Hollister City Council
August 6, 2024

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, August 6, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Mia Casey, Mayor David Mirrione, City Manager Rick Perez, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Tim Burns, Council Member, District 4

Gordon Machado, City Treasurer

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

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

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

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

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

City of Hollister YouTube Channel:

https://www.youtube.com/@cityofhollistercalifornia1489

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

Public Participation:

The public may attend meetings.

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

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

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

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

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

To access written translation during the meeting, please click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:

https://attend.wordly.ai/join/NLJC-7137
City of Hollister City Council Meeting

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.SPECIAL ORDERS OF THE DAY

4.1 Proclamation Recognizing Benjamin Tolentino

4.2 Community Health Centers Proclamation

4.3 Commendations for Hollister Police Officers

4.4 Commendations for Hollister Firefighters

5.PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject.

Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

6.COUNCIL BUSINESS

6.1 CONSIDERATION AND ACTION REGARDING RESOLUTION APPROVING

PUBLIC CENSURE OF COUNCILMEMBER ROLAN RESENDIZ
RECOMMENDED ACTION:

Staff has no recommendation. This is a council matter.

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

7.1 APPROVE JUNE 18, 2024 MEETING MINUTES

7.2 WARRANT REGISTER AUGUST 6, 2024
RECOMMENDED ACTION:

Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessments funds attached.

7.3 ADOPT ORDINANCE 1252, AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER

17.36 INCLUSIONARY HOUSING
RECOMMENDED ACTION:

City of Hollister City Council Meeting

Adopt Ordinance 1252 Adding Section 17.36 to the Hollister Municipal Code related to Inclusionary Housing.

7.4 CLAIM AGAINST THE CITY- FILED BY CARMEN VILLANUEVA
RECOMMENDED ACTION:

Deny the claim and authorize staff to send the notice of rejection to the claimant.

7.5 RESOLUTION APPROVING AND OPT INTO THE KROGER NATIONAL OPIOID

SUBDIVISION AGREEMENT
RECOMMENDED ACTION:

Adopt a resolution to approve and opt into the Kroger National Opioid Subdivision Agreement reached between the Kroger Company and the Department of Justice.

7.6 A CONTRACT AMENDMENT WITH EMC PLANNING GROUP FOR PREPARATION

OF AN ENVIRONMENTAL IMPACT REPORT FOR THE MERIDIAN VILLAGE

PROJECT
RECOMMENDED ACTION:

Adopt a resolution authorizing the execution of an amended Professional Services Agreement with EMC Planning Group for environmental consulting services and associated technical studies to now include an EIR for Meridian Village Tentative Map 2022-2 and Site & Architectural Review 2022-15.

7.7 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
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

7.8 DARKTRACE CYBER-SECURITY SERVICE RENEWAL
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.

7.9 ACCEPTANCE OF THE EVERGLEN PUBLIC PARK PLAN
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.

7.10 WILLOW LANDING PUBLIC PARK ACCEPTANCE
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.

7.11 MONTEREY BAY AIR RESOURCES DISTRICT (MBARD) MOTOR VEHICLE City of Hollister City Council Meeting

EMISSION REDUCTION GRANT PROGRAM FOR THE CITY OF HOLLISTER EV

CHARGING STATIONS
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.

7.12 COOPERATIVE PURCHASING AUTHORIZATION
RECOMMENDED ACTION:

Approve a resolution authorizing the use of Cooperative Purchasing to purchase various goods from Sourcewell.

8.PUBLIC HEARINGS

8.1 PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING A REGULATORY PERMIT FOR WHERE2DISTRO, LLC TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 1891 AIRWAY DRIVE
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.

9.COUNCIL BUSINESS

9.1 BEST PRACTICES FOR EFFICIENT MEETINGS
RECOMMENDED ACTION:

Provide input on provisions to be included in a City Council policy on Public Meetings.

10.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.

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

10.2 COUNCIL REPORTS
Receive informational reports from the City Council

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

11.CLOSED SESSION

11.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
City of Hollister City Council Meeting

Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Peace Officer Association (HPOA); and un-represented employees in classifications designated as Executive Management Bargaining Unit and Hollister Leadership Bargaining Unit

11.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Manager - Annual Performance Evaluation

11.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Attorney - Annual Performance Evaluation

11.4 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: G. Negrete and B. Jiminez v. County of San Benito; City of Hollister; and R. Guerrero
San Benito Superior Court Case No. CU-24-00071

11.5 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Eduardo Mondragon v. City of Hollister
EEOC No.: 485-2024-00046

11.6 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code: One Case

11.7 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.

San Benito Superior Court Case No. CU-23-00183

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of August 6, 2024 was posted on the bulletin board at City Hall on August 2, 2024 per Government Code Section 54954.2.

City of Hollister City Council Meeting

PUBLIC PARTICIPATION NOTICE
The public may attend meetings in person or watch meetings via live stream at:

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

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

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

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

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

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

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

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

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

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

To access written translation during the meeting, please scan the QR Code or click this link | Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

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

PROCLAMATION

Honoring Benjamin Tolentino
for his Many Wrestling Accomplishments

WHEREAS, Benjamin Tolentino is only seven years old but has accomplished much already; and

WHEREAS, on June 1, 2024, Benjamin secured first place at the California USA Wrestling State Freestyle Championships for the Brazilian Jiu-Jitsu Bantam Weight category–45 pounds; and

WHEREAS, Benjamin is also National Champion & Triple Crown winner, placing first at two of the equal tournaments for nationals, one in Fresno and the other in Reno prior to nationals in Las Vegas; and

WHEREAS, Benjamin also placed in two other brackets competing against older and heavier participants taking second place, making him a two-time All-American for placing in every bracket he competed in at Nationals; and

WHEREAS, Benjamin also won gold at the Jiu Jitsu World League World Championships at UCLA in June 2024.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby honor Benjamin Tolentino and his many wrestling accomplishments.

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

______________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

PROCLAMATION RECOGNIZING

NATIONAL HEALTH CENTER WEEK

WHEREAS, for over 50 years, Community Health Centers have provided high -quality, affordable, comprehensive primary and preventive health care in our nation’s medically underserved communities; and

WHEREAS, as the country’s largest primary care network, Community Health Centers are the health care home for over 31.5 million Americans in over 15,000 communities across the country; and

WHEREAS, Community Health Centers are locally owned and operated small businesses that serve as critical economic engines, helping to power local economies in some of the country’s most economically distressed communities; and

WHEREAS, the Community Health Center model continues to prove an effective means of overcoming barriers to healthcare access, including geography, income, and insurance status – improving health outcomes and reducing healthcare system costs ; and

WHEREAS, Community Health Centers reduce overall costs of care by helping manage patients’ chronic conditions, which keeps them out of more expensive healthcare settings like hospital emergency rooms; and

WHEREAS, Community Health Centers are on the front lines of emerging health care crises, providing access to care for our nation’s veterans, addressing the opioid epidemic, and responding to public health threats in the wake of natural disasters; and

WHEREAS, National Health Center Week offers the opportunity to celebrate America’s more than 1,400 Community Health Center organizations with over 15,000 service delivery sites, including over 3,600 schools. We honor their dedicated staff, board members, patients, and all those responsible for their continued success and growth since the first health centers opened more than 50 years ago.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby proclaim proclaim August 4-10, 2024, as National Health Center Week and celebrate the partnership between America’s Community Health Centers and the communities they serve.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 6th day of August 2024.

______________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING PUBLIC CENSURE OF

COUNCILMEMBER ROLAN RESENDIZ

WHEREAS, the City Council of the City of Hollister adopted rules of conduct for the City Council titled “Code of Ethics and Conduct” (hereinafter referred to as Code of Conduct) codified in the Hollister Municipal Code, chapter 2.04. et seq.; and

WHEREAS, the Code of Conduct was adopted “to assure that all elected and appointed officials, while exercising their office, conduct themselves in a manner that will instill public confidence and trust in the fair operation and integrity of Hollister’s City government;” and

WHEREAS, Councilmember Rolan Resendiz affirmed that he read and understood the Code of Conduct for Elected and Appointed Officials on May 29, 2021, (attached hereto as Exhibit A); and

WHEREAS, the City previously received a complaint from Councilmembe r Morales alleging that Councilmember Resendiz had behaved inappropriately toward her on four (4) separate occasions; and

WHEREAS, in October 2023, the City Council hired an independent investigator to investigate the allegations in the complaint against Councilmember Resendiz; and

WHEREAS, the independent investigator sustained two of the alleged incidents of inappropriate behavior which consisted of Councilmember Resendiz invading Councilmember Morales’ personal space, raising his voice, and calling Councilmember Morales sweetheart; and

WHEREAS, on January 16, 2024, the City Council amended the Code of Conduct to allow the City Council to impose financial penalties on City Councilmembers for serious violations of the Code of Conduct; and

WHEREAS, during the June 18, 2024, Hollister City Council meeting there was an extensive discussion regarding the conduct of Councilmember Resendiz by both the Council and the public. Following the discussion, the City Council gave consensus to place a Censure Resolution on a subsequent City Council Meeting agenda thereby affording Councilmember Resendiz the opportunity to respond to the resolution prior to its potential adoption; and

WHEREAS, the City Council did not impose financial penalties on Councilmember Resendiz because the inappropriate behavior occurred prior to the City Council amendment of the Code of Conduct to allow the imposition of financial penalties; and

Resolution No. 2024-XX

WHEREAS, censure is distinguished from censorship. Censure is not a form of punishment for speech, but instead is a form of policy-based expression. In this regard, censure is a means by which a collective legislative body can dissociate itself from the remarks or behavior of one member – a means of saying that the remarks or behavior of one person are not reflective of the governing body’s policies, feelings, or sentiments; and

WHEREAS, the City Council finds that Councilmember Rolan Resendiz should be censured for the following reasons:

1. Councilmember Resendiz engaged in conduct unbecoming a Councilmember which has brought embarrassment and discredit to the City Council; and

2. Councilmember Resendiz engaged in conduct which is disrespectful, discourteous, and inappropriate toward another Councilmember.

WHEREAS, this Public Censure does not arise out of any good faith disagreement by or with Councilmember Resendiz on any matter, as good faith disagreement and debate are expected, encouraged and welcome.

NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:

Section 1. The City Council hereby concludes that the facts concerning Councilmember Resendiz’s conduct stated above constitute violations of the Code of Conduct, specifically: “Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Council, Boards, Committees and Commissions, the staff or public.” (Municipal Code section 2.04.015.3 Conduct of Members.)
In accordance with the Code of Conduct section 2.04.030 (F) which states:
“Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the council, lose seniority or committee assignments…”, the City Council of the City of Hollister hereby:

1. Publicly censures Councilmember Resendiz for engaging in the foregoing conduct.

2. Admonishes Councilmember Resendiz to cease engaging in such conduct or similar conduct in the future, and thus allowing the Council to perform its duties in the best interest of the public.

3. Orders Councilmember Resendiz to attend harassment prevention training by [DATE].

Resolution No. 2024-XX

Section 2. This resolution shall be effective immediately after its passage and approval.

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

1 City Council of the City of Hollister
Minutes of the Regular Meeting

June 18, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Members Present: Mia Casey, Mayor
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Casey called the regular meeting of the City Council of the City of Hollister to order at 4:00 p.m.

2. ROLL CALL
Mia Casey, Mayor joined the meeting at 4:00 pm.

Rick Perez, District 1 joined the meeting at 4:00 pm.

Rolan Resendiz, District 2 joined the meeting at 4:00 pm.

Dolores Morales, District 3 joined the meeting at 4:00 pm.

Tim Burns, District 4 joined the meeting at 4:00 pm.

Jennifer Woodworth, City Clerk joined the meeting at 4:00 pm.

3. PLEDGE OF ALLEGIANCE
Councilmember Burns led the Pledge of Allegiance.

4. CLOSED SESSION
Mayor Casey opened public comment at 4:02 p.m.

Jay Donato commented on the Closed Session agenda item regarding labor negotiations and requested the City Council give the City Manager authority to finalize a deal for the Service Employees International Union (SEIU).

Mayor Casey closed public comment at 4:04 p.m.

City Attorney Mary Lerner read the closed session item titles.

2 The City Council adjourned into closed session at 4:06 p.m.

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

4.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (1 case)

4.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): 1 case

5. CLOSED SESSION - REPORT OUT
The City Council convened into open session at 5:17 p.m.

City Attorney Mary Lerner reported no reportable action was taken in closed session.

6. COUNCIL BUSINESS

6.1 DISCUSS RESULTS OF INVESTIGATION PERTAINING TO THE

ALLEGED CONDUCT OF VICE MAYOR ROLAN RESENDIZ
City Attorney Mary Lerner provided the staff report.

Councilmember Resendiz moved to waive attorney-client privilege in order to release the investigative report the public.

Motion failed for lack of a second.

Mayor Casey opened public comment at 5:23 p.m.

Andy Hsia-Coron spoke regarding abuse of power by those who have it.

Bella Rosales expressed doubt regarding the results of the investigative report and regarding the accusations made against Councilmember Resendiz.

3 Katherine Sanchez supported treating victims with dignity and respect and shared her distrust of the investigative report.

Mary Hsia-Coron expressed disappointment that the investigative report is not public. Ms. Hsia-Coron requested to know if the Brown Act was violated and the names of the interviewed witnesses.

Fallon Greig supported Councilmember Resendiz's representation of his constituents and spoke against the current treatment of Councilmember Resendiz.

Rod Smalley spoke regarding the results of the investigation and the importance of following human resources policy to listen to the reports by the victim.

Claudia Rossi spoke regarding the results of the investigative report and urged the City Council to condemn the actions of Councilmember Resendiz. Ms. Rossi supported women being able to speak without fear.

Martin Gonzales requested the City Council work together to support the residents of the City of Hollister. Mr. Gonzales stated the need to address concerns of City residents, including the sewer system.

David Bini, representing the Building Trades Council, stated the organization's members encourage the City Council to act professionally without intimidating others. Mr. Bini supported enforcement of the City Council Code of Conduct.

Carly Robles spoke regarding camera footage used as part of the investigative report and requested release of the investigative report. Ms.

Robles spoke regarding the witnesses interviewed as part of the investigative report.

John Robles spoke regarding the desire of some members of the City Council to remove Councilmember Resendiz in order to fast track development in the City. Mr. Robles called for the resignation of Councilmembers Perez, Rosales, and Mayor Casey.

Leslie Austin expressed concern regarding the seriousness of the allegations against Councilmember Resendiz and supported enforcement of the City Council Code of Conduct. Ms. Austin spoke against bullying and harassment stating it undermines public trust.

Mayor Casey closed public comment at 5:45 p.m.

Councilmember Burns expressed concern regarding bad behavior exhibited by members of the City Council and stated the Council has more to deal with than complaints and investigations.

Councilmember Morales spoke regarding the need for members of the City Council and community to feel safe.

4 Mayor Casey supported abiding by the previous version of the City Council Code of Conduct, which was in effect at the time of the investigated incidents took place. Mayor Casey recommended censure of Councilmember Resendiz and harassment training for Councilmember Resendiz.

Councilmember Resendiz spoke regarding the allegations, witnesses interviewed, and witness statements included in the investigative report.

Councilmember Resendiz expressed concern regarding liability of the City due to false statements by witnesses.

Councilmember Burns supported the City Council exploring options to resolve the issues between the parties outside of the censure of a member of Council because a censure has not been effective in the past.

By consensus, the City Council directed staff to return with a resolution to censure Councilmember Resendiz.

By consensus, the City Council directed Councilmember Resendiz to participate in the harassment prevention training.

Moved by: Councilmember Resendiz

To waive attorney-client privilege in order to release the investigative report the public.

Motion fails for lack of a second

7. SPECIAL ORDERS OF THE DAY

7.1 PARKS AND RECREATION MONTH PROCLAMATION
Mayor Casey read and presented a proclamation for Park and Recreation Month to City Parks and Recreation Department staff.

7.2 PRESENTATION BY CALIFORNIA DEPARTMENT OF

TRANSPORTATION (CALTRANS) AND COUNCIL OF SAN BENITO

COUNTY GOVERNMENTS (SBCOG)
Terry Thompson, project manager for the Highway 156 Improvement Project, provided an update on the project and scheduled closure of Union Road.

8. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Bill Mifsud commented on recent improvements near his store. Mr. Mifsud expressed concern regarding graffiti in the Downtown area and requested the City improve graffiti enforcement.

5 Gisel Villarreal expressed concern regarding a lack of signage and enforcement of the no loitering rules at the Briggs Building parking lot. Ms. Villareal commented on the need to clean the parking garage.

Darin Del Curto, representing the Community Foundation, spoke regarding the need to clean the Briggs Building parking garage and suggested a janitorial service be utilized.

Irene Davis, Board President for the Visit San Benito County organization, thanked the City Council for their support.

Natalie Day stated the Hollister Animal Shelter is delinquent in payment to SNIP Bus and future SNIP Bus clinics have been canceled.

