Customer’s obligation to pay Fees during any period of suspension under this Clause 13.4.1 will also be suspended. In the event the Offering is suspended pursuant to this Clause 13.4.1 then provided it is lawful to do so, Darktrace will inform Customer of the reasons for the suspension and will work with Customer to resolve such issues and re-instate the Offering.
13.4.2. if Darktrace has a reasonable suspicion that Customer is using the Offering: (i) in breach of Clause 5.1 or Clause 5.2; or (ii) in a manner that is otherwise unlawful, and in each case, Customer does not cure the condition identified in a written notice provided by Darktrace within five (5) business days.
13.5. Effect of Termination. Upon termination or expiration of this Agreement:
13.5.1. the Subscription Period and all rights and licenses granted by one Party to the other under this Agreement, and any Services provided by Darktrace to Customer, will cease immediately;
13.5.2. Customer shall ensure all Customer Data is removed from the Appliance and return the Appliance to Darktrace in accordance with Clause 4.1. Darktrace will not be responsible for maintaining or protecting any configuration settings or data found on the returned Appliance or component part of the Appliance and it is Customer's sole responsibility to delete any such information prior to return;
13.5.3. for a period of thirty (30) days following the termination, Darktrace shall maintain Customer Data and grant Customer access to the cloud Services, solely to download and delete any Customer Data. Thereafter, Darktrace will delete or destroy all copies of Customer Data without liability or additional notice, unless legally prohibited from doing so. Customer Data cannot be recovered once deleted or destroyed; and
13.5.4. all undisputed Fees owing to Darktrace at the date on which termination or expiry takes effect will become immediately due and payable.
13.6. Survival. The following provisions will survive any termination of this Agreement: Clause 7 (“Fees, Payments and Taxes”); Clause 8 (“Intellectual Property; Ownership”); Clause 9.5 (“Disclaimer”); Clause 10 (“Intellectual Property Rights Infringement Indemnity”); Clause
11.5 (“Data Disclaimer; Indemnity”); Clause 12 (“Limitation of Liability”); Clause 13.5 (“Effect of Termination”); Clause 13.6 (“Survival”); Clause 14 (“Confidentiality”); Clause 15 (“Data Protection”) (solely to the extent any personal data continues to be processed after
MSA 1.3.1 | 2023-10-06
termination); and Clause 16 (“General Provisions”).
14. CONFIDENTIALITY
14.1. Each party will treat the other party’s Confidential Information as confidential. Confidential Information of one Party (the “Disclosing Party”) may only be used by the other Party (the “Receiving Party”) for the purpose of fulfilling obligations or exercising rights under this Agreement and may only be shared with employees or contractors of the Receiving Party who have a need to know such information to support such purpose (“Representatives”). Each Party will procure that any of its Representatives to whom Confidential Information is disclosed are bound by contractual obligations equivalent to those in this Clause 14.1. Notwithstanding the foregoing, the Receiving Party shall remain liable for the acts or omissions of its Representatives. Confidential Information will be protected using a reasonable degree of care to prevent unauthorized use or disclosure for five (5) years from the date of receipt or (if longer) for such period as the information remains confidential. These obligations do not cover information that: (i) was known or becomes known to the Receiving Party on a non-confidential basis from a third party, provided that: (a) the Receiving Party has no knowledge that the third party is subject to a confidentiality agreement with the Disclosing Party in respect of the information; and (b) such information is not of a type or character that a reasonable person would have regarded as confidential; (ii) is independently developed by the Receiving Party without violating the Disclosing Party’s rights; (iii) is or becomes publicly known other than through disclosure by the Receiving Party or one if its Representatives in breach of this Agreement; or (iv) was lawfully in the possession of the Receiving Party before the information was disclosed by the Disclosing Party. A party may disclose Confidential Information to the extent disclosure is required by law or a governmental agency provided that, to the extent it is lawful to do so, the Receiving Party notifies the Disclosing Party of the request giving it reasonable opportunity to respond, and cooperate with the Disclosing Party’s reasonable, lawful efforts to resist, limit or delay disclosure at the Disclosing Party’s expense, and except for making such required disclosure, such information will otherwise continue to be Confidential Information. On termination or expiry of the Agreement, each Party will promptly return or destroy all Confidential Information of the other Party.
15. DATA PROTECTION
15.1. The Parties shall comply with their respective obligations as set out in the Data Processing Addendum, which is hereby incorporated into and forms a part of this Agreement.
16. GENERAL PROVISIONS
16.1. Entire Agreement; Integration.
16.1.1. This Agreement, the appendices and any documents referenced herein, represent the entire agreement between the Parties on the subject matter hereof and supersedes all prior discussions, agreements and understandings of every kind and nature between the Parties and excludes, without limitation, any terms appearing on a Customer purchase order, invoice or other Customer paperwork or any other terms (in each case whether by way of conduct or otherwise). No modification of this Agreement will be effective unless in writing and signed by both Parties. Each Party acknowledges and agrees that, in connection with the Agreement, it has not been induced to enter into the Agreement in reliance upon, and does not have any remedy in respect of, any representation or other promise of any nature other than as expressly set out in this Agreement.
Each Party signing this Agreement acknowledges that it has had the opportunity to review this Agreement with legal counsel of its choice and there will be no presumption that ambiguities will be construed or interpreted against the drafter.
16.1.2. Unless otherwise specifically agreed to in a writing signed by each of the Parties, in the event of any conflict or inconsistency between this Agreement, an appendix hereto, any Product Order Form issued hereunder, and or any document incorporated by reference, the order of precedence of the documents from highest to lowest is the Data Processing Addendum, the Product Order Form, this Agreement, any appendix hereto and the documents incorporated by reference (other than the Data Processing Addendum).
16.2. Severability. The illegality or unenforceability of any provision of this Agreement will not affect the validity and enforceability of any legal and enforceable provisions hereof.
16.3. Force Majeure. Other than in respect of Customer's payment obligations, neither Party will be liable for any failure or delay in performing services or any other obligation under this Agreement, nor for any damages suffered by the other Party by reason of such failure or delay, which is, indirectly or directly, caused by an event beyond such Party’s reasonable control, including but not limited to riots, natural catastrophes, terrorist acts, pandemics, epidemics, governmental intervention, refusal of licenses by any government or other government agency, or other acts of god (each, a “Force Majeure Event”), and such non-performance, hindrance or delay could not have been avoided by the non-performing Party through commercially reasonable precautions and cannot be overcome by the non- performing Party through commercially reasonable substitute services, alternate sources, workarounds or other means. During the continuation of a Force Majeure Event, the non-performing Party will use commercially reasonable efforts to overcome the Force Majeure Event and, to the extent it is able, continue to perform its obligations under the Agreement.
16.4. Notices. Any notice will be delivered by hand, recorded delivery, registered post or email with satisfactory proof of such delivery to be retained by the sender. All notices will only become effective on the actual date that the notice is received. Any notices required to be given in writing to Darktrace or any questions concerning this Agreement should be addressed to: Attn: Legal Department, Darktrace Holdings Limited, Maurice Wilkes Building, Cowley Road, Cambridge CB4 0DS, United Kingdom. Email notices to [email protected].
16.5. Rights of Third Parties. The provisions of this Agreement concerning restrictions on usage of the Offering and protection of Intellectual Property Rights are for the benefit of and may be enforced by each of Darktrace, any Darktrace Affiliate and the Darktrace Indemnitees.
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Except for the foregoing sentence, or as otherwise expressly set out in the Agreement, this Agreement does not create any rights for any person who is not a party to it whether under the Contracts (Rights of Third Party) Act or otherwise, and no person who is not a party to this Agreement may enforce any of its terms or rely on any exclusion or limitation contained herein.
16.6. Audit. During the Subscription Period, Customer will permit Darktrace, or an independent certified accountant appointed by Darktrace access, on written notice, to Customer’s premises and Customer’s books of account and records at any time during normal business hours for the purpose of inspecting, auditing, verifying and / or monitoring the manner and performance of Customer’s obligations under this Agreement. Darktrace shall not exercise this right more than twice in each calendar year.
16.7. Independent Contractors. The Parties are independent contractors. Nothing in this Agreement will be construed to create a partnership, joint venture, or agency relationship between the Parties.
16.8. Assignment. This Agreement may not be assigned by either Party without the written consent of the other Party. Notwithstanding the foregoing, consent of the other Party will not be required for a transfer to an Affiliate of a Party or if a Party undertakes an initial public offering, a sale of all or substantially all of its shares or assigns all or substantially all of its business and assets to another entity that is not a direct competitor of the non-assigning Party. Any attempt to assign this Agreement in violation of the foregoing will be null and void. This Agreement binds the Parties, their respective Affiliates, successors and permitted assigns.
16.9. Governing Law. Any dispute or claim relating in any way to this Agreement will be governed by the Governing Law, and adjudicated in the Governing Courts, as defined in the table below, and each Party consents to the exclusive jurisdiction and venue thereof; save that each party may enforce its or its Affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief and (ii) Darktrace or its Affiliate may, bring suit for payment in the country where the Customer Affiliate that placed the Product Order Form is located. Where arbitration applies it shall be conducted in English, under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) by three arbitrators in accordance with Art 12 of said Rules. The award shall be final and binding on the Parties. Except to the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence. Customer and Darktrace agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply.
Customer location (as stated in the
Product Order Form)
Governing Law Governing Courts
United Kingdom The laws of England & Wales The courts of England & Wales United States of America The laws of the state of California The state or Federal courts in San Francisco, California
None of the above The laws of England & Wales Arbitration at the ICC in London
16.10. Export Restrictions. The Offering is for Customer’s use and not for further commercialization. Customer acknowledges that the Offering may be classified and controlled as encryption items under the United Kingdom’s Export Regulations and other national regulations.
Each Party will comply with all applicable laws regarding export-controlled items, and will not export, re-export or import, directly or indirectly, any export-controlled items, or any direct product of them, nor undertake any transaction hereunder in violation of any applicable export laws.
16.11. ITAR. Customer understands that employees of Darktrace and/or its suppliers may have access to native data to perform the Support Services herein and represents that none of this data requires protection from access by foreign persons because it contains technical information regarding defense articles or defence services within the meaning of the United States International Traffic in Arms Regulations (22 CFR § 120) or technical data within the meaning of the United States Export Administration Regulations (15 CFR §§ 730 - 774). If any of this data does contain any such information, Customer will either lock down access to any such data and/or identify any folders containing such data as export-controlled information and acknowledges that special service rates may apply thereto.
16.12. Government End-User Notice (applicable to United States government customers only). The Offering is commercial within the meaning of the applicable civilian and military Federal acquisition regulations and any supplements thereto. If the user of the Appliance is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Appliance, including technical data or manuals, is governed by the terms, conditions and covenants contained in this Agreement and the Darktrace standard commercial right of access and use, as contained herein.
16.13. HIPAA Compliance (applicable to United States healthcare industry customers only). In order to comply with the Parties’ obligations under Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), to the extent applicable to Customer, Customer and Darktrace agree that such protected health information shall be processed in accordance with the Darktrace Business Associate Agreement. Customer hereby acknowledges that Customer has reviewed and agrees to the Darktrace Business Associate Agreement, which is incorporated into the terms of this Agreement, and which can be found at https://darktrace.com/legal/master- services-agreement as Appendix 5: Business Associate Agreement. For the purposes of this clause, Customer is a “covered entity” as defined pursuant to the HIPAA regulations and transmits to Darktrace protected health information which is regulated pursuant to HIPAA during the course of its use of the Offering.
16.14. Waiver. Each Party agrees that the failure of the other Party at any time to require performance by such Party of any of the provisions herein will not operate as a waiver of the rights of such Party to request strict performance of the same or like provisions, or any other provisions hereof, at a later time.
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16.15. Headings. All headings used herein are for convenience of reference only and will not in any way affect the interpretation of this Agreement.
16.16. Equitable Remedies. The Parties agree that with respect to a breach by a Party of Clauses 5, 8 or 14, monetary damages may not be an adequate or sufficient remedy for a breach of this Agreement. Therefore, in addition to any applicable monetary damages, a Party will also be entitled to apply for injunctive relief and other equitable relief to prevent breaches of the Agreement, without proof of actual damage.
16.17. Counterparts. This Agreement and each Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. Transmission of the executed counterpart of this Agreement and any Product Order Form by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart.
DTV1.2/20221011
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Appendix 1 – Definitions
1. DEFINITIONS:
1.1. Defined Terms. Terms defined in this Appendix 1 will have the meanings given below. Defined terms may be used in the singular or plural depending on the context.
