Hollister City Council
August 20, 2024

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, August 20, 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.CLOSED SESSION - REPORT OUT

5.SPECIAL ORDERS OF THE DAY

5.1 PRESENTATION BY CENTRAL COAST COMMUNITY ENERGY
RECOMMENDED ACTION:

Receive a presentation and provide possible staff direction.

6.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.

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 JULY 30, 2024 MEETING MINUTES

7.2 APPROVE AUGUST 6, 2024 MEETING MINUTES

7.3 APPOINTMENT OF CITY REPRESENTATIVE ON THE FIRE PROTECTION

COMMITTEE
RECOMMENDED ACTION:

Appoint Councilmember Dolores Morales as a representative on the Fire Protection Committee.

7.4 A RESOLUTION GRANTING RETROACTIVE AUTHORITY TO THE AIRPORT TO

SUBMIT AN APPLICATION FOR THE BIPARTISAN INFRASTRUCTURE LAW,

AIRPORT TERMINAL AND TOWER PROJECT GRANT
RECOMMENDED ACTION:

1. Adopt a resolution retroactively approving the submission of the U.S. Department of Transportation Federal Aviation Administration Airport Terminal and Tower Project grant application for $5,500,000 with a required match of $550,000; and

2. Authorize the City Manager or his designee to execute any subsequent amendments or modifications, and other necessary documents.

City of Hollister City Council Meeting

7.5 A RESOLUTION APPROVING A 2.0% SALARY INCREASE FOR ALL

UNREPRESENTED CITY EMPLOYEES
RECOMMENDED ACTION:

Adopt a resolution approving a 2.0% salary increase for all unrepresented city employees.

7.6 A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 56 (PUBLIC

FACILITIES SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of Everglen Subdivision into CFD#4

7.7 A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 24 (POLICE AND

FIRE SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of Everglen Subdivision into CFD#5

7.8 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 365, EVERGLEN SUBDIVISION AND AUTHORIZING THE

EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH KB HOMES

SOUTHBAY, INC
RECOMMENDED ACTION:

Adopt a resolution approving the Subdivision Improvement Agreement for the Everglen Subdivision, Tract No. 365, and authorizing execution of the agreement for the improvements with KB Homes Southbay, Inc.

7.9 A RESOLUTION APPROVING THE ANNEXATION OF WILLOW LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 57 (PUBLIC FACILITIES SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#4

7.10 A RESOLUTION APPROVING THE ANNEXATION OF WILLOW LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 25 (POLICE AND FIRE SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#5

7.11 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 360, WILLOW LANDING SUBDIVISION AND AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH ROSATI – HOLLISTER, L.P., A DELAWARE LIMITED PARTNERSHIP
RECOMMENDED ACTION:

Adopt a resolution approving the Subdivision Improvement Agreement for the Willow Landing Subdivision, Tract No. 360, and authorizing execution of the agreement for the improvements with Rosati – Hollister, L.P., a Delaware limited partnership.

7.12 A RESOLUTION RATIFYING THE APPROVAL OF POLICE RELATED GRANT City of Hollister City Council Meeting

REQUESTS
RECOMMENDED ACTION:

Receive the report and ratify approval of the grant requests.

7.13 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CITY OF HOLLISTER

INDUSTRIAL WASTEWATER TREATMENT PLANT LEASE AGREEMENT WITH

NEIL JONES FOOD COMPANY DBA SAN BENITO FOODS
RECOMMENDED ACTION:

Adopt a resolution approving Amendment No. 1 to the City of Hollister Industrial Wastewater Treatment Plant Lease Agreement with Neil Jones Food Company dba San Benito Foods (“San Benito Foods”) and authorize the City Manager to execute the amendment in substantially the same form as presented.

8.COUNCIL BUSINESS

8.1 CIVIL GRAND JURY RESPONSE
RECOMMENDED ACTION:

Consider and Adopt a response to the 2023-2024 Grand Jury Report

8.2 INFORMATIONAL REPORT REGARDING THE CITY’S DRAFT EMPLOYEE

TRAVEL POLICY AND THE CITY COUNCIL TRAVEL POLICY
RECOMMENDED ACTION:

Receive an informational report regarding the City’s draft employee travel policy and the City Council travel policy and provide direction.

8.3 REPORT ON LEESBURG BIKE FEST
RECOMMENDED ACTION:

Receive the report and provide direction.

8.4 CONSIDERATION OF CITY OF HOLLISTER LOCAL LIVE-WORK PREFERENCE

POLICY FOR AFFORDABLE HOUSING
RECOMMENDED ACTION:

Consider, discuss, and provide direction regarding a City of Hollister Local Live-Work Preference Policy for Affordable Housing.

8.5 LEGISLATIVE UPDATE
RECOMMENDED ACTION:

Receive the informational report.

8.6 A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO TWO

ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY RECOMMENDED ACTION:

Designate a voting delegate and up to two (2) alternate voting delegates for the League of California Cities Annual General Assembly

9.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.

9.1 COMMITTEE ASSIGNMENTS
City of Hollister City Council Meeting

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

9.2 COUNCIL REPORTS
Receive informational reports from the City Council

9.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

10.CLOSED SESSION

10.1 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; Local 3395; Hollister Peace Officer Association (HPOA)

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

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

10.4 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9.

Existing Litigation Cain, et al. v. City of Hollister San Benito County Superior Court Case No. CU-22-00087

10.5 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 (2 cases)

11.ADJOURNMENT

12.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of August 22, 2024 was posted on the bulletin board at City Hall on August 16, 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.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # City Manager-2024-26

AGENDA ITEM: PRESENTATION BY CENTRAL COAST COMMUNITY ENERGY

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION: Receive a presentation and provide possible staff direction.

DISCUSSION: Central Coast Community Energy will provide a presentation to City Council of their 3CE Annual Presentation 2023 Year in Review. The presentation will highlight the year in review to discuss lower emissions, cleaner more reliable grid, community investment, and stable and responsible rates. Other topics of discussion include growing sustainable agriculture, investing in your community, and investing in your city’s energy transition.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Central Coast Community Energy – 3CE Annual Presentation

Sophia Schwirzke
Customer Account Manager
August 20, 2024

CITY OF HOLLISTER
3CE Annual Presentation

A PARTNERSHIP TO SUPPORT SHARED CUSTOMERS

2023 YEAR IN REVIEW
Lower emissions
Cleaner more reliable grid
Community investment
Stable and responsible rates

3CE PRIORITIZES INNOVATION
–One of California’s first solar + storage projects
–The state’s first new geothermal project in three decades –The largest compressed air battery storage in the world

ADDITIONALITY – THE KEY TO OUR

PROCUREMENT STRATEGY
Investing in a diverse portfolio of renewables coupled with innovative energy storage capacity

CALIFORNIA BREAKS RENEWABLE ENERGY

RECORDS
It’s working!

3CE DELIVERS POWER FOR GOOD
Affordable Rates
Project Selection Criteria
Rebates & Incentives

Ag Electrification Program
$700,000 for 30 projects in 2023
28% irrigation and harvest equip.,
portable power
32% tractors and forklifts
40% utility vehicles

GROWING SUSTAINABLE AGRICULTURE

INVESTING IN YOUR COMMUNITY
Residential, Commercial, & Agriculture Rebates Available Agriculture
Electrification
Program
-
$75,000
Electrify Your Home
$17,385
$2,500 per unit
Concierge
-
$24,000
New Construction
Electrification
$5,000
$250,000
Electric Bus
-
$200,000
$1000-4000
$150,000
Electrify Your Ride
Residential
Commerical & Ag

INVESTING IN YOUR COMMUNITY
Total Investment nearly $600,000
$220,086
Electrify Your RideAgriculture
Electrification
$69,064
Central Coast
Incentive Project
$244,000
New Construction
Electrification
$60,000

INVESTING IN YOUR CITY’S ENERGY TRANSITION
Member Agency Programs:

Plan Your Fleet
Electrify Your Fleet
Charge Your Fleet

INVESTING IN YOUR CITY’S ENERGY TRANSITION
–Reach Code Program
–Charging Stations/Charge-ready
–Member Agency
Communications

Thank You
13 3CE.org [email protected]
877-455-2223
Judith Young
[email protected]
Senior Account Manager
(805) 693-2000
Sophia Schwirzke
[email protected]
Customer Account Manager
(831) 257-4003

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

July 30, 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

2. PLEDGE OF ALLEGIANCE
Councilmember Perez led the Pledge of Allegiance.

3. ROLL CALL

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

5. COUNCIL BUSINESS

5.1 CONTRACT AMENDMENT with VEOLIA FOR OPERATIONS AND

MAINTENANCE SERVICES OF THE DOMESTIC WASTEWATER

TREATMENT PLANT
Public Works Director William Via provided the staff report outlining the proposed contract terms.

Councilmember Burns requested and received clarification regarding use of the conference room at the plant by City staff.

Mayor Casey opened public comment at 4:11 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 4:11 p.m.

Moved by: Councilmember Resendiz
Seconded by: Councilmember Perez

2 Approve a fifth amendment to the contract with Veolia for operations and maintenance services of the Domestic Wastewater Treatment Plant, with the amendment to require one week notice for use of the conference room, and authorize City Manager to execute the contract amendment.

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

6. ADJOURNMENT
Mayor Casey adjourned the meeting at 4:12 p.m.

7. VERIFICATION OF AGENDA POSTING

Jennifer Woodworth, City Clerk

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

August 6, 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

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

4. SPECIAL ORDERS OF THE DAY

4.1 Proclamation Recognizing Benjamin Tolentino
Mayor Casey read and presented a proclamation to Benjamin Tolentino recognizing him for his accomplishments.

4.2 Community Health Centers Proclamation
Mayor Casey read and presented a proclamation declaring August 4 -10, 2024, as National Health Center Week.

4.3 Commendations for Hollister Police Officers
Hollister Police Chief Carlos Reynoso and San Benito County Emergency Services Manager Kris Mangano presented commendations to the following Hollister Officers:

Officer Freddy Hernandez
Officer Nicholas Rudolfs

2 4.4 Commendations for Hollister Firefighters
Hollister Fire Chief Jonathan Goulding and San Benito Chris Mangano presented commendations to the following Hollister Firefighters for their heroic acts at a recent emergency incident:

Captain Jimmy Holguin
Firefighter Steven Cabral
Firefighter David Achen

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Matt Nohr with the Orosco Group provided comments on cannabis fees previously paid to the City related to a proposed cannabis cultivation facility. The group decided not to pursue the facility and requested previously paid application fees be refunded or be transferred to future projects.