Billy Avera spoke regarding a quote by Councilmember Resendiz related to mismanagement of funds by the City and stated the City Council is part of the City and management of City funds.

Carly Robles thanked the Hollister Guardians for the information they share and commented on campaign financing limits, the ballot measure to extend the length of the mayoral term, and Council pay.

John Robles spoke regarding the City's previous budget surplus and current budget. Mr. Robles commented on revisions to the General Plan and waiving impact fees for developers.

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

No speakers present.

Moved by: Councilmember Perez
Seconded by: Councilmember Morales

The Consent Calendar items are approved, except for agenda items 9.7, 9.8,

9.10, and 9.26.

Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)

9.1 APPROVE JUNE 4, 2024 MEETING MINTUES

9.2 CLAIM AGAINST THE CITY – FILED BY MIREYA BUGARIN

6 Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Deny the claim and authorize staff to send the notice of rejection to the claimant.

Carried

9.3 INFORMATIONAL REPORT FOR 4TH OF JULY FIREWORKS EVENT Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Accept the report and provide possible direction to staff.

Carried

9.4 A RESOLUTION APPROVING A LEASE EXTENSION WITH WISK
AERO LLC. FOR LEASE OF THE BUILDING SPACE AT 90 AIRPORT

DRIVE AT THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

1. Adopt a resolution approving Amendment No. 1 for Lease Extension with Wisk Aero LLC. for the building space at 90 Airport Drive; and

2. Authorize City Manager to execute Lease Amendment No. 1.

Carried

9.5 A RESOLUTION APPROVING A LEASE EXTENSION WITH WISK
AERO LLC. FOR LEASE OF A PORTION OF THE WEATHERLY

BUILDING AT THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

1. Adopt a resolution approving Amendment No. 1 for the Lease Extension with Wisk Aero LLC. for a portion of the Weatherly Building, Unit C; and

2. Authorize City Manager to execute Lease Amendment No. 1.

Carried

7 9.6 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY

OF HOLLISTER AND WISK AERO LLC FOR AN AIRPORT ACCESS
PERMIT
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

1. Adopt a resolution approving an Agreement between the City of Hollister and Wisk Aero LLC for an Airport Access Permit, contingent upon satisfactory Federal Aviation Administration review; and

2. Authorize the City Manager to finalize and execute the Agreement after the Agreement has been reviewed by the Federal Aviation Administration (“FAA”).

Carried

9.9 A RESOLUTION APPROVING AN AMENDMENT TO THE LEASE

AGREEMENT OF THE BRIGGS BUILDING BETWEEN THE CITY OF

HOLLISTER AND GAVILAN COLLEGE, A COMMUNITY COLLEGE

DISTRICT
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution authorizing and directing the mayor to execute Amendment No. 4 to the lease agreement with Gavilan College, a Community College District for the Briggs Building with a possible end date of June 30, 2025.

Carried

9.11 A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH CSG CONSULTANTS FOR FIRE PLAN REVIEW

SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving a Professional Services Agreement with CSG Consultants to provide Fire Plan Review Services and authorize the Mayor to sign the agreement.

8 Carried

9.12 A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH CARMEL FIRE PROTECTION FOR FIRE PLAN

REVIEW SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving a Professional Services Agreement with Carmel Fire Protection to provide Fire Plan Review Services and authorize the Mayor to sign the agreement.

Carried

9.13 A RESOLUTION APPROVING AN AGREEMENT WITH COMMUNITY

TREE SERVICE
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving an agreement with Community Tree Service to mitigate weeds on certain properties and authorize the Mayor to sign the agreements
Carried

9.14 A RESOLUTION AUTHORIZING THE FISCAL YEAR 2024/2025 COMMUNITY FACILITIES DISTRICT #2 ANNUAL LEVY
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution authorizing the annual levy for Community Facilities District #2.

Carried

9.15 A RESOLUTION AUTHORIZING THE FISCAL YEAR 2024/2025 COMMUNITY FACILITIES DISTRICT #4 ANNUAL LEVY
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

9 Adopt a resolution authorizing the annual levy for Community Facilities District #4.

Carried

9.16 A RESOLUTION AUTHORIZING THE FISCAL YEAR 2024/2025 COMMUNITY FACILITIES DISTRICT #5 ANNUAL LEVY
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution authorizing the annual levy for Community Facilities District #5.

Carried

9.17 A RESOLUTION APPROVING THE ANNEXATION OF 172 McCLOSKEY ROAD INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 55 (PUBLIC FACILITIES SERVICES)
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving the annexation of 172 McCloskey Road into CFD #4.

Carried

9.18 A RESOLUTION APPROVING AN AGREEMENT WITH 4LEAF INC.

FOR ON-CALL PROFESSIONAL PLANNING SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution awarding a contract and authorizing the City Manager to negotiate, execute, and amend as necessary an agreement for services.

Carried

9.19 A RESOLUTION APPROVING AN AGREEMENT WITH M-GROUP FOR

ON-CALL PROFESSIONAL PLANNING SERVICES

10 Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution awarding a contract to M-Group and authorizing the City Manager to negotiate, execute, and amend as necessary an agreement for services.

Carried

9.20 A RESOLUTION APPROVING AN AGREEMENT WITH PLACEWORKS

FOR ON-CALL PROFESSIONAL PLANNING SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution awarding a contract to PlaceWorks and authorizing the City Manager to negotiate, execute, and amend as necessary an agreement for services.

Carried

9.21 A RESOLUTION APPROVING AN AGREEMENT WITH WILLDAN

ENGINEERING FOR ON-CALL PROFESSIONAL PLANNING

SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution awarding a contract to Willdan Engineering and authorizing the City Manager to negotiate, execute, and amend as necessary an agreement for services.

Carried

9.22 A RESOLUTION APPROVING AN AGREEMENT WITH 4LEAF INC.

FOR ON-CALL PROFESSIONAL BUILDING SERVICES
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution awarding a contract and authorizing the City Manager to negotiate, execute, and amend as necessary an agreement for services.

11 Carried

9.23 A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND
THE HOLLISTER FIREFIGHTERS UNION (HFFU) LOCAL 3395
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HFFU Local 3395.

Carried

9.24 A RESOLUTION APPROVING AN AGREEMENT WITH MOTOROLA

SOLUTIONS FOR BODY CAMERAS AND IN CAR VIDEO SYSTEMS
Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution authorizing the City Manager to sign an agreement with Motorola Solutions to replace body cameras and in-car video systems for the police department.

Carried

9.25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT NO. 364, ASPEN PARK SUBDIVISION AND AUTHORIZING

THE EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT
WITH ASPEN PARK LLC.

Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving the Subdivision Improvement Agreement for the Aspen Park Subdivision, Tract No. 364, and authorizing execution of the agreement for the improvements with Aspen Park LLC.

Carried

9.7 A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING FOR COOPERATIVE PROCUREMENT FOR

12 PROFESSIONAL SERVICES TO COMPLETE AN AIRPORT ECONOMIC

IMPACT STUDY FOR THE HOLLISTER MUNICIPAL AIRPORT
Airport Director Jeff Crechriou provided the staff report.

No speakers present.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

1. Adopt a resolution approving the Memorandum of Understanding for cooperative procurement for consideration of professional services to complete an Airport Economic Impact Study for the Hollister Municipal Airport; and

2. Authorize the City Manager to execute the Memorandum of Understanding.

Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)

9.8 A RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE City Clerk Jennifer Woodworth provided the staff report.

Councilmember Burns requested inclusion of the Fire Marshal and Fire Inspector positions in the list of Form 700 filers.

No speakers present.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

Adopt a resolution amending the City of Hollister’s Conflict of Interest Code and rescind Resolution No. 2022-120 and include the City's positions of Fire Marshal and Fire Inspector in the list of Form 700 filers.

Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried via roll call vote (5 to 0)

9.10 A RESOLUTION APPROVING A FIRST AMENDMENT OF THE

DEVELOPMENT IMPACT FEE AGREEMENT WITH DEL CURTO
BROTHERS CONSTRUCTION COMPANY, INC. TO DEFER IMPACT
FEES OF THE 400 BLOCK PROJECT

13 City Manager David Mirrione provided the staff report.

Councilmember Burns inquired and received information regarding the amount of interest the City will receive resulting from the agreement if approved.

Mayor Casey opened public comment at 6:39 p.m.

Darin Del Curto provided an update on the sale of the condominiums in the 400 Block and upcoming payment of impact fees.

Mayor Casey closed public comment at 6:40 p.m.

Councilmember Burns suggested using the interest paid for security and maintenance of the Briggs Building parking garage.

Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Adopt a resolution approving the deferral of impact f ees of the 400 Block project to the Del Curto Brothers Construction Company, Inc.

Development Impact Fee Deferred Agreement and authorize the City Manager to negotiate a First Amendment to allow the deferral of payment of the impact fees for up to eight (8) months expiring March 17, 2025, and including the May 2024 Local Agency Investment Fund interest rate of

4.332% added to the applicable impact fees.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

9.26 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF
$8,278,106.50 TO MOUNTAIN CASCADE INC. AND AUTHORIZING

THE EXECUTION OF CONTRACT AND CHANGE ORDERS FOR THE
2024 CITY WIDE ROADWAY IMPROVEMENT PROJECT, CIP C2404
Councilmember Resendiz expressed concern that only one bid was received and concern regarding the bidding process due to the City's project labor agreement.

No speakers present.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

14 Adopt a resolution accepting the bids and awards the contract to Mountain Cascade Inc. for the 2024 City Wide Roadway Improvement Project, CIP C2404.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

10. PUBLIC HEARINGS

10.1 ZONING ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER

17.36 INCLUSIONARY HOUSING ORDINANCE
Planning Manager Eva Kelly and Greg Goodfellow, with City consultant Placeworks, provided the staff report.

Mayor Casey opened the public hearing at 6:53 p.m.

Carly Robles inquired regarding 2023 profit and opposed adoption of the inclusionary housing ordinance.

Mayor Casey closed the public hearing at 6:54 p.m.

Moved by: Councilmember Perez
Seconded by: Councilmember Morales

Introduce the draft ordinance and schedule a second reading of the ordinance for the August 6, 2024 City Council meeting.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

10.2 A RESOLUTION APPROVING THE FISCAL YEAR 2024-25

COMPREHENSIVE USER FEE SCHEDULE
Administrative Services Director Casey Estorga provided the staff presentation.

Councilmember Burns suggested charging an hourly rate for City services rather than a standard fee due to the amount of time it takes for City staff to administer the services.

Mayor Casey opened the public hearing at 7:14 p.m.

15 There were no speakers for this item.

Mayor Casey closed the public hearing at 7:14 p.m.

Councilmembers Burns and Resendiz supported a 12% increase based on the Consumer Price Increase.

Councilmember Perez supported a 8% or 10% increase.

Councilmember Morales supported a 10% or 11% increase.

Mayor Casey supported a 10% increase.

Moved by: Councilmember Perez

Adopt a resolution approving the Fiscal year (FY) 2024-25 Comprehensive User Fee Schedule with a 10% increase based on the Consumer Price Index (CPI). Additionally, staff was directed to return with an update on the comprehensive fee study in six months.

Motion fails for lack of a second

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution approving the Fiscal year (FY) 2024-25 Comprehensive User Fee Schedule with a 11% increase based on the Consumer Price Index (CPI). Additionally, staff was directed to return with an update on the comprehensive fee study in six months.

Ayes (4): Mayor Casey, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Perez
Carried (4 to 1)

11. COUNCIL BUSINESS

11.1 APPROVING AND AUTHORIZING THE CITY MANAGER TO PROVIDE

NOTICES OF TERMINATION REGARDING FIRE SERVICES

AGREEMENTS WITH THE COUNTY OF SAN BENITO AND THE CITY

OF SAN JUAN BAUTISTA
City Attorney Mary Lerner provided the staff report.

Councilmember Burns requested and received clarification regarding the City's costs for providing fire services to San Benito County and City of

16 San Juan Bautista in comparison to funding received from the two agencies.

Mayor Casey opened public comment at 7:45 p.m.

Vince Grewohl, Hollister Firefighters Union Vice President, expressed concern regarding the threat of budget cuts and layoffs as a result of termination of the fire services agreement. Mr. Grewohl supported greater communication with City staff and continued negotiation with San Benito County and City of San Juan Bautista.

Peter Lago commented on the need for continued protection of community residents, including in unincorporated San Benito County and City of San Juan Bautista.

Mayor Casey closed public comment at 7:48 p.m.

Councilmember Resendiz opposed providing notices of termination of the fire services agreements.

Councilmember Morales commented on City budget shortfalls over several years partially resulting from subsidizing services for San Benito County and City of San Juan Bautista.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

Adopt a resolution approving and authorizing the City Manager to provide notices of termination regarding fire services agreements with the County of San Benito and City of San Juan Bautista.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

11.2 PRESENTATION OF THE FISCAL YEAR 2024-25 RECOMMENDED BUDGET, FISCAL YEAR 2024-25 APPROPRIATIONS LIMIT, AND 5-

YEAR CIP
City Manager David Mirrione and Administrative Services Director Casey Estorga provided the staff report.

Councilmember Burns suggested moving the Cannabis Affairs Manager to the Police Department.

Mayor Casey opened public comment at 8:12 p.m.

There were no speakers for this item.

17 Mayor Casey closed public comment at 8:12 p.m.

Mayor Casey expressed concern regarding reduced funding for the Economic Development Committee.

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution approving the City of Hollister’s annual budget for Fiscal Year 2024-25 covering a period of July 1, 2024 – June 30, 2025, approving the FY 2024-25 appropriations limit, and approving the 5-Year Capital Improvement Program.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)

12. INFORMATIONAL REPORTS

12.1 COMMITTEE ASSIGNMENTS
Councilmember Morales reported on a recent meeting of the Association of Monterey Bay Area Governments regarding fire insurance for homeowners.

Mayor Casey reported on a recent meeting of the Fire Protection Committee and discussion of a proposal for a consultant to look at creation of a fire protection district.

12.2 COUNCIL REPORTS
Receive informational reports from the City Council
Councilmember Resendiz requested Council consensus to utilize the new outside lights at City Hall to celebrate various holidays and events, including for Pride Month and Fourth of July.

City Manager Mirrione provided additional information on the new ligh ts.

By consensus, the City Council directed staff to return with a policy regarding use of the outdoor lights at City Hall to commemorate various holidays and events prior to authorizing their use.

Councilmember Burns thanked staff for installing a COVID-19 memorial; requested staff look into complaints of speeding on Valley View Road prior to the start of the next school year; commented on the mayoral term ballot measure; requested an update on Briggs Building parking garage security and maintenance; requested a policy addressing removal of graffiti;

18 suggested creation of a citizen volunteer program to combat graffiti; suggested appealed citations not be paid until an administrative hearing is held; and requested an update on the SNIP bus contract.

Councilmember Morales requested an update on the City's tree policy.

Mayor Casey reported on her attendance at the Hollister High School graduation; requested a proclamation for Benjamin Tollantino recognizing his recent wrestling and jiu jitsu championships; and requested staff send a letter to the Hollister School District regarding space for YMCA afterschool care.

City Manager Mirrione confirmed Council consensus on all requested items, except for utilizing the City Hall exterior lights to commemorate Pride Month and July Fourth. City Manager Mirrione provided an update on the SNIP bus contract.

12.3 CITY MANAGER REPORT
Police Chief Reynoso reported Captain Rosie Betanio was accepted to the Harvard leadership course.

1. UPDATED CITY COUNCIL PROJECTS

13. ADJOURNMENT
Motion to adjourn the meeting at 8:39

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Finance-2024-09

AGENDA ITEM: WARRANT REGISTER AUGUST 6, 2024

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD Casey Estorga, Administrative Services Director:

STAFF CONTACT: Maricela Romero, Account Tech II

RECOMMENDED ACTION: Ratify and approve the Warrant Registers for the General-Special-Enterprise-Assessments funds attached.

FISCAL IMPACT: 2023/2024

ATTACHMENTS:

1. Expense Approval Register AP 4-24-24.pdf

2. Expense Approval Register AP 4-25-24.pdf

3. Expense Approval Register PYR 4-25-24.pdf

4. Expense Approval Register DP 4-25-24.pdf

5. Expense Approval Register AP 5-1-24.pdf

6. Expense Approval Register AP 5-7-24.pdf

7. Expense Approval Register DP 5-8-24.pdf

8. Expense Approval Register PYR 5-8-24.pdf

9. Expense Approval Register AP 5-10-24.pdf

10. Expense Approval Register AP 5-16-24.pdf

11. Expense Approval Register AP 5-17-24.pdf

12. Expense Approval Register AP 5-17-24 (2).pdf

13. Expense Approval Register PYR 5-22-24.pdf

14. Expense Approval Register DP 5-28-24.pdf

15. Expense Approval Register 5-30-24 (2)

16. Expense Approval Register 5-30-24

17. Expense Approval Report PYR 6-5-24

18. Expense Approval Register DP 6-5-24

19. Expense Approval Register 6-7-24

20. Expense Approval Register 6-7-24 (2)

21. Expense Approval Register AP 6-11-24

22. Expense Approval Register AP 6-14-24

23. Expense Approval Register AP 6-18-24

24. Expense Approval Register PYR 6-18-24

25. Expense Approval Register DP 6-18-24

26. Expense Approval Register AP 6-21-24

27. Expense Approval Register AP 6-25-24

28. Expense Approval Register AP 6-28-24

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # City Clerk-2024-27

AGENDA ITEM: ADOPT ORDINANCE 1252, AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER 17.36 INCLUSIONARY HOURING

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt Ordinance 1252 Adding Section 17.36 to the Hollister Municipal Code related to Inclusionary Housing.