“Affiliate” means any corporation or other business entity that directly or indirectly controls, is controlled by or is under common control with a Party. Control means direct or indirect ownership of or other beneficial interest in fifty percent (50%) or more of the voting stock, other vesting interest, or income of a corporation or other business entity; “Alerts” means alerts of suspected malicious activity on a Customer’s environment generated by the Offering; “Appliance(s)” means the Software, or Software combined with Hardware, as more fully described on the Product Order Form; “Call Home” means the secure and encrypted channel that connects the Appliance to Darktrace central management; "Cloud Provider" means Microsoft Azure, Amazon Web Services or Google Cloud Platform, as specified on the Product Order Form; "Commencement Date" means the date specified in a Product Order Form on which Darktrace shall commence providing the Product(s). “Confidential Information” means any information, however conveyed or presented, that relates to the business, affairs, operations, customers, suppliers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, Intellectual Property, materials, designs, improvements, formulae, discoveries, inventions, networks, concepts, ideas, technical information and know-how of a Party, and any other information clearly designated by a Party as being confidential to it (whether or not it is marked "confidential"), and information that ought reasonably be considered to be confidential, but in all circumstances excludes any Personal Data;
“Customer Data” means all data and information provided by Customer to, or accessible by, Darktrace under this Agreement in connection with the performance of the Services (which may include information about network traffic on Customer’s network (metrics), log/metadata collection, as well as the raw packet capture data from Customer’s network) and which may include personal data; "Customer Dependency" means an obligation on the Customer in relation to access to and / or use of the Offering (or any part of it) which is necessary to facilitate Darktrace to integrate, configure, access or otherwise provide services in relation to the Offering; "Data Processing Addendum" means the document titled Data Processing Addendum as provided by Darktrace from time to time and available at https://darktrace.com/legal/data-processing-addendum , which sets out the Parties' responsibilities in respect of any personal data processed pursuant to the Offering;
“Documentation” means user manuals for the Offering (or any part thereof) consisting of the applicable installation guides, datasheets, service descriptions, technical specifications and online help files provided by Darktrace or available on Darktrace’s online portal, as may be updated by Darktrace from time to time excluding any: documents that are non-technical or of a marketing nature; blogs; videos; community posts; FAQs; or threat analyses, that may be made available from time to time;
“Effective Date” means the date of last signature of this Agreement; "Fees" means all applicable fees as set out in the Product Order Form; “GPL Software” means third party software provided by Darktrace on the Hardware to support use of the Software that is licensed directly to Customer and the relevant Customer Affiliates by the relevant rights holder on the terms of the version included or provided with it of the GNU General Public License, GNU Lesser General Public License or other comparable license. “Hardware” means any hardware device (including embedded firmware) shipped and installed as part the provision of any Service(s); "Hosted Location" means the location specified as such in the applicable Product Order Form or as otherwise agreed between the Parties in writing;
"Installation Service" means the standard installation and test procedures performed by Darktrace to confirm completion of the installation of the Appliance on the Site;
“Intellectual Property” means patents, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, copyright (including rights in computer software) and topography rights, know-how and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, database rights (including rights of extraction) and all rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection mentioned in this definition (and “Intellectual Property Rights” will be construed accordingly); “Offering” means collectively the Appliance(s), Hardware, Software, Services and the Documentation (and any combination thereof) ordered pursuant to a Product Order Form;
“Open Source Software” means third party software that Darktrace distributes with the Software pursuant to a license that requires, as a condition of use, modification or distribution of such software, that the software or other software combined and/or distributed with it be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; (iii) redistributable at no
charge; or (iv) redistributable but subject to other limitations;
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"Outsource Provider" means any third-party service provider(s) such as an outsourcer, hosting, managed service, or collocation service provider or other information technology service provider for the performance of information technology functions appointed or engaged by or on behalf of the Customer;
“Product Order Form” has the meaning given to it in Clause 3.1; “Services” means the Support Services, Installation Service and / or training or professional services in each case as specified in the Product Order Form;
"Support Services" means collectively the Standard Support Services and Support Service Options (if applicable) as per Appendix 2 (Support Services), as updated and amended from time to time; “Support Service Options” means the optional support services, if any, as specified in the Product Order Form and further described in the applicable Documentation;
“Site(s)” means the Customer’s or its Outsource Provider's business location or datacenter as described in a Product Order Form; “Software” means the Darktrace and the Third-Party Software (in object code form) delivered to Customer as part of the Offering or on a standalone basis, together with all enhancements, error corrections, and/or updates which are generally made available by Darktrace as part of the Offering. The GPL Software does not form part of the Software and is licensed to Customer and the Customer Affiliates directly on the terms of the applicable licenses, provided that the GPL Software will nevertheless be deemed to form part of the Software for the purposes of the Support Services, such that Darktrace will support it as if it were part of the Software; “Standard Support Services” means the standard support services to be provided by Darktrace as set out in Appendix 2 (Support Services); "Subscription Period" means the period during which Darktrace shall make available the Offering, or part of the Offering, which commences on the Commencement Date and ceases at the end of the applicable Subscription Period; “Third Party Software” means: (i) any software or other technology that is licensed to Darktrace from one or more third parties for the purpose of making the Offering available commercially; and (ii) Open Source Software. "Third Party Products" means Third Party Software and / or components provided by any third party; and "Usage Metric" means the permitted usage of the Offering, as set out in a Product Order Form.
1.2. Construction. In this Agreement (except where the context otherwise requires):
1.2.1. any reference to a clause or schedule is to the relevant clause or schedule of or to this Agreement and any reference to a paragraph is to the relevant paragraph of the clause or schedule in which it appears;
1.2.2. the clause headings are included for convenience only and will not affect the interpretation of this Agreement;
1.2.3. use of the singular will include the plural and vice versa;
1.2.4. any reference to persons includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, foundations and trust (in each case whether or not having separate legal personality);
1.2.5. any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms; and
1.2.6. any reference to any other document is a reference to that other document as amended, varied or supplemented (in each case, other than in breach of the provisions of this Agreement) at any time.
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APPENDIX 2 - SUPPORT SERVICES
Please see https://darktrace.com/legal/master-services-agreement
13 DTV1.2/20221011
APPENDIX 3 – DATA PROCESSING ADDENDUM
Please see https://darktrace.com/legal/master-services-agreement
14 DTV1.2/20221011
APPENDIX 4 – PRODUCT SPECIFIC TERMS
Please see https://darktrace.com/legal/master-services-agreement
15 DTV1.2/20221011
APPENDIX 5 – BUSINESS ASSOCIATE AGREEMENT
Please see https://darktrace.com/legal/master-services-agreement
CITY:
City of Hollister, a municipal corporation
________________________________ Mayor
VENDOR:
SurveillanceGRID Integration Inc.
________________________________
CEO
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Parks & Recreation-2024-06
AGENDA ITEM: ACCEPTANCE OF THE EVERGLEN PUBLIC PARK PLAN
DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Tina Garza, Interim Parks & Recreation Director STAFF CONTACT: Tina Garza, Interim Parks & Recreation Director
RECOMMENDED ACTION: Adopt a resolution approving the final park design for Everglen Public Park as submitted by KB Development and recommended by the City of Hollister Parks and Recreation Advisory Commission at their July 8, 2024, special meeting.
DISCUSSION: On July 8, 2024, the City’s Park and Recreation Advisory Commission held a Special Meeting to review and make recommendations for the Everglen Public Park concept design. Following a presentation from the developer, the Commission voted unanimously to recommend that the item move forward to the City Council for final approval with a single alteration involving the substitution of several larger 24" box trees within the planned landscape and one point of clarification regarding the desired installation of sod turf in place of wildflower hydroseed. The Commission’s consensus on this change is that mature trees will grow significantly faster, thus enhancing the streetscape and providing natural shade for residents and visitors using the park.
Everglen Public Park will represent the first stage of a larger contiguous linear park that will eventually traverse and expand over a portion of several adjacent parcels that are planned for similar future development. Additional park features include a dog park with decomposed granite, seating areas, and additional spaces for passive recreation, including a walking trail for residents and visitors.
The park will complement the accompanying Everglen Subdivision which proposes 82 single family detached residential units. The City’s Planning Commission approved Vesting Tentative Map 2021-4 and Conditional Use Permit 2022-2 for a Planned Unit Development on September 22, 2022. The subdivision and park are both part of the larger Chappell Road Master Plan Project Area.
The City Council provides the final design acceptance for public parks within the City o f Hollister. The City has established a Park Impact Fee to account for the costs of dedicating land and construction of parks at a ratio of 5 acres of park per 1,000 persons.
The current park impact fee is $15,520.47 per residential unit. Any costs associated with the dedication and construction of the park by the developer would be deducted from impact fees owed to the City. The current park design has been developed considering the anticipated impact fees which would have otherwise been collected by the C ity as the budget for future park land dedication and construction costs.
FISCAL IMPACT: Approval of a final park design for Everglen Public Park will have no fiscal impact to the City’s General Fund as the dedication of land and construction of the
park is funded by the developer in lieu of the City’s direction collection of park development impact fees. Impact fees are collected prior to issuance of the final occupancy certificate for each home. The current park impact fee for developments such as this is $15,520.47 per single family unit. In the event that final construction costs of the park are less than the total of allowable park impact fees, the developer will pay the difference in cost to the City as the park impact fee for the project.
PREVIOUS COUNCIL OR COMMISSION ACTION:
January 19, 2021 – City Council adopts Chappell Road Master Plan (Resolution 2019- 7)
September 22, 2022 – Planning Commission approves Vesting Tentative Map and Conditional Use Permit for a Planned Unit Development for Evergle n Subdivision July 8, 2024 – Parks and Recreation Advisory Commission approves proposed park plan with recommendation and clarification.
CEQA: Approval of this park design does not constitute a project under CEQA. A Mitigated Negative Declaration was prepared for the Willow Landing Subdivision. CEQA documents are on file with the City’s Community Development Department.
ATTACHMENTS:
1. Resolution
2. Everglen Public Park Presentation
3. Everglen Public Park Budget
4. Everglen Public Park Summary of Costs
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE FINAL CONCEPT DESIGN FOR THE EVERGLEN
PUBLIC PARK
WHEREAS, on July 8, 2024, the City of Hollister Parks and Recreation Advisory Commission held a special meeting to review and make recommendations for the Everglen Public Park concept design; and
WHEREAS, the Commission recommended by a 3-0 vote that the City Council approve the park design with a single alteration to plant 24” box trees, by the standards established by the City for tree planting; and
WHEREAS, the City Council received the recommendation from both the Parks and Recreation Advisory Commission and staff regarding the Everglen Public Park design at the regular meeting of August 6, 2024; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the final concept design for the Everglen Public Park inclusive of the recommended modification to use 24” box sized trees :
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 20__-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on ______, 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 on ______, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
EVERGLEN PARK
HOLLISTER, CALIFORNIA
PROJECT NO. 5956.21
LANDSCAPE ARCHITECTURE
1 EVERGLEN PARK | 5956.21
CONTEXT MAP
HI
G
H
W
A
Y
2 5
SANTA ANA RD
MAPLE ST
RU
S
T
I
C
S
T
N
C
H
A
P
P
E
L
L
R
D
SA
N
F
E
L
I
P
E
R
D
LEGEND
CHAPPELL ROAD
MASTER PLAN AREA
EVERGLEN PROJECT
AREA
EVERGLEN PARK
AREA
NORTH GATEWAY
COMMERCIAL AREA
PROPOSED FRONTAGE
GREENWAY
FUTURE
NEIGHBORHOOD PARK
LOW DENSITY
RESIDENTIAL AREA
LANDSCAPE ARCHITECTUREPage 445 of 567
2 EVERGLEN PARK | 5956.21
SITE ANALYSIS
WIND COMING FROM
THE WEST MAJORITY
OF THE YEAR.
HIGHWAY 25 TRAFFIC
INCREASES NOISE AND
SAFETY CONCERNS.
NEEDS SOME BARRIER.
NEIGHBORING
RESIDENTIAL AREA.
N
A
B
A
B
AVIEWS LOOKING
OUTWARDS
TOWARDS THE
SURROUNDING
HILLS.
MOSTLY LARGE,
FLAT SITE.
NEEDS FURTHER
EXAMINATION.
LEGEND
VIEWS
NOISE
WIND
HIGHWAY 25
OPPORTUNITIES
ARTERIAL ROAD
B
CONSTRAINTS INVENTORY ITEMS
EVERGLEN PARK
AREA
EVERGLEN PARK AREA
KICKS OFF PROPOSED
FRONTAGE GREENWAY
IN THE CENTER.
A
A
A
B
A
B
A
A
A
B
FUNCTIONING
AGRICULTURAL LAND.
C
LAND FOR FUTURE
RESIDENTIAL
DEVELOPMENT.
D
EXISTING COMMERCIAL
DEVELOPMENT.
E
LAND FOR FUTURE
COMMERCIAL
DEVELOPMENT.