Irene Davis representing the Visit San Benito County organization commented on the organization's previous funding request and requested the members of the Council provide funding to the organization from their discretionary funds.

Alex Valles owner of architectural and design firm in Hollister expressed disappointment regarding his interactions with City contract staff.

Eldon V. expressed concern regarding of electric scooters on City sidewalks and supported education users and banning the electric scooters from sidewalks.

6. COUNCIL BUSINESS

6.1 CONSIDERATION AND ACTION REGARDING RESOLUTION

APPROVING PUBLIC CENSURE OF COUNCILMEMBER ROLAN

RESENDIZ
Councilmember Resendiz requested and received clarification regarding various documents being public record. Councilmember Resendiz read statements from the investigative report.

Mayor Casey requested and received clarification regarding the independent investigator and complaints sustained by the investigator.

Mayor Casey opened public comment at 4:37 p.m.

Carol Lenoir supported adoption of the resolution.

Mayor Casey closed public comment at 4:38 p.m.

Councilmember Resendiz stated he would not complete harassment prevention training.

Councilmember Morales requested Councilmember Resendiz also be required to complete gender-based violence and trauma training.

3 Moved by: Councilmember Morales

Adopt a resolution approving public censure of Vice Mayor Rolan Resendiz and set the due date for the harassment prevention training and gender-based violence training to be completed by September 1, 2024.

Fail

Amendment:

Moved by: Councilmember Perez
Seconded by: Mayor Casey

Adopt a resolution approving public censure of Vice Mayor Rolan Resendiz and set the due date for the harassment prevention training and gender-based violence training to be completed by October 5, 2024.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Abstained (1): Councilmember Resendiz
Carried (4 to 0)

7. CONSENT ITEMS
Councilmember Resendiz pulled Item 7.6 from the consent calendar.

Mayor Casey opened public comment at 4:48 p.m.

There were no speakers for the consent agenda items.

Mayor Casey closed public comment at 4:48 p.m.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

Approve the consent agenda items, except for item 7.6.

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

7.1 APPROVE JUNE 18, 2024 MEETING MINUTES

7.2 WARRANT REGISTER AUGUST 6, 2024

4 Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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

Carried

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
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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

Carried

7.4 CLAIM AGAINST THE CITY- FILED BY CARMEN VILLANUEVA
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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

Carried

7.5 RESOLUTION APPROVING AND OPT INTO THE KROGER NATIONAL

OPIOID SUBDIVISION AGREEMENT
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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

Carried

5 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
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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
Carried

7.8 DARKTRACE CYBER-SECURITY SERVICE RENEWAL
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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.

Carried

7.9 ACCEPTANCE OF THE EVERGLEN PUBLIC PARK PLAN
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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.

Carried

7.10 WILLOW LANDING PUBLIC PARK ACCEPTANCE

6 Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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.

Carried

7.11 MONTEREY BAY AIR RESOURCES DISTRICT (MBARD) MOTOR

VEHICLE EMISSION REDUCTION GRANT PROGRAM FOR THE CITY

OF HOLLISTER EV CHARGING STATIONS
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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.

Carried

7.12 COOPERATIVE PURCHASING AUTHORIZATION
Moved by: Councilmember Burns
Seconded by: Councilmember Morales

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

Carried

7.6 A CONTRACT AMENDMENT WITH EMC PLANNING GROUP FOR

PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE

MERIDIAN VILLAGE PROJECT
Planning Manager Eva Kelly provided the staff report.

7 Moved by: Councilmember Morales
Seconded by: Councilmember Burns

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.

Ayes (3): Mayor Casey, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Abstained (1): Councilmember Perez
Carried (3 to 1)

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
Cannabis Affairs Manager Maria Mendez provided the staff report.

Mayor Casey opened the public hearing at 5:01 p.m.

There were no speakers for this item.

Mayor Casey closed the public hearing at 5:01 p.m.

Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns

Adopt a resolution approving a Regulatory Permit for Where2Distro LLC to operate a cannabis distribution facility at 1891 Airway Drive.

Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Abstained (1): Councilmember Morales
Carried (4 to 0)

9. COUNCIL BUSINESS

9.1 BEST PRACTICES FOR EFFICIENT MEETINGS

8 City Clerk Jennifer Woodworth provided the staff report.

Mayor Casey opened public comment at 5:04 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 5:04 p.m.

By consensus, the City Council directed staff to include in the policy a limit on staff presentations to ten minutes and a requirements for public speakers to indicate their desire to speak prior to the completion of any comments by the first speaker for an agenda item or during the public comment portion of the agenda.

10. INFORMATIONAL REPORTS

10.1 COMMITTEE ASSIGNMENTS
Councilmember Morales reported on a recent meeting of the Council of Governments and reported there is a workshop on September 25, 2024.

Mayor Casey provided an update on Measure A and reported on a recent meeting with Senator Padilla's office. Mayor Casey reported on a recent meeting of the Fire Protection Committee.

10.2 COUNCIL REPORTS
Councilmember Burns commended and thanked City staff for the work done as part of the City's July Fourth events; thanked City staff for completing cleaning of Sunnyslope Village sound walls; and thanked staff for installing radar signs on Valley View Road. Councilmember Burns requested additional information regarding comments made regarding Mr.

Valles's interactions with City contract staff; requested additional information regarding Council promotion of the transient occupancy tax measure; requested information regarding electric scooters on sidewalks; requested an update on shade structures at Las Brisas Park; requested the sound walls on Enterprise and along Pinnacles Highway be painted; requested the damaged cinderblock on Avenida Cesar Chavez be repaired; requested future discussion of a side letter with Hollister Firefighters Union that the City Council will not terminate any Hollister Fire Department employees as a direct or indirect result of any negotiations related to the Fire Services contract.

Councilmember Perez thanked City staff for all they do. Councilmember Perez supported promotion of Visit San Benito County and requested an update on the incident mentioned by Mr. Valles.

Councilmember Morales requested New Hope for Youth be invited to give a presentation at a future Council meeting; requested a status update for the cannabis ad hoc committee; and requested a future Council item regarding Mr. Nohr's request related to cannabis fees paid.

9 Mayor Casey stated she is interested in using $20,000 of her discretionary funds for Visit San Benito County once the organization is verified as a non-profit organization; requested certificates to be presented at the upcoming Second Native Gathering event; and commented on recent statements made to the media and panic and anxiety created by the statements. Mayor Casey requested Council consensus to direct staff to provide clarifying statements and information when false information is shared in the community. Mayor Casey expressed concern regarding San Benito County's Housing Element and potential impacts on the City if implemented and requested a future agenda item on the topic, including a potential response letter from the City.

City Manager David Mirrione confirmed council consensus on the following items: quote for maintenance of sound walls along Enterprise and Pinnacles Highway; future Council agenda item regarding the refund request by Mr. Nohr; an update to the City Council assignments for Councilmember Morales to serve on the Fire Protection Committee; a future presentation by the New Hope for Youth organization; recognition for the Second Native Gathering honorees; and legal analysis of implications on the City of implementation of County Housing Element.

10.3 CITY MANAGER REPORT
City Manager David Mirrione thanked and commended staff for their efforts to support the July Fourth event
Public Works Director William Via provided an update on the operation of the Industrial Wastewater Treatment Plant by San Benito Foods and related odors and provided an update on the timeline for the 2024 road rehabilitation project.

1. UPDATED CITY COUNCIL PROJECTS

11. CLOSED SESSION
City Attorney Mary Lerner read the closed session item titles.

Mayor Casey opened public comment at 6:00 p.m.

There were no speakers for the closed session agenda items.

Mayor Casey closed public comment at 6:00 p.m.

The City Council adjourned into closed session at 6:03 p.m.

11.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mir rione and Administrative Services Director Casey Estorga)

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

11 City Attorney Mary Lerner reported the City Council unanimously declined to waive the conflict that County Counsel Prentice Long has regarding the fire service contract negotiations with the County of San Benito.

13. ADJOURNMENT
Motion to adjourn the meeting at 8:03 p.m.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # City Clerk-2024-35

AGENDA ITEM: APPOINTMENT OF CITY REPRESENTATIVE ON THE FIRE

PROTECTION COMMITTEE

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

RECOMMENDED ACTION: Appoint Councilmember Dolores Morales as a representative on the Fire Protection Committee.

DISCUSSION: At the August 6, 2024 Meeting, the City Council requested an item be brought forward to make a change to the appointments on the Fire Protection Committee. Councilmember Dolores Morales volunteered to replace Councilmember Tim Burns as the city’s representative.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: At the August 6, 2024 Meeting, the City Council requested an item be brought forward to make a change to the appointments on the Fire Protection Committee.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Updated Committee Assignment list

Council Appointments for 2024
Committee Name 2023 Representative 2023 Alternate 2024 Representative 2024 Alternate Term Start Term End Notes Council of Governments (COG)
Meets every 3rd Thursday of every month at 4:00 p.m. at the Administration Bldg., 481 Fourth St., Hollister
Mia Casey
Dolores Morales
Rick Perez Mia Casey
Dolores Morales
Rick Perez 1/1/2024 12/16/2024
Measure A Authority
Meets same day and time as COG
Mia Casey
Dolores Morales
Rick Perez Mia Casey
Dolores Morales
Rick Perez 1/1/2024 12/16/2024
Local Transit Authority
Meets same day and time as COG
Mia Casey
Dolores Morales
Rick Perez Mia Casey
Dolores Morales
Rick Perez 1/1/2024 12/16/2024
Airport Land Use Commission
Meets same day and time as COG
Mia Casey
Dolores Morales
Rick Perez Mia Casey
Dolores Morales
Rick Perez 1/1/2024 12/16/2024
Service Authority for Freeways and Expressways
Meets same day and time as COG
Mia Casey
Dolores Morales
Rick Perez Mia Casey
Dolores Morales
Rick Perez 1/1/2024 12/16/2024
Local Agency Formation City Selection Committee
(LAFCo)
Meets 2nd Thursday of every month at 3:00 pm.m at the
Administration Bldg., 481 Fouth St., Hollister
Mia Casey Rick Perez Mia Casey Rick Perez 1/1/2024 12/16/2024 Inter-Governmental Committee
Meets 1st Wednesday of every month at 4:00 p.m.