DISCUSSION: Ordinance 1252 was introduced at the June 18, 2024, City Council meeting, where the City Council held a public hearing and introduced an ordinance adding Section 17.36 to the Hollister Municipal Code. A second reading and adoption of the ordinance is required.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: Ordinance 1252 was introduced at the June 18, 2024, City Council meeting with the following vote: 4-1 (Vice Mayor Resendiz opposed).

CEQA: N/A

ATTACHMENTS:

1. Ordinance 1252

ORDINANCE NO. 1252

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING ZONING
ORDINANCE AMENDMENT 2023-4 TO ADOPT CHAPTER 17.36

INCLUSIONARY HOUSING

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

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

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

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

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

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

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

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

Ordinance No. 1252

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

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

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

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

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

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

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

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

WHEREAS, at the December 4, 2023 City Council meeting, af ter a duly noticed public hearing, the City Council determined to deny the draft ordinance as written; and

WHEREAS, at the February 20, 2024 City Council meeting, the City Council directed staff to make an amendment to the draft ordinance to modify the pr oposed split of affordability from 7% Very-Low Income, 5% Low Income, and 3% Moderate Income to 6% Very low Income, 5% Low Income, and 4% Moderate Income; and

Ordinance No. 1252

WHEREAS, at the March 18, 2024 City Council meeting, the City Council held a study session to review the revised draft ordinance and additional alternative compliance options, and provided direction to staff; and

WHEREAS, the City Council held a duly noticed public hearing on June 18, 2024 to consider the amended draft Chapter 17.36, Inclusionary Hou sing Program, during which all interested parties were heard; and

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

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

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 17 is amended to add Chapter 17.36, Inclusionary Housing Program, to read as follows:

Chapter 17.36 – Inclusionary Housing Program

17.36.010 – Chapter Title

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

17.36.020 – Purpose

The purpose of this Inclusionary Housing Program is to:

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

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

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

Ordinance No. 1252

17.36.030 – Definitions

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

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

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

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

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

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

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

Ordinance No. 1252

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

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

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

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

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

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

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

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

Ordinance No. 1252

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

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

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

17.36.040 – Effective Date and Inclusionary Housing Requirement Applicability

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

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

1. Accessory Dwelling Units.

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

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

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

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

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

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

Ordinance No. 1252

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

17.36.050 – Inclusionary Housing Requirements

All new applicable Residential Development Proje cts shall include Inclusionary Units.

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

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

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

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

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

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

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

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

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

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

Ordinance No. 1252

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

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

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

17.36.060 – Alternative Compliance

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

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

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

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

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

1. The city approves a Physical Needs Assessment performed by a qualified third-party housing professional approved by the city of each dwelling unit to be rehabilitated, the property upon which it is located, and any associated common areas; and all items identified in the Physical Needs Assessment

Ordinance No. 1252

as needing repair, replacement or maintenance are completed prior to the acceptance of the dwelling unit as an Inclusionary Unit.

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

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

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

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

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

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

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

17.36.070 - Inclusionary Unit Standards

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

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

Ordinance No. 1252

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

2. The City of Hollister or its designee.

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

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

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

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

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

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

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

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

E. Location. All Inclusionary Units shall:

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

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

3. Be dispersed throughout the Residential Development Project.

F. Eligibility Screening. The Administrator shall screen prospective buyers or renters of Inclusionary Units. Buyers of Inclusionary Units shall enter into an agreement with the city. Occupants must be selected by means of a n open, public process that ensures that individuals of a group of interested participants are selected in

Ordinance No. 1252

accordance with the city’s adopted policies. Private selection of individuals by project owners is not permitted for any Inclusionary Units.

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

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

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

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

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

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

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

Ordinance No. 1252

17.36.080 – Implementation and Enforcement

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

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

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

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

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

SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

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

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

Ordinance No. 1252

INTRODUCED at a regular City Council meeting on June 18, 2024.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 6th day of August 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 Lerner, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1252 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on 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-2024-30

AGENDA ITEM: CLAIM AGAINST THE CITY- FILED BY CARMEN VILLANUEVA

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Angie Gonzalez, Deputy City Clerk

RECOMMENDED ACTION: Deny the claim and authorize staff to send the notice of rejection to the claimant.

DISCUSSION: Carmen Villanueva filed a claim against the City on June 26, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a Project.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # City Attorney-2024-08

AGENDA ITEM: RESOLUTION APPROVING AND OPT INTO THE KROGER

NATIONAL OPIOID SUBDIVISION AGREEMENT

DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT:

RECOMMENDED ACTION: Adopt a resolution to approve and opt into the Kroger National Opioid Subdivision Agreement reached between the Kroger Company and the Department of Justice.

DISCUSSION:

A new proposed opioid settlement has been reached between the state of California and Kroger.

The City has opted into previous settlement agreements with Janssen Pharmaceuticals, along with three (3) opioid distributors, McKessen, Amerisource Bergen, and Cardinal Health, and has received a total of $76,897.69 in settlement funds. The Subdivision Agreement requires settlement funds be used for:

1. Matching funds or operational costs for substance use disorder (“SUD”) facilities with an approved project within the Behavioral Health Continuum Infrastructure Program (“BHCIP”).

2. Creating or expanding SUD treatment infrastructure within the community.

3. Addressing needs of communities of color and vulnerable populations (such as the unhoused) that are disproportionately impacted by SUD.

4. Diversion of people with SUD from the justice system into treatment options.

5. Interventions that target vulnerable youth.

6. The purchase and distribution of naloxone, with a focus on expanding access to combat acute opioid overdose.

The Subdivision Agreement also requires annual reporting to the California Department of Health Care Services (“DHCS”). The City is currently issuing a Request for Proposal for an Opioid Partnership Project; the purpose of which is to hire a contractor responsible spending the settlement funds on compliant services and for required annual reporting. Any funds received from the Kroger settlement will also be allocated to the contract with the chosen contractor.

The City Attorney has reviewed the Subdivision Agreement and is of the opinion that it adequately protects the City’s interests.

FISCAL IMPACT: Fifteen percent (15%) of the Kroger settlement will be allocated to all subdivisions in the state. It is uncertain at this time how much the City will receive.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Subdivision Agreement and related documents

RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HOLLISTER APPROVING AND OPT INTO THE KROGER

NATIONAL OPIOID SUBDIVISION AGREEMENT REACHED
BETWEEN THE KROGER CO. AND THE DEPARTMENT OF

JUSTICE

WHEREAS the state of California has reached a proposed settlement with Kroger related to Kroger National Opioid Settlement Agreement between the state of California and Kroger (“Agreement”); and

WHEREAS the Agreement allows many California subdivisions, including cities, to opt into a Subdivision Agreement, which allows the subdivision to participate in the Agreement; and

WHEREAS the City of Hollister (“City”) is a California subdivision and desires to participate in the Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister does hereby approve and opt into the Kroger National Opioid Subdivision Agreement.

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

AYES:

NOES:

ABSTAIN:

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. 2024-XXX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XXX 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

New National Opioids Settlement: KrogerOpioids Implementation [email protected] Hollister city, CAReference Number: CL-789718
TO LOCAL POLITICAL SUBDIVISIONS:

THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEWNATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE.

Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”)has been reached with Kroger (“Settling Defendant”). This Participation Package isa follow-up communication to the Notice of National Opioids Settlement recentlyreceived electronically by your subdivision.

You are receiving this Participation Package because California is participating inthe Kroger settlement.

This electronic envelope contains three attachments:
The Participation Form for the Kroger settlement, including a release of anyclaims; California State Subdivision Agreement for Kroger; and Side-letter agreement between California and Kroger
The Participation Form and California State-Subdivision Agreement mustbe executed, without alteration, and submitted on or before August 12,2024, in order for your subdivision to be considered for initialparticipation calculations and payment eligibility.

The side-letter agreement between California and Kroger modifies, as it applies toCalifornia, one injunctive relief term contained in Exhibit P, Section IX(5)(1) of theKroger National Settlement Agreement.

Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation issufficient for the settlement to move forward and whether a state earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective.

Any subdivision that does not participate cannot directly share in the settlementfunds, even if the subdivision’s state is settling and other participating subdivisionsare sharing in settlement funds. Any subdivision that does not participate may alsoreduce the amount of money for programs to remediate the opioid crisis in its state.

DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Please note, a subdivision will not necessarily directly receive settlement funds byparticipating; decisions on how settlement funds will be allocated within a state aresubject to intrastate agreements or state statutes.

You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your city attorney/county counsel, outside counsel representingyour city/county on opioid matters, the Attorney General’s Office, and othercontacts within your state. Many states are implementing and allocating funds forthis new settlement the same as they did for the prior opioids settlements withMcKesson, Cardinal, Cencora (formerly AmerisourceBergen), J&J/Janssen, Teva,Allergan, CVS, Walgreens, and Walmart but states may choose to treat thissettlement differently.

Information and documents regarding the New National Opioids Settlement andhow it is being implemented in your state and how funds will be allocated withinyour state can be found on the national settlement website at https://nationalopioidsettlement.com/ and the California Attorney General’s websiteat https://oag.ca.gov/opioids . This website will be supplemented as additionaldocuments are created. Please also refer to the Side-Letter Agreement with Kroger,which modifies the Kroger National Opioid Settlement’s injunctive relief within theState of California.

How to return signed forms:

There are three methods for returning the executed Participation Form, theCalifornia-State Subdivision Agreement (“Subdivision Agreement”), and anysupporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Form and theSubdivision Agreement electronically through DocuSign will return the signedform to the Implementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form and the Subdivision Agreement , allowing formore timely participation and the potential to meet higher settlementpayment thresholds, and is therefore strongly encouraged. (2)Manual Signature returned via DocuSign : DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields and note that execution and return of both the SubdivisionAgreement and the Participation Form are required for participation in thecorresponding settlement. As with electronic signature, returning a manuallysigned Participation Form and Subdivision Agreement via DocuSign willassociate your signed forms with your subdivision’s records. (3)Manual Signature returned via electronic mail : If your subdivision is unable toreturn an executed Participation Form and Subdivision Agreement usingDocuSign, the signed Participation Form and Subdivision Agreement may bereturned via electronic mail to [email protected]. Pleaseinclude the name, state, and reference ID of your subdivision in the body of DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

the email and use the subject line Settlement Participation Form –[Subdivision Name, Subdivision State] – [Reference ID]. N ote that executionand return of both the Subdivision Agreement and the Participation Form arerequired for participation in the corresponding settlement.

Detailed instructions on how to sign and return the Participation Form andSubdivision Agreement, including changing the authorized signer, can be found at https://nationalopioidsettlement.com/ . You may also [email protected].

The sign-on period for subdivisions ends on August 12, 2024.

If you have any questions about executing the Participation Form, please contact your city attorney/county counsel, outside counsel representing your city/county on opioids matters, the Implementation Administrator at [email protected], or the California Attorney General’s Office at [email protected] . Thank you,  New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form.

DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Subdivision Participation and Release Form
Governmental Entity: Hollister city State: CA
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/ Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1.The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein.

2.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/ .

3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein.

4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5.The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein.

6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National 1 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement.

7.The Governmental Entity has the right to enforce the Kroger Settlement as provided therein.

8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim.

9.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement.

10.In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement.
2 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature:/signer_1_kroger/
Name:/name_1_kroger/
Title:/title_1_kroger/
Date:/date_1_kroger/
3 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Kroger Settlement

1.Introduction
Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the “Kroger Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Kroger Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision.

2.Definitions
a)CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b)Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c)CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d)Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e)Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f)Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto.
g)Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
h)Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
i)CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, 1 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
j)Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k)Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3.General Terms
This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein.

Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4.State Allocation
The Settlement Fund payments to California,1 pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). 1 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

A.State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B.CA Abatement Accounts Fund
i.Allocation of CA Abatement Accounts Funds
a)Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b)A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c)A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, Inc., and McKesson Corporation (the “Distributors Settlement”). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d)A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and 3 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e)The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f)Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii.Use of CA Abatement Accounts Funds
a)The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement.
b)In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1)the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2)creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3)addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4)diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5)interventions to prevent drug addiction in vulnerable youth, including but not limited to, youth in foster care, juvenile justice-impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6)the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals.
4 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

c)The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d)For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii.CA Abatement Accounts Fund Oversight
a)Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement.
b)If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c)If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d)If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement.
5 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

e)Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C.CA Subdivision Fund
i.Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid- related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a)First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b)Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c)Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D.Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), 6 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

pursuant to Exhibit R, section I(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement.

Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5.State and Subdivision Reporting
a)DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b)Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c)The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

d)Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. e)In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6.Miscellaneous
a)The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b)Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c)Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d)Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

The undersigned, Hollister city, ACKNOWLEDGES acceptance of this Proposed California State- Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Kroger Settlement. EXECUTED on /date_1_kroger/.

Signature:/signer_1_kroger/

Name:/name_1_kroger/

Title:/title_1_kroger/

Date:/date_1_kroger/

9 DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change.

Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.

Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions.

Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C. Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to one- hundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