F
COLLECTOR ROADS
PROJECT SITE
C
D
D
F
E E
A
LANDSCAPE ARCHITECTUREPage 446 of 567
1 2
3 4
5 8
6 1
2 3
4 5
8 6
3 EVERGLEN PARK | 5956.21
CONCEPT
SEATING AREA WITH
PLANTING2
2 NATIVE WILDFLOWER
HYDROSEED AREA
5 ORNAMENTAL PLANTING
AREA
8 MEANDERING PATH1 PICNIC AREA WITH
PLANTING
3 POLLINATOR GARDEN6
NATURALIZED
LANDSCAPING
9 CLEAR VIEW METAL FENCE4
DOG PARK WITH BARK
MULCH AND BLACK VINYL
FENCING
7 5
1 3
4 6
7 8
9 LANDSCAPE ARCHITECTUREPage 447 of 567
LANDSCAPE ARCHITECTURE
HMHLASTUDIO.COM 408.487.2200
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total 1 Park Area Rough and Finish Grading
A Streetscape/ Common Area - Rough Grading to +/- 0.2 FT BELOW Engineer-designed Landscaping/ Concrete Flatwork Finish Grade Elevation (Prior to Installation of Concrete Flatwork, Concrete Hardscape, Site Furnishing Items etc. including import from or export to an onsite dirt stockpile area) 1 LS $14,558.00 $14,558.00 1 LS $14,558.00 $14,558.00
B Streetscape/ Common Area - Finish Grading to +/- 0.2 FT from Engineer-designed Landscaping/ Concrete Flatwork Finish Grade Elevation (After complete installation of Concrete Flatwork, Concrete Hardscape, Site Furnishing Items etc. including import from or export to an onsite dirt stockpile area)
1 LS $2,930.00 $2,930.00 1 LS $2,930.00 $2,930.00
Park Area Rough and Finish Grading Total:$17,488.00 $17,488.00 2 Park Area Landscaping
A Fine Grading of Park Area ("P.A.") prior to Soil Amendment Work 1 LS Included Included 1 LS Included Included B Import & Export to balance P.A.1 LS Included Included 1 LS Included Included C Import & Place Top Soils per Bid Set Plans and Specifications (If applicable!)1 LS Included Included 1 LS Included Included D Landscape Soil Preparation & Amendment per Bid Set Plans and Specifications 16,646 SF $0.25 $4,161.50 16,646 SF $0.25 $4,161.50 E Furnish and complete installation of Landscaping Material including, but not limited to, all trees shown on the plans, including but not limited to Shrubs, Vines, Landscaping rocks, including Landscape-related Components such as Tree Stakes, Root Barriers, Vines,.... etc., per the Bid Set Plans and Specifications.
1 LS $28,555.00 $28,555.00 1 LS $28,555.00 $28,555.00
E.1 15 Gallon 51 EA Included Included -51 EA $180.00 ($9,180.00) F All Ornamental Planting areas shall receive 2" of Landscape Rock Mulch . Rock Mulch shall shall be 3/8" - 3/4" back and white from site siteone landscape supply or like alternative to be approved by the landscape Architect and Developer. 8667 SF 91 YDS $275.00 $25,025.00 91 YDS $275.00 $25,025.00
G Furnish and complete installation of Header Board per the Bid Set Plans and Specifications, if any 1 LS Included Included 1 LS Included Included H Furnish and complete installation of hydroseeding per the Bid set plans and specifications 26,765 SF $0.16 $4,282.40 26,765 SF $0.16 $0.00 I Post-installation Maintenance prior to Final Acceptance of the Work by the City of Hollister . If Maintenance exceeds the 12 months, unit cost will be applied for the additional months extension
24 Mos.$600.00 $14,400.00 24 Mos.$600.00 $14,400.00
Park Area Landscaping Total:$76,423.90 $62,961.50
3 Park Planting Area Only Irrigation System
A All Irrigation Sleeves located within the Streets Back-of-curb to Back-of-curb are furnished and installed by others 0 LS Excluded Excluded 0 LS Excluded Excluded Everglen Park landscaping plans, prepared by HMH, (the ‘Landscape Architect’), dated March 2024 Per March 2024 drawings With Additional itmes Park landscaping and Irrigation Work
Everglen, Hollister, CA
1 of 5
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total Everglen Park landscaping plans, prepared by HMH, (the ‘Landscape Architect’), dated March 2024 Per March 2024 drawings With Additional itmes Park landscaping and Irrigation Work
Everglen, Hollister, CA
B Furnish & install other irrigation sleeves and miscellaneous apprutenances needed for your portion of the work 1 LS Included Included 1 LS Included Included C Furnish and complete installation of an "operational" Irrigation System including, but not limited to the furnishing and complete installation of the followings: Trenching, excavation, backfilling, irrigation water mains, branch irrigation lines (laterals), quick coupling valve lines, back-flow prevention unit including back-flow device test/ certification, back-flow prevention enclosure (if any is required), master valve, two wire decoder grounding, tree bubbler , flow sensor, rain sensor, automatic irrigation controller( powered by Solar/ Electricity), automatic irrigation controller enclosure, remote control valves, electrical power distribution system to automatic control valves, connection of power supply at the electrical panel located in the building utility closet/ garage/ meter pedestal, terminating/ landing wires on electrical meter panel, gate valves, quick coupling valves, flushing lines, testing mains and sprinkler heads, hydrostatic pressure test(s) and any other irrigation components not specified herein but is necessary to be included as part of the irrigation work to deliver a complete and operational irrigation system per the Bid Set Plans and Specifications. 1 LS $41,308.00 $41,308.00 1 LS $41,308.00 $41,308.00
Park Area Irrigation System Total:$41,308.00 $41,308.00 4 Park Area Furnishing and Specialty/Amenities :
A All Costs in association with Furnishing and Installation of Structural Concrete Spread and/or Drilled Pier Footings, and Concrete Pads / Seperartor band cobble stone including, but not limited to Excavation, Sub-grade Preparation, Compaction and Backfill as well as Compacted Placement of Subbase and/or Baserock (Class II AB) and / or for Items listed below which required Concrete Footings/ Pads to be installed, and All Costs in association with Excavation, Sub-grade Preparation, Subgrade Compaction, Compacted Placement of Sand Bedding, Subbase and/or Base Rock (Class II AB or Others being outlined in the Plans and Specifications) and Backfill for Items listed below which do not require Concrete Footings/ Pads to be installed as well as All Costs in association with Relocation of Dirt generated from Excavation to an designated Onsite Dirt Stockpile Area shall be included. No extra will be allowed. No exception!
1 LS Included Included 1 LS Included Included
B Dog Park Area With Decomposed Area 6,882 SF $6.00 $41,292.00 6,882 SF $6.00 $41,292.00 C Remaining Decomposed Areas per detail A/ L2.1 7,642 SF $6.00 $45,852.00 7,642 SF $6.00 $45,852.00 D ADA Picnic with Concrete footings 1 EA $5,200.00 $5,200.00 1 EA $5,200.00 $5,200.00 E Picnic Area with Concrete footings 3 EA $5,500.00 $16,500.00 3 EA $5,500.00 $16,500.00 F Benches with Concrete footings 11 EA $1,730.00 $19,030.00 11 EA $1,730.00 $19,030.00 G Pet Waste Station 1 EA $240.00 $240.00 1 EA $240.00 $240.00 H Litter Receptacle 4 EA $1,645.00 $6,580.00 4 EA $1,645.00 $6,580.00 I Recycling Receptable 4 EA $1,645.00 $6,580.00 4 EA $1,645.00 $6,580.00 2 of 5
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total Everglen Park landscaping plans, prepared by HMH, (the ‘Landscape Architect’), dated March 2024 Per March 2024 drawings With Additional itmes Park landscaping and Irrigation Work
Everglen, Hollister, CA
J Concrete header per details A & B / L 2.1 includes but not limited to concrete , rebar , and AB 1,645 LF $20.00 $32,900.00 1,645 LF $20.00 $32,900.00 K Aluminum header per detail C / L 2.1 470 LF $33.00 $15,510.00 470 LF $33.00 $15,510.00 Park Area Furnishing and Specialty/Amenities Items Total:$189,684.00 $189,684.00 5 Wall & Fencing Work within the Park per the landscaping plans A 6' Metal Fence - Ameristar 4 rail panels Echelon plus - Black 290 LF $186.00 $53,853.86 290 LF $186.00 $53,853.86 B Metal Fence w. Puppy Panel @ Dog Park Area - Ameristar 4 rail panels Echelon plus - Black 123 LF $207.00 $25,530.20 123 LF $207.00 $25,530.20 C 6' Galvanized Chain link fence with curb @ Dog Area - Black Coated 1 LS Included Included 1 LS Included Included D 6' Galvanized Chain link fence @ Dog Area - Black Coated 359 LF $124.00 $44,516.00 359 LF $124.00 $44,516.00 E 6' Galvanized Chain link Gate - Black Coated 12 LF $124.00 $1,488.00 12 LF $124.00 $1,488.00 Wall & Fencing Improvement Work Total:$125,388.06 $125,388.06 6 Additional Improvement cost requested by the City
A Sod 26,765 SF $3.00 $80,295.00
B 24" Trees 51 EA $280.00 $14,280.00
C 36" Trees if needed 51 EA $1,000.00
Cost Estimate - Additional Improvement cost requested by the City $0.00 $94,575.00 Park Area Rough and Finish Grading $17,488.00 $17,488.00 Park Area Landscaping $76,423.90 $62,961.50
Park Area Irrigation System $41,308.00 $41,308.00
Park Area Furnishing and Specialty/Amenities $189,684.00 $189,684.00 Wall & Fencing Work within the Park per the landscaping plans $125,388.06 $125,388.06 Additional Improvement cost requested by the City $0.00 $94,575.00 GRAND TOTAL:$450,291.96 $531,404.56
3 of 5
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total Everglen Park landscaping plans, prepared by HMH, (the ‘Landscape Architect’), dated March 2024 Per March 2024 drawings With Additional itmes Park landscaping and Irrigation Work
Everglen, Hollister, CA
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A Park Design ($7500 Additional Cost to redisign if Sod replaces hydroseed)1 LS $18,500.00 $18,500.00 1 LS $26,000.00 $26,000.00 B Park Survey 1 LS $7,500.00 $7,500.00 1 LS $7,500.00 $7,500.00 Park Designer and Surveyor - HMH $26,000.00 $33,500.00
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A Remove existing irrigation pipe 1 LS $10,000.00 $10,000.00 1 LS $10,000.00 $10,000.00 B Import Dirt - Raise site average 4' - Total SF Area is 56,536 SF (INCLUDED)8,376 CY $0.00 $0.00 8,376 CY $0.00 $0.00 C Park Finish grading 56,536 SF $0.15 $8,480.40 56,536 SF $0.15 $8,480.40 Grading Subcontractor - Trinchero Construction $18,480.40 $18,480.40 Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A 1" Irrigation Service 1 EA $1,935.00 $1,935.00 1 EA $1,935.00 $1,935.00 Wet Subcontractor - Trinchero Construction $1,935.00 $1,935.00 Park Designer and Surveyor - HMH
Grading Subcontractor - Trinchero Construction
Wet Subcontractor - Trinchero Construction
4 of 5
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total Everglen Park landscaping plans, prepared by HMH, (the ‘Landscape Architect’), dated March 2024 Per March 2024 drawings With Additional itmes Park landscaping and Irrigation Work
Everglen, Hollister, CA
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A Furnish and Install Tan Dry Retaining wall with Caps - One Side average 4.9' x 131 . Other Side 2.4' x 131 956 SF $53.59 $51,248.12 956 SF $53.59 $51,248.12 B Fence Post @ 6' OC . Total LF is 262 44 EA $54.06 $2,360.62 44 EA $54.06 $2,360.62 Retaining Wall Subcontractor - TLC $53,608.74 $53,608.74 Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A Fence at Top of Retaining Wall 262 LF $21.75 $5,698.50 262 LF $21.75 $5,698.50 Fence Subcontractor - TBD $5,698.50 $5,698.50
Item Description Quantity Unit Unit Price Total Quantity Unit Unit Price Total A Park Meter Pedestal 1 EA $5,457.50 $5,457.50 1 EA $5,457.50 $5,457.50 Dry Utility Subcontractor - Seatec $5,457.50 $5,457.50
Retaining Wall Subcontractor - TLC
Fence Subcontractor - TBD
Dry Utility Subcontractor - Seatec
5 of 5
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Parks & Recreation-2024-07
AGENDA ITEM: WILLOW LANDING PUBLIC PARK ACCEPTANCE
DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Tina Garza, Interim Parks & Recreation Director STAFF CONTACT: Tina Garza, Interim Parks & Recreation Director
RECOMMENDED ACTION: Adopt a resolution approving the park design of Willow Landing Public Park as submitted by Tri Pointe Homes and recommended by the City of Hollister Parks and Recreation Commission at their July 8, 2024, special meeting.
DISCUSSION: On July 8, 2024, the City’s Parks and Recreation Commission held a Special Meeting to review and make recommendations for the Willow Landing Public Park concept design. Following a presentation from the developer, the Commission voted unanimously to recommended that City Council consider and approve the presented park design with a single alteration involving the substitution of several, larger 24" box trees into the planned landscape. The Commission’s consensus on this change is that mature trees will grow significantly faster, thus providing natural shade for residents and visitors using the park.