Mia Casey
Rick Perez
Dolores Morales Mia Casey
Rick Perez
Dolores Morales 1/1/2024 12/16/2024
Fire Protection Committee
Meets 1st Thursday of every month at 8:30 a.m. at Hollister City Hall, 375 Fifth St.

Mia Casey
Tim Burns
Rick Perez Mia Casey
Tim Burns
Rick Perez 1/1/2024 12/16/2024
Association of Monterey Bay Area Governments (AMBAG)
Meets 2nd Wednesday of every month at 6:00 p.m. at Marina Library, 190 Seaside Circel, Marina, except July and December Rick Perez Dolores Morales Dolores Morales Rick Perez 1/1/2024 12/16/2024 Remote Access Network (RAN) Board Mia Casey Mia Casey 1/1/2024 12/16/2024 Community Center Collaboratory of San Benito County Mia Casey Mia Casey 1/1/2024 12/16/2024 Leadership Council for the Coalition of Homeless Service Providers for Monterey and San Benito Counties
Mia Casey Mia Casey 1/1/2024 12/16/2024
Dolores Morales

Council Appointments for 2024
Committee Name 2023 Representative 2023 Alternate 2024 Representative 2024 Alternate Term Start Term End Notes Governance Committeee
Meets as needed at San Benito County Water District, 30 Mansfield Road
Dolores Morales
Rick Perez
Mia Casey Rick Perez
Mia Casey
Tim Burns 1/1/2024 12/16/2024
Water Resource Association
Meets 1st Thursday of even-numbered months, at 4 p.m. at San Benito County Water District, 30 Mansfield Rd.

Rick Perez Mia Casey Rick Perez Mia Casey 1/1/2024 12/16/2024 Pajaro River Watershed Flood Prevention Authority
Meets on Fridays at 9:00 a.m. Calendar approved at the
beginning of the year
Tim Burns David Mirrione Tim Burns David Mirrione 1/1/2024 12/16/2024 San Benito County (Integrated Waste Management) Local
Solid Waste Task Force
Meeting dates determined at the start of the calendar year Rick Perez Tim Burns Rick Perez Tim Burns 1/1/2024 12/16/2024 Monterey Bay Area Resources District (MBARD)
Shared with SBC & Santa Cruz/Hollister in 2022 last held by D3
Meets on the 3rd Wednesday of the month at 1:30 p.m. at 24580 Silver Cloud Court, Monterey, CA 93940
Dolores Morales Rick Perez 1/1/2024 12/16/2024
Oversight Committee of the Former Hollister
Redevelopment Agency
Meets as needed
Tim Burns Mia Casey Tim Burns Mia Casey 1/1/2024 12/16/2024 Senior Advisory Area Agency on Aging Advisory Council
Meets the 3rd Wednesday of every month at 10:00 a.m. at Hollister City Hall, 375 Fifth St.

Rick Perez Dolores Morales Rick Perez Dolores Morales 1/1/2024 12/16/2024 Central Coast Community Energy (3CE)
Switches each year - Meetings scheduled
https://3cenergy.hylandcloud.com/203agendaonline
Dolores Morales Mia Casey Dolores Morales Mia Casey 1/1/2024 12/16/2024 Shared seat with SJB.

Requests reps from both
CoH and SJB. Only 1 member
has voting rights.

Hazel Hawkins Hospital Ad Hoc Committee Mia Casey Mia Casey 1/1/2024 12/16/2024

Council Appointments for 2024
Ad Hoc Committees 2023 Rep. 1 2023 Rep. 2 2024 Rep. 1 2024 Rep. 2 Term Start Term End Notes Animal Control Ad Hoc Committee Mia Casey Mia Casey 1/1/2024 12/16/2024 Economic Development Committee (EDC)
Meets 3rd Tuesday of the month 3:30 pm - 5:30 pm at
City Hall 375 5th Street
Tim Burns Mia Casey Tim Burns Mia Casey 1/1/2024 12/16/2024 Fire Advisory Committee Rick Perez Mia Casey Rick Perez Mia Casey 1/1/2024 12/16/2024 Substance Abuse Response Team Rick Perez Mia Casey Rick Perez Mia Casey 1/1/2024 12/16/2024 Cannabis Tim Burns Dolores Morales 1/1/2024 12/16/2024

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Airport-2024-11

AGENDA ITEM: A RESOLTUION GRANTING RETROACTIVE AUTHORITY TO THE

AIRPORT TO SUBMIT AN APPLICATION FOR THE BIPARTISAN

INFRASTRUCTURE LAW, AIRPORT TERMINAL AND TOWER PROJECT GRANT

DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director
STAFF CONTACT: Jeff Crechriou, Airport Director

RECOMMENDED ACTION:

1. Adopt a resolution retroactively approving the submission of the U.S. Department of Transportation Federal Aviation Administration Airport Terminal and Tower Projec t grant application for $5,500,000 with a required match of $550,000; and

2. Authorize the City Manager or his designee to execute any subsequent amendments or modifications, and other necessary documents.

DISCUSSION: The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Bill, was signed into law by President Joe Biden on November 15, 2021. This Bipartisan Infrastructure Law is envisioned to rebuild America’s roads, bridges and rails, expand access to clean drinking water, ensure every American has access to high-speed internet, tackle the climate crisis, advance environmental justice, and invest in communities that have too often been left behind.

The legislation invests $25 billion in airports to address repair and ma intenance backlogs, reduce congestion and emissions near ports and airports, and drive electrification and other low-carbon technologies under the premise that modern, resilient, and sustainable port, airport, and freight infrastructure will strengthen our supply chains and support U.S. competitiveness by removing bottlenecks and expediting commerce and reduce the environmental impact on neighboring communities. The U.S. Department of Transportation Federal Aviation Administration (FAA) is administering airport related grants funded by the Bipartisan Infrastructure Bill.

On July 31, 2024, staff submitted a $5,500,000 grant application to the FAA for the construction of a General Aviation Terminal Building that will provide an area for transient passengers, a pilots' lounge, flight planning, concessions, management, and restrooms. General aviation businesses providing services such as refueling and line services will also have access to the Terminal. Currently, the Airport does not have a Terminal Building providing these amenities. The project will result in an enhanced experience for tenants, passengers and pilots and increase the attractiveness of the Airport within the aviation and local community. The grant requires a cash match of $550,000.

FISCAL IMPACT: If awarded, the City of Hollister would receive $4,950,000 and would require a City match of $550,000 from the General Fund.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the regular meeting of January 17, 2023, the City Council adopted Resolution No. 2023-2, providing retroactive authority to the Airport to submit an application for the Bipartisan Infrastructure Law, Airport Terminal and Tower Project Grant.

CEQA: If awarded, this project will be subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.

ATTACHMENTS:

1. Resolution

2. FAA Grant Application

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

PROVIDING RETROACTIVE AUTHORITY TO SUBMIT AN

APPLICATION FOR THE BIPARTISAN INFRASTRUCTURE LAW,

AIRPORT TERMINAL AND TOWER PROJECT GRANT

WHEREAS, on November 15, 2021, President Joe Biden signed the Infrastructure Investment and Jobs ACT (IIJA), also known as the Bipartisan Infrastructure Bill into law; and

WHEREAS, the legislation invests $25 billion in airports to address repair and maintenance backlogs, reduce congestion and emissions near ports and airports, and drive electrification and other low-carbon technologies; and

WHEREAS, the U.S. Department of Transportation Federal Aviation Administration (FAA) is administering airport related grants funded by the Biparti san Infrastructure Bill; and

WHEREAS, on July 31, 2024, staff submitted a $5,500,000 grant application to the FAA for the construction of a General Aviation Terminal Building; and

WHEREAS, construction of a General Aviation Terminal Building will provide an area for transient passengers, a pilots' lounge, flight planning, concessions, management, and restrooms. Currently, the Airport does not have a Terminal Building providing these amenities; and

WHEREAS, the project will result in an enhanced experience for tenants, passengers, and pilots and increase the attractiveness of the Airport to the aviation community; and

WHEREAS, if awarded, the City of Hollister would receive $4,950,000 and be required to provide $550,000 in match funding.

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

1. Adopt a resolution retroactively approving the submission of the U. S. Department of Transportation Federal Aviation Administration Airport Terminal and Tower Proj ect grant application for $5,500,000 with a required match of $550,000; and

2. Authorize the City Manager or his designee to execute any subsequent amendments or modifications, and other necessary documents.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

Resolution No. 2024-XX

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 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # City Manager-2024-28

AGENDA ITEM: A RESOLUTION APPROVING A 2.0% SALARY INCREASE FOR

ALL UNREPRESENTED CITY EMPLOYEES

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

RECOMMENDED ACTION: Adopt a resolution approving a 2.0% salary increase for all unrepresented city employees.

DISCUSSION: A full copy of the updated Salary and Benefits Plan and salary schedule reflecting the 2% increase, including strike-through formatting to identify the changes, has been included as part of this staff report.