APPENDIX 1
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100.000%100.000%100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Alameda County Alameda 2.332%2.853%2.4237952%
City Alameda Alameda 0.069%0.0570162%
City Albany Alameda 0.013%0.0107768%
City Berkeley Alameda 0.152%0.1249656%
City Dublin Alameda 0.033%0.040%0.0338810%
City Emeryville Alameda 0.023%0.0185765%
City Fremont Alameda 0.108%0.0888576%
City Hayward Alameda 0.117%0.0966218%
City Livermore Alameda 0.054%0.0446740%
City Newark Alameda 0.026%0.0217626%
City Oakland Alameda 0.486%0.595%0.5055601%
City Piedmont Alameda 0.014%0.0114064%
City Pleasanton Alameda 0.067%0.0554547%
City San Leandro Alameda 0.039%0.0321267%
City Union City Alameda 0.043%0.0352484%
County Amador County Amador 0.226%0.277%0.2349885%
County Butte County Butte 1.615%1.975%1.6783178%
City Chico Butte 0.216%0.264%0.2246499%
City Oroville Butte 0.079%0.0646595%
County Calaveras County Calaveras 0.226%0.277%0.2351644% County Colusa County Colusa 0.059%0.0489221%
County Contra Costa County Contra Costa 2.102%2.571%2.1844585% City Antioch Contra Costa 0.037%0.0301879%
City Brentwood Contra Costa 0.026%0.0215339%
City Clayton Contra Costa 0.002%0.0018060%
City Concord Contra Costa 0.055%0.0456676%
City Danville Contra Costa 0.010%0.0082255%
City El Cerrito Contra Costa 0.023%0.0189024%
City Hercules Contra Costa 0.010%0.0078273%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Lafayette Contra Costa 0.006%0.0046030%
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City Martinez Contra Costa 0.012%0.0098593%
City Moraga Contra Costa 0.004%0.0031007%
City Oakley Contra Costa 0.010%0.0079416%
City Orinda Contra Costa 0.005%0.0038157%
City Pinole Contra Costa 0.013%0.0110909%
City Pittsburg Contra Costa 0.053%0.0436369%
City Pleasant Hill Contra Costa 0.013%0.0106309%
City Richmond Contra Costa 0.146%0.1201444%
City San Pablo Contra Costa 0.018%0.0148843%
City San Ramon Contra Costa 0.021%0.0176459%
City Walnut Creek Contra Costa 0.026%0.0212132%
County Del Norte County Del Norte 0.114%0.140%0.1189608% County El Dorado County El Dorado 0.768%0.939%0.7980034% City Placerville El Dorado 0.015%0.0127642%
City South Lake Tahoe El Dorado 0.081%0.0665456%
County Fresno County Fresno 1.895%2.318%1.9693410%
City Clovis Fresno 0.065%0.0536211%
City Coalinga Fresno 0.012%0.0098554%
City Fresno Fresno 0.397%0.3270605%
City Kerman Fresno 0.005%0.0042534%
City Kingsburg Fresno 0.008%0.0066167%
City Mendota Fresno 0.002%0.0019387%
City Orange Cove Fresno 0.004%0.0035607%
City Parlier Fresno 0.008%0.0069755%
City Reedley Fresno 0.012%0.0098804%
City Sanger Fresno 0.018%0.0146135%
City Selma Fresno 0.015%0.0127537%
County Glenn County Glenn 0.107%0.131%0.1116978%
County Humboldt County Humboldt 1.030%1.260%1.0703185%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Arcata Humboldt 0.054%0.0447660%
City Eureka Humboldt 0.117%0.143%0.1216284%
City Fortuna Humboldt 0.032%0.0266837%
County Imperial County Imperial 0.258%0.315%0.2679006%
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City Brawley Imperial 0.011%0.0087986%
City Calexico Imperial 0.019%0.0152799%
City El Centro Imperial 0.158%0.1302522%
City Imperial Imperial 0.006%0.0048791%
County Inyo County Inyo 0.073%0.089%0.0754413%
County Kern County Kern 2.517%3.079%2.6159145%
City Arvin Kern 0.006%0.0046425%
City Bakersfield Kern 0.212%0.1747198%
City California City Kern 0.009%0.0070820%
City Delano Kern 0.030%0.0249316%
City McFarland Kern 0.003%0.0025644%
City Ridgecrest Kern 0.015%0.0120938%
City Shafter Kern 0.013%0.0103417%
City Tehachapi Kern 0.009%0.0073580%
City Wasco Kern 0.008%0.0069861%
County Kings County Kings 0.293%0.2413469%
City Avenal Kings 0.007%0.0056335%
City Corcoran Kings 0.013%0.0107032%
City Hanford Kings 0.027%0.0226038%
City Lemoore Kings 0.016%0.0131900%
County Lake County Lake 0.795%0.6545389%
City Clearlake Lake 0.041%0.050%0.0426253%
City Lakeport Lake 0.021%0.026%0.0222964%
County Lassen County Lassen 0.319%0.391%0.3320610%
City Susanville Lassen 0.027%0.0219295%
County Los Angeles County Los Angeles 13.896%16.999%14.4437559% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Agoura Hills Los Angeles 0.005%0.0040024%
City Alhambra Los Angeles 0.042%0.0343309%
City Arcadia Los Angeles 0.033%0.0267718%
City Artesia Los Angeles 0.001%0.0005100%
City Azusa Los Angeles 0.026%0.0210857%
City Baldwin Park Los Angeles 0.027%0.0218520%
City Bell Los Angeles 0.008%0.0068783%
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City Bellflower Los Angeles 0.002%0.0014485%
City Bell Gardens Los Angeles 0.014%0.0114301%
City Beverly Hills Los Angeles 0.065%0.0534897%
City Burbank Los Angeles 0.100%0.0823132%
City Calabasas Los Angeles 0.006%0.0048948%
City Carson Los Angeles 0.019%0.0159805%
City Cerritos Los Angeles 0.005%0.0039682%
City Claremont Los Angeles 0.010%0.0082584%
City Commerce Los Angeles 0.000%0.0002971%
City Compton Los Angeles 0.044%0.0361882%
City Covina Los Angeles 0.028%0.0229127%
City Cudahy Los Angeles 0.001%0.0006020%
City Culver City Los Angeles 0.055%0.0449894%
City Diamond Bar Los Angeles 0.001%0.0006993%
City Downey Los Angeles 0.052%0.0429994%
City Duarte Los Angeles 0.003%0.0027261%
City El Monte Los Angeles 0.031%0.038%0.0318985%
City El Segundo Los Angeles 0.033%0.0268020%
City Gardena Los Angeles 0.034%0.0278088%
City Glendale Los Angeles 0.166%0.1366586%
City Glendora Los Angeles 0.016%0.0134411%
City Hawaiian Gardens Los Angeles 0.005%0.0040549%
City Hawthorne Los Angeles 0.050%0.0407833%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Hermosa Beach Los Angeles 0.018%0.0145307%
City Huntington Park Los Angeles 0.023%0.0190667%
City Inglewood Los Angeles 0.059%0.0489195%
City La Cañada Flintridge Los Angeles 0.003%0.0025565%
City Lakewood Los Angeles 0.005%0.0039971%
City La Mirada Los Angeles 0.010%0.0081572%
City Lancaster Los Angeles 0.045%0.0369689%
City La Puente Los Angeles 0.002%0.0012999%
City La Verne Los Angeles 0.024%0.0194190%
City Lawndale Los Angeles 0.002%0.0017731%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Lomita Los Angeles 0.004%0.0031940%
City Long Beach Los Angeles 0.439%0.3614151%
City Los Angeles Los Angeles 2.715%3.321%2.8218811%
City Lynwood Los Angeles 0.016%0.0134345%
City Malibu Los Angeles 0.002%0.0019269%
City Manhattan Beach Los Angeles 0.032%0.0260686%
City Maywood Los Angeles 0.004%0.0035528%
City Monrovia Los Angeles 0.031%0.0254455%
City Montebello Los Angeles 0.030%0.0250670%
City Monterey Park Los Angeles 0.031%0.0256677%
City Norwalk Los Angeles 0.031%0.0258228%
City Palmdale Los Angeles 0.046%0.0375827%
City Palos Verdes Estates Los Angeles 0.006%0.0053102%
City Paramount Los Angeles 0.011%0.0091483%
City Pasadena Los Angeles 0.146%0.1200524%
City Pico Rivera Los Angeles 0.022%0.0183333%
City Pomona Los Angeles 0.111%0.0911933%
City Rancho Palos Verdes Los Angeles 0.002%0.0012645%
City Redondo Beach Los Angeles 0.062%0.0506992%
City Rosemead Los Angeles 0.003%0.0028260%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City San Dimas Los Angeles 0.003%0.0022016%
City San Fernando Los Angeles 0.013%0.0104837%
City San Gabriel Los Angeles 0.018%0.0147726%
City San Marino Los Angeles 0.009%0.0073791%
City Santa Clarita Los Angeles 0.022%0.0178167%
City Santa Fe Springs Los Angeles 0.031%0.0257531%
City Santa Monica Los Angeles 0.158%0.1298513%
City Sierra Madre Los Angeles 0.006%0.0048646%
City Signal Hill Los Angeles 0.010%0.0084884%
City South El Monte Los Angeles 0.005%0.0039603%
City South Gate Los Angeles 0.020%0.0166272%
City South Pasadena Los Angeles 0.012%0.0095334%
City Temple City Los Angeles 0.005%0.0039498%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Torrance Los Angeles 0.112%0.0919820%
City Walnut Los Angeles 0.006%0.0047305%
City West Covina Los Angeles 0.049%0.0404521%
City West Hollywood Los Angeles 0.013%0.0108517%
City Whittier Los Angeles 0.032%0.0260581%
County Madera County Madera 0.349%0.427%0.3630669%
City Chowchilla Madera 0.012%0.0097332%
City Madera Madera 0.039%0.0318441%
County Marin County Marin 0.564%0.690%0.5861325%
City Larkspur Marin 0.015%0.0124697%
City Mill Valley Marin 0.020%0.0168401%
City Novato Marin 0.028%0.0229824%
City San Anselmo Marin 0.009%0.0078062%
City San Rafael Marin 0.089%0.0729823%
County Mariposa County Mariposa 0.084%0.103%0.0876131%
County Mendocino County Mendocino 0.439%0.536%0.4558394% City Ukiah Mendocino 0.039%0.0317153%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
County Merced County Merced 0.551%0.674%0.5724262%
City Atwater Merced 0.024%0.0195846%
City Livingston Merced 0.006%0.0045873%
City Los Banos Merced 0.020%0.0165142%
City Merced Merced 0.061%0.0500762%
County Modoc County Modoc 0.065%0.080%0.0678250%
County Mono County Mono 0.023%0.029%0.0242606%
County Monterey County Monterey 0.908%1.111%0.9437083%
City Greenfield Monterey 0.006%0.0050552%
City King City Monterey 0.005%0.0037355%
City Marina Monterey 0.017%0.0144098%
City Monterey Monterey 0.041%0.0336540%
City Pacific Grove Monterey 0.009%0.0074842%
City Salinas Monterey 0.094%0.0776576%
City Seaside Monterey 0.023%0.0191772%
City Soledad Monterey 0.007%0.0060870%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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County Napa County Napa 0.288%0.352%0.2994325%
City American Canyon Napa 0.017%0.0136869%
City Napa Napa 0.078%0.0642783%
County Nevada County Nevada 0.441%0.539%0.4579827%
City Grass Valley Nevada 0.024%0.0197805%
City Truckee Nevada 0.003%0.0023843%
County Orange County Orange 4.364%5.339%4.5363576%
City Aliso Viejo Orange 0.014%0.0113841%
City Anaheim Orange 0.554%0.678%0.5759282%
City Brea Orange 0.086%0.0708897%
City Buena Park Orange 0.087%0.0714352%
City Costa Mesa Orange 0.124%0.152%0.1288366%
City Cypress Orange 0.033%0.0271937%
City Dana Point Orange 0.001%0.0005560%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Fountain Valley Orange 0.055%0.0455980%
City Fullerton Orange 0.137%0.168%0.1425744%
City Garden Grove Orange 0.213%0.1752482%
City Huntington Beach Orange 0.247%0.302%0.2568420%
City Irvine Orange 0.139%0.170%0.1442350%
City Laguna Beach Orange 0.047%0.058%0.0493043%
City Laguna Hills Orange 0.014%0.0115457%
City Laguna Niguel Orange 0.001%0.0007071%
City Laguna Woods Orange 0.001%0.0006546%
City La Habra Orange 0.060%0.073%0.0621049%
City Lake Forest Orange 0.012%0.0101249%
City La Palma Orange 0.012%0.0095439%
City Los Alamitos Orange 0.008%0.0069190%
City Mission Viejo Orange 0.014%0.0117560%
City Newport Beach Orange 0.179%0.1470134%
City Orange Orange 0.150%0.1231320%
City Placentia Orange 0.029%0.035%0.0298912%
City Rancho Santa Margarita Orange 0.001%0.0006296%
City San Clemente Orange 0.008%0.010%0.0086083%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City San Juan Capistrano Orange 0.008%0.0065510%
City Santa Ana Orange 0.502%0.614%0.5213866%
City Seal Beach Orange 0.020%0.0165891%
City Stanton Orange 0.035%0.0291955%
City Tustin Orange 0.073%0.0600341%
City Westminster Orange 0.104%0.127%0.1082721%
City Yorba Linda Orange 0.044%0.0362223%
County Placer County Placer 1.045%1.278%1.0861002%
City Auburn Placer 0.017%0.0141114%
City Lincoln Placer 0.031%0.0255599%
City Rocklin Placer 0.076%0.0625485%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Roseville Placer 0.196%0.1616559%
County Plumas County Plumas 0.205%0.251%0.2128729%
County Riverside County Riverside 4.534%5.547%4.7128296% City Banning Riverside 0.017%0.0143848%
City Beaumont Riverside 0.021%0.0171135%
City Blythe Riverside 0.012%0.0096714%
City Canyon Lake Riverside 0.000%0.0001761%
City Cathedral City Riverside 0.067%0.0553614%
City Coachella Riverside 0.021%0.0173054%
City Corona Riverside 0.147%0.1207083%
City Desert Hot Springs Riverside 0.024%0.0200433%
City Eastvale Riverside 0.000%0.0002747%
City Hemet Riverside 0.051%0.0421792%
City Indio Riverside 0.056%0.0457794%
City Jurupa Valley Riverside 0.001%0.0008991%
City Lake Elsinore Riverside 0.021%0.0172949%
City La Quinta Riverside 0.063%0.0516732%
City Menifee Riverside 0.032%0.0260909%
City Moreno Valley Riverside 0.137%0.1130348%
City Murrieta Riverside 0.048%0.059%0.0497423%
City Norco Riverside 0.016%0.0134542%
City Palm Desert Riverside 0.083%0.0682465%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Palm Springs Riverside 0.076%0.0629862%
City Perris Riverside 0.009%0.0076774%
City Rancho Mirage Riverside 0.052%0.0431098%
City Riverside Riverside 0.268%0.2206279%
City San Jacinto Riverside 0.010%0.0085936%
City Temecula Riverside 0.022%0.0180086%
City Wildomar Riverside 0.008%0.0062500%
County Sacramento County Sacramento 3.797%4.645%3.9465887% Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Citrus Heights Sacramento 0.057%0.0465312%
City Elk Grove Sacramento 0.130%0.1066994%
City Folsom Sacramento 0.108%0.0890850%
City Galt Sacramento 0.017%0.0143704%
City Rancho Cordova Sacramento 0.008%0.0067679%
City Sacramento Sacramento 0.721%0.882%0.7496530%
County San Benito County San Benito 0.106%0.130%0.1101417% City Hollister San Benito 0.027%0.0225355%
County San Bernardino County San Bernardino 3.259%3.987%3.3878124% City Adelanto San Bernardino 0.008%0.0066640%
City Apple Valley San Bernardino 0.025%0.0207360%
City Barstow San Bernardino 0.015%0.0122056%
City Chino San Bernardino 0.064%0.0525893%
City Chino Hills San Bernardino 0.001%0.0006388%
City Colton San Bernardino 0.031%0.0253443%
City Fontana San Bernardino 0.112%0.0920543%
City Grand Terrace San Bernardino 0.006%0.0051051%
City Hesperia San Bernardino 0.035%0.0291522%
City Highland San Bernardino 0.004%0.0029061%
City Loma Linda San Bernardino 0.009%0.0071188%
City Montclair San Bernardino 0.039%0.0322108%
City Ontario San Bernardino 0.179%0.1472934%
City Rancho Cucamonga San Bernardino 0.084%0.0689431%
City Redlands San Bernardino 0.057%0.0469150%
City Rialto San Bernardino 0.073%0.0603206%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City San Bernardino San Bernardino 0.178%0.1461880%
City Twentynine Palms San Bernardino 0.002%0.0012605%
City Upland San Bernardino 0.052%0.0424460%
City Victorville San Bernardino 0.033%0.0269400%
City Yucaipa San Bernardino 0.016%0.0128772%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Yucca Valley San Bernardino 0.003%0.0021228%
County San Diego County San Diego 5.706%6.980%5.9309748% City Carlsbad San Diego 0.128%0.1050485%
City Chula Vista San Diego 0.189%0.231%0.1961456%
City Coronado San Diego 0.044%0.0359095%
City El Cajon San Diego 0.113%0.0933582%
City Encinitas San Diego 0.061%0.074%0.0630289%
City Escondido San Diego 0.145%0.1192204%
City Imperial Beach San Diego 0.014%0.0118283%
City La Mesa San Diego 0.055%0.068%0.0575593%
City Lemon Grove San Diego 0.022%0.0183911%
City National City San Diego 0.080%0.0656808%
City Oceanside San Diego 0.213%0.1753428%
City Poway San Diego 0.062%0.0511040%
City San Diego San Diego 1.975%2.416%2.0531169%
City San Marcos San Diego 0.089%0.0733897%
City Santee San Diego 0.033%0.0268401%
City Solana Beach San Diego 0.017%0.0138564%
City Vista San Diego 0.052%0.0425144%
Consolidated San Francisco San Francisco 3.026%3.702%3.1457169% County San Joaquin County San Joaquin 1.680%2.055%1.7460399% City Lathrop San Joaquin 0.009%0.0075394%
City Lodi San Joaquin 0.053%0.0439484%
City Manteca San Joaquin 0.054%0.0443454%
City Ripon San Joaquin 0.013%0.0104219%
City Stockton San Joaquin 0.313%0.383%0.3256176%
City Tracy San Joaquin 0.084%0.0692047%
County San Luis Obispo County San Luis Obispo 0.816%0.999%0.8484126% DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Arroyo Grande San Luis Obispo 0.024%0.0199053%
City Atascadero San Luis Obispo 0.029%0.0240680%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City El Paso de Robles (Paso Robles)San Luis Obispo 0.043%0.0353456% City Grover Beach San Luis Obispo 0.017%0.0137881%
City Morro Bay San Luis Obispo 0.020%0.0160922%
City San Luis Obispo San Luis Obispo 0.077%0.0637841%
County San Mateo County San Mateo 1.074%1.313%1.1159599% City Belmont San Mateo 0.021%0.0169860%
City Burlingame San Mateo 0.019%0.0152537%
City Daly City San Mateo 0.044%0.0363880%
City East Palo Alto San Mateo 0.013%0.0103982%
City Foster City San Mateo 0.020%0.0166101%
City Half Moon Bay San Mateo 0.004%0.0031638%
City Hillsborough San Mateo 0.013%0.0110029%
City Menlo Park San Mateo 0.015%0.0126209%
City Millbrae San Mateo 0.013%0.0105836%
City Pacifica San Mateo 0.016%0.0130625%
City Redwood City San Mateo 0.056%0.0463511%
City San Bruno San Mateo 0.021%0.0172161%
City San Carlos San Mateo 0.013%0.0108885%
City San Mateo San Mateo 0.052%0.0425841%
City South San Francisco San Mateo 0.043%0.0353943%
County Santa Barbara County Santa Barbara 1.132%1.385%1.1768968% City Carpinteria Santa Barbara 0.001%0.0008938%
City Goleta Santa Barbara 0.004%0.0028969%
City Lompoc Santa Barbara 0.047%0.0389379%
City Santa Barbara Santa Barbara 0.122%0.1004559%
City Santa Maria Santa Barbara 0.058%0.0479179%
County Santa Clara County Santa Clara 2.404%2.941%2.4987553% City Campbell Santa Clara 0.014%0.0112566%
City Cupertino Santa Clara 0.008%0.0066824%
City Gilroy Santa Clara 0.025%0.0202891%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Los Altos Santa Clara 0.013%0.0103338%
City Los Gatos Santa Clara 0.013%0.0103220%
City Milpitas Santa Clara 0.036%0.0298120%
City Morgan Hill Santa Clara 0.015%0.0124619%
City Mountain View Santa Clara 0.041%0.0334608%
City Palo Alto Santa Clara 0.039%0.0323080%
City San Jose Santa Clara 0.294%0.360%0.3054960%
City Santa Clara Santa Clara 0.067%0.0549723%
City Saratoga Santa Clara 0.004%0.0034161%
City Sunnyvale Santa Clara 0.053%0.0434069%
County Santa Cruz County Santa Cruz 0.783%0.957%0.8135396% City Capitola Santa Cruz 0.020%0.0168191%
City Santa Cruz Santa Cruz 0.143%0.1180348%
City Scotts Valley Santa Cruz 0.015%0.0126525%
City Watsonville Santa Cruz 0.063%0.0520136%
County Shasta County Shasta 1.095%1.339%1.1380191%
City Anderson Shasta 0.024%0.0198896%
City Redding Shasta 0.284%0.2334841%
City Shasta Lake Shasta 0.004%0.0031993%
County Siskiyou County Siskiyou 0.228%0.279%0.2373393%
County Solano County Solano 0.760%0.6260795%
City Benicia Solano 0.031%0.0253903%
City Dixon Solano 0.016%0.0130849%
City Fairfield Solano 0.109%0.0897317%
City Suisun City Solano 0.021%0.0176183%
City Vacaville Solano 0.119%0.0976497%
City Vallejo Solano 0.167%0.1373644%
County Sonoma County Sonoma 1.218%1.490%1.2661290%
City Healdsburg Sonoma 0.032%0.0266929%
City Petaluma Sonoma 0.081%0.0667507%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Rohnert Park Sonoma 0.041%0.0340759%
City Santa Rosa Sonoma 0.184%0.1519070%
City Sonoma Sonoma 0.022%0.0183438%
City Windsor Sonoma 0.016%0.0129298%
County Stanislaus County Stanislaus 1.722%1.4182273%
City Ceres Stanislaus 0.041%0.0340260%
City Modesto Stanislaus 0.217%0.1788759%
City Newman Stanislaus 0.006%0.0046964%
City Oakdale Stanislaus 0.018%0.0145531%
City Patterson Stanislaus 0.015%0.0126590%
City Riverbank Stanislaus 0.010%0.0085699%
City Turlock Stanislaus 0.065%0.0531966%
County Sutter County Sutter 0.306%0.374%0.3179548%
City Yuba City Sutter 0.074%0.0606242%
County Tehama County Tehama 0.213%0.261%0.2216654%
City Red Bluff Tehama 0.014%0.0117771%
County Trinity County Trinity 0.082%0.101%0.0855476%
County Tulare County Tulare 0.809%0.990%0.8410949%
City Dinuba Tulare 0.014%0.0116929%
City Exeter Tulare 0.004%0.0032479%
City Farmersville Tulare 0.003%0.0027879%
City Lindsay Tulare 0.007%0.0057111%
City Porterville Tulare 0.021%0.0171845%
City Tulare Tulare 0.037%0.0302273%
City Visalia Tulare 0.066%0.0545872%
County Tuolumne County Tuolumne 0.486%0.594%0.5047621%
County Ventura County Ventura 2.192%2.681%2.2781201%
City Camarillo Ventura 0.002%0.0012815%
City Fillmore Ventura 0.002%0.0020294%
City Moorpark Ventura 0.008%0.0067337%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allocation
Percentage
City Oxnard Ventura 0.156%0.190%0.1617338%
City Port Hueneme Ventura 0.021%0.0174145%
City San Buenaventura (Ventura)Ventura 0.085%0.0702181% DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