Willow Landing Park is a 2.06-acre site adjacent to Hollister Dual Language Academy along Santa Ana Road. The park’s final design includes construction and installation of a full-court basketball court, a 42" chain-link fence, bike racks featuring a bike repair station, a concrete entrance walkway, decomposed granite walking paths, a shade structure, picnic tables, dog waste stations, and a walking path with exercise stations, and an all-inclusive play structure with a shade canopy and artificial turf flooring.
The park will complement the Willow Landing Subdivision which proposes a total of 144 single family detached and duet units. The Planning Commission approved Vesting Tentative Map 2021-2, Conditional Use Permit 2021-8 for a Planned Unit Development, and Site & Architectural Review 2021-8 for the project on October 28, 2021.
The City Council provides the final design acceptance for public parks within the City of Hollister. The City has established a Park Impact Fee to account for the costs of dedicating land and construction of parks at a ratio of 5 acres of park per 1,000 persons.
The current park impact fee is $15,520.47 per residential unit. Any costs associated with the dedication and construction of the park by the developer would be deducted from impact fees owed to the City. The current park design has been developed in consideration of the anticipated impact fees which would have otherwise been collected by the City as the budget for future park land dedication and construction costs.
FISCAL IMPACT: Approval of a final park design for Willow Landing Public Park will have no fiscal impact to the City’s General Fund as the dedication of land and construction of the park is funded by the developer in lieu of the City’s direct collection of park development impact fees. Impact fees are collected prior to issuance of the final
occupancy certificate for each home. The current park impact fee for developments such as this is $15,520.47 per single family unit. In the event that final construction costs of the park are less than the total of allowable park impact fees, the developer will pay the difference in cost to the City as the park impact fee for the project.
PREVIOUS COUNCIL OR COMMISSION ACTION:
October 28, 2021 – The City of Hollister Planning Commission approved Vesting Tentative Map, Conditional Use Permit for a Planned Unit Development, and Site & Architectural Review for the Willow Landing (formerly Avalon Village) Subdivision.
July 8, 2024 - The City of Hollister Parks and Recreation Advisory Commission approved moving a final Willow Landing Park design forward to the City Council for final approval.
CEQA: Approval of this park design does not constitute a project under CEQA. A Mitigated Negative Declaration was prepared for the Willow Landing Subdivision. CEQA documents are on file with the City’s Community Development Department.
ATTACHMENTS:
1. Resolution
2. Willow Landing Public Park Presentation
3. Park Budget
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE FINAL CONCEPT DESIGN FOR THE WILLOW
LANDING PUBLIC PARK
WHEREAS, on July 8, 2024, the City of Hollister Parks and Recreation Advisory Commission held a Special Meeting to review and make recommendations for the Willow Landing Public Park concept design; and
WHEREAS, the Commission recommended by a 3-0 vote that the City Council approve the park design with a single alteration to plant 24” box trees, by the standards established by the City for tree planting; and
WHEREAS, the City Council received the recommendation from both the Parks and Recreation Advisory Commission and staff regarding the Willow Landing Public Park design at the regular meeting of August 6, 2024; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the final concept design for the Willow Landing Public Park inclusive of the recommended modification of utilizing 24” box sized trees.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 20__-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on ______, 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 on ______, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Willow Landing Park
Hollister
Prepared by
Ripley Design Group, Inc.
ITEM Qty.Unit Price Total
LANDSCAPING
Fine grading/soil prep 75,074 S.F.
Fir Bark 75,074 S.F.0.67 $50,299.58
1 gallon Shrubs each 9.75
5 gallon Shrubs each 19.25
24" Box each 295.00
SUBTOTAL:
AUTOMATIC IRRIGATION
Irrigation Valves, Piping, Heads 75,075 S.F. 2.25 $168,918.75 Irrigation Controller 1 each 3,500.00 $3,500.00
Irrigation Backflow Preventor 1 each 2,000.00 $2,000.00 Irrigation Backflow Enclosure 1 each 1,000.00 $1,000.00 SUBTOTAL:$175,418.75
CONSTRUCTION
Concrete Paving 3,120 S.F. 10.00 $31,200.00
Decomposed Granite 4,626 S.F. 8.00 $37,008.00
Chain Link Fence 200 L.F. 50.00 $10,000.00
Corral/Split Rail Fence 654 L.F.18.00 $11,772.00
Seatwall L.F. 150.00
SUBTOTAL:
SITE FURNITURE
Benches 11 allow 1,800.00 $19,800.00
Picnic Tables 4 allow 2,500.00 $10,000.00
Trash Receptacles 1 allow 3,700.00 $3,700.00
Pet Waste Station 1 allow 900.00 $900.00
Drinking Fountain 1 allow 5,000.00 $5,000.00
BBQ Station 2 allow 675.00 $1,350.00
Bicycle Repair Station 1 allow 6,750.00 $6,750.00
Bicycle Rack 3 allow 400.00 $1,200.00
SUBTOTAL:$48,700.00
PLAYGROUND
5-12 Play Structure 1 allow 80,650.00 $80,650.00
Melody Chimes 1 allow 11,110.00 $11,110.00
Beat Club Drums 1 allow 4,620.00 $4,620.00
Inclusive Whirl Spinner 1 allow 26,090.00 $26,090.00
Basketball Court 5,647 S.F.4.00 $22,588.00
Basketball Hoops 2 allow 6,000.00 $12,000.00
7-18-24
0.50 $37,537.00
380
409
$3,705.00
$7,873.25
$15,930.0054
$115,344.83
Shade Trellis 1 each $45,000.0045,000.00
150 $22,500.00
$157,480.00
Concrete Curb 175 L.F 15.00 $2,625.00
Tot Turf 2,087 S.F.25.00 $52,175.00
SUBTOTAL:$211,858.00
TOTAL:$708,801.58
Labor (25%):$177,200.40
10% Contingency:$88,600.20
GRAND TOTAL:$956,882.13
Willow Landing
Public Park
June 24, 2024
2 Willow Landing Location
3 Willow Landing Site Plan
Planned Unit Development for 116 Single Family & 28 Duet, Multi-Family Lots Including a 2.06 Acre Park Site
Preliminary Park Details
TRI POINTE HOMES Willow Landing
H o l l i s t e r, C a l i f o r n i a
June 20, 2024
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
FAX: 925.9387436 L2
BBQ
BICYCLE REPAIR STATIONU BIKE RACK
SHADE STRUCTURE PICNIC TABLE/ADA PICNIC TABLE
BENCH
DOG WASTE STATION
TRASH RECEPTACLEDRINKING FOUNTAIN
BASKETBALL COURT
Preliminary Park Details
TRI POINTE HOMES Willow Landing
H o l l i s t e r, C a l i f o r n i a
June 20, 2024
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
FAX: 925.9387436 L3
PLAYGROUND RENDERINGS
PLAYGROUND TILE SURFACE
Preliminary Park Details
TRI POINTE HOMES Willow Landing
H o l l i s t e r, C a l i f o r n i a
June 20, 2024
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
FAX: 925.9387436 L3
TIGER TURF
SYNTHETIC PLAYGROUND TURF
PLAYGROUND RENDERINGS
INCLUSIVE IN-GROUND
ORBIT SPINNER
SANSA-RIMBA
PERCUSSION EQUIPMENT
TRI POINTE HOMES Willow Landing
H o l l i s t e r, C a l i f o r n i a
June 20, 2024
LANDSCAPE ARCHITECTURE
LAND PLANNING
1615 BONANZA STREET
SUITE 314
WALNUT CREEK, CA 94596
TEL: 925.938.7377
FAX: 925.9387436 L3
‘’
‘’
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Public Works-2024-29
AGENDA ITEM: MONTEREY BAY AIR RESOURCES DISTRICT (MBARD) MOTOR
VEHICLE EMISSION REDUCTION GRANT PROGRAM FOR THE CITY OF
HOLLISTER EV CHARGING STATIONS
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: 1) Adopt a resolution ratifying a grant application submitted by the Public Works Department to the Monterey Bay Air Resources District (MBARD) for the AB2766 Motor Vehicle Emission Reduction Grant Program, 2) Authorize the City Manager to sign any related documents, agreements, or amendments related to the MBARD grant, and 3) Authorize the City Manager to use a cooperative purchasing process using the state awarded contract to Beam.
DISCUSSION: City Public Works staff submitted a grant application to Monterey Bay Air Resources District. The Monterey Bay Air Resources District Board (MBARD) re- authorized the AB2766 Motor Vehicle Emission Reduction Grant Program , which provides funding for various transportation related projects to reduce air pollution in the region. The deadline for applications was August 2, 2024, which was met by staff. There are two grant programs available 1) the Clean Air Management program which incentivizes public agencies to develop infrastructure projects such as EV charging stations, and (2) the Clean Vehicle Program, which incentivizes the purchase of zero- emissions vehicles. Staff applied.
Staff applied for the Clean Air Management program to procure two (2) Beam EV ARC 2020 units complete with BeamTraks (solar panel apparatus that powers the charging station). Currently, the City of Hollister does not own any public EV charging stations. If awarded, the total grant amount would cover the entire purchase price of two (2) Beam EV ARC 2020 units and maintenance for one year. Additionally, the City’s application includes a funding request for the desired trailer to move the mobile charging stations.
The grant request is for the maximum amount of $200,000 with an additional request of $6,333.12 to cover the cost of the ARC mobility trailer. The availability of the additional funding is dependent on the number of grant applications submitted and projects awarded.
Beam is the first and only fully autonomous, transportable, solar -powered electric vehicle charging system. The Beam systems are capable of generating and storing solar electricity to charge electric vehicles day or night and can be used as an emergency source of alternative power. The electricity produced is clean and renewable ; reducing greenhouse gas emissions from electric vehicles powered from the utility grid. Beam states the device fits inside a standard parking space without reducing the number of available parking spaces and still maintains ADA compliance. Costs after the first year of purchase will be approximately $2,641.50 for the two vehicle charging devices to remain
fully operational each year; including ChargePoint (charging app), remote monitoring, and maintenance contracts. To reduce fiscal impacts on the City’s budget, funds will be generated by charging customers a nominal fee to use the chargers.
These devices can also be used to aid emergency first responders and members of the community during emergencies, as they can provide vital electricity during disasters and power outages.
FISCAL IMPACT: None at this time, but if awarded the grant, the funding will be added to the City’s budget and allocated to the purchase of the charging stations and trailer.
Ongoing costs would be funded through user fees of the chargers.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
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. Resolution
2. MBARD Grant Press Release
3. Beam EV ARC Proposal & Information
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE APPLICATION FO THE GRANT FROM MONTEREY
BAY AIR RESOURCES DISTRICT MOTOR VEHICLE EMISSION
REDUCTION GRANT PROGRAM FOR THE AMOUNT OF $200,000.00
FOR BEAM SPECIALIZED EQUIPMENT.
WHEREAS, on April 17, 2024, the Monterey Bay Air Resources District Board (MBARD) re-authorized the AB2766 Motor Vehicle Emission Reduction Grant (Grant) and will provide funding for various transportation related projects to further reduce air pollution in the region; and
WHEREAS, the Grant can be used to purchase specialized equipment to promote the Clean Air Management Program; and
WHEREAS, if awarded to the City of Hollister, Beam EV ARC 2020 devices would be purchased to provide EV vehicle charging stations and be used as a mobile emergency preparedness and energy resiliency asset; and
WHEREAS, staff applied for the Motor Vehicle Emission Reduction Grant Program and submitted the application before the deadline of August 2, 2 024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
1. Hereby ratifies the approval of the grant application for a grant from the Monterey Bay Air Resources District for the amount of $200,000 for the purchase of specialized Electric Vehicle charging systems for mobile emergency preparedness and energy resilience asset.
2. Authorizes the City Manager to execute the grant application and all other documents required of the Grant.
3. Authorizes the use of cooperative purchasing for the purchase of items associated with the Grant.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
Resolution No. 2024-XX
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Coun cil of the City of Hollister at a regular meeting held on August 6, 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 on August 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
N e w s R e l e a s e
Serving Monterey, San Benito, and Santa Cruz counties 24580 Silver Cloud Court, Monterey, CA 93940
PH: 831/647-9411 FAX 831/647-8501
Motor Vehicle Emission Reduction Grant Program
Monterey, California – May 6, 2024
On April 17, 2024, the Monterey Bay Air Resources District Board (MBARD) re-authorized the AB2766 Motor Vehicle Emission Reduction Grant Program. This year’s program provides funding for various transportation related projects to further reduce air pollution in our region. There are two grant programs available:
the Clean Air Management Program, which incentivizes public agencies to develop infrastructure projects such as:
• Multiuse Paths
• Bike Lanes
• Bicycle infrastructure including electrical charging, storage lockers, and bike racks • Electric Vehicle (EV) Charging Stations
and the Clean Vehicle Program, which incentivizes the adoption of zero-emission vehicles such as:
• Public agency EV replacement (light-, medium-, and heavy-duty vehicles) • Non-profit organization EV replacement (light-duty vehicles) • Monterey Bay EV incentive program, which includes incentives for Santa Cruz, Monterey, and San Benito County permanent residents to purchase light-duty EVs
According to Richard Stedman, MBARD’s Air Pollution Control Officer, “Oxides of nitrogen (NOx) are primary chemical compounds combined with other pollutants that produce ozone (smog). Over 60% of the total emission of NOx in our three-county jurisdiction comes from motor vehicles with the largest portion coming from medium to heavy duty diesel trucks and buses. By encouraging and incentivizing transportation related emission reduction projects, motor vehicle emissions are reduced which results in long term air quality benefits.”