FISCAL IMPACT: Funding for this item has been included in the FY 2024-25 Recommended Budget. Funding for future years will be presented to the City Council as part of the annual budget process.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Executive Unit – 08-20-2024

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A 2.0% SALARY INCREASE FOR ALL UNREPRESENTED

CITY EMPLOYEES

WHEREAS, the City of Hollister (“City”) proposes that unrepresented City employees receive a 2.0% increase in base salary effective the first full pay period following approval of this resolution; and

WHEREAS, the City Council now desires to formally approve this proposal for those unrepresented positions in “Exhibit A,” attached to this resolution.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve a 2.0% increase to the base salary of a City unrepresented employees, effective the first full pay period after the approval of this resolution.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

CITY OF HOLLISTER

EXECUTIVE MANAGEMENT UNIT

SALARY AND BENEFITS PLAN

ADOPTED OCTOBER 16, 2023
EFFECTIVE JULY 1, 2023 September 11August 20, 2024

1 Table of Contents
Page
Table of Contents Page ............................................................................................................ 1 A. APPLICATION OF SALARY AND BENEFITS PLAN ........................................................... 3 B. SALARY ADJUSTMENT ........................................................................................................ 4 C. HOLIDAYS 4
D. VACATION 5

1. Entitlement .......................................................................................................................... 5

2. Accrual ................................................................................................................................ 5

3. Maximum Accrual ................................................................................................................ 6

4. Floating Holidays ................................................................................................................ 6 E. SICK LEAVE 6

1. Entitlement .......................................................................................................................... 6

2. Accrual ................................................................................................................................ 6

3. Sick Leave Conversion to Cash ......................................................................................... 6

4. Vacation Conversion to Cash ............................................................................................. 7 F. ADMINISTRATIVE LEAVE ..................................................................................................... 7 G. INSURANCE 8

1. Description .......................................................................................................................... 8

2. Health Insurance Options ................................................................................................... 8

3. IRS Code Section 125 Flexible Benefits/Cafeteria Plan .................................................... 8

4. Terms for Health Care Participation ................................................................................... 9

5. Health Care Contributions .............................................................................................. 910

6. Vision Insurance ............................................................................................................... 10

7. Dental Insurance ............................................................................................................... 10

8. Life Insurance ................................................................................................................... 10

9. Long Term Disability Insurance ........................................................................................ 10

10. Health Insurance Waiver Option ............................................................................... 1011

11. Optional Health Benefits ................................................................................................ 11

12. Flexible Spending Accounts (FSA's) ........................................................................ 11 12

13. Life Insurance ............................................................................................................... 12 H. RETIREMENT 12

1. Contribution (Based on Retirement Category): ................................................................ 12

2. 1959 PERS Survivor Death Benefit .............................................................................. 1314

3. One-Year Final Compensation Benefit ............................................................................. 14

2 4. DROP Program (Deferred Retirement Option Plan) ........................................................ 14 I. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM ............................................ 14 J. PROFESSIONAL CERTIFICATE PAY ............................................................................. 1516 K. TUITION REIMBURSEMENT .............................................................................................. 16 L. DEFERRED COMPENSATION PLAN ............................................................................. 1617 M. BILINGUAL ALLOWANCE .............................................................................................. 1617 N. DRUG FREE WORKPLACE POLICY ............................................................................. 1718 O. MILEAGE REIMBURSEMENT/VEHICLES ..................................................................... 1718 P. JURY DUTY AND SUBPOENAED WITNESS ..................................................................... 18 Q. LONGEVITY PAY ................................................................................................................. 18 R. EVENT PAY 1819
S. SAFETY EQUIPMENT ..................................................................................................... 1819 T. TERM 19

3 A. APPLICATION OF SALARY AND BENEFITS PLAN

This Salary and Benefits Plan shall apply to the Executive Management Employees' Unit (hereafter referred to as "Executive Management Employees". This Unrepresented Unit includes the following Unrepresented Classifications.

Administrative Services Director

Airport Director

Airport Manager

Assistant City Manger

Assistant IT Director

Building Official

City Clerk

City Engineer

City Manager

Development Services Director

Fire Division Chief/Fire Marshall

Fire Chief

Human Resources Manager

Information Systems Manager

IT Director

Parks & Recreation Director

Police Captain

Police Chief

Program Manager

Public Works Director

Utility Manager

The Benefits stated in this Plan shall also apply to the Executive Management Employees under Employment Contract with the City, unless stated otherwise. Contracted Employees are not eligible for Salary Adjustments under Section 2.

Commented [JV1]: Changed list style to letters to keep
all MOU list styles consistent

4 B. SALARY ADJUSTMENT

Contracted Employees are not eligible for the Salary Adjustment under this Section. Wage Increases:

Effective upon execution of the MOU Resolution:

1. Effective the first full pay period after approval July 1, 2023, the City shall apply a six percent (6%) two percent (2.00%) Cost of Living Adjustment increase to the salary schedule for all classifications in this unit. The City Manager classification is exempt and is not entitled to this pay increase.

2. This change is memorialized in the Salary Schedule included as ATTACHMENT A.

C. HOLIDAYS

1. Holiday Schedule

All Executive Management employees are entitled to 12.5 paid holidays per year. These holidays are as follows:

January 1 New Years Day Third Monday in January Martin Luther King Jr. Day Third Monday in February Presidents Day
March 31 Cesar Chavez Day Last Monday in May Memorial Day
June 19 Juneteenth July 4 Independence Day First Monday in September Labor Day
November 11 Veterans Day Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving December 241h (1/2 day) Christmas Eve
December 25th Christmas Day

If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

2. Holiday Office Closure

5 The City Manager may elect to close certain City offices to the public between the Christmas and New Year’s Day holidays. However, it will also be necessary to have a base level of staffing to open and operate certain offices during core business hours. Not all departments will be impacted as some public services must be provided on a continual basis.

To accommodate these needs, the City will provide all unit members a bank of thirty-two (32) HOLIDAY CLOSURE HOURS. An employee will have the option, with Department Head approval, to use HOLIDAY CLOSURE HOURS at any point between November 1 – December 31. There are no exceptions to these dates. HOLIDAY CLOSURE HOURS cannot be cashed-out and carry no cash value. Unused hours will be forfeited.

It is the employee's responsibility to ensure that required hours are taken off work prior to the end of each applicable fiscal year. Management will make every effort to accommodate employees' requests for the equivalent hours of time off.

The Holiday Office Closure is neither grievable nor appealable. However, employees who believe that the Holiday Officer Closure has not been administered according to the provisions of this agreement, including not being granted the time off, may request a review by an advisory committee composed of one (1) unit representative and one (1) City Management representative.

D. VACATION

1. Entitlement

All Executive Management employees are entitled to accrue vacation based on B.

Accrual below. Employees may take accrued vacation after the completion of six (6) months of service.

2. Accrual

Years of Service: Annual Vacation Accrual
1st through completion of 3rd 10 Days
4th through completion of 7th 15 Days
8th through completion of 15th 20 Days
16th through completion of 20th 22 Days
Beginning of 21st year 25 Days

Police Chief and Police Captain classifications shall accrue at the following rates:

Years of Service: Annual Vacation Accrual
1st through completion of 3rd 12 Days

6 4th through completion of 7th 17 Days
8th through completion of 15th 22 Days
16th through completion of 20th 24 Days
Beginning of 21st year 27 Days

3. Maximum Accrual

Executive Management Employees may only accumulate a maximum of 35 working days (280 hours) of vacation without the authorization of the City Manager. Accumulated vacation time of more than 35 days (280 hours) authorized by the City Manager must be used prior to the end of the calendar year or it will be lost.

4. Floating Holidays

Executive Management Employees shall receive two (2) floating holidays for the fiscal year for their use beginning on July 1 of each fiscal year.

E. SICK LEAVE

1. Entitlement

Sick leave shall be accrued at a rate of twelve (12) days per year (8 hours per month).

2. Accrual

Unused Sick Leave may be accrued without limit.

3. Sick Leave Conversion to Cash

All Executive Management Employees may be compensated for a percentage of accrued, unused sick leave to cash at retirement or death from City employment. The provisions for this policy are as follows:

a. Executive Management Employees may not "cash out" or be compensated for any of the first 240 hours of sick leave accrued.

b. Any Executive Management Employees having completed 10 years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of retirement from City service.

c. The surviving spouse or State-registered Domestic Partner, beneficiary(s), dependent(s), or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to

7 retirement, will be compensated for one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of death.

d. Any Executive Management Employee having completed 10 years of continuous service with the City and having an unused sick leave accrual balance exceeding 500 hours may, at their option, "cash out" up to a maximum of 96 hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than 500 hours.

e. Compensation for unused, accrued sick leave will be made at the employee's rate of pay at the time of" cash out". Requests for payment of unused sick leave as described herein, shall be made in writing to the Administrative Services Department at least 30 days in advance of June 1st and December 1st of each year

f. Payments of "cashed out" unused sick leave will be made on the first pay day which follows June 1st and December 1st of each year.

4. Vacation Conversion to Cash

Executive Management Employees may cash out vacation leave hours in the increments of ten (10) hours as long as it has been budgeted and must have the City Manager's Approval. Compensation for vacation leave cashed out will be made at the employee's rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Administrative Services Department at least thirty (30) days in advance.

Payments of cashed-out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.

F. ADMINISTRATIVE LEAVE

All Executive Management Employees shall receive eighty (80) hours Administrative Leave on July 1m of each fiscal year. The terms for use of Administrative Leave are as follows:

1. Administrative Leave credit will be accrued at the rate of 3.08 hours per pay period.

2. The entire eighty (80) hours of Administrative leave will be advanced and be avai lable for use on July 1 of each fiscal year.

3. Leave usage must be identified and recorded on the official time card for the period in which leave was taken.

4. Residual Administrative Leave not utilized during the fiscal year may not be carried over into a subsequent year unless prior approval by the City Manager.

5. Administrative Leave shall not be cumulative and may be cashed out a maximum amount up to 28 hrs. per fiscal year. Unused accrued Administrative Leave shall be paid out upon termination or retirement.

8 6. Excluding the provisions pursuant to Paragraph [G] below, in the event an eligible employee terminated during the year, unused accrued Administrative Leave shall be paid out in the same manner as unused vacation. If leave has been taken beyond that which is accrued, the employee must pay back all excess leave taken.

7. For eligible employees hired during the year, prorated leave credit will be accrued from the date of hire.

8. Each Executive Management Employee shall have the right to donate at any time all or a portion of his or her Administrative Leave to any City Employee pursuant to Resolution 2006-15 (Catastrophic Illness or Injury). Such donations shall not be subject to the requirement for repayment of Administrative Leave under Section [6] (E) herein.

G. INSURANCE

1. Description

The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter "Plan") is available to full-time employees (hereinafter "Employees"). There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.

2. Health Insurance Options

The City shall provide employees with the choice of participating in the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CALPERS.

3. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

a. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.

b. The City shall contribute towards the medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.

c. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:

i. For Calendar Year 2023, the City will continue to contribute a dollar amount towards medical insurance premiums at the following levels:

COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,162.71
Employee Plus One $2,325.42
Employee Plus Family $3,023.05

9 ii. For Calendar Year 2024, the City will increase its contributions by the actual increase to the PERS Platinum plan, or an amount not to exceed 10%.

iii. An amount equivalent to the City's contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

iv. An amount equivalent to the City's contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

v. In the event that surplus Flex Credits are available, any Executive Management employees shall have the option to allocate such Flex Credits to one or more of the following:

 Executive Management Employees Flexible Spending Account.  Roth Individual Retirement Account (IRA).
 ICMA or City-authorized 457 Deferred Compensation Plan.

If a Unit Employee's residual "Flex Credits" are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

d. Employees who waive either dental and/ or vision coverage shall have the option to apply available flex credits towards the cost of any optional premium listed in the Section K. The cost of the optional premium not covered by available flex credits shall remain the employee's responsibility.

e. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section CT] below.