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City Santa Paula Ventura 0.014%0.0119072%
City Simi Valley Ventura 0.065%0.0533043%
City Thousand Oaks Ventura 0.022%0.0179902%
County Yolo County Yolo 0.357%0.437%0.3713319%
City Davis Yolo 0.055%0.0451747%
City West Sacramento Yolo 0.066%0.0544321%
City Woodland Yolo 0.058%0.0477904%
County Yuba County Yuba 0.214%0.262%0.2225679%
City Marysville Yuba 0.014%0.0112079%
DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

1 APPENDIX 2
Cost Reimbursement Procedure

1.Additional defined terms:
a)Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b)First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c)Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d)Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2.Cost Reimbursement to Plaintiff Subdivision
a)Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
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DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

2 b)Claims Procedure.
i.If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii.A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii.The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv.The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v.Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

3 reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi.The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section V(B)(2) of the Kroger Settlement Agreement.
vii.A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Kroger a report of the fees and expenses incurred by the Special Master pursuant to Section V(B)(2) of the Kroger Settlement Agreement.
c)Claims Priority and Limitation.
i.The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii.Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii.Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv.Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v.In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi.In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.

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4 d)Collateral Source Payments and Third-Party Settlement. i.In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii.In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above.

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1 APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Kroger Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State Back- Stop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Kroger Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Kroger Settlement Agreement and CA Kroger Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Kroger Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Kroger Settlement.
[COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State Back- Stop Agreement” in Exhibit R of the Kroger Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE][SUBDIVISION SIGNATURE BLOCK]
[DATE][COUNSEL SIGNATURE BLOCK]
[DATE][ATTORNEY GENERAL SIGNATURE BLOCK]
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BY E-MAIL
2001 M Street, NW Suite 600
Washington, DC 20036
+1 202 682 7000 tel
+1 202 857 0940 fax

March 28, 2024
Chantale Fiebig
+1 (202) 682-7200
[email protected]
David Jones
Supervising Deputy Attorney General
Healthcare Rights & Access Section
Department of Justice
1300 I Street
Sacramento, CA 95814
Phone: (916) 210-7861
Email: [email protected]

Re: Kroger Opioids Settlement Agreement
Dear Mr. Jones:

This letter summarizes the agreement reached between Kroger and the State of California regarding the multistate Kroger Settlement Agreement dated March 22, 2024 regarding opioid claims by states and subdivisions (the "Multistate Kroger Settlement Agreement").

The Kroger Co. and all of its direct and indirect subsidiaries ("Kroger"), and the State of California, by and through its Attorney General Rob Bonta, have agreed to the following modification to the Multistate Kroger Settlement Agreement in its application to California. For the avoidance of doubt, the limited modification set forth below applies only to California and to no other state or territory.

The “Prescription Red Flag” described in Section IX(5)(a) of Exhibit P to the Multistate Kroger Settlement Agreement is modified in its entirety to read as follows:

A Controlled Substance prescription fails to meet the requirements of law. For the sake of clarity, minor deficiencies in the patient’s name, address, date of birth, or contact information are not a red flag if the pharmacist, in his or her professional judgment and usual course of practice, is able to resolve these deficiencies with the patient.

This limited California-specific modification was a necessary condition for California's decision to sign- on as a participating state to the Multistate Kroger Settlement Agreement.

For the avoidance of doubt, all other terms and provisions in the Multistate Kroger Settlement Agreement remain the same, including without limitation all “Prescription Red Flags” not specified above, all DocuSign Envelope ID: A33D79E5-98E9-4E42-AC97-BF10EDE446F3

David Jones
March 28, 2024

definitions, all release provisions, the eleven-year-payment schedule and all other terms and provisions of the payment schedule, and all other terms and provisions.

These terms and this letter shall be included in a stipulated judgment to be filed in a Superior Court in the State of California.

Sincerely,
Chantale Fiebig
Counsel for The Kroger Co.

SO AGREED BY AND ON BEHALF OF THE STATE OF CALIFORNIA:

________________________________
Name: David A. Jones
Title: Supervising Deputy Attorney General
Date: March 29, 2024
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 6, 2024
REPORT # Development Services-2024-16

AGENDA ITEM: A CONTRACT AMENDMENT WITH EMC PLANNING GROUP FOR

PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE MERIDIAN

VILLAGE PROJECT

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Magda Gonzalez, Contract Senior Planner

RECOMMENDED ACTION: Adopt a resolution authorizing the execution of an amended Professional Services Agreement with EMC Planning Group for environmental consulting services and associated technical studies to now include an EIR for Meridian Village Tentative Map 2022-2 and Site & Architectural Review 2022-

15. DISCUSSION: On October 16, 2023, the City of Hollister Development Services Department released an RFP for environmental consulting services. The City of Hollister Development Services Department received five proposals. EMC Planning Group provided all the requested information, including financial statements, and has not been involved in lawsuits, claims, etc. that would raise concern as to their ability to perform the necessary tasks. As such, EMC Planning Group was selected as the firm to perform environmental services.

Following its selection, EMC Planning Group began providing environmental consulting services for Tentative Map 2022-2 and Site & Architectural Review application 2022-15.

The project is a 12.75-acre multi-family residential project consisting of 219 units, a 16,170 square foot park, and a recreation facility. The project would include 129 two - story townhomes and 90 apartments in five three-story buildings. The proposal includes the subdivision of the existing 12.75-acre parcel into five parcels and five lots. As part of the required technical studies, EMC Planning Group’s consultant was tasked with drafting a Transportation Impact Analysis to determine potential impacts to the Meridian Street and State Highway 25 intersection. The transportation analysis included a CEQA- required Vehicle Miles Traveled (VMT) analysis as well as a Level of Service (LOS) analysis to determine the need for any related traffic improvements resulting from the proposed project and to determine consistency with City of Hollister General Plan requirements.

EMC Planning Group’s traffic consultant has determined that potential traffic impacts are significant and unavoidable thus requiring an Environmental Impact Report (EIR) to adequately evaluate the potential impacts and comply with CEQA requirements. Per the City’s existing agreement with EMC, in the event an Initial Study determines that potential significant impacts exist to air quality or other environmental factors, a contract amendment to allow for preparation of an Environmental Impact Report is required.

This resolution authorizes the City Manager to execute the required contract as well as

any future necessary amendments.

FISCAL IMPACT: All consulting fees incurred for the project will be paid by the Meridian Village project applicant and will include the City’s adopted Project Management overhead costs for staff time.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City’s existing Professional Services Agreement with EMC for initial environmental services for the Meridian Village project was approved by the City Council on December 18, 2023 (Reso. No. 2023-252).

CEQA: The execution of a contract amendment is not a project subject to CEQA, however, the project being evaluated under the services of the contract has identified potentially significant and unavoidable impacts, thus requiring the preparation of an Environmental Impact Report.

ATTACHMENTS:

1. Resolution approving the execution of a contract amendment

2. Executed Professional Service Agreement (December 18, 2023)

3. Revised Scope of Work Proposal – EMC Planning Group

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT

AMENDMENT WITH EMC PLANNING GROUP FOR THE

PREPARATION OF ENVIRONMENTAL DOCUMENTS TO NOW

INCLUDE A FOCUSED ENVIRONMENTAL IMPACT REPORT

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) FOR THE MERIDIAN VILLAGE PROJECT (TENTATIVE MAP
2022-2 AND SITE & ARCHITECTURAL REVIEW 2022-15)

WHEREAS, the City of Hollister Community Development Department Planning Division released a Request for Proposals for Environmental Consulting Services and Related Technical Studies on October 16, 2023; and

WHEREAS, EMC Planning Group was awarded the contract; and

WHEREAS, during the course of the environmental evaluation of the projec t, it was determined that there was the potential for a significant and unavoidable impact related to traffic (vehicle miles traveled) and an Environmental Impact Report must therefore be prepared, which is beyond the initial scope of work for the project; and

WHEREAS, a revised scope of work and cost estimate has been provided by EMC Planning Group for the necessary additional work and reviewed by staff for adequacy and consistency with the California Environmental Quality Act (CEQA), and has been reviewed by the project applicant who will fund the consultant work on behalf of their project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize the City Manager to execute a contract amendment with EMC Plannin g Group for the preparation of an Environmental Impact Report pursuant to CEQA for the Meridian Village Project.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister does hereby additionally authorize the City Manager to negotiate, execu te, and amend this contract as necessary for any additional work that is applicant-funded for the Meridian Village Project.

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 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

AGREEMENT FOR PROFESSIONAL SERVICES

CITY OF HOLLISTER

ENVIRONMENTAL SERVICES AGREEMENT

This services agreement (“Agreement”) is made and entered into effective December 18, 2023 (the “Effective Date”), by and between the City of Hollister (“City”) and EMC Planning Group (“Contractor” and together with City, the “Parties”).

1. Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): For the Meridian Village project (“Project”), Tentative Map 2022-2 and Site & Architectural Review 2022-15 for a multi-family (as further described in Exhibit A to this Agreement). Contractor shall provide services related to the Project other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). “Services” shall mean Basic and Additional Services. Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services and the Project. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by EMC Planning Group professionals specially qualified to provide the services required by the City.

2. Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.

3. Term. The term for performance of the Services shall be the duration of the Project (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper. The term for performance of the Services shall begin on December 18, 2023, and shall end on December 18, 2024 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination.

Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if (1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City’s insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor’s insolvency. Such termination shall be effective immediately upon Contractor’s receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed, and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed ninety-one-thousand six-hundred-ninety-two dollars and fifteen cents ($91,692.15), which consists of a lump sum of forty-thousand eight-hundred-fifteen dollars ($40,815.00) for performance of the Basic Services, and a not-to-exceed amount of fifty-thousand eight-hundred-seventy-seven dollars and fifteen cents ($50,877.15) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

5.1 Reimbursement for Certain Expenses. Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.

6. Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to or death of persons or DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

damage to property or delay or damage to the City or the City Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against City alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).

7. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services.

Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.

8. Insurance. Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $2 million each occurrence and $4 million in the aggregate; (ii) commercial automobile liability insurance with limits not less than $1 million each occurrence; (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq.; and (iv) professional liability insurance covering errors and omissions. Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties.

A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.

9. Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business. Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.

10. Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.

11. Confidential Information. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City, or required by law.

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work.

No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

13. Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

14. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the District. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District.

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval of it by the City Council, City shall give Contractor written notice to proceed with the Services. Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.

16. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

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17. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.

18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.

19. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the address located next to the party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.

20. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

21. Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

22. Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

23. Liability of City. Notwithstanding anything stated herein to the contrary, City shall not be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.

24. Time. Time is of the essence for performance of the Services under this Agreement.

25. Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.

26. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

27. Ownership of Documents. All plans, studies, drawings, calculations, reports, specifications, estimates, and other documents or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared by the Contractor under this Agreement (“Documents”) shall be and shall remain the property of the City for all purposes, not only as they relate or may relate to the Services but as they relate or may relate to any other project. Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than seven (7) years. Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.

28. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents (“Intellectual Property”) not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and subconsultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or consultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re-use of the Intellectual Property by the City in relation to other projects. Contractor represents and warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.

29. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

30 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

31. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

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32. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

33. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.

34. Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other party, demand mediation of any dispute. The parties shall endeavor to include any third-party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees. Each party shall bear its own attorney’s fees related to the mediation.

35. Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code §2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request.

36. Sanctions in Response to Russian Aggression. The City requires Contractor to comply with the Governor’s March 4, 2022, Executive Order N-6-22 (“Order”) relating to any existing sanctions imposed by the United States government and the State of California in response to Russia’s actions in Ukraine, including additional requirements for contracts of $5 million or more.

Failure to comply may result in the termination of the Contract.

* * * * * * * * * * * * * * * * * * * *

CITY OF HOLLISTER CONTRACTOR: _______________________

By:

Name:

Title:

By:

Name:

Title:

Address for City Notices: Address for Contractor Notices:

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Michael J. Groves
EMC Planning Group
DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49 339 Fifth Street
Hollister, CA 95023
Development Services
David Mirrione
City Manager

EXHIBIT A

Scope of Services

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October 30, 2023
Magda Gonzalez
Contract Senior Planner
City of Hollister
339 Fifth Street
Hollister, CA 95023
Re: Meridian Village (TM 2022-2 and S&A 2022-15) Initial Study/Mitigated Negative Declaration Proposal
Dear Magda,
EMC Planning Group is pleased to submit our proposal for the Meridian Village project (TM 2022-2 and S&A 2022-15) to prepare an initial study and mitigated negative declaration.