All AB2766 applications are available online as of May 1 at: AB2766 Application Form
Richard A. Stedman
Air Pollution Control Officer
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Public Works-2024-30
AGENDA ITEM: COOPERATIVE PURCHASING AUTHORIZATION
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Approve a resolution authorizing the use of Cooperative Purchasing to purchase various goods from Sourcewell.
DISCUSSION: Title 3, Chapter 3.06, Article II, § 3.06.210 of the Municipal Code requires all purchases over $20,000 to be advertised for sealed bids. However, § 3.06.270 lists exceptions that include cooperative purchasing and sole source.
Sourcewell is a cooperative purchasing agency that was creat ed to assist government entities and special districts with the procurement of vehicles, equipment, supplies, construction, etc.; the City of Hollister is a member of Sourcewell. Sourcewell requests bids nationwide for all of the products and services that are available through their agency, reviews the bids, and awards a contract to the lowest responsible bidder. Therefore, the bidding requirement is met. The contracts that are awarded through this process are available to all members.
Using Sourcewell simplifies the purchase of needed vehicles, equipment, and services, saves staff time, and reduces the chance that purchases will need to be carried over into the next fiscal year, which could cause price increases and reduce productivity of staff.
With the above details in mind, Public Works requests authorization to use Sourcewell to purchase vehicles, equipment, and services for the current Fiscal Year.
The purchases requested for this Fiscal Year, listed below, are all included in the current budget:
2-Emergency back-up Generators $210,000
1-Walk behind concrete saw $11,660
1-3-ton compaction roller $21,600
1-Utility Vehicle $46,000
1-Vacuum Truck $802,147
1-Small tractor with backhoe attachment $63,800
1-Elevator Maintenance/Repair Contract $30,000
1-Fuel Delivery Contract $462,200
Many of the equipment purchases and the Fuel Contract are split between two or more Funds.
FISCAL IMPACT:
Equipment: Fund 620 $182,430, Fund 660 $949,777, Fund 670 $11,500 Fund 203 $11,500;
Elevator Contract: Fund 680 $30,000 ($150,000 five years); Fuel Contract: Fund 101 $303,550, Fund 203 $20,000, Fund 601 $20,000, Fund 620 $30,000, Fund 660 $49,500, Fund 670 $35,000, Fund 709 $3,000, Fund 712 $1,000, Fund 851 $150
FISCAL IMPACT: All items are currently included in the approved budget.
PREVIOUS COUNCIL OR COMMISSION ACTION: Approved as part of the 2024-2025 Fiscal Year Budget on June 18, 2024.
CEQA: Not considered a project.
ATTACHMENTS:
1. Resolution
RESOLUTION NO. 20__-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE USE OF COOPERATIVE PURCHASING FOR
VEHICLES, EQUIPEMNT, AND SERVICES FOR FISCAL YEAR
2024/2025.
WHEREAS, numerous items have been approved for procurement for the 2024/2025 Fiscal Year; and
WHEREAS, cooperative purchasing is a more efficient way of procuring many items necessary for the operations and maintenance of City infrastructure; and
WHEREAS, Title 3, Chapter 3.06, Article II, § 3.06.270 of the Hollist er Municipal Code lists cooperative purchasing as an exception to formal bidding requirements; and
WHEREAS, Sourcewell is a cooperative purchasing agency; and
WHEREAS, the City of Hollister is a member of Sourcewell; and
WHEREAS, Public Works desires to use Sourcewell cooperative purchasing to make purchases of vehicles, equipment, and services for items approved in the Fiscal Year 2024/2025 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:
1. Hereby approves the use of Sourcewell Cooperative Purchasing for:
2-Emergency back-up Generators
1-Walk behind concrete saw
1-3-ton compaction roller
1-Utility Vehicle
1-Vacuum Truck
1-Small tractor with backhoe attachment
1-Elevator Maintenance Contract
1-Fuel Delivery Contract; and
2. Authorizes the City Manager to execute any and all documents associated with the above purchases.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on _______, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
Resolution No. 20__-XX
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 mee ting held on ______, 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 on ______, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
REGION FIVE SERVICE COOPERATIVE BYLAWS
Public Corporation and Agency Name: SOURCEWELL
ARTICLE I
CORPORATE ESTABLISHMENT AND CORPORATE NAME
Section 1. Establishment and Name. Region Five Service Cooperative is established by law as a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling statutes provided for by the Minnesota Legislature in Minn. Stat.§ 123A.21. The name of this local government unit, public corporation and public agency, and statutory service cooperative is Sourcewell. All exercise of statutory authority, conduct of business, establishment of policies, administration of services and programs, and execution of legal documents shall be done in the corporate name, as herein established, in accordance with law and as provided for in these bylaws from the date of final adoption.
Section 2. Prior Name. Prior to adoption of these bylaws, Region Five Service Cooperative was formerly known as National Joint Powers Alliance (NJPA) and has also been historically known as Educational Cooperative Service Unit 5 and North Central Service Cooperative. All contractual and other legal obligations incurred under a prior legal name may continue in that name, but shall bind Sourcewell. Any renewal of a contractual or other legal obligation shall be made in the name Sourcewell.
Section 3. Existing Members. All Members defined by Article VI, whether Voting or Service Members, who joined Region Five Service Cooperative (Sourcewell, f/k/a NJPA, ECSU 5, NCSC) prior to the adoption of these bylaws shall retain membership status
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 unless or until modified or terminated in accordance with the terms and conditions contained in these bylaws.
ARTICLE II
GEOGRAPHICAL BOUNDARIES AND ELECTORAL DISTRICTS
Section 1. Boundaries. Pursuant to Minn. Stat. § 123A.21 Subd. 1, the geographical boundaries of Region Five Service Cooperative (Sourcewell) encompass the entirety of the Counties of Cass, Crow Wing, Morrison, Todd, and Wadena in Minnesota. Sourcewell may, in accordance with law, establish operational locations outside the geographic boundaries of Region Five in furtherance of programs, products, services or solutions authorized by law and these bylaws.
Section 2. Electoral Districts. For purposes of elections conducted pursuant to Article XII of these bylaws, the Sourcewell Board of Directors may establish electoral districts within the geographical boundaries of Region Five by majority decision. Electoral districts shall be established in a manner intended to reasonably ensure proportional representation on the Sourcewell Board of Directors. In establishing electoral districts, the Board of Directors may distinguish between elections for school board representatives and non-school board representatives. Once established, electoral districts shall be reviewed annually by the Board of Directors no later than thirty (30) days prior to the opening of nominations for election. The Board of Directors may, in its sole discretion, confirm, modify or eliminate electoral districts from time-to-time in accordance with law and these bylaws.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 ARTICLE Ill
LEGAL ADDRESS AND SERVICE OF PROCESS
Section 1. Address. The legal address of Sourcewell is:
Sourcewell
202 12th Street Northeast
P.O. Box 219
Staples, Minnesota 56479
The primary legal offices of Sourcewell shall be located at this address.
Section 2. Service of Process. Service of process shall be made in accordance with the procedural rules governing the action initiated by the pleadings or papers served. The Executive Director, or designee, may accept service of process in any manner allowed by the procedural rules governing the action initiated by the pleadings or papers served.
ARTICLE IV
FISCAL YEAR AND AUDITS
Section 1. Fiscal Year. The fiscal year for Sourcewell shall commence on July 1 st and end on June 30th of each year.
Section 2. Audits. Sourcewell shall conduct annual audits pursuant to Minnesota law and in accordance with recognized best accounting practices.
ARTICLE V
PUBLIC PURPOSE
Section 1. Purpose. Consistent with Minn. Stat. § 123A.21 Subd. 2, the primary purpose of Sourcewell is to provide statutorily authorized programs, products, services, and solutions to assist in meeting the specific needs of members which they may not be able to provide for themselves alone. Sourcewell shall provide programs, products, services, and solutions which are determined to meet priority needs of its members and
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 shall assist in meeting special needs which arise from fundamental constraints upon individual members. No earnings or interest of the Sourcewell may inure to the primary benefit of any individual person or private entity.
ARTICLE VI
MEMBERSHIP AND PARTICIPATION
Section 1. Two Forms of Membership; Participation. Pursuant to Minnesota Statute §123A.21, subdivision 2, membership in Sourcewell shall take two (2) forms: (i) Full voting Governance members (hereinafter referred to as "Voting Members"); and (ii) Participant Service members (hereinafter referred to as "Service Members"). Additionally, pursuant to Minnesota Statutes §123A.21, subdivision 5(g) & U) and §471.59, Sourcewell may allow and provide for non-member Participating Entities (hereinafter "Participating Entities").
Section 2. Voting Members. Voting Members are those school districts, cities, counties, and other governmental units located within the geographic boundaries of Region Five who have chosen to initiate voting membership in Sourcewell in accordance with Section 4 of this Article for purposes of obtaining governance rights and participation in and access to programs, products, services, and solutions provided by Sourcewell.
Section 3. Service Members. Service Members are school districts, cities, counties, and other governmental units, as well as nonpublic school administrative units and nonprofit agencies or organizations, regardless of geographic location, who have chosen to initiate membership in Sourcewell in accordance with Section 4 of this Article for purposes of participating in and receiving programs, products, services and solutions provided by Sourcewell. Service Members do not have governance rights, do not incur
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 the obligations of Voting Members, do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 4. Participating Entities. A Participating Entity is any public or private agency, institution, postsecondary educational institution, nonprofit corporation, business, industry or governmental unit, as defined by Minnesota Statutes§ 471.59, that may not otherwise strictly qualify for membership. Participating Entities do not have governance rights, do not incur the obligations of Voting Members and do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 5. Initiating Membership and Participation. Membership or participation in Sourcewell is initiated as follows:
a.Voting Membership. Any qualifying potential voting member may join Sourcewell by forwarding a duly adopted resolution of its governing body to the attention of the Executive Director by hand-delivery, e-mail, or U.S. mail. Upon receipt of such resolution, and appropriate and proper verification of the same, the Executive Director of Sourcewell shall cause the resolution to be placed on the agenda of the next regular meeting of the Sourcewell Board of Directors for consideration and approval, provided that such approval shall not be unreasonably withheld. The effective date of voting membership shall be the date of approval by the Sourcewell Board of Directors of the resolution initiating membership.
b.Service Membership and Participation. Any qualifying potential Service Member or Participating Entity may join Sourcewell by complying with the service membership or participation policy or policies established by majority
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 vote of the Sourcewell Board of Directors for purposes of accessing programs, products, services and solutions provided by Sourcewell.
Section 6. Membership and Participation Policies. Consistent with these bylaws, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures governing terms and conditions of membership for Voting Members, Service Members, and Participating Entities. With respect to each program, product, service or solution, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures regulating access to such programs, products, services and solutions, including the cost thereof. Voting Members shall be eligible to access and participate in, and may not be excluded from, any program, product, service or solution offered by Sourcewell, unless otherwise prohibited by law. With respect to Service Members and Participating Entities, the Sourcewell Board of Directors may differentiate policies on the basis of need, geography, particular membership constituencies, or any combination thereof.
Participation in programs, products, services and solutions is discretionary as to all Members and Participating Entities.
Section 7. Withdrawal from Membership. Members may withdraw from membership as follows:
a.Voting Member Withdrawal. A Voting Member may withdraw its membership from Sourcewell by a duly adopted resolution of its governing board and upon compliance with any Membership Agreement or applicable membership policies. The withdrawal shall be effective on June 3Q1h following receipt of the member's withdrawal resolution by e-mail, hand-delivery, and/or U.S. mail. Any
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 such withdrawal is subject to these bylaws, and any terms and conditions of membership established by contract or policy existing at the time of withdrawal. b.Service Member and Participating Entity Withdrawal. Service Members and Participating Entities may withdraw from Sourcewell in accordance with the policies established by the Sourcewell Board of Directors. Any such withdrawal is subject to these bylaws, and any terms and conditions established by contract or policy existing at the time of withdrawal. No withdrawing Service Member or Participating Entity is entitled to a distribution of any assets or other payment because of withdrawal.
c.Obligations of Voting Members Upon Withdrawal. Upon withdrawal, a Voting Member is obligated for the share of expenses (if any) already certified to the withdrawing member for the fiscal year in which withdrawal occurs, as well as a pro-rated refund of any amounts paid toward general operations and overhead for the same fiscal year. If the certified expenses exceed the pro rated refund, the withdrawing member is obligated to pay the difference. In no event shall a withdrawing Voting Member be entitled to a refund greater than the amount paid in for the fiscal year in which withdrawal occurs. In no event shall a withdrawing Voting Member be entitled to a refund of any amounts paid during prior fiscal years. No withdrawing Voting Member shall be entitled to a distribution of any assets.
d.Dissolution. Upon dissolution, only Voting Members existing at the time of dissolution are responsible for any proportionate share of expenses and entitled asset distributions, as provided by Minnesota Statutes §123A.21,
DocuSign Envelope ID: EE8C07D1-4FE3-4B22-93E9-CBFEB6482216 subdivision 9, and §123A.24, subdivisions 1 and 2, as may annually be allowed or assessed by Sourcewell's Board of Directors.