4. Terms for Health Care Participation

Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.

5. Health Care Contributions

1. Employee-only Premium

The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this Salary and Benefits Plan for each member of the unit for Calendar Year 2022. The employee-only premium for medical insurance shall be in accordance with Section [C] above.

2. Employee Option for Dependent Coverage

Starting Calendar Year 2022, for those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall

10 contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage for Calendar Year 2022 in accordance with Section [C] above. This section does not affect the current coverage for Calendar Year 2021.

6. Vision Insurance

The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this Salary and Benefits Plan.

The City shall offer vision care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

7. Dental Insurance

The City shall offer dental care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

8. Life Insurance

The City shall provide term life insurance in the amount equal to $100,000 for each member of the unit for the term of this Salary and Benefits Plan Additional term life insurance may be purchased by the employee in increments of $10,000 up to a total of $250,000.

9. Long Term Disability Insurance

The City agrees to provide to all employees within this unit at City cost a Supplemental Long Term Disability Plan, coordinated with other existing benefits to provide no more than a thirty (30) day exclusion or elimination period; no less than a one -year benefit for accident or illness; and a minimum scheduled benefit of sixty-six percent (66%) or two thirds (2/3) of gross salary to a maximum of $7,000 for the term of this Salary and Benefits Plan. The City in its sole discretion shall select the Supplemental Long Term Disability Plan carrier that meets these requirements.

10. Health Insurance Waiver Option

a. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:

 $535 Employee Only
 $1,075 Employee plus one
 $1,380 Employee plus family

The compensation will be based on the employer's contribution towards the premiums for the City's health plan at the level in which the employee is eligible to participate (employee only, employee plus one dependent, employee plus two or more dependents) at the time of waiving City insurance coverage in accordance with

11 Section [3] below. This cash amount will be paid as part of the employee's bi-weekly payroll.

b. Employees within this unit shall be eligible to elect not to participate in the City's health care program only after participating for a minimum period of one year immediately preceding the election.

c. Employees within this bargaining unit electing not to participate in the City's health care insurance program must annually provide proof of medical insurance coverage by an outside provider in order to maintain payment under this waiver option.

d. For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage for the employee and his/her dependents at no cost to the employee.

e. In addition to the coverage options specified under Article 7. Insurance of the Memorandum of Understanding between the City of Hollister and Executive Management Employees, the following optional health benefits shall be available to the employees of this bargaining unit.

11. Optional Health Benefits

Employees within this unit that have elected to participate in a City-offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making all elections required to participate in the medical insurance, the employee can use that surplus toward optional qualified insurance benefits or one or both of the pre-tax spending accounts. Employees that wish to participate in the optional benefits plan, but do not have any surplus credits, can elect to have a pre-tax payroll deduction in an amount to cover the cost of their elections.

Employees may pay the premiums for the following benefits on a voluntary basis:

 Medical Insurance
 Dental Insurance
 Vision Insurance
 Group Term Insurance up to $50,000 for Employees only  Accidental Death and Dismemberment Insurance
 Short Term Disability Cancer Insurance
 Supplemental Health Insurance Accidental Only
 Insurance Intensive Care Insurance

12. Flexible Spending Accounts (FSA's)

The City agrees to offer a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law to be funded by employee.

The City agrees to offer a pre-tax medical reimbursement account, up to the IRS maximum amount per year per employee.

12 13. Life Insurance

The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.

H. RETIREMENT

1. Contribution (Based on Retirement Category):

All unit members enrolled in the PERS Miscellaneous retirement plan:

Tier 1

Effective the first full pay period after the execution of the Salary and Benefits Plan, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2.5% @ age 55" Retirement Benefit Plan shall pay eight percent (8%) of their Compensation and all unit employees under the Public Safety (Police and Fire) CalPERS "3% @ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2

Effective the first full pay period after the execution of the Salary and Benefits Plan, and the City's subsequent adoption of the Resolution changing the CalPERS

Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation and all unit employees under the Public Safety (Police and Fire) CalPERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 3

Effective on or after January, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

Police Chief and Police Captain:

Tier 1

Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement

13 Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS "3%@ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2

Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution cl1anging the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Police CalPERS "3%@ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 3

Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

Fire Chief and Fire Division Chief

Tier 1

Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety – Fire CalPERS "3% @ age SO" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 2

Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Fire CalPERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.

Tier 3

Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a "new member" under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

2. 1959 PERS Survivor Death Benefit

The City shall provide the PERS Section 21574 "Fourth Level 1959 Survivor Death Benefit" for all eligible unit members for the term of this contract. The City shall pay the employer rate contribution. The employee shall pay the member rate contribution.

14 3. One-Year Final Compensation Benefit

The City shall provide the PERS Section 20042 "One Year Final Compensation" benefit for eligible unit members.

All new employees hired on or after January 1, 2013, and who are defined as a "new Member" under PEPRA, are subject to the new State Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.

4. DROP Program (Deferred Retirement Option Plan)

For the term of this contract, the City agrees to discuss consideration of implementing a DROP Program for the next contract.

I. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM

Employees who have successfully completed probation shall be eligible to receive a one- time professional development incentive for obtaining certificates or degrees received after the date of this Salary and Benefits Plan. A professional development incentive shall not be awarded if the certification or degree is a minimum requirement for their position.

The certificate must relate to the employee's current position or future lateral or promotional opportunities with the General Employees Unit, Mid-Management Association or the unrepresented units of Confidential Employees and Executive Management. Vocational Training, for purposes of this section, is defined as a minimum of 100 hours of specific training in a career field which results in a certificate of completion. The minimum one hundred (100) hours shall be documented classroom time or in the case of a correspondence program identified as the average length of tim e required to complete the program certification as documented by the certifying agency or institution. Only one (1) professional development incentive per calendar year can be received by an employee. If an employee receives a Ph.D., Master's degree or Bachelor's degree in a calendar year, the employee may also receive one (1) additional professional development incentive for a certificate earned in the same calendar year.

1. Professional Certificates - $2,500.00 Lump Sum

 Fire - Emergency Medical Technician, Hazard Materials Certification.

2. College Degrees and Certificates - $2,500.00 Lump Sum

 Ph.D.
 Master's Degree
 Bachelor's Degree
 Associate's Degree

3. Additional Eligibility Criteria

Additional licenses and certificates eligible for these professional development incentives, not listed in this Article, may be reviewed and approved by the City Manager in accordance with the following criteria:

15 - The license or certificate submitted for consideration must directly relate to the employee's current position or future lateral or promotional opportunities in accordance with the provisions of this section.

- The employee earning the license or certificate shall be subject to duties and assignments commensurate with the level of proficiency attained under the City's Professional Development Incentive Program.

- After the effective date of this Salary and Benefits Plan, all such requests for consideration for eligibility for such license and certificate incentives shall be submitted to the Department Head for review, with final approval by the City Manager at his/her sole discretion. The City Manager's determination is not subject to appeal.

The process for receiving a professional development incentive under this program shall be:

- Prior to beginning any class, program, seminar or study toward a desired certificate or degree, the employee must submit a request to his/her department head for consideration and approval of bonus award. Qualifying classes, programs, seminars or study toward a desired certificate or degree shall not be denied.

- If prior approval is not obtained, the class, program, seminar or study toward a· desired certificate or degree shall not fall within the scope of this Professional Development Incentive Program.

- Upon obtaining a copy of the certificate or degree, payment will be processed for the specified incentive. Professional development incentives shall not be granted prior to receiving a copy of the degree or certificate.

The following are not eligible for consideration under this Section:

- Any driver's licenses

- Certificates, licenses, or degrees required for the position the employee holds

- Certificates, licenses, or degrees earned at the expense of the City including City sponsored training programs and consortium training programs except for approved tuition reimbursement pursuant to Section 8.10 (D) and (E) of the City of Hollister Personnel Rules & Regulations for Associate degrees, Bachelor's degrees, Master's degrees, and Ph.D. degrees.

J. PROFESSIONAL CERTIFICATE PAY

The Executive Management members who possess and maintains a Professional Certificate up to a maximum of three (3) shall be entitled to Certification Pay in the amount of Three Percent of salary based upon the obtaining of and maintaining the Certificate. The Certificate must pertain to the member's position and shall remain subject to the needs and requirements of the City. Contracted Employees are not eligible for the Professional Certificate Pay under this Section.

16 Examples of Professional Certificates are:

Police - Intermediate, Advance, Supervisory, Management and Executive Information Systems - Microsoft, Computer Networking, Network Security Certifications

Development Services - QSD, CECD Management Services - Cross Connection

Management Services - Cross Connection

K. TUITION REIMBURSEMENT

Executive Management Employees are eligible to participate in the City's Tuition Reimbursement Program, which provides reimbursement of up to four thousand five hundred ($4,500) per employee per year of expenses incurred in job related educational programs which are approved by the City Manager.

A Tuition Reimbursement Advancement Program would allow Executive Management Employees who are in good standing, have completed their probationary period and has received approval form the City Manager to have amounts in excess of the four thousand five hundred ($4,500) in one year.

The program would require the employee to enter into an employment contract with the city.

The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.

Example: an employee has tuition and book cost of nine thousand dollars ($9,000) to finish his/her Bachelor's degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, nine thousand dollars ($9,000) is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer employee leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.

L. DEFERRED COMPENSATION PLAN

The City shall continue to provide a voluntary Deferred Compensation Plan for all employees of this unit for the term of this Salary and Benefits Plan.

M. BILINGUAL ALLOWANCE

Employees who perform technical bilingual skills (reading, writing and oral translation) for the benefit of the City on a regular and ongoing basis and who successfully pass City administered proficiency test shall receive an allowance based on the level(s) of bilingual competency listed below.

Level I - Oral Translation

17 Employees who perform technical bilingual skills (reading, writing, translation) and who successfully pass a City-administered proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.

Level II - Written Translation

For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($125.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department's need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.

Employees who become eligible for Level II will be required to serve as an oral translator and/or provide written translation in the course of the employee's duties on a regular and on going basis, per the City's needs. These employees may be called upon by other departments on an as need basis.

Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, informational brochures, inserts in city utility billings, social medial, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.

Police Chief and Police Captain classifications shall receive an additional $50.00 per month for each level: Level I at $225.00 per month and Level II at $175.00 per month.

N. DRUG FREE WORKPLACE POLICY

The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92 - 116 (August 3, 1992), is incorporated by reference into this Salary and Benefits Plan.