This project will be managed from our Monterey office located at 601 Abrego Street (831- 649-1799).

EMC Planning Group has been providing CEQA compliance services to the City of Hollister for decades and has significant experience preparing initial studies, analyzing biological resources, and air quality and greenhouse gas emissions modeling in Hollister and within the unincorporated County of San Benito. We look forward to continuing a long relationship with the City. In addition to WJV Acoustics and Hexagon Transportation Consultants joining our team to prepare the environmental noise assessment and transportation analysis/VMT analysis, respectively, our in-house team of highly qualified planners, biologists, archaeologist, and GIS and graphics technicians will provide the City with a level of professional and quality support to ensure timely and excellent environmental services. All environmental topics within the initial study will be adequately addressed and any significant impacts will be identified and mitigated as appropriate. EMC Planning Group will also prepare response to comments and a mitigation monitoring and reporting program.

The cost estimate for this proposal is valid for 180 days.

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Magda Gonzalez
City of Hollister
October 30, 2023, Page 2
Enclosed is our proposal to prepare the initial study and mitigated negative declaration.

Attached to this cover letter is the Proposer Identification Form, as requested by the request for proposals document.

If you have any questions, please contact Shoshana Lutz at [email protected] or at 831-649-1799.

Sincerely,

Michael J. Groves, AICP
President and Senior Principal
Attachment: Proposer Identification Form
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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit B

REQUEST FOR PROFESSIONAL QUALIFICATIONS AND PROPOSAL

MERIDIAN VILLAGE

PROPOSER IDENTIFICATION

1.Legal name of the Company:

2.Street Address:

3.Mailing Address:

4.Business Telephone:

5.Facsimile Telephone:

6.Email Address:

7.Type of Business:Sole Proprietor Partnership Corporation (State) Other:

8.Business License Number issued by the City where the Proposer’s principal place of business is located.

Number: Issuing City/State:

9.Federal Tax ID NO. DIR No.

10.Proposer’s Project Manager:

11.Contact Person if different from Project Manager:

Signature of Preparer of Proposal
Date:

Anticipated Start Date:

EMC Planning Group, Inc.
601 Abrego Street, Monterey CA 93940
same as above
n/a
831-649-1799
Teri Wissler Adam
Shoshana Lutz
Immediately Upon Contract Approval
[email protected]
S-Corporation
99743 Monterey, California
n/a77-0126607
10/27/23
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Proposal
Meridian Village Project
Initial Study/Mitigated Negative
Declaration
TM 2022-2 and S&R 2022-15

October 30, 2023
Prepared by
EMC Planning Group
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This document was produced on recycled paper.

PROPOSAL

M ERIDIAN V ILLAGE P ROJECT

I NITIAL S TUDY/MITIGATED NEGATIVE

D ECLARATION
TM 2022-2 AND S &R 2022-15

PREPARED FOR
City of Hollister
Magda Gonzalez, Contract Senior Planner
339 Fifth Street
Hollister, CA 95023
Tel 925.789.7160
[email protected]

PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
October 30, 2023
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Table of Contents

1.0 BACKGROUND AND PROJECT SUMMARY ............................................................... 1-1

1.1 Project Understanding ........................................................................................................... 1-1

1.2 Background .............................................................................................................................. 1-1

1.3 Project Objective .................................................................................................................... 1-2

2.0 METHODOLOGY ....................................................................................................... 2-1

2.1 Approach ................................................................................................................................. 2-1

2.2 Scope of Work ........................................................................................................................ 2-1

2.3 Project Schedule...................................................................................................................... 2-9

3.0 STAFFING ................................................................................................................... 3-1

4.0 QUALIFICATIONS ...................................................................................................... 4-1

4.1 EMC Planning Group ............................................................................................................ 4-1

4.2 WJV Acoustics ........................................................................................................................ 4-6

4.3 Hexagon Transportation Consultants ................................................................................. 4-7

5.0 FINANCIAL CAPACITY .............................................................................................. 5-1

6.0 FEE PROPOSAL .......................................................................................................... 6-1

7.0 DISCLOSURE .............................................................................................................. 7-1

8.0 EX PARTE COMMUNICATIONS ................................................................................ 8-1

9.0 AGREEMENT ALTERATIONS .................................................................................... 9-1

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Attachments
Attachment A Hexagon Transportation Consultants Scope of Work and Hours Attachment B EMC Planning Group Resumes
Attachment C WJV Acoustics Resume
Attachment D Hexagon Transportation Consultants Resumes Attachment E Financial Statements
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Section 1.0 Background and Project Summary 1-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023

1.0 Background and Project Summary

1.1 Project Understanding
The City of Hollister (“City”) received a Tentative Map and a Site and Architectural Review application for a residential subdivision project on a 12.75-acre property located within the City of Hollister, west of State Route 25 and south of Meridian Street (APN 054-600-005) (“project site”).

The Meridian Village project proposes to subdivide the 12.75-acre parcel into five individual lots, with a total of 219 multi-family units. The proposed square footage and use on each lot is provided below:
 Lot 1 - 89,104 square feet with five apartment buildings, each building consisting of 18 units for a total of 90 apartment units, as well as a 16,170 square foot recreation center and private park area; and
 Lots 2 through 5 would be developed with three-bedroom and four-bedroom townhome-style dwelling units, organized into 3-plex, 4-plex, 5-plex, and 6-plex buildings for a total of 129 townhome-style multi-family (condominium) units. The square footages on each lot are as follows:
• Lot 2 - 40,058 square feet;
• Lot 3 - 85,861 square feet;
• Lot 4 - 89,205 square feet; and
• Lot 5 - 50,163 square feet.

The project site is currently vacant with commercial and residential uses to the west, residential uses to the north, State Route 25 and residential uses to the east, and commercial uses to the south. The project site is designated by the City General Plan for Mixed-Use and is zoned Neighborhood Mixed-Use (NMU).

1.2 Background
An initial study and mitigated negative declaration were previously prepared in 2006 for the project site for the Guerra Pre-zoning, Zone Change, and C-District Review project. The previous project proposed mixed uses, including up to 250,000 square feet of commercial uses and 120 multi-family residential units. This previous project involved a larger area than the currently proposed project DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 1.0 Background and Project Summary 1-2 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023 site. Since preparation of the 2006 initial study, the project was significantly revised and is now known as the Meridian Village project. The proposed project site has been reduced in size and the parcel has since been annexed.

1.3 Project Objective
EMC Planning Group will review the proposed project and prepare an initial study and mitigated negative declaration adequate under the current requirements of CEQA with the resulting environmental effects appropriately mitigated.

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Section 2.0 Methodology 2-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

2.0 Methodology

2.1 Approach
In providing environmental services to jurisdictions, we strive to work seamlessly with City staff and within the City’s established processes. We always try to make our work indistinguishable from the jurisdiction’s standard in format, content, and approach. We review the jurisdiction’s general plan, codes, approval processes, application forms, public handouts, sample agenda packets, or anything else available to guide us in knowing how the jurisdiction works and we collect templates or examples of commonly used formats. If the jurisdiction has a file-naming convention, we follow it.

We establish a communications protocol so that everyone is on the same page from the outset, and discuss expectations on when and how we will share information, and any standards for meeting with applicants or other third parties. Our goal is always to fit invisibly into the jurisdiction’s system, to be an asset to the team, and to make our relationship as beneficial to the City staff as possible.

We have very successfully used these approaches in past contract work for jurisdictions. Our immediate communication of important information has kept jurisdictions abreast of changing circumstances or new information, allowing for timely reactions or adjustments. Our efficient approach has enabled us to complete work on time and on-budget, and sometimes under budget.

Our use of comprehensive schedules, which we update as necessary, helps us track progress and ensure that critical prerequisite tasks are not ignored.

2.2 Scope of Work
This scope of work assumes the preparation of an initial study and mitigated negative declaration would be required. If it is determined that the potential for significant impacts exist, an amendment to the contract and preparation of an environmental impact report will be required.

EMC Planning Group will prepare the initial study and mitigated negative declaration in compliance with the California Environmental Quality Act (CEQA) and its implementing guidelines. The initial study will analyze all required environmental issues.

The proposed tasks are presented on the following pages.

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Section 2.0 Methodology 2-2 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 1 Project Management/Consultation
This task includes coordinating staff, general management and administration, coordinating with subconsultants, and providing CEQA consultation for City staff. This proposal includes up to eight hours of meetings, including virtual meetings and one in-person kick-off meeting.

Task 2 Research and Development
This task includes a thorough review of the application materials and plans, as well as any other documents applicable to the proposed project, such as the previous 2006 initial study. The general plan and general plan EIR will also be reviewed, along with any available documentation that has been prepared for the general plan update process.

Task 3 Technical Analyses
Task 3.1 Biological Resource Analysis
An initial study was prepared for a previous iteration of this project at the same location in 2006. At the time, the project site contained vacant agricultural land and abandoned walnut orchard trees.

Based on current aerial photographs, the project site has been left fallow or periodically planted with cover crops.

According to the California Natural Diversity Database (California Department of Fish and Wildlife 2023), there are numerous special-status species documented in the vicinity of the project parcel, including (however, it is noted that the project site is entirely surrounded by urban development):
 Vernal pool fairy shrimp (Branchinecta lynchi);
 California red-legged frog (Rana draytonii);
 California tiger salamander (Ambystoma californiense);  Western spadefoot (Spea hammondii);
 San Joaquin coachwhip (Coluber flagellum ruddocki);
 Western pond turtle (Emys marmorata);
 Burrowing owl (Athene cunicularia);
 California horned lark (Eremophila alpestris);
 Prairie falcon (Agelaius tricolor);
 Tricolored blackbird (Agelaius tricolor);
 American badger (Taxidea taxus);
 San Joaquin kit fox (Vulpes macrotis mutica);

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Section 2.0 Methodology 2-3 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023  Western mastiff bat (Eumops perotis); and
 Western red bat (Lasiurus frantzii).

No special-status plants were recorded in the vicinity within the past 70 years.

This evaluation will assess potential habitat present for special-status species in the area and recommend mitigation measures for the protection of biological resources. If suitable habitat is identified, recommendations may also include the need for additional specific or protocol-level surveys to be conducted during an appropriate time of year.

The following scope of work includes tasks to conduct a reconnaissance-level biological survey and prepare a section addressing biological resources in an initial study.

Task 3.1.1 Research
EMC Planning Group will compile and review available project information, including preliminary site plans, the 2006 initial study prepared for the previous iteration of this project, and aerial photographs. Conduct a review to determine the special-status species that have been recorded as occurring within the general project vicinity based on current database searches of California Department of Fish and Wildlife’s California Natural Diversity Database, the California Native Plant Society Rare and Endangered Plant Inventory, the U.S. Fish and Wildlife Service Endangered Species Program, the U.S. Fish and Wildlife Service National Wetlands Inventory; and other biological studies conducted in the vicinity of the project site, if available.

Task 3.1.2 Reconnaissance-level Field Survey
EMC Planning Group will complete a reconnaissance-level field survey to (1) identify and map the principal plant communities; (2) assess the potential for special-status species and their habitats, wildlife movement corridors, potentially jurisdictional wetlands and waterways, regulated trees, and other significant biological resources to occur; and (3) identify and map any observed locations of special-status species and/or habitats. Plant and wildlife species observed during the survey will be recorded in field notes. Any special-status species observed will be reported to the California Natural Diversity Database in compliance with California Department of Fish and Wildlife permit requirements, after the information is provided to the City.

Task 3.1.3 Initial Study Section
EMC Planning Group will prepare the biological resources section of the initial study, describing existing habitats and plant and animal species found on the project site, and the occurrence of and/or potential for special-status species and their habitats. If needed, one or more figures will be prepared to illustrate habitat types and the location(s) of special-status species occurring on or in the vicinity of the project site. Potential impacts to biological resources will be identified, and mitigation measures will be provided to minimize potential impacts when possible.

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Section 2.0 Methodology 2-4 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Note: Focused surveys for specific plant and/or animal species are not included in this proposed scope of work. The presence or absence of certain species cannot be determined during the reconnaissance-level site assessment. If appropriate habitat for other sensitive species is observed during the site assessment, species-specific surveys may be required (i.e., surveys for annual plants).

Task 3.2 Air Quality, Energy, and Greenhouse Gas Emissions Analyses This analysis consists of emissions modeling, evaluation of air quality impacts using the air district guidelines, greenhouse gas emissions analysis using currently-accepted industry methodologies, and an evaluation of energy impacts.

Task 3.2.1 Emissions Modeling
The California Emissions Estimator Model (CalEEMod) will be used to calculate the criteria air pollutant emissions generated by the proposed development based on project information provided by the applicant, and information obtained from the transportation analysis. The model assumptions and methodology will be incorporated into the initial study and the modeled results will be presented as appendices.

EMC Planning Group will review the project description to identify proposed construction and operational information for use as model data inputs and conduct up to two model runs to quantify the construction and operational emissions generated from the proposed project under unmitigated, and, if necessary, mitigated scenarios.

Task 3.2.2 Air Quality Analysis
The Monterey Bay Air Resources District (air district) provides direction for air quality analysis. The air quality analysis will reference the air district’s air quality management plans and CEQA guidance documents, and project materials. The proposed 219 multi-family unit development is not expected to result in criteria air pollutant emissions that would exceed the air district thresholds. CalEEMod results will be used to assess the potential impact of emissions generated by the proposed project in relation to the thresholds of significance outlined in the air districts CEQA guidance.

EMC Planning Group will conduct the following tasks with the results incorporated into the initial study:
 Describe the physical and climatological characteristics of the North Central Coast Air Basin, existing air pollutant conditions, and health effects of air pollutants;  Review current air district documents, policies, and applicable regulatory requirements;  Compare modeled criteria air pollutant emissions results to the air district’s screening thresholds and significance thresholds to determine if the proposed project would result in significant impacts from criteria air pollutant emissions;
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Section 2.0 Methodology 2-5 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023  Identify project sources of hazardous air pollutants or odors and health risks associated with them, as well as any existing or planned nearby sensitive receptors that could be affected; and  Identify “Best Management Practices,” if necessary, to control construction dust or particulate matter emissions, including equipment exhaust, which should be considered a condition of project approval to minimize the short-term impact of construction related emissions.

Task 3.2.3 Greenhouse Gas Emissions Evaluation
The greenhouse gas (GHG) impacts of a project can be found to be less than significant if the project is consistent with a qualified plan for reducing GHG emissions. The City of Hollister has prepared a draft Climate Action Plan, which was released in March 2023. It is unknown when the Climate Action Plan will be formally adopted, presumably as a “qualified” plan for reducing GHG emissions pursuant to CEQA Guidelines section 15183.5. If it is adopted prior to the draft initial study being completed, it will be used to streamline the GHG impact analysis. Project consistency with GHG reduction measures in the Climate Action Plan will be assessed and where inconsistencies exist, if any, mitigation will be identified to ensure the proposed project incorporates the necessary reduction actions.

If the Climate Action is not adopted in time, an alternative methodology will be required to assess GHG impacts. We would propose to use guidance provided by the Bay Area Air Quality Management District (BAAQMD) in its 2022 CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plan. It is a performance standard-based analysis approach. That guidance suggests that a project which meets the following key performance standards would have a less than significant GHG impact: 1) applicant commits to installing no permanent natural gas infrastructure to support the project (the project will be all electric and use no natural gas; 2) the applicant commits to meeting the Tier 2 electric vehicle support infrastructure standards in the latest version of the California Green Building Standards Code; 3) the project energy impacts are less than significant; and 4) the project is found to have a less than significant vehicle miles traveled (VMT) impact. A VMT analysis will be required to determine VMT impact significance (refer to Task 3.4 discussed below). Although BAAQMD’s guidance may be an applicable approach, EMC Planning Group will consult with the City about the potentially precedent-setting nature of using this approach in a CEQA document for which the City is lead agency and whether it should be utilized.

Our budget assumes that the GHG analysis will either be based on the forthcoming Climate Action Plan or BAAQMD guidance. If an alternative approach is selected in consultation with City staff that requires a higher level of effort, the budget for this analysis may need to be modified.

Task 3.2.4 Energy Analysis
Energy will be required to construct and operate the project. The primary sources of energy consumption will be fuel use in vehicles traveling to and from the project site, natural gas, and electricity in buildings. The thresholds of significance for energy impacts are qualitative.

Consequently, potential impacts will be discussed qualitatively. The proposed project will be DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 2.0 Methodology 2-6 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 required to comply with uniformly applied regulations and potentially to reduce criteria air emissions and/or GHG emission via measures that also reduce energy demand. Applicable regulations and GHG reduction measures will be discussed to identify how energy demand will be moderated. The project’s potential to result in wasteful or inefficient energy use will be evaluated in the context of these variables, as well as its land use character and whether its energy demand can inherently be considered wasteful.

Energy demand will be calculated and reported. The VMT analysis data will serve as a general proxy for determining the magnitude of transportation fuel consumption. The VMT data will be input into the Emissions Factor Model to quantify the transportation fuel demand.