ARTICLE VII
FINANCIAL SUPPORT FROM VOTING MEMBERS
Section 1. Financial Support. Financial support for operational and capital expenses and programs, products, services and solutions shall first be provided from revenue generating operations, as well as any supplementing private, state, or federal financial support as may be available. The Sourcewell Board of Directors may, in each fiscal year, for the purpose of meeting all or a portion of estimated operational and capital expenses, assess and certify to each Voting Member, their proportionate share of such projected expenses. To the extent practicable, this share shall be based upon the extent of participation by each Voting Member and shall take the form of an annual service fee.
Each Voting Member shall remit its assessment to the Board of Directors as determined by the Board of Directors. Any certified and assessed fee shall not cause a Voting Member to exceed its maximum levy limitations set forth by law for the applicable fiscal year. Nothing in this section shall require the Board of Directors to certify and assess fees in any given fiscal year.
Section 2. Service Contracts. Nothing in this section shall limit the ability of the Board of Directors to enter or authorize contracts for purposes of delivering services or shared services and negotiating reasonable contractual costs for the same separately with Voting Members.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216
ARTICLE VIII
RIGHTS AND OBLIGATIONS OF MEMBERS
Section 1. Rights and Obligations of Voting Members. Voting Members are entitled to nominate eligible persons to serve on the Sourcewell Board of Directors. Voting Members are eligible to participate in elections for Board of Directors. Voting Members are responsible for any proportionate share of expenses and are entitled to asset distributions upon dissolution. Except as may otherwise be provided by law, at their discretion, Voting Members are entitled to participate in programs, products, services and solutions provided by Sourcewell without limitation, but subject to the terms and conditions of participation established by policy or policies of the Board of Directors.
Section 2. Rights and Obligations of Service Members and Participating Entities.
Service Members and Participating Entities shall not nominate anyone to serve on the Sourcewell Board of Directors. Service Members and Participating Entities may not vote in elections or on any matters of Sourcewell governance. Service Members and Participating Entities are not responsible for any proportionate share of expenses and are not entitled to asset distributions upon dissolution. Participation in programs, products, services and solutions by Service Members and Participating Entities may be limited by the terms and conditions of applicable contracts and Sourcewell policies.
ARTICLE IX
GOVERNANCE
Section 1. Governing Board. The care, management, and control of Sourcewell shall be vested in a Board of Directors, composed of eight (8) members elected by the Voting Members, in accordance with law and these bylaws. Six (6) directors of the Board of
DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 Directors shall be current school board members from school districts which are also Voting Members of Sourcewell located within Region Five. Two (2) directors of the Board of Directors shall be individuals from the current governing bodies of cities, counties, and other governmental units as defined in Minn. Stat. § 471.59, which are also Voting Members of Sourcewell located within Region Five.
Section 2. Ex Officio Members to the Board. The Sourcewell Board of Directors may, at its discretion, appoint up to three (3) individuals to its Board of Directors as nonvoting ex officio members for purposes of advisory participation from a cross section of Voting Members. If one (1) such individual is appointed, then the individual shall be a current Superintendent from a Voting Member school district. If two (2) such members are appointed, then one (1) shall be a current Superintendent from a Voting Member school district and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 123A.21, which is also a current Voting Member. If three (3)such members are appointed, then two (2) shall be current Superintendents from Voting Member school districts and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, which is also a Voting Member. The term of any appointed ex officio, nonvoting member shall be two (2) years.
Section 3. Representative Assembly. A Representative Assembly is created as provided in this section. The Sourcewell Representative Assembly purpose is to increase the representative input of Voting Members in the development of programs, products, services, and solutions offered by Sourcewell. Each Voting Member shall be entitled to select two (2) current members of its governing body to serve on the Representative
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Assembly. Appointment shall be made by the governing board of the Voting Member and shall be communicated to the Sourcewell Executive Director on an annual basis. Each Voting Member governing body may designate alternates for each representative on the Representative Assembly and notify the Executive Director of the alternates. The Board of Directors Chairperson and the Clerk to the Board of Directors shall serve as chairperson and clerk to the Representative Assembly.
ARTICLE X
THE REPRESENTATIVE ASSEMBLY MEETINGS AND
ANNUAL REPORT AND PLAN
Section 1. Meetings. The Representative Assembly shall meet at least once per year.
Such meetings are intended to meet the requirements of Minn. Stat. § 123A.21, Subd.
10.An agenda shall be sent to each Voting Member at least ten (10) days prior to the annual meeting. All matters to be acted thereon shall be submitted in writing to the Sourcewell Executive Director no later than fifteen (15) days prior to such meeting. To the extent practicable, matters submitted in the form of a resolution shall appear on the agenda in the form prepared and proposed. All actions of the Representative Assembly shall be final upon subsequent ratification and approval by the Sourcewell Board of Directors.
Section 2. Annual Report and Plan. Consistent with Minn. Stat. § 123A.21, Subd. 5(i) and 7, the Board of Directors shall submit an annual report and plan to the Voting Members by September 1 51 . The report and plan should contain an evaluation of the effectiveness of programs, products, services, and solutions provided to Voting Members during the preceding fiscal year. The report and plan may identify the programs, products,
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 services, and solutions which are recommended for implementation during the following year and may contain components of long-term planning. As often as practicable, the Annual Report shall be prepared and submitted in conjunction with a meeting of the Representative Assembly.
ARTICLE XI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers of the Board. The Sourcewell Board of Directors has all powers provided for by law, including but not limited to, the authority to:
a.Exercise all powers enumerated in Minn. Stat. § 123A.21, specifically, Minn.
Stat. § 123A.21, Subd. 7;
b.Delegate to the Sourcewell Executive Director, or his or her designee, all powers, authority, responsibilities and duties as it deems necessary and proper;
c.Provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise;
d.Establish an annual budget for each fiscal year;
e.Approve the use of administrative fees for any purpose allowed by law; f.Certify and assess fees in accordance with law and these bylaws; g.Hire an Executive Director, set compensation and provide employment benefits to the same;
h.Employ personnel as necessary to support general operations and the programs, products, services, and solutions offered by Sourcewell and to set compensation and provide employment benefits to the same;
DocuSign Envelope ID: EE8C0701 -4FE3-4B22-93E9-CBFEB6482216 i.Make application for, accept, and expend private, state, and federal funds that are available for programs of the members;
j.Accept gifts and donations for the benefit of the public corporation and agency, subject to limitations imposed by law;
k.To acquire real and personal property for the benefit of this public corporation and agency and its members;
I.To prosecute, defend or settle all actions and claims in courts of law and other legal forums;
m.To appoint special advisory committees composed of superintendents, central office personnel, building principals, teachers, parents, laypersons, and representatives from cities, counties and other government agencies; n.To enter into contracts with school boards of local education agencies, including school districts outside of the geographic boundaries of Region Five; o.To enter into joint powers contracts and relationships with other qualifying entities in Minnesota and throughout the United States; p.To enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed upon programs and services;
q.To establish cooperative, working relationships, and partnerships with post secondary educational institutions, other public agencies, business, and industry and may appoint special and advisory committee representative of these partners;
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 r.To procure insurance against liability of the public corporation and agency, as well as its directors, officers, employees, and agents. s.To join governmental, joint powers, pooled risk organizations, as provided for by Minn. Stat. § 471.59;
t.To employ qualified professionals, including but not limited to, attorneys, accountants, and other consultants;
u.To select advisory councils or committees to give advice and counsel to the Board of Directors comprised of representatives from public and non-public schools, cities, counties, and other governmental units, as well as representatives from strategic business partners.
v.To the extent possible, make technical assistance for long term planning available to Voting Member government agencies upon request and shall establish a common base for local and regional decision-making.
Section 2. Duties of the Board. The Board of Directors shall exercise all powers in a manner necessary to carry out all duties imposed upon it by law.
Section 3. No Limitation on Authority. Article XI shall not be construed as a limitation on any authority of the Board of Directors provided by law.
Section 4. Contracting Authority; Delegation. The Board of Directors is the contracting authority for Sourcewell. This authority may be delegated in accordance with Minnesota law.
ARTICLE XII
ELECTIONS OF THE BOARD OF DIRECTORS
Section 1. Terms of Office; Vacancies. Members of the Sourcewell Board of Directors
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 are elected to four (4) year terms. A schedule of terms of office for each director seat shall be maintained at the legal offices for Sourcewell and be available for public inspection.
Members shall begin their term in February following the election and qualification to office, and shall serve until a successor is elected and qualified. A vacancy on the Board of Directors which results in an unexpired term may be filled by appointment of the Board of Directors. The duration of any such appointment shall be until the next annual election during which the seat is scheduled for election. An election, following appointment, shall be for the unexpired term of office and no vacancy filled by appointment shall cause any established term of office to be extended.
Section 2. Nominations for Candidacy. Nominations for candidacy must be filed with the Sourcewell Executive Director no more than forty-five (45) days, nor less than twenty (20)days, prior to the announced election at which any director is to be elected to the Board of Directors. Each candidate shall be nominated by a petition signed by a majority of the governing body of the Voting Member. All persons nominated must be currently elected officials. The petition shall identify the Voting Member entity from which a candidate has been nominated, the name of the candidate, and a brief description of the candidate's background, experience, and qualifications.
Section 3. Timing and Administration of Elections. Elections shall occur annually after the second Tuesday in November, but no later than January 151h , provided that only two (2)seats shall be up for election at once. The Board of Directors shall cause the election ballots to be printed for election to the Board of Directors and cause the ballots to be delivered to Voting Members no later than ten (10) days before the election.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Section 4. Election of School Board Directors. The six (6) school board directors shall be elected as follows from each of the three (3) school district electoral districts established within the geographic boundaries of region five pursuant to Article II. Every current school board member from Voting Member school districts is eligible to vote in elections occurring within their appropriate and respective electoral district.
Section 5. Election of Non-School Board Directors. Each Voting Member that is a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, may nominate elected officials from its governing body to serve on the Sourcewell Board of Directors.
Each nomination shall be by majority vote of the governing body of the Voting Member.
The governing body of every non-school board Voting Member is entitled to cast one (1) organizational vote in elections occurring within their appropriate and respective electoral district.
Section 6. Qualification to Board. All voting directors shall remain publicly elected officials from within the geographic boundaries of Region Five. Should any voting director lose his or her elected position for any reason, then a vacancy shall immediately occur and shall be filled in accordance with law and these bylaws.
ARTICLE XIII
MEETINGS OF THE BOARD OF DIRECTORS
Section 1. Organizational Meeting. Each year following elections and upon qualification of new directors to office, at the call of the Sourcewell Executive Director, the Sourcewell Board of Directors shall meet and hold an organizational meeting. At the organizational meeting, the following business shall be conducted:
a)Canvass election results and approve election certificates;
DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 b)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
c)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
d)Make committee appointments;
e)Appoint ex offico, nonvoting directors as provided for in Article IX, Section 2; f)Set board compensation, mileage reimbursement, and per diem rates; g)Set a schedule of regular meetings;
h)Set any timelines required by law, these bylaws, or as the board shall deem practical and expedient;
i)Designate official depositories;
j)Designate the official newspaper, provided that the organizational website shall be used whenever legally permissible and sufficient;
k)Designate a chief procurement official;
I)Designate legal counsel;
m)Designate an auditor;
n)Authorize electronic, digital, or facsimile signatures; o)Authorize and delegate legal representative duties;
p)Establish, confirm, review, or modify electoral districts; and q)The Board of Directors shall also conduct any other necessary organizational business.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 The minutes of the organizational meeting may be duly approved at any subsequent regular meeting of the Board of Directors.