O. MILEAGE REIMBURSEMENT/VEHICLES

1. The City shall reimburse all eligible unit members for mileage driven in their personal vehicles while conducting City Business at the rate specified by the Internal Revenue Service. Claims for such reimbursement must be submitted on the proper City form and approve by the city before payment can be made.

2. Vehicle Use (Emergency Response – City Manager, Police Chief, Police Captain, Fire Chief, Fire Division Chief, and Information Systems & Technology Director) - Executive Management Employees, that have a vehicle assigned to the position, and such vehicle is equipped with emergency lights, siren and/ or tools or equipment essential to the work of that position and who's job description requires that employee to respond at times after hours and be subject to be "On Call", and respond to emergency situations, i.e., Crime investigations/Public Safety or computer network/ communication outage service calls, without further compensation for the afterhours response shall be allowed to take assigned vehicle home as long as such employee lives within a one-hour response time radius of the City. City will provide for fuel and vehicle maintenance.

18 P. JURY DUTY AND SUBPOENAED WITNESS

Any eligible employee of this unit shall be allowed to take leave from his/her City Duties without loss of wages, leave time or other benefits for the purpose of responding to jury selection or serving on a jury for which he/ she has been selected, subject to the limitation that an employee receive paid leave for jury duty not more than once per calendar year. In the case of serving on a jury more than one time during a year, the employee has the option of using leave time to mitigate loss of pay. No employee shall suffer loss of wages or other benefits responding to a subpoena to testify in court on behalf of the City.

Q. LONGEVITY PAY

A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service. Contracted Employees are not eligible for the Longevity Pay under this Section:

NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
10 – 14 Years Three Percent (3%) of Base Salary
15 – 19 Years Six Percent (6%) of Base Salary
20 or more years Nine Percent (9%) of Base Salary

Police Chief and Police Captain classifications shall use the following formula for longevity pay:

NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
5-9 years Three percent (3%) of base pay 10-14 years Six percent (6%) of base pay 15-19 years Nine percent (9%) of base pay 20 or more years Twelve percent (12%) of base pay

R. EVENT PAY

Any Executive Management Employee who is required to work a special event (i.e. Rally, Public Safety Strike Force Teams, HazMat Day, OTS Grant etc.) or any disaster with City Manager's approval will be compensated $500.00 per day.

S. SAFETY EQUIPMENT

The City agrees to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/ or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.

19 T. TERM

The term of this Salary and Benefits Plan shall commence on July 1, 2023August 20, 2024.

20 ATTACHMENT A:

Executive Management Unit Salary Schedule
(Biweekly Base Salary)

CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ADMIN SERVICES DIRECTOR $ 6,700.43 $ 7,053.08 $ 7,405.74 $ 7,776.02 $ 8,164.82 AIRPORT DIRECTOR $ 5,292.29 $ 5,556.91 $ 5,834.75 $ 6,126.49 $ 6,432.82 AIRPORT MANAGER $ 3,717.90 $ 3,903.79 $ 4,098.98 $ 4,303.93 $ 4,519.13 ASSISTANT CITY MANAGER $ 7,156.48 $ 7,533.14 $ 7,929.62 $ 8,326.10 $ 8,742.40 ASSISTANT IT DIRECTOR $ 5,796.69 $ 6,101.78 $ 6,422.93 $ 6,760.98 $ 7,099.03 BUILDING OFFICIAL $ 4,825.09 $ 5,066.34 $ 5,319.66 $ 5,585.64 $ 5,864.92 CITY CLERK $ 4,963.54 $ 5,224.78 $ 5,499.77 $ 5,789.23 $ 6,078.69 CITY ENGINEER $ 6,365.41 $ 6,700.43 $ 7,053.08 $ 7,405.74 $ 7,776.02 CITY MANAGER - - - - $ 10,576.92
DEVELOPMENT SERVICES DIRECTOR $ 6,604.61 $ 6,934.84 $ 7,281.58 $ 7,645.66 $ 8,027.94 DIVISION FIRE CHIEF / FIRE MARSHALL $ 5,532.89 $ 5,809.54 $ 6,100.01 $ 6,405.01 $ 6,725.27 FIRE CHIEF $ 6,859.87 $ 7,220.91 $ 7,581.96 $ 7,961.05 $ 8,359.11 HUMAN RESOURCES MANAGER $ 4,684.54 $ 4,918.77 $ 5,164.71 $ 5,422.94 $ 5,694.09 INFORMATION SYSTEMS MANAGER $ 5,532.89 $ 5,809.54 $ 6,100.01 $ 6,405.01 $ 6,725.27 IT DIRECTOR $ 7,245.87 $ 7,627.23 $ 8,028.66 $ 8,451.22 $ 8,873.78 PARKS & RECREATION DIRECTOR $ 6,604.61 $ 6,934.84 $ 7,281.58 $ 7,645.66 $ 8,027.94 POLICE CAPTAIN $ 5,802.79 $ 6,092.93 $ 6,397.58 $ 6,717.45 $ 7,053.33 POLICE CHIEF $ 7,744.35 $ 8,151.95 $ 8,581.00 $ 9,032.63 $ 9,484.26 PROGRAM MANAGER $ 4,461.48 $ 4,684.55 $ 4,918.78 $ 5,164.72 $ 5,422.95 PUBLIC WORKS DIRECTOR $ 7,299.93 $ 7,664.93 $ 8,048.18 $ 8,450.59 $ 8,873.12 UTILITY MANAGER $ 5,292.29 $ 5,556.91 $ 5,834.75 $ 6,126.49 $ 6,432.82

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21 New Executive Management Unit Salary Schedule

CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
ADMIN SERVICES DIRECTOR $6,834.44 $7,194.14 $7,553.85 $7,931.54 $8,328.12 AIRPORT DIRECTOR $5,398.14 $5,668.05 $5,951.45 $6,249.02 $6,561.48 AIRPORT MANAGER $3,792.26 $3,981.87 $4,180.96 $4,390.01 $4,609.51 ASSISTANT CITY MANAGER $7,299.61 $7,683.80 $8,088.21 $8,492.62 $8,917.25 ASSISTANT IT DIRECTOR $5,912.62 $6,223.82 $6,551.39 $6,896.20 $7,241.01 BUILDING OFFICIAL $4,921.59 $5,167.67 $5,426.05 $5,697.35 $5,982.22 CITY CLERK $5,062.81 $5,329.28 $5,609.77 $5,905.01 $6,200.26 CITY ENGINEER $6,492.72 $6,834.44 $7,194.14 $7,553.85 $7,931.54 CITY MANAGER $10,788.46

DEVELOPMENT SERVICES
DIRECTOR $6,736.70 $7,073.54 $7,427.21 $7,798.57 $8,188.50

DIVISION FIRE CHIEF / FIRE
MARSHALL $5,643.55 $5,925.73 $6,222.01 $6,533.11 $6,859.78 FIRE CHIEF $6,997.07 $7,365.33 $7,733.60 $8,120.27 $8,526.29 HUMAN RESOURCES MANAGER $4,778.23 $5,017.15 $5,268.00 $5,531.40 $5,807.97

INFORMATION SYSTEMS
MANAGER $5,643.55 $5,925.73 $6,222.01 $6,533.11 $6,859.78 IT DIRECTOR $7,390.79 $7,779.77 $8,189.23 $8,620.24 $9,051.26

PARKS & RECREATION
DIRECTOR $6,736.70 $7,073.54 $7,427.21 $7,798.57 $8,188.50 POLICE CAPTAIN $5,918.85 $6,214.79 $6,525.53 $6,851.80 $7,194.40 POLICE CHIEF $7,899.24 $8,314.99 $8,752.62 $9,213.28 $9,673.95 PROGRAM MANAGER $4,550.71 $4,778.24 $5,017.16 $5,268.01 $5,531.41 PUBLIC WORKS DIRECTOR $7,445.93 $7,818.23 $8,209.14 $8,619.60 $9,050.58 UTILITY MANAGER $5,398.14 $5,668.05 $5,951.45 $6,249.02 $6,561.48

Formatted Table

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Community Development-2024-04

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 56 (PUBLIC FACILITIES SERVICES)

DEPARTMENT: Development Services
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt a resolution approving the annexation of Everglen Subdivision into CFD#4

DISCUSSION: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined and creative solution to providing public improvement maintenance services for development projects. The Everglen Subdivision will be included in Community Facility District No. 4 under this streamlined process. This is the 56th project to be annexed to CFD No. 4 since its creation in 2014.

The Everglen Subdivision was approved by the planning commission with a condition of approval that the developer consents to include the project in the City’s CFD No. 4. The final map that will be recorded for the project includes an owner’s consen t statement with regard to their participation with the CFD No. 4. The developer/owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. On July 1, 2025 and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION:
9/22/2022 - Planning Commission approved Tentative Map 2021-4 (PC Resolution 2022-17) and CUP 2022-1 for a Planned Unit Development (PC Resolution 2022-18) for the project.

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution approving the boundary and annexation

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE EVERGLEN

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 56
(PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, the City has received a consent and waiver from __________________, which constitutes a portion of the future annexation area, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexatio n of the Everglen Subdivision into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Everglen Subdivision” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Everglen Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 2024-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the proposed Everglen Subdivision boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the Everglen Subdivision will not result in any change to the special tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Everglen Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the Everglen Subdivision for the annexation of Territory into Community Facilities District No. 4, Annexation No. 56 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Community Development-2024-05

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 24 (POLICE AND FIRE SERVICES)

DEPARTMENT: Development Services
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt a resolution approving the annexation of Everglen Subdivision into CFD#5

DISCUSSION: On June 18, 2018 the Council of the City of Hollister passed, approved and adopted Resolution No. 2018-197, establishing the formation of Community Facilities District No. 5 (“CFD No. 5” or the “District”). Per the Resolution of Formation of CFD No. 5, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District are described as follows:

Police protection services to protect and safeguard life and property and fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression and police equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both, to the extent that they are in addition to those provided in the territory of the District before the District was created.

In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Community Facilities District (CFD) at special tax rates sufficient to fund maintenance to the annexed area and with the unanimous approval of property owners in the area to be annexed. This change introduced an economical, streamlined and creative solution to providing public services for development projects, particularly small ones. The Everglen Subdivision will be annexed under this streamlined process.