The following tasks will be completed:
 Report energy demand from on-site use of natural gas and electricity at buildout of the proposed project based on the modeled CalEEMod results;
 Identify transportation fuel demand result from cumulative development based on Emissions Factors model results;
 Identify regulatory requirements that would reduce energy demand from future development;  Identify energy demand reduction measures being proposed by the project applicant, if any;  Describe energy demand reduction that would occur with implanting related mitigation measures, if any;
 Identify the significance of energy impacts; and
 Present mitigation measures to reduce energy consumption, if necessary.

Task 3.3 Environmental Noise Assessment
WJV Acoustics will prepare an environmental noise assessment for the proposed project that will be utilized by EMC Planning Group during preparation of the noise section of the initial study. The following tasks will be conducted by WJV Acoustics.

Task 3.3.1 Site Inspection
WJV Acoustics will conduct a project site inspection to evaluate the acoustical characteristics of the project site and surrounding area, note the locations of nearby noise‐sensitive receptors, and identify existing noise sources in the project area. WJV Acoustics will also conduct ambient noise monitoring at representative locations throughout the project vicinity that could have potential noise‐related conflicts as a result of the proposed project. It is anticipated that continuous 24‐hour ambient noise measurements will be conducted at up to two (2) locations using automated noise monitors and that short‐term sampling of ambient noise levels will be conducted at up to four (4) additional sites.

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Section 2.0 Methodology 2-7 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 3.3.2 Analyze Roadway Traffic
WJV Acoustics will analyze potential project‐related changes in roadway traffic noise exposure along roadways near or adjacent to the project site. Calculations will be performed using the FHWA Highway Traffic Noise Prediction Model and traffic data will be obtained from the project traffic engineer (i.e., Hexagon Transportation Consultants) or other sources as may be appropriate. WJV Acoustics will compare project‐related changes in traffic noise exposure to applicable City of Hollister noise level standards and other thresholds of significance.

Task 3.3.3 Identify Noise Impacts
WJV Acoustics will evaluate potential noise impacts from the project including: 1) noise levels from existing noise sources as they may affect the proposed development, and 2) noise levels resulting from development of the project as they may affect existing and proposed noise‐sensitive uses in the project area. This task will include an assessment of exterior and interior noise levels.

If applicable, WJV Acoustics will review project site aircraft noise exposure associated with the Hollister Municipal Airport and determine project site compatibility with the Hollister Municipal Airport Land Use Compatibility Plan guidelines and standards.

Task 3.3.4 Quantify Noise and Vibration Levels
WJV Acoustics will quantify noise and vibration levels that would likely occur during construction of the project as they could affect nearby existing or planned noise‐sensitive receptors. WJV Acoustics will also identify nearby existing or planned noise‐sensitive receptors that could be subjected to noise or vibration levels in excess of applicable noise standards or CEQA thresholds as a result of the project construction.

Task 3.3.5 Prepare Environmental Noise Assessment
WJV Acoustics will prepare a written technical report summarizing the methods, findings, and recommendations of the study. The report and associated exhibits will be formatted to facilitate incorporation into the initial study being prepared for the project. WJV Acoustics will prepare recommendations for noise mitigation as may be required to reduce significant noise impacts to less‐ than‐significant. Significance will be based on City of Hollister noise standards and the CEQA Guidelines criteria. WJV Acoustics will identify any significant project‐related noise impacts that cannot be reasonably mitigated.

Task 3.4 Transportation Analysis
Hexagon Transportation Consultants will prepare a vehicle miles traveled (VMT) evaluation and traffic operations analysis that will be utilized by EMC Planning Group for preparation of the transportation section of the initial study. Peak hour intersection level of service analysis will be completed at a limited number of intersections as part of the traffic operations analysis; however, the determination of project impacts per CEQA requirements will be based solely on VMT metrics.

Hexagon’s detailed scope of work can be found in Attachment A. The following tasks will be conducted by Hexagon Transportation Consultants.

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Section 2.0 Methodology 2-8 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 3.4.1 VMT Evaluation
All new development projects within the City are required to evaluate their effects on the transportation system using the VMT metric and methodology outlined in the City’s Draft Senate Bill 743 Implementation Guidelines dated September 2020. Based on the results of the VMT evaluation, impacts due to the site generated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure. In addition, the implementation of travel demand management measures that promote multi-modal travel and reduce the use of single-occupant automobile travel for the purpose of meeting VMT reduction goals may be required.

Task 3.4.2 Traffic Operations Analysis
The purpose of the traffic operations analysis is to evaluate the effects of the site development on key intersections in the vicinity of the project area. Preliminarily, Hexagon has identified the need to study up to eight intersections as part of the study. The final list of study intersections will be identified in consultation with City staff. The study will include an evaluation of intersection levels of service analysis and traffic signal warrant checks at the identified study intersections. Each of the identified study intersections will be evaluated for adverse effects during the AM and PM peak commute hours. Hexagon’s scope and budget includes the evaluation of one development scenario.

Conducting analyses for and evaluating alternative project descriptions or phases will require additional time and budget. Details associated with the tasks for the traffic operations analysis can be found in Attachment A.

Task 3.4.3 Reports and Meetings
Hexagon’s findings and recommendations will be summarized in an administrative draft report.

Following review and comment on the administrative draft by EMC Planning Group, a draft report will be submitted for review by City staff. Hexagon will prepare a final report that addresses all of the comments received from City staff. This final report will be included in the environmental document. Following public review and comment, Hexagon will assist with responding to public comments, with a maximum of four hours of staff time allocated to respond to public comments.

Hexagon’s cost estimate includes attendance at one meeting with City staff and/or the project team in connection with the project. Attendance at additional meetings, public hearings, and neighborhood or community meetings would require authorization and additional budget.

Task 4 Screencheck Draft Initial Study/Mitigated Negative Declaration As noted in the RFP, the City is requesting a screencheck draft and public review IS/MND only.

EMC Planning Group will prepare the screencheck initial study/mitigated negative declaration for review and comment by City staff. One (1) electronic version will be provided.

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 2.0 Methodology 2-9 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 5 Public Review Initial Study/Mitigated Negative Declaration Revise the screencheck initial study and mitigated negative declaration, as necessary, and prepare the public review initial study and mitigated negative declaration. EMC Planning Group will provide one (1) electronic copy of the public review initial study and mitigated negative declaration for distribution by the City.

Task 6 Response to Comments and Mitigation Monitoring and Reporting Program
EMC Planning Group will prepare responses to public comments received on the mitigated negative declaration during the 30-day public review period and prepare a mitigation monitoring and reporting program (MMRP) for adoption by the City. EMC Planning Group will provide one (1) draft electronic copy of the response to comments and the MMRP for review and comment and one (1) final electronic copy, with comments incorporated. The budget assumes that no more than ten (10) comment letters would be received.

Task 7 Public Hearings
EMC Planning Group will attend two public hearings, one Planning Commission and one City Council, to answer questions on the environmental analysis and documentation.

2.3 Project Schedule
EMC Planning Group’s project schedule can be found on the following page.

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Activity Name Start Date Finish Date
1926 3 10172431 7 142128 4 111825 3 10172431 7 142128 5 121926 2 9 162330 7 1421 Dec 23 Jan 24 Feb 24 Mar 24 Apr 24 May 24 Jun 24 Jul 24 1926 310172431 7 142128 4111825 310172431 7 142128 5121926 29162330 7 1421 Authorization to Proceed 11/27/23 11/27/23
Research and Development 11/27/23 12/25/23
Technical Analyses 11/27/23 1/26/24
Biological Resources 11/27/23 1/5/24
Air Quality/Energy/Greenhouse Gas Emissions 11/27/23 1/26/24 Noise 11/27/23 1/5/24
Transportation 11/27/23 1/12/24
Screencheck Draft IS/MND 11/27/23 2/2/24
Lead Agency Review 2/5/24 3/4/24
Public Review IS/MND/Noticing 3/4/24 3/18/24
30-day Public Review Period 3/20/24 4/18/24
Draft Response to Comments/MMRP 4/19/24 5/3/24
Lead Agency Review 5/6/24 5/20/24
Final Response to Comments/MMRP 5/20/24 5/27/24
Public Hearing(s)6/27/24 7/15/24
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 Meridian Village Project IS/MND Schedule
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 3.0 Staffing 3-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

3.0 Staffing
The key staff members that will work on this project are shown in the table below. Resumes for EMC Planning Group staff can be found in Attachment B. The anticipated hours of service for each individual from EMC Planning Group, as well as collectively for each subconsultant, can be found in the budget spreadsheet found in Section 6.0, Fee Proposal. The resume for WJV Acoustics can be found in Attachment C and resumes for Hexagon Transportation Consultants staff can be found in Attachment D. The anticipated hours of service for each individual from Hexagon Transportation Consultants can be found in Attachment A.

Staff Project Role Experience
EMC Planning Group
Teri Wissler Adam
Senior Principal
Principal-in-Charge and Project Manager 32 years of CEQA compliance experience Shoshana Lutz
Associate Planner
Assistant Project Manager
Prepare Various Sections of Initial Study
6 years of experience in land use planning and
CEQA compliance
Ron Sissem, MRP
Senior Principal
Manage Air Quality, Greenhouse Gas
Emissions, and Energy Analysis
36 years of project management experience in
land use, entitlement management and CEQA
compliance
Janet Walther, MS
Principal Biologist
Manage Biological Resources Analysis 23 years of experience in the field of biology, biological resources regulatory compliance, and
CEQA compliance
Patrick Furtado, MS
Senior Biologist
Prepare Biological Resources Section of
Initial Study
15 years of experience in the field of biology and
biological resources regulatory compliance
Zane Mortensen, MS
Associate Planner
Air Quality and Greenhouse Gas Emissions
Modeling and Analysis and Prepare Related
Sections of Initial Study
4 years of experience in the field of
environmental planning
Subconsultant Team
WJV Acoustics
Walter J. Van
Groningen
President
Prepare Environmental Noise Assessment 18 years of experience in community noise control
Hexagon Transportation Consultants
Robert Del Rio, T.E.

Vice President and
Principal Associate
Manage Transportation Analysis 27 years of experience in traffic engineering and transportation planning
Luis Descanzo
Engineer
Prepare Transportation Analysis 6 years of experience in traffic engineering and transportation planning
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

4.0 Qualifications

4.1 EMC Planning Group
EMC Planning Group has a long and well-established land use and environmental consulting practice since 1978 and has worked for the City of Hollister and the County of San Benito for a majority of that time. Over the course of 45 years in business, EMC Planning Group has gained rich experience in a broad range of planning and development disciplines. Our firm translates that experience into concrete, focused results in a time and cost-effective manner. EMC Planning Group’s receipt of numerous awards and national recognition is one indicator that our clients and peers acknowledge our expertise. EMC Planning Group delivers the following services to its extensive public and private sector clients:
 CEQA and NEPA Compliance Services: initial studies, environmental assessments, environmental impact reports, environmental impact statements, noticing, and findings;  Biological Resources: biological resources assessment, special-status species surveys, wetland delineations, habitat conservation plans, and compliance permitting;  Air Quality Analysis: criteria air pollutant emissions, air quality dispersion modeling, and hazard risk assessments using the California Emissions Estimator Model (CalEEMod) and Emissions Factor Model (EMFAC), regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;
 Greenhouse Gas Analysis: greenhouse gas emissions modeling using CalEEMod and EMFAC, regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;  Archaeology: archaeological surveys, testing, and monitoring, National Register eligibility assessments, preparation of cultural resources report in compliance with CEQA, NEPA, and National Historic Preservation Act (NHPA) Section 106 NEPA compliance;  Advanced/General Planning: general plans, specific plans, local coastal programs, zoning codes, housing elements, sphere-of-influence studies, area plans, and vibrancy plans;  Procedural Planning: contract planning staff services including development review process management, permit processing, policy and regulatory analyses, application preparation and completeness review, land use plan/specific plan preparation, zoning regulation preparation/review, preparation of project consideration packages (staff report, resolutions and ordinances, findings, etc.), environmental documentation preparation, public noticing, DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-2 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 preparation of specialized technical documentation, coordinate and manage technical consultants, prepare and monitor project schedules and budgets, public outreach/participation, etc.;
 Land Use Planning: development site selection and evaluation, site planning and design, master planning, architectural and landscape design, permit processing, entitlement process coordination and management, local agency formation commission application processing, and project representation; and
 Public Outreach: develop and implement public outreach programs.

EMC Planning Group’s experience and knowledge of development projects going through the CEQA process ensures that any challenges that arise would be handled efficiently. It is important to have a complete and stable project description when preparing CEQA documentation. Significant changes to the project description after the start of the environmental review process may result in additional cost and time. Other challenges not anticipated may arise during the CEQA process, but EMC Planning Group’s understanding of CEQA and the development process will ensure a smooth process for the City.

Representative Projects
Ridgemark Assisted Living Facility Initial Study, County of San Benito (2020) EMC Planning Group prepared an initial study for the County of San Benito on a proposed assisted-care facility with 155 rooms and 180 beds in two, three-story buildings with a combined interior area of approximately 136,378 square feet. The project is located at 3586 Airline Highway in the Ridgemark area of unincorporated, rural San Benito County. The analysis focused on the following environmental issues: hillside visual impacts, traffic, noise, air quality, greenhouse gas emissions, biological resources, and cultural resources.

Staff: Teri Wissler Adam (project management) and Janet Walther (biological resources management and prepare biological resources section of initial study).

New Behavioral Health Center IS/MND, City of Hollister (2019) EMC Planning Group prepared an initial study and mitigated negative declaration for the proposed construction for this County project located in the City of Hollister. The project included a lot line adjustment to combine the two parcels that constitute the project site and development of the one- story 17,212 square foot New Behavioral Health Center. The new facility will replace the existing behavioral health center located immediately to the west. The initial study focused on the following environmental issues: aesthetics, air quality and greenhouse gas emissions, loss of prime farmland, special-status wildlife species, cultural resources, hazards and hazardous materials, noise, and traffic.

Staff: Teri Wissler Adam (project management), Ron Sissem (prepare GHG section of initial study), and Janet Walther (prepare biological resources section of initial study).

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-3 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Woodle Prezone No. 2017-2 CEQA Compliance, City of Hollister (2019) EMC Planning Group prepared an initial study, mitigated negative declaration, and CEQA notices for the proposed prezone and annexation of 9.43 acres to ultimately develop a medium density housing project with 109 single family homes. The project site is located at 1070 Buena Vista Road in unincorporated San Benito County. The initial study focused on the following environmental issues: visual impacts, loss of farmland (grazing land), operational and construction air quality impacts, biological resources (California tiger salamander, California red-legged frog, burrowing owl, San Joaquin kit fox, and special status roosting bats and nesting birds), construction-related archaeological impacts, geologic hazards, greenhouse gas emissions, hazardous materials, water quality, noise, public services, traffic and transportation, and utilities and service systems.

Staff: Teri Wissler Adam (project management), Ron Sissem (manage GHG section of the initial study), and Janet Walther (biological resources management).

Ridgemark Subdivision EIR, County of San Benito (2023)
EMC Planning Group has prepared a draft EIR for San Benito County on the proposed Ridgemark residential subdivision located within the Ridgemark Golf Course and Country Club property, south of State Route 25 (Airline Highway) and southeast of the City of Hollister. The proposed project includes a vesting tentative map to re-subdivide the project site to accommodate 175 maximum residential lots for eventual construction of 160 market-rate single-family residential units and 30 below-market-rate duplex or duet residential units (on 15 lots), commercial/non-residential development, recreational/open space improvements, roadway improvements, and related utility infrastructure improvements.

Environmental issues being addressed in the EIR include impacts to traffic and transportation, air quality, greenhouse gas emissions, energy resources, noise, geologic hazards, aesthetics, public services, utilities, and plan consistency. Special attention has been made to sensitive biological resources, due to habitat for special-status species, and tribal cultural resources, due to consultation with Tribes. Public circulation of the EIR is anticipated in Fall 2023.

Staff: Teri Wissler Adam (project management); Ron Sissem (GHG section of EIR); Shoshana Lutz (preparation of EIR); and Janet Walther (biological resources).

San Juan Bautista to Hollister Sanitary Sewer Main CEQA/NEPA Compliance and Environmental Permitting, City of San Juan Bautista (2023) On behalf of the City of San Juan Bautista, EMC Planning Group prepared all environmental documentation necessary for project compliance with CEQA, as well as with NEPA as the city had applied for fundings through the US Environmental Protection Agency (US EPA) and the US Department of Agriculture (USDA). The proposed project includes repurposing San Juan Bautista’s existing waste water treatment plant influent pump station and development of a new 10-inch DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-4 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 diameter high-density polyethylene force main that would carry effluent from San Juan Bautista’s existing waste water treatment plant to a manhole just upstream of the Hollister Domestic waste water treatment plant influent pump station.