Section 2. Meetings. The Board of Directors shall meet at the call of the chairperson or any three (3) members of the board. An electronic agenda shall be sent to each member at least five (5) days prior to the meeting of the board. Matters of emergency nature or practical urgency not on the agenda may be considered at the time of the meeting.
a)A quorum at any meeting with members of the board shall consist of a majority of the elected Board of Directors;
b)The order of business at the board meetings shall be as determined by the board;
c)The meetings of the board at which official action is taken shall be public meetings and no person shall be excluded therefrom; and d)To the extent practicable, the rules of parliamentary procedure in the latest edition of Robert's Revised Rules of Order shall govern the board and advisory committees and councils in their deliberations in all matters, except as otherwise provided in these bylaws. Rules may be amended at any meeting by a majority vote. The order of business may be suspended at any meeting by majority decision.
Section 3. Record of Proceedings. Meeting minutes of the Board of Directors shall be posted online to the Sourcewell website. The minutes of the preceding meeting shall be reviewed, corrected if necessary, and a copy of all motions and the names of the director(s) making and seconding motions shall be recorded.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216
ARTICLE XIV
AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR
Section 1. Authority and Duties. The Sourcewell Board of Directors shall hire an Executive Director and such number of other personnel as may be deemed necessary.
The Board of Directors shall also fix the salary and conditions of employment of such officers, which may include reasonable and necessary expenses, vacation, and disability leave. The Sourcewell Executive Director shall, under the direction of the board, exercise the following responsibilities and duties:
a.Perform and exercise all duties, responsibilities and delegated to the Executive Director by the bylaws or by separate action of the Board of Directors; b.Act as secretary and executive officer of the Board of Directors; c.Attend all regular and special meetings of the Board of Directors when so required by the board and advise the board of all questions under consideration;
d.Serve as ex-officio member of all advisory committees or councils appointed by the Board of Directors;
e.Provide for the keeping of minutes of the Board of Directors meetings, recording all proceedings and official actions in a manner required by law and keeping such records as may be necessary;
f.Act as the custodian of records, reports, documents, correspondence, educational equipment and supplies, and other property and maintain inventories and indices thereof;
g.Act as the legal representative for state and federal programs;
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 h.Prepare and present the business to be acted upon at meetings of the board; i.Maintain supervisory custody of the funds of the board; J.Enter into all membership agreements and to extend annual renewals for contracts pending board consideration;
k.Write drafts against funds only for expenditures properly approved by the board;
I.As bonded by the board, make financial records of the board available at all times and submit them annually for audit;
m.Prepare and submit an itemized budget for approval by the Board of Directors; n.Promote through meetings, conferences, and electronic communication with government agency officials, teachers, parents, and the public generally, and by hard copy and electronic distribution of pamphlets, bulletins, newsletters and other materials, an active interest in all desirable types of public service and to suggest needed changes and improvements identified by member government agencies.
ARTICLE XV
CHIEF PROCUREMENT OFFICIAL
Section 1. Designation. The Sourcewell Board of Directors may, through policy or resolution, designate a chief procurement official to administer a cooperative purchasing and contracting program as authorized by Minn. Stat.§ 123A.21, Subd. 7(a)(23).
Section 2. Powers and Duties. Upon designation, the official is hereby designated to:
a.Competitively solicit contracts in categories called for by the Board of Directors; b.Award all competitively solicited contracts, without limitation;
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 c.In consultation with the Sourcewell Executive Director and General Counsel, propose and implement changes to the cooperative purchasing and contracting program intended to increase efficiency, regulatory compliance, and member value; and
d.Propose budgetary modifications necessary to meet member needs.
ARTICLE XVI
AMENDMENTS TO BYLAWS
Section 1. Process for Amending Bylaws. These bylaws may be amended by the affirmative vote of two-thirds of the members present at the Annual Meeting of the Representative Assembly, or by mail ballot, provided that the substance of the proposed amendments shall have been submitted in writing to each member at least ten (10) days prior to such vote.
Officially adopted by the Board of Directors January 12, 1978.
First Amendment approved May 29, 1990.
Second Amendment approved March 25, 1991.
Third Amendment approved April 27, 1992.
Fourth Amendment approved September 25, 1995.
Fifth Amendment approved September 28, 1998.
Sixth Amendment approved April 13, 2005.
Seventh Amendment approved April 14, 2010.
Eighth Amendment approved April 6, 2011.
Ninth Amendment approved April 10, 2013.
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Tenth Amendment approved April 13, 2016.
Eleventh Amendment approved April 11, 2018.
Twelfth Amendment approved on ________ , 2019
Chairman, Board of Directors
Cleri(.'-eoard of Directors
April 11
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Development Services-2024-17
AGENDA ITEM: PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING A REGULATORY PERMIT FOR WHERE2DISTRO, LLC TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 1891 AIRWAY DRIVE
DEPARTMENT: Development Services
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C. Mendez, Cannabis Affairs Manager
RECOMMENDED ACTION: Hold a public hearing and adopt a resolution approving a Regulatory Permit for Where2Distro LLC to operate a cannabis distribution facility at 1891 Airway Drive.
DISCUSSION:
Where2Distro LLC submitted an application for a Regulatory Permit to establish a cannabis distribution facility within the City's industrial zone. The proposed facility will be located at 1891 Airway Drive, a location compliant with zoning regulations and previously approved for a Conditional Use Permit to establish a cannabis cultivation facility. Additionally, Where2Distro LLC has submitted all required attachments as mandated by Section 5.42.50 of the City of Hollister Municipal Code (HMC).
The proposed location at 1891 Airway Drive is zoned appropriately for industrial use, which permits cannabis distribution facilities subject to regulatory approval by the City Council. The facility meets all setback requirements and zoning ordinances stipulated by the City's municipal code.
As outlined in Section 5.42.040 of the HMC, approval of a regulatory permit is contingent upon the City Council's review and endorsement. The Council has the authority to decline a regulatory permit upon making any of the finding stipulated in HMC § 5.42.070 (A). Staff review of the submitted application has determined no potential findings present.
A public notice regarding the proposed facility was published in accordance with City requirements on July 26, 2024.
Approval of the Where2Distro, LLC Regulatory Permit will be valid for one year from the date of issuance. Subsequent renewal will be based on the date final occupancy is granted.
FISCAL IMPACT: N/A
PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council previously approved a separate Conditional Use Permit for a separate cannabis cultivation facility operated by 3GM at the proposed site on October 5, 2020 (Resolution 2020-196).
Proposed Where2Distro, LLC distribution operations are notably separate and
unconnected to the previously approved 3GM cultivation permit.
CEQA: The project has been reviewed under the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt under Section 15301 (Existing Facilities).
ATTACHMENTS:
1. Resolution of the City Council of the City of Hollister Approving a Regulatory Permit for Where2distro LLC to Operate a Cannabis Distribution at 1891 Airway Drive
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A REGULATORY PERMIT FOR WHERE2DISTRO LLC TO OPERATE A CANNABIS DISTRIBUTION AT 1891 AIRWAY DRIVE
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, under the provisions of Section 5.42.40 of the Hollister Municipal Code, the Issuance of a regulatory is subject to review and approval by the City Council; and
WHEREAS, Where2Distro, LLC has submitted an application for a Regulatory Permit to establish and operate a cannabis distribution facility within the City's industrial zone, specifically located at 1891 Airway Drive; and
WHEREAS, the proposed facility is compliant with the zoning regulations and has previously been approved for a conditional use permit for a cannabis cultivation facility at the same location; and
WHEREAS, Where2Distro, LLC has submitted all required attachments and documentation as mandated by Section 5.42.50 of the Municipal Code; and
WHEREAS, the proposed location at 1891 Airway Drive is appropriately zoned for industrial use, which permits cannabis distribution facilities subject to regulatory approval by the City Council, and meets all setback requirements and zoning ordinances stipulated by the City's municipal code; and
WHEREAS, a public notice regarding the proposed facility was published in accordance with City requirements; and
WHEREAS, the project has been reviewed under the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt under Section 15301 (Existing Facilities);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hollister as follows:
Approval of Regulatory Permit: The City Council hereby approves the Regulatory Permit for Where2Distro, LLC to operate a cannabis distribution facility at 1891 Airway Drive.
Term of Permit: This approval shall be valid for one year from the date of issuance. The renewal date for the Where2Distro regulatory permit will be based on the date when final occupancy is granted.
Compliance: Where2Distro, LLC shall comply with all applicable local ordinances, state laws, and the conditions set forth in the Regulatory Permit.
Resolution No. 2024-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 6, 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Mia Casey, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX 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 held on August 6, 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 on August 6, 2024.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # City Clerk-2024-29
AGENDA ITEM: BEST PRACTICES FOR EFFICIENT MEETINGS
DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk
RECOMMENDED ACTION: Provide input on provisions to be included in a City Council policy on Public Meetings.
DISCUSSION:
At the May 6, 2024 regular City Council meeting, the City Council provided input on various options to increase City Council meeting efficiency. At the meeting, the City Council agreed to the following procedural changes:
1. Mayor announces adjournment. The mayor or presiding office will announce the City Council is adjourning to Closed Session or that the me eting is adjourned without requiring a vote of the City Council.
2. Remove Verbal Verification of Agenda Posting. The verification of the agenda posting is now included in the physical agenda notice rather than announced at the meeting.
3. Registering a “No” vote on Consent Calendar items. If any member of the City Council wants to register a “No” vote on a Consent Calendar item, he or she can state their vote and the items they are opposing prior to the motion, and the City Clerk notes the correct vote in the meeting minutes.
4. Public comments for items pulled from the Consent Calendar. Prior to a motion being made for the Consent Calendar, the mayor takes public comments for all Consent Calendar items, including items pulled from the Consent Calendar.
Separate motions and votes continue to be taken for each item pulled.
Additionally, the City Council directed staff to return with policy recommendations for a future City Council policy related to meetings. Staff plans to bring back the policy recommendations and options at several meetings. At the August 6, 2024 meeting, staff requests direction on implementation of the following items.
1. Limit staff presentations to five minutes or less. While staff presentations in Hollister are brief overall, some could be shortened depending on the complexity of the topic. This has been a past request by the City Council for staff presentations, but there is no written policy on the matter.
Staff suggests the following policy language:
“Presentations at City Council meetings should be no more than five minutes. This includes presentations by City staff, City consultants, and outside groups. The mayor or mayor pro tem in the absence of the mayor may extend the time for a presentation depending on the complexity of the topic or the time limits are specified elsewhere in the Hollister Municipal Code.
Alternatively, staff may need to shorten their presentations depending on the number of items on the agenda and the placement of an agenda item, with items hear d closer to the 10:00 PM end time needing to be shortened.”
In addition to adopting a policy, staff recommends all members of City staff receive regular training on giving effective and efficient presentations.
Department heads have already received this training, and it could be extended to other members of staff as well.
2. Shorten public comment. Hollister Municipal Code Section 2.04.180 governs the amount of time allocated for members of the public to address the City Council. It also gives mayor or mayor pro tem in the absence of the mayor, the authority to reduce the allowed time if necessary to accommodate a larger number of speakers. At the May 6, 2024, by consensus the City Council directed staff to update the ordinance to update the time limit for public speakers to two minutes.
The proposed change to the ordinance is below. The ordinance will be introduced at a future meeting when the policy on meetings returns.
2.04.180 - Manner of addressing city council—Time limit.
Each person addressing the city council at any city council meeting shall come forward to the speaker's rostrum, give his or her name and address at the speaker’s option in an audible tone of voice for the record and, unless further time is granted by the city council, shall have up to threetwo minutes. All remarks shall be addressed to the city council as a body and not to any individual member thereof; and no person, other than a member of the city council and the individual having the floor, shall be permitted to comment upon such remarks while such individual has the floor, except by the express permission of the presiding officer. No question shall be asked of a city councilperson other than through the presiding officer.
Non-English speakers utilizing a translator will continue to be given at least twice the amount of time allocated to other speakers.
3. Limit time to indicate a desire to provide comment. Oftentimes, members of the public have not indicated their desire to provide public comment when the public comment portion of an agenda item begins. This limits the mayor from being able to accurately determine the number of speakers and potentially adjust the amount of time allocated to each speaker. Additionally, some speakers do not indicate their desire to speak until after the City Clerk has stated there are no other speakers, delaying the closing of a public hearing or public comments and potentially causing confusion.
Staff suggests the following policy language:
“Members of the public desiring to provide comment on any agenda item or items not on the agenda should indicate their desire to speak as early as possible during the meeting. Members of the public wishing to speak should submit a comment card to the City Clerk or raise their hands via Zoom prior to the Mayor opening public comment for the specific agenda item or for the portion of the agenda for items not on the agenda.
Members of the public who submit comment cards or raise their hands via Zoom after the mayor opens public comments will not be recognized to speak.”
FISCAL IMPACT: Fiscal impact will depend on the direction given by the City Council.
PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council directed staff to return with this item at their May 6, 2024 meeting. Staff will be bringing future items to the City Council for direction prior to returning with a policy to govern Public Meetings.
CEQA: This is not a project under CEQA.
ATTACHMENTS: None
Requested Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 1 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Community Development
(Planning)TBD Included in Zoning and Municipal Code Update project.
2 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Community Development TBD Fee Study being completed for all city fees 3 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 TBD Wildan completed scope and has begun the study. 4 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.