The Everglen Subdivision was reviewed and approved by the planning commission with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 5. The final map that will be recorded includes an owner’s consent statement with regard to their participation with the Community Facilities District No. 5 The developer / owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 5, and the special taxes collected by CFD No. 5 will pay for Police and Fire Services for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may b e different. The maximum Special Tax for Fiscal Year 2024-25 for all parcels of developed property

which may be levied is $964.22 per single family unit and $790.04 per multifamily unit.

On July 1, 2025 and each July 1 thereafter, the maximum special tax f or Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION:
9/22/2022 - Planning Commission approved Tentative Map 2021 -4 (PC Resolution 2022-17) and CUP 2022-1 for a Planned Unit Development (PC Resolution 2022-18) for the project.

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution approving the boundary and annexation

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE EVERGLEN

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 24
(POLICE AND FIRE SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 5 (Police and Fire Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (“the Future Annexation Area”) to the district pursuant to the terms and provisions of the Act; and

WHEREAS, The City has received a consent and waiver from , which constitutes a portion of the future annexation areas, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the Everglen Subdivision into the district under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Everglen Subdivision” to Community Facilities District No. 5 of the City of Hollister (Police and Fire Services) which map indicates by a boundary line the extent of the territory included in Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Everglen Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 2024-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the proposed Everglen Subdivision. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of th e Everglen Subdivision will not result in any change to the special tax rates levied in the district prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Everglen Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, by the City Council of the City of Hollister approving the proposed boundary of the Everglen Subdivision for the annexation of Territory into Community Facilities District No. 5, Annexation No. 24.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Public Works-2024-20

AGENDA ITEM: A RESOLUTION APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT NO. 365, EVERGLEN SUBDIVISION

AND AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR THE

IMPROVEMENT WITH KB HOMES SOUTHBAY, INC

DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Dillon Albert, Assistant Engineer

RECOMMENDED ACTION: Adopt a resolution approving the Subdivision Improvement Agreement for the Everglen Subdivision, Tract No. 365, and authorizing execution of the agreement for the improvements with KB Homes Southbay, Inc.

DISCUSSION: The Everglen Subdivision is a conditionally approved development for the purpose of constructing 82 single family residential units and 3 additional lots for an existing home, storm water treatment, and park dedication. The development is located east of North Chappell Road and north of Primavera Drive, in the City of Hollister. The interior roads of the development are private, and will include public infrastructure such as water, sewer, and storm drain. A Subdivision Improvement Agreement has been prepared to ensure the completion of the public improvements for this subdivision.

The Final Map has been reviewed by staff and was found to be substantially complete, and in substantial conformance with the approved Tentative Map. The Tentative Map was approved by the City of Hollister Planning Commission on September 22, 2022, per Resolution 2022-17.

There were no appeals by either the applicant or other interested parties. Section 66474.1 of the Subdivision Map Act states that “A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map”.

As such, staff recommends approval of the Subdivision Improvement Agreement and Final Map.

FISCAL IMPACT: Engineering & Inspection Fees and Map Checking Fees will be collected prior to the recordation of the final map. Additional impact fees will be collected at the time of Building Permit issuance or final occupancy for each property within the subdivision.

PREVIOUS COUNCIL OR COMMISSION ACTION: PC Resolution 2022-17.

CEQA: The project was determined to not have a significant effect on the environment pursuant to CEQA, per Planning Commission Resolution 2022-17 findings.

ATTACHMENTS:

1. Resolution – SIA_Everglen

2. PC Resolution 2022-17_TM 2021-4_PAD Investment Trust_Everglen

3. Signed SIA Everglen

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
EVERGLEN SUBDIVISION, TRACT NO. 365 AND AUTHORIZING

EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH KB
HOMES SOUTHBAY, INC.

WHEREAS, the City of Hollister Planning Commission Resolution No. 2022-17 approved the Tentative Map for the Everglen Subdivision on September 22, 2022; and

WHEREAS, no appeals were filed during the appeal period; and

WHEREAS, the Final Map is technically correct; and

WHEREAS, the City Engineer/Surveyor finds that the final map is in substantial conformance with the Tentative Map and any approved alterations thereof , and that all provisions of the Subdivision Map Act and the City of Ho llister’s Municipal Code Section

16.40 for Final Maps applicable at the time of the approval of the Tentative Map have been complied with, which are included within the Subdivision Improvement Agreement ; and

WHEREAS, KB Homes Southbay, Inc. must enter into an improvement agreement with the City prior to the map recording to ensure completion of the improvements required by the Tentative Map.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Subdivision Improvement Agreement for the improvement of Everglen Subdivision, Tract No. 365, the Final Map, and authorizes and directs the City Manager, for and on behalf of the City of Hollister, and as its act and deed, to execute the Subdivision Improvement Agreement for the improvements.

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 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 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Revised: February 21, 2024

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)

CITY OF HOLLISTER )
375 Fifth Street )
Hollister, California 95023 )
Attention: City Clerk ) )
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.

SUBDIVISION IMPROVEMENT AGREEMENT

THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into on this 20th day of August, 2024 (the “Effective Date”) by and between KB Homes South Bay, Inc.(“Developer”), and the CITY OF HOLLISTER, a California municipal corporation (“City”) (collectively, the “Parties”).

R E C I T A L S

A. Developer is the owner of that certain real property located east of North Chappell Road, North of Primavera Drive, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Number 051-230-005, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”). Developer has submitted an application to the City for the development of a Subdivision Map to subdivide 13.79 acre parcel into 85 total lots, including 82 lots for single family residential units and 3 additional lot for an existing home, storm water treatment, and park dedication. (the “Project”).

B. The Project is subject to all mitigation measures, conditions of approval, and requirements set forth in paragraphs C and D herein below (“Conditions”) adopted by Resolutions of the City Council and Planning Commission of the City of Hollister for the development of the Project.

C. On September 22, 2022, the Planning Commission of the City of Hollister adopted Resolution No. PC 2022-17, approving Tentative Map No. 2021-4, prepared by HMH Engineering subject to certain conditions of approval.

D. On September 22, 2022, the Planning Commission of the City of Hollister adopted Resolution No. PC 2022-18, approving Conditional Use Permit No. 2021-01, for a Planned Unit Development to subdivide a 13.79-acre parcel into 85 total lots, including 82 Single Family Residential lots and 3 additional lots for an existing home, storm water treatment, and park dedication.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Community Development-2024-06

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF WILLOW LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 57 (PUBLIC FACILITIES SERVICES)

DEPARTMENT: Development Services
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#4

DISCUSSION: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined and creative solution to providing public improvement maintenance services for development projects. The Willow Landing Subdivision will be included in Community Facility District No. 4 under this streamlined process. This is the 57th project to be annexed to CFD No. 4 since its creation in 2014.

The Willow Landing Subdivision was approved by the planning commission with a condition of approval that the developer consents to include the project in the City’s CFD No. 4. The final map that will be recorded for the project includes an owner’s consent statement with regard to their participation with the CFD No. 4. The developer/owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. On July 1, 2025 and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION:
10/28/2021 - Planning Commission approved Tentative Map 2021 -2 (PC Resolution 2021-32), CUP 2021-8 for a Planned Unit Development (PC Resolution 2021-33), and S&A 2021-8 (PC Resolution 2021-34) for the project.

12/21/2023 – Planning Commission approved PC Resolution 2023 -38 approving a one- year extension for the project.

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution approving the boundary and annexation

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE WILLOW

LANDING SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 57
(PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, the City has received a consent and waiver from __________________, which constitutes a portion of the future annexation area, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexatio n of the Willow Landing Subdivision into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Willow Landing Subdivision” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Willow Landing Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 2024-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the proposed Willow Landing Subdivision boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the Willow Landing Subdivision will not result in any change to the special tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Willow Landing Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the Willow Landing Subdivision for the annexation of Territory into Community Facilities District No. 4, Annexation No. 57 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Community Development-2024-07

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF WILLOW LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 25 (POLICE AND FIRE SERVICES)

DEPARTMENT: Development Services
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Eva Kelly, Planning Manager

RECOMMENDED ACTION: Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#5.

DISCUSSION: On June 18, 2018 the Council of the City of Hollister passed, approved and adopted Resolution No. 2018-197, establishing the formation of Community Facilities District No. 5 (“CFD No. 5” or the “District”). Per the Resolution of Formation of CFD No. 5, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District are described as follows:

Police protection services to protect and safeguard life and property and fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression and police equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both, to the extent that they are in addition to those provided in the territory of the District before the District was created.

In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Community Facilities District (CFD) at special tax rates sufficient to fund maintenance to the annexed area and with the unanimous approval of property owners in the area to be annexed. This change introduced an economical, streamlined and creative solution to providing public services for development projects, particularly small ones. The Willow Landing Subdivision will be annexed under this streamlined process.

The Willow Landing Subdivision was reviewed and approved by the planning commission with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 5. The final map that will be recorded includes an owner’s consent statement with regard to their participation with the Community Facilities District No. 5 The developer / owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 5, and the special taxes collected by CFD No. 5 will pay for Police and Fire Services for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may b e different. The maximum Special Tax for Fiscal Year 2024-25 for all parcels of developed property

which may be levied is $964.22 per single family unit and $790.04 per multifamily unit.

On July 1, 2025 and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION:
9/22/2022 - Planning Commission approved Tentative Map 2021-4 (PC Resolution 2022-17) and CUP 2022-1 for a Planned Unit Development (PC Resolution 2022-18) for the project.

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution approving the boundary and annexation

2. CFD 5 Annexation Documents – Willow Landing Subdivision

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE WILLOW

LANDING SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 25
(POLICE AND FIRE SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 5 (Police and Fire Services) (the “District”) pursuant to the California Gove rnment Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (“the Future Annexation Area”) to the district pursuant to the terms and provisions of the Act; and

WHEREAS, The City has received a consent and waiver from , which constitutes a portion of the future annexation areas, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the Willow Landing Subdivision into the district under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Willow Landing Subdivision” to Community Facilities District No. 5 of the City of Hollister (Police and Fire Services) which map indicates by a boundary line the extent of the territory included in Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Willow Landing Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 2024-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the proposed Willow Landing Subdivision. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the Willow Landing Subdivision will not result in any change to the special tax rates levied in the district prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Willow Landing Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, by the City Council of the City of Hollister approving the proposed boundary of the Willow Landing Subdivision for the annexation of Territory into Community Facilities District No. 5, Annexation No. 25.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Public Works-2024-22

AGENDA ITEM: A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 360, WILLOW LANDING SUBDIVISION AND

AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH ROSATI – HOLLISTER, L.P., A DELAWARE LIMITED PARTNERSHIP

DEPARTMENT: Public Works
DEPARTMENT HEAD: Wiliam Via, Public Works Director
STAFF CONTACT: Dillon Albert, Assistant Engineer

RECOMMENDED ACTION: Adopt a resolution approving the Subdivision Improvement Agreement for the Willow Landing Subdivision, Tract No. 360, and authorizing execution of the agreement for the improvements with Rosati – Hollister, L.P., a Delaware limited partnership.

DISCUSSION: The Willow Landing Subdivision is a conditionally approved development for the purpose of constructing 116 single family residential units, 28 duet lots, and 2 additional lots for park dedication and school staff parking. The development is located north of Meridian Street, south of Santa Ana Road, and east of Marguerite Maze Middle School, in the City of Hollister. The interior roads of the development are public, and will include public infrastructure such as water, sewer, and storm drain. A Subdivision Improvement Agreement has been prepared to ensure the completion of the public improvements for this subdivision.

The Final Map has been reviewed by staff and was found to be substantially complete, and in substantial conformance with the approved Tentative Map. The Tentative Map was approved by the City of Hollister Planning Commission on October 28, 2021, per Resolution 2021-32. There were no appeals by either the applicant or other interested parties. Section 66474.1 of the Subdivision Map Act states that “A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map”.

As such, staff recommends approval of the Subdivision Improvement Agreement and Final Map.

FISCAL IMPACT: Engineering & Inspection Fees and Map Checking Fees will be collected prior to the recordation of the final map. Additional impact fees will be collected at the time of Building Permit issuance or final occupancy for each property within the subdivision.

PREVIOUS COUNCIL OR COMMISSION ACTION: PC Resolution 2021-32.

CEQA: Planning Commission Resolution 2021-32 incorporates the applicable requirements of the Mitigation Monitoring and Reporting Program for Prezone Application

2018-1, and issuance of building permit operations. The Mitigated Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and the City CEQA process.

ATTACHMENTS:

1. Resolution – SIA_Willow Landing

2. PC Resolution 2021-32_TM 2021-2_Avalon Village (Willow Landing)

3. Willow Landing SIA_Final_Signed by Owner

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
WILLOW LANDING SUBDIVISION, TRACT NO. 360 AND AUTHORIZING

EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH
ROSATI – HOLLISTER, L.P., A DELAWARE LIMITED PARTNERSHIP.

WHEREAS, the City of Hollister Planning Commission Resolution No. 2021-32 approved the Tentative Map for the Willow Landing Subdivision on October 28, 2021; and

WHEREAS, no appeals were filed during the appeal period; and

WHEREAS, the Final Map is technically correct; and

WHEREAS, the City Engineer/Surveyor finds that the final map is in substantial conformance with the Tentative Map and any approved alterations thereof , and that all provisions of the Subdivision Map Act and the City of Hollister’s Municipal Code Section

16.40 for Final Maps applicable at the time of the approval of the Tentative Map have been complied with, which are included within the Subdivision Improvement Agreement ; and

WHEREAS, Rosati – Hollister, L.P., a Delaware limited partnership, must enter into an improvement agreement with the City prior to the map recording to ensure completion of the improvements required by the Tentative Map.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Subdivision Improvement Agreement for the improvement of Willow Landing Subdivision, Tract No. 360, the Final Map, and authorizes and directs the City Manager, for and on behalf of the City of Hollister, and as its act and deed, to execute the Subdivision Improvement Agreement for the improvements .

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 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 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

PLANNING COMMISSION RESOLUTION NO. 2021-32

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER APPROVING VESTING TENTATIVE MAP 2021-2 TO SUBDIVIDE A 23.51-ACRE PARCEL INTO 116 SINGLE FAMILY LOTS AND 28 DUET LOTS WITHIN THE

MEDIUM DENSITY RESIDENTIAL PERFORMANCE OVERLAY ZONING

DISTRICT LOCATED NORTH OF MERIDIAN STREET, SOUTH OF SANTA ANA

ROAD, AND WEST OF MARGUERITE MAZE MIDDLE SCHOOL
(HPG HOLLISTER DEVELOPMENT, LLC)
APN 019-310-002
WHEREAS, under the provisions of Section 16 .36 of Title 16 Subdivisions of the City of Hollister Municipal Code, the Planning Commission is charged with receiving, investigating, and taking action on Major Subdivision applications; and,
WHEREAS, HPG Hollister Development LLC ("the applicant") has submitted an application for Vesting Tentative Map 2021-2 to subdivide 23 .51-acre parcel into 116 single family lots and 28 duet lots in conjunction with an application for Conditional Use Permit 2021- 8 for a Planned Unit Development and Site & Architectural Review 2021-8 for the construction of 28 duet (single family attached) units, located north of Meridian Street, south of Santa Ana Road, and west of Marguerite Maze Middle School, further identified as San Benito County Assessor Parcel Number O 19-310-002; and,
WHEREAS, the City Planning Division received the applicant's plans and forwarded the request to the Development Review Committee to assess the proposal for compliance with all relevant regulations; and,
WHEREAS, the City of Hollister prepared a Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) during the prezoning process of the property identified as San Benito County Assessor Parcel Number (APN) 019-310-002, per Prezone Application 2018-1, which contemplated the environmental effects that would occur from development associated with the property; and,
WHEREAS, the Planning Commission at a duly noticed public hearing of August 22, 2019 considered the Mitigated Negative Declaration, related Mitigation Monitoring and Reporting Program, and Prezone Application 2018-1; and, WHEREAS, the Planning Commission at said public hearing made recommendations to the City Council to adopt the Mitigated Negative Declaration and adopt the Mitigation Monitoring and Reporting Program for the property identified as APN 019-310-002; and, WHEREAS, the Planning Commission at said meeting also recommended that the City Council prezone the property identified as APN O 19-310-002 to the Medium Density Residential Performance Overlay Zoning District; and,

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WHEREAS, on November 18, 2019 the City Council approved Resolution 2019-249 to adopt the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and also held a duly noticed public hearing for the first reading of Ordinance 1185 for Prezone Application 2018-1 for the property identified as APN O 19-310-002; and, WHEREAS, following a public hearing held at a regular meeting on November 18, 2019 to introduce Ordinance 1185, the City Council adopted Ordinance 1185 at a regular meeting of December 2, 2019 prezoning the property identified as APN 019-310-002 to Medium Density Residential Performance Overlay; and,
WHEREAS, following a public hearing held on May 13, 2021 the San Benito County Local Agency Formation Commission approved the annexation of the property identified as San Benito County Assessor Parcel Number O 19-310-002 into the corporate limits of the City of Hollister; and,
WHEREAS, the Development Review Committee considerations were presented to the Planning Commission as part of the City staff report; and, WHEREAS, the Planning Commission held a duly noticed public hearing on October 28, 2021 to consider Vesting Tentative Map 2021-2, review the City staff report, and receive written and oral testimony for and against the proposal; and, WHEREAS, after closing the public hearing, the Planning Commission deliberated and determined to grant the applicant's request in accordance with Section 16.36.070 of the City of Hollister Municipal Code, and based on the facts as presented, and the code requirements as plainly stated; and,
NOW, THEREFORE IT IS RESOLVED, that the proposed application for Vesting Tentative Map 2021-2 is hereby approved with the following findings and conditions:

CEQA FINDINGS:

1. The Resolution incorporates the applicable requirements of the Mitigation Monitoring and Reporting Program for Prezone Application 2018-1, and issuance of building permit operations.

2. The Mitigated Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and the City CEQA process .

THE PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS:

1. That it has reviewed and considered the information contained in the report and the whole record of those proceedings. The documents and other materials that constitute the record of proceedings on which the City's determinations are based are located at the City of

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Hollister Development Services Department, Planning Division, 339 Fifth Street, Hollister, CA 95023.

SUBDIVISION FINDINGS:

1. Finding: The project as proposed is consistent with the City of Hollister General Plan.

Evidence: The project site has a land use designation of Medium Density Residential in the Hollister General Plan. The subdivision net density is 9. 8 dwelling units per acre, which is consistent with the density allowed by the land use designation of eight to twelve units per net acre.

2. Finding: The project meets the criteria of the City Zoning Ordinance and the City Subdivision Ordinance.

Evidence: The subdivision, as submitted and subject to compliance with the adopted mitigation measures and recommended conditions of approval, demonstrates that the application is compliant with all chapters of the City of Hollister Zoning and Subdivision Ordinances. The applicant has submitted in conjunction with this request, and application for Conditional Use Permit 2021-8 for a Planned Unit Development to modify the standard setback requirements of the Medium Density Residential Zoning District as permitted by Section 17.14. OJ O Residential Performance Overlay Zoning District, and an application for Site & Architectural Review 2021-8 for the construction of 28 duet (single family attached) units.

3. Finding: The design of the subdivision proposed by the Vesting Tentative Map will not cause substantial environmental damage or result in any significant environmental effects .

Evidence: As indicated in Resolution 2019-249 approved by the City Council on December 2, 2019 adopting the Mitigated Negative Declaration for the subject property, development of the project site will result in several potentially significant environmental impacts, but those impacts have been mitigated by appropriate mitigation measures and the proposed conditions of approval. This resolution incorporates the applicable requirements of the Mitigation Monitoring and Reporting Program for the project and issuance of building permit and operations. The Mitigated Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and the City CEQA process.

4. Finding: The proposed project will not be detrimental to the health, safety and welfare of persons residing or working in the neighborhood or to the general welfare of the City.

Evidence: The evidence supports this finding as represented by the development plans, City prepared staff report, and the proposed conditions of approval.

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CONDITIONS OF APPROVAL

1. This application approval is for Vesting Tentative Map 2021-2 submitted by HPG Hollister Development, LLC as represented by the plans submitted September 22, 2021.

This approved expires on October 28, 2023, unless the City grants an extension or an extension is granted under a provision of the Subdivision Map Act. For an efficient plan review period, the applicant shall submit a final map package for review to the City Engineer no later than April 28, 2023. This should allow sufficient review time to process the final map for recordation, prior to the expiration date of October 28, 2023. The final map must substantially comply with the approved Vesting Tentative Map and conditions of approval. Failure to obtain an extension by the applicant either per an automatic extension of the Subdivision Map Act or by the City of Hollister shall result in the expiration of the Vesting Tentative Map. The Final Map shall be