A CEQA-Plus IS/MND was prepared for the City and EPA, and an Environmental Report was prepared for USDA. Environmental documentation in compliance with NEPA was prepared separately for each agency, as every Federal agency has their own NEPA-compliance and documentation compliance. Other documentation included all required noticing and document distribution, a mitigation monitoring and reporting program, and response to public comments. The documentation addresses all required environmental issues, but focused on sensitive biological and archaeological resources. The City of San Juan Bautista adopted the mitigated negative declaration in December 2021. Based on the sensitive biological issues in the project vicinity, environmental permits from the US Army Corps of Engineers, the US Fish and Wildlife Service, the California Department of Fish and Wildlife, and the Regional Water Quality Control Board were required, and EMC Planning Group assisted the City of San Juan Bautista with obtaining those permits. As a part of this application process, EMC Planning Group also conducted a wetland delineation and rare plant surveys, and prepared a biological assessment. EMC Planning Group will also be providing biological monitoring services during the construction phase of the project.

Staff: Teri Wissler Adam (project management); Ron Sissem (GHG section of initial study); Shoshana Lutz (assistance with NEPA documentation); Janet Walther (manage biological resources component of CEQA and NEPA documentation); and Patrick Furtado (preparation of biological resources section of initial study) Bridge Road Outfall and Stormwater Improvements at the Industrial Wastewater Treatment Plant Projects, City of Hollister (2021)
EMC Planning Group prepared an initial study to evaluate the environmental impacts of proposed improvements to the City of Hollister Industrial Wastewater Treatment Plant and the Bridge Road Outfall to treat stormwater. The project was approved. It included two separate, but related projects to treat stormwater; the first project will be to install a full capture system at the Bridge Road Outfall to treat the stormwater before it reaches the San Benito River and the second project consists of improvements at the wastewater treatment plant and includes a full capture system and a stormwater diversion structure at the Apricot Lane outfall and a stormwater diversion structure at South Street, to replace an existing manhole. The projects are proposed to comply with storm water quality requirements of the Regional Water Quality Control Board.

The environmental evaluation focused on the following issues: archaeological resources and biological resources (San Joaquin kit fox, California tiger salamander, California red-legged frog, western spadefoot toad, western pond turtle, burrowing owl, prairie falcon, western red bat, and western mastiff bat.

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-5 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 The project began in July 2020 and was approved in June 2021.

Staff: Teri Wissler Adam (project management); Shoshana Lutz (preparation of initial study); Janet Walther (manage biological resources tasks); and Patrick Furtado (prepare biological resources section of initial study).

References
County of San Benito
Stan Ketchum, Contract Planner
Resource Management Agency
2301 Technology Parkway
Hollister, CA 95023
(831) 637-5313
[email protected]
Abraham Prado, Director of Planning and Building
Resource Management Agency
2301 Technology Parkway
Hollister, CA 95023
(831) 902-2273
[email protected]
City of San Juan Bautista
Brian Foucht, AICP
Asst. City Manager / Community Development Director
311 Second St. – PO Box 1420
San Juan Bautista, CA 95045
831-623-4661 x 20 (office)
831-207-5430 (cell)
[email protected]
Don Reynolds
City Manager
311 Second St. – PO Box 1420
San Juan Bautista, CA 95045
831-623-4661
[email protected]
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-6 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

4.2 WJV Acoustics
WJV Acoustics, Inc., formerly Brown‐Buntin Associates, Inc. (BBA), is a full‐service acoustical consulting firm which specializes in the measurement, modeling and evaluation of environmental and transportation noise and architectural acoustics. BBA was originally established in 1981 by Robert E. Brown and Jim Buntin in Visalia, California. Beginning January 1, 2015, BBA began operating as WJV Acoustics, Inc.

WJV Acoustics utilizes state‐of‐the‐art sound measurement and analysis equipment, coupled with computer data management and modeling capabilities, to quantify noise from construction, aircraft, traffic, rail, industrial/commercial and other sources. WJV Acoustics has prepared hundreds of acoustical analyses over the past 30 years. WJV Acoustics has prepared general plan noise elements and/or noise element updates for approximately 50 California jurisdictions. Additionally, WJV Acoustics prepares environmental noise assessments for CEQA and NEPA documents, prepares noise exposure studies for airports of all sizes, and consults with architects concerning the acoustical design of schools, office buildings and performing arts facilities. WJV Acoustics has made numerous public presentations.

WJV Acoustics has completed noise studies for a number of projects that were considered controversial by local citizens. Many of these projects have included extensive public testimony, demonstrations of noise monitoring procedures, and a thoughtful approach to study design, analysis and document preparation so that complex technical information could be effectively presented to non‐technical persons. WJV Acoustics has fostered a strong reputation within the environmental community as a consultant able to provide sound and defensible work while maintaining a high level of client attentiveness that separates WJV Acoustics from other firms.

Representative Projects
Aspen Park Residential Development, City of Hollister (2021) The project was a proposed residential development, to be located within the City of Hollister. WJV Acoustics conducted ambient noise monitoring and traffic noise measurements in the vicinity of the project site, traffic noise modeling, and preparation of an acoustical analysis report. The acoustical analysis quantified project‐site traffic noise exposure in order to determine the need for mitigation measures to comply with the City of Hollister exterior and interior noise level standards.

Staff: Walter J. Van Groningen (prepared the acoustical analysis report and conducted the monitoring) City of Fresno Motels Conversion Project, City of Fresno (2022) The project was the conversion of four (4) existing motel sites within the City of Fresno, to homeless and low‐income affordable housing. WJV Acoustics performed an initial assessment of exterior noise exposure and interior noise exposure. WJV Acoustics conducted continuous 24‐hour noise monitoring at the four project sites for a period of five (5) days. Additionally, WJV Acoustics DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-7 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 conducted outdoor‐to‐indoor noise level reduction (NLR) measurements do calculate the existing interior noise exposure provided by the existing hotel envelope. WJV Acoustics prepared reports providing the methodology and data from the four assessments.

Staff: Walter J. Van Groningen (prepared the reports and conducted the monitoring) Greentree Development Specific Plan Project, City of Vacaville (2021) The project included the conversion of existing golf course property to a mixed‐use development, to include residential land uses, retail/commercial land uses as well as public parks and open space.

WJVA conducted ambient noise monitoring throughout the project site, traffic noise modeling, and preparation of an Environmental Noise Assessment as part of the Environmental Impact Report prepared for the project.

Staff: Walter J. Van Groningen (prepared the environmental noise assessment and conducted the monitoring)

4.3 Hexagon Transportation Consultants
Hexagon Transportation Consultants, Inc. was founded in 1998 in San Jose, California with the goal of providing top-quality, professional transportation consulting services to private and public entities. Hexagon provides services in all major aspects of transportation planning and traffic engineering. Hexagon has built its firm around three fundamental principles. First, delivering the highest quality work with findings that are double checked and presented clearly and concisely.

Second, delivering work products when promised. Lastly, Hexagon is accessible and responsive.

Hexagon’s staff members have prepared thousands of studies, both large and small, over their professional careers. Hexagon’s public clients include city, county and state agencies and regional planning organizations. Hexagon has a wide range of private clients including technology companies, developers, architects, civil engineers, and environmental firms.

Hexagon provides a wide range of services including, but not limited to: countywide and citywide circulation; traffic impact fee studies; corridor studies; traffic safety studies; specific plans; site review studies; parking studies; traffic impact analyses’ traffic simulation; and travel demand forecasting models. Over the past ten years, Hexagon staff have prepared well over 500 transportation impact studies and circulation sections of EIRs for all types of new development in numerous jurisdictions.

Transportation impact studies typically include extensive intersection and roadway traffic counts as well as intersection level of service analyses and are almost always prepared at the direction of city or county staff.

Representative Projects
Hexagon Transportation Consultants has extensive experience providing traffic engineering and transportation planning services for a wide variety of projects within the City of Hollister and San DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 4.0 Qualifications 4-8 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Benito County. Hexagon has also completed the Circulation Elements for the San Benito County and Hollister General Plans. A few representative projects that have recently been completed in San Benito County and Hollister are described below:

Rajkovich Residential, City of Hollister (2023)
Hexagon Transportation Consultants, Inc. completed a Transportation Analysis (TA) for the Rajkovich Way residential development project located at the southwest corner of the Rajkovich Way and San Juan Road intersection in Hollister, California. The project as proposed consists of the construction of 50 multi-family residential units that will include 10 live/work units on a currently vacant site. The transportation analysis documented the impacts to the surrounding transportation system associated with developing the proposed project. The TA consisted of a California Environmental Quality Act (CEQA) required vehicle-miles-traveled (VMT) analysis and a supplemental traffic operations analysis that demonstrated the project’s consistency with the City of Hollister General Plan goals and policies. The TA was evaluated following the standards and methodologies set forth in the City of Hollister Draft SB 743 Implementation Guidelines.

Staff: Robert Del Rio (project management) and Luis Descanzo (prepare transportation analysis) Ridgemark Residential, County of San Benito (2020-2022) Hexagon Transportation Consultants, Inc. completed a traffic impact analysis for the proposed Ridgemark residential development in San Benito County, California. The project consists of the addition of 190-residential units, commercial uses, and a hotel to the existing Ridgemark Golf Club and Resort development located along Airline Highway. The traffic impact analysis documented the impacts to the surrounding transportation system associated with developing the proposed project.

The potential impacts of the project were evaluated in accordance with the standards set forth by the City of Hollister, San Benito County, and Caltrans. The study included an analysis of 19 intersections and three highway segments. The study also included an evaluation of the project’s effect on Vehicle-Miles-Traveled (VMT) per Senate Bill 743 and CEQA guidelines.

Staff: Robert Del Rio (project management)
New Behavioral Health Center IS/MND, City of Hollister (2019) Hexagon Transportation Consultants teamed with EMC Planning Group on preparation of environmental documentation for the proposed construction of a health center located in the City of Hollister. The project included a lot line adjustment to combine the two parcels that constitute the project site and development of the one-story 17,212 square foot New Behavioral Health Center.

The new facility will replace the existing behavioral health center located immediately to the west.

The traffic impact analysis evaluated the effects of the proposed development on key transportation facilities in the vicinity of the project area. The study includes an analysis of traffic conditions at six intersections, including the project site driveway, and an evaluation of site access, on-site circulation, and parking.

Staff: Gicela Del Rio (project management and preparation of the traffic impact analysis).

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 5.0 Financial Capacity 5-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

5.0 Financial Capacity
EMC Planning Group’s most recent audited financial statements for the year ending 12/31/22 can be found in Attachment E. This statement consists of the profit and loss statement and balance sheet. EMC Planning Group is not aware of any administrative proceedings, claims, lawsuits, or other pending exposures.

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 6.0 Fee Proposal 6-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

6.0 Fee Proposal
EMC Planning Group’s fee proposal can be found on the following page.

DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Task
Staff Senior
Principal
Associate
Planner
Principal
Biologist
Senior
Biologist Graphics Production
Manager
Admin./
Production
Billing Rate (Per Hour) $275.00 $165.00 $210.00 $170.00 $140.00 $125.00 $115.00 Task 1 Project Management/Consultation 6.0 14.0 0.0 0.0 0.0 0.0 3.0 23.0 $4,305.00 Task 2 Research and Development 2.0 5.0 1.0 3.0 0.0 0.0 0.0 11.0 $2,095.00 Task 3 Technical Analyses 0.0 17.0 0.0 6.0 1.0 0.0 1.0 25.0 $4,080.00 Task 4 Screencheck Draft IS/MND 8.0 74.0 2.0 24.0 10.0 4.0 0.0 122.0 $20,810.00 Task 5 Public Review IS/MND 1.0 8.0 0.0 0.0 2.0 1.0 0.0 12.0 $2,000.00 Task 6 Response to Comments and MMRP 2.0 12.0 0.0 0.0 0.0 3.0 0.0 17.0 $2,905.00 Task 7 Public Hearings 12.0 8.0 0.0 0.0 0.0 0.0 0.0 20.0 $4,620.00 Subtotal (Hours)31.0 138.0 3.0 33.0 13.0 8.0 4.0 Total Hours Total Cost Subtotal (Cost)$8,525.00 $22,770.00 $630.00 $5,610.00 $1,820.00 $1,000.00 $460.00 230.0 $40,815.00 Additional Costs
Production Costs
Travel Costs
Postal/Deliverables
Miscellaneous (CNDDB)
Administrative Overhead 15%
Total
Subconsultant Fees
WJV Acoustics (30 hours)
Hexagon Transportation Consultants (160 hours)
Subconsultant Overhead 15%
Total
Total Costs
NOTE: This proposal is valid for 180 days
$5,750.00
$38,250.00
$91,692.15
$6,600.00
$50,600.00
$25.00
$277.15
$36.15
$0.00
$216.00
$0.00

Meridian Village Project IS/MND Budget
EMC Planning Group Inc.

Total CostTotal
Hours
DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49

Section 7.0 Disclosure 7-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023

7.0 Disclosure
EMC Planning Group does not have any past or current business or personal relationships with any current City of Hollister elected official, appointed official, City employee, or family member of any current City of Hollister electric official, appointed official, or City employee.

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Section 8.0 Ex Parte Communications 8-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023

8.0 Ex Parte Communications
EMC Planning Group’s signed Ex Parte Communications form can be found on the following page.

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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit C

EX PARTE COMMUNICATIONS

Proposers and Proposers’ representa�ves should not communicate with the City Council members about this RFP. In addi�on, Proposers and Proposers’ representa�ves should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evalua�on panel, with the excep�on of the RFP Facilitator, regarding this RFP un�l a�er Contract Award. Proposers and their representa�ves are not prohibited, however, from making oral statements or presenta�ons in public to one or more representa�ves of the City during a public mee�ng. A "Proposer" or "Proposer's representa�ve" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or en�ty who has been requested by the Proposer to contact the City on the Proposer's behalf. Please indicate by signing below one of the following two statements.

Only sign one statement.

I cer�fy that Proposer and Proposer’s representa�ves have not had any communica�on with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP at any �me a�er September 19, 2023.

________________________________

OR

I cer�fy that Proposer or Proposer’s representa�ves have communicated a�er September 19, 2023 with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP. A copy of all such communica�ons is atached to this form for public distribu�on.

_____________________________________

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Section 9.0 Agreement Alterations 9-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023

9.0 Agreement Alterations
We respectfully request the following changes to the City’s sample Professional Services Agreement.

Section 8 - Insurance
Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $2 million each occurrence and $4 million in the aggregate; (ii) commercial automobile liability insurance with limits not less than $1 million each occurrence and $_____________ in the aggregate; Section 27 – Ownership of Documents
Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years for a period of no less than seven (7) years.

Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.

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Hexagon Transportation Consultants
Scope of Work and Hours A

ATTACHMENT

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October 19, 2023

Ms. Shoshana Lutz
EMC Planning Group
601 Abrego Street
Monterey, CA 93940

Subject: Proposal to Prepare a VMT Evaluation and Traffic Operations Analysis for the Proposed Meridian Village Residential Development

Ms. Lutz:

Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Vehicle Miles Traveled (VMT) evaluation and traffic operations analysis for the proposed Merdian Village residential development project located at the southwest corner of the State Route 25 and Merdian Street intersection in Hollister, California. The project as proposed consists of the construction of 219 multi-family residential units on a currently vacant site.

The following scope of services was developed by Hexagon staff based on our understanding of the project and requirements of the City of Hollister. A draft scope of work as outlined in the tasks below will be submitted to City staff for their review. We will inform you if the City requests additional work elements not included in the scope of work below.

SCOPE OF SERVICES
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential roadway improvements based on delay to relieve traffic congestion that may result due to proposed/planned growth. However, with the adoption of Senate Bill (SB) 743 legislation, public agencies are required (effective July 2020) to base transportation impacts on VMT rather than level of service that typically uses delay as its metric. The change in measurement is intended to better evaluate the effects on the state’s goals for climate change and multi-modal transportation.

Therefore, an evaluation of the project’s effect on VMT must be completed along with a supplemental traffic operations analysis. Peak hour intersection level of service analysis will be completed at a limited number of intersections as part of the traffic operations analysis. However, the determination of project impacts per CEQA requirements will be based solely on VMT metrics.

VMT Evaluation

All new development projects within the City of Hollister are required to evaluate their effects on the transportation system using the Vehicle Miles Traveled (VMT) metric and methodology outlined in the City of Hollister Draft Senate Bill 743 Implementation Guidelines, September 2020. The following specific tasks are proposed to be completed as part of the CEQA analysis:

1. VMT Evaluation. A VMT evaluation for the project will be completed using the City of Hollister VMT Evaluation Tool.

2. Description of Impacts and Mitigation. Based on the results of the VMT evaluation, impacts due to the site generated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure. In addition, the DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441DocuSign Envelope ID: 96F4581C-60B4-4B2C-A9FE-C176C5019B49