5 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services TBD Fee Study being completed for all city user fees 6 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
7 Perez 2/21/2023 Program to support beautification of
Downtown business and empty lots Community Development TBD Staff working to develop options for Council discussion
8 Casey 2/20/2024 Item regarding Downtown parking and green space Community Development TBD Staff working to develop agenda item 9 Council 3/18/2024
Update council policy to include travel for
Council assignments to state and regional
bodies
Administrative Services 8/20/2024 Scheduled for 8/20/24 10 Resendiz 4/2/2024 Ordinance to eliminate plastic bags and straws in the City Public Works 8/20/2024
Monitoring implementation of SB 54 by the state,
including additional regulations on plastic bags
and straws
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
1Page 524 of 567
Requested Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
11 Resendiz/Perez 5/6/2024 Investigation into interactions at 5/4/24 City event City Attorney TBD Investigation is currently underway. 12 Burns 5/21/2024
Use discretionary funds to install memorial
plaque on the 190 Maple Street Building for
Frank Valenzuela
City Manager TBD Must wait for FY 24/25
13 Council 6/18/2024 Policy on use of City Hall lights to commemorate various events and holidays City Manager 8/20/2024 Scheduled for 8/20/24 14 Burns 6/18/2024 Update to Administrative Hearing Procedures to require payment after the hearing is held Police TBD Will be included as part of the user fee study. 15 Casey 6/18/2024 Proclamation for Benjamin Tollantino City Clerk 8/6/2024 Scheduled for 8/6/24 2Page 525 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 3Page 526 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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
4Page 527 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing Housing, Community Development 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, Community
Development 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
5Page 528 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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, Community
Development 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
6Page 529 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 Public Works 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 Public Works 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
7Page 530 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 Public Works 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
8Page 531 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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
9Page 532 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 Public Works 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
Community
Development 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
Community
Development 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
10Page 533 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 Public Works 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
Community
Development 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 Public Works 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
Community
Development 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 Community
Development 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
Public Works 6/20/2023 Presentation made at 6/20/23
council meeting
11Page 534 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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
8/7/2024
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 12Page 535 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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
Community
Development
(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
Community
Development
(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
13Page 536 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 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 Public Works 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
Community
Development 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 14Page 537 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 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
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
15Page 538 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 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 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 16Page 539 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 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.
Community
Development 3/18/2024 Council direction given on 3/18/24.
Ordinance returning on 4/15/24 3/18/2024
152 Burns 3/18/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 153 Burns 3/18/2024 Report on recent animal hoarding
incident in the County Police 4/2/2024 Scheduled for 4/2/24 4/2/2024 154 Burns 3/18/2024 Proclamation for Hollister High
School boys soccer team City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024 155 Burns 3/4/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 156 Perez 3/4/2024
Proclamation on Womens History
Month and International Womens
Day
City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024
157 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
4/2/2024.4/2/2024
158 Casey 1/16/2024 Vacant building ordinance Community Development 4/2/2024 Working with consultant to bring a presentation to Council 4/2/2024
159 Casey 4/3/2023 Ordinance re: Vacant commercial
buildings
Community
Development 4/2/2024 Scheduled for 4/2/24 4/2/2024
17Page 540 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 160 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 4/2/2024
161 Burns 12/4/2023 Use of discretionary funds for
COVID-19 victims memorial City Manager 4/15/2024 Staff working to develop agenda item 4/15/2024
162 Perez 3/4/2024 $8500 from discretionary funds for
Bulldog Boxing City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 163 Resendiz 3/18/2024
$1500 from CM Resendiz
discretionary funds for Dia de los
Ninos Event
City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024
164 Council 3/18/2024 $1000 each from discretionary
funds for Jovenes de Antano City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 165 Casey 3/18/2024 $5000 from discretionary funds for
community center renderings City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 166 Morales 3/18/2024 $3000 from discretionary funds for printing of City Resource Guide City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 167 Resendiz 4/2/2024 Local preference ordinance for
affordable housing
Community
Development 4/15/2024 Scheduled for 4/15/24 4/15/2024
168 Perez 4/2/2024 Provide direction on amending
campaign contributions ordinance City Attorney 4/15/2024 Scheduled for 4/15/24 4/15/2024 169 Burns 3/18/2024 Options for increasing meeting
efficiency City Clerk 5/6/2024 Scheduled for 5/6/2024 5/6/2024 18Page 541 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 170 Casey/Perez 4/2/2024
$3000 each of discretionary funds
for the Indigenous Nations
Diversity Network event in
September
City Manager 5/6/2024 Scheduled for 5/6/2024 5/6/2024
171 Morales 4/15/2024
Proclamation declaring May as
National Missing and Murdered
Indigenous Women Month and
recognizing May 5 as National
Missing and Murdered Indigenous
Women Day
City Clerk 5/6/2024 Scheduled for 5/6/2024 5/6/2024
172 Casey 4/2/2024 Waive permit fees for Mr. Wrobel
if permissible
Community
Development TBD
Staff working with Mr. Wrobel and
determining if waiving fee is
permissible based on project spefics
5/14/2024
173 Casey 4/15/2024 Proclamation for 90th Annual
Saddle Horse Show City Clerk 5/21/2024 Scheduled for 5/21/2024 5/21/2024 174 Morales 4/15/2024
$2000 from discretionary funds for
Missing and Murdered Indigenous
Women Event
City Manager 5/21/2024 Scheduled for 5/21/2024 5/21/2024 175 Morales 4/15/2024
Use of discretionary funds for safer
communities programs for teens -
evenly distribute to Parks &
Recreation Dept, New Hope for
Youth Organization, and substance
abuse programs
City Manager 5/21/2024 Scheduled for 5/21/2024 5/21/2024 176 Perez 5/6/2024 Visit San Benito County
Presentation City Manager 6/4/2024 Scheduled for 6/4/2024 6/4/2024 177 Resendiz 5/21/2024
Update from COG/CalTrans Re:
Highway 25 & Highway 156
roadwork
City Manager 6/18/2024 Scheduled for 6/18/2024 6/18/2024 178 Burns 5/21/2024
Agenda item on potentially
extending term of impact fees for
400 Block
Community
Development 6/18/2024
On 6/4/2024 Council directed staff
to return with Amendment to
Agreement at 6/18/24 meeting
6/18/2024
179 Morales 5/21/2024 Agenda item on results of recent
investigation City Attorney 6/18/2024 Scheduled for 6/18/2024 6/18/2024 19Page 542 of 567
Completed Agenda Items CITY COUNCIL PROJECT LIST 8/2/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 180 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 6/18/2024
Topo survey has been contracted
with Kelly Engineering and survey
has been completed. Master plan to
be presented for consideration in
2024-25 budget.
6/18/2024
181 Burns 8/21/2023
Future closed session or open
session item on previous mountain
lion encounter in the City
City Attorney N/A Memo provided to council.7/16/2024
20Page 543 of 567
Update Requests from Council (non-agenda items)CITY COUNCIL PROJECT LIST 8/2/2024 1 Morales 1/22/2022
Community Development to create a
checklist of steps for new businesses to
get started to help streamline the process
Community Development 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)
Recruitment failed for Sr Building Inspector. Staff
working with department to update job description,
requirements, and evaluate salary schedule.
9/30/2024
3 Casey 12/4/2023 Policies posted to City website City Manager Will be included on new website.TBD 4 Casey 3/18/2024
Receive update from animal ad hoc
committee regarding recommend policy
changes
Police Animal ad hoc committee holding meetings to discuss potential policy updates.TBD
5 Burns 4/15/2024 Update on feasibility of creating City dispatch center Police Staff preparing report and update for council.TBD 6 Perez 4/15/2024
Additional information regarding
potential widening of San Juan Fourth
Street Bridge
Engineering Staff preparing report and update for council.TBD 7 Burns 6/18/2024 Graffiti Policy Public Works Staff preparing report and update for council.TBD 8 Burns 6/18/2024 Create Citizen Volunteer Group to
combat graffiti Public Works Staff preparing report and update for council.TBD Status Estimated Date of
Completion#Council Member Meeting Date Update Requested Department 21Page 544 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the
redistricting website and emails received re:
submitting maps be emailed to council prior to
the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.
City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 22Page 545 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
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
23Page 546 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
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
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
24Page 547 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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.
Public Works
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
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
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
25Page 548 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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 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
Public Works
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 Engineering Study in process-Speed humps not warranted 4/30/2022
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
26Page 549 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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 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
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
Public Works 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
27Page 550 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Public Works
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
28Page 551 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
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
Public Works / 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
Community
Development
(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
29Page 552 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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 /
Public Works
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 Public Works Dept provided schedule to City Manager's Office for review 9/20/2022
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
Public Works
(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
30Page 553 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Community
Development/
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 Public Works 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 Public Works
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
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
31Page 554 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Public Works / 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 Public Works 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
Community
Development
(Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Community
Development
(Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
32Page 555 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 110 Burns 11/21/2022
Status on hiring an Community Development
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 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 33Page 556 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
Community
Development
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 Community Development
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
Public Works
(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
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 Public Works 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
34Page 557 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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 Public Works 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
135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Public Works 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 35Page 558 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.
Public Works / Parks
& Recreation
The graffiti truck is operational
and Public Works 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
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 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 Community Development
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 Public Works Crew dispatched to address concern 5/3/2023
36Page 559 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 145 Burns 3/20/2023
Update on previous concerns by members of
the public regarding parklets that would harm
their business
Community
Development
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
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 Public Works
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
Public Works 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
37Page 560 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 153 Council 5/2/2022
Upgrade or replace the lights downtown and
the first block of the side streets with APRA
funds
Public Works
RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
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 Public Works Memo sent to Council 8/30/2023 38Page 561 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #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 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
39Page 562 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
Community
Development
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
175 Morales 8/7/2023 Information on parklets and requested meeting with business community
Community
Development
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 40Page 563 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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.
Community
Development
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
Community
Development
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
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
41Page 564 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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 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
42Page 565 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 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
199 Burns 3/18/2024 Report on the pros and cons of SAFER grants Administrative Services
Staff will provide a memo to
Council 4/10/2024
200 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
201 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
202 Resendiz 4/2/2024 Information regarding waiver of a potential impound fee for the arrested cyclist's bicycle Police
Staff working with City Attorney's
office to prepare an analysis on
potential fee
4/12/2024
203 Burns 1/16/2024 Update on request for more lighting at Dunne Park Parks and Rec Lighting at courts has been
installed 5/15/2024
204 Morales 5/6/2024 Letter of Support for AMBAG's REAP funding request City Manager Letter sent in support 5/17/2024
205 Perez 6/4/2024
Certificates of recognition for longstanding
Hollister businesses: Hollister RV and Henry
Salcido
City Clerk Certificates sent 6/11/2024
206 Burns 5/21/2024 Naming of the 190 Maple Street Building for Frank Valenzuela Parks & Recreation Staff to provide policy for naming city buildings to the City Council 6/14/2024
207 Burns 5/21/2024 Look into potential creation of City-run afterschool programs City Manager
FY 2024-25 Budget does not
support creating new after school
programs
6/13/2024
43Page 566 of 567
Completed Update Requests CITY COUNCIL PROJECT LIST 8/2/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 208 Burns 6/4/2024 Inspect Vista Park Hill walkway Parks & Recreation Staff has visited and will be preparing estimates for repairs 6/14/2024
209 Casey 6/4/2024 Upgrades Whale Park - Overwatering of ball fields, replacement of bases, etc. Parks & Recreation
Irrigation leak has been repaired.
Staff researching alternative
options for bases on the ball field.
6/13/2024
210 Resendiz 5/21/2024
Gather information re: Rosemary Porras's
comments on afterschool programs and write a
letter to school district in support of afterschool
programs
City Manager
Letter has been sent to Cerra
Vista School and Hollister School
District.
7/3/2024
211 Perez 6/4/2024 Update on Dunne Park Master Plan Parks & Recreation Funding approved to complete study as part of 24/25 budget.6/18/2024
212 Casey 6/18/2024 Letter to Hollister School District requesting space for YMCA afterschool program City Manager Letter sent to HSD 7/3/2024 213 Perez 6/4/2024 Update on renovations to Community Center kitchen facilities Parks & Recreation Memo on kitchen renovations sent to Council 7/16/2024
214 Burns 5/6/2024
Update on speed and traffic enforcement on
Hillcrest and Clearview near Maze Middle
School
Police
Speed study conducted at
Hillcrest from 6/13/24 to
6/20/24. Additional enforcement
and radar trailer placed to reduce
speeding.
6/20/2024
215 Morales 6/18/2024 Concern with city owned tree Public Works Tree trimmed.7/8/2024 216 Burns 9/6/2022 Shade structure at Klauer Park Parks & Recreation Structures are ordered and
delivered. Plans under building
dept review.
7/31/2024
217 Burns 6/18/2024 Look into speeding on Valley View Road Police Radar signs installed 8/2/2024 44Page 567 of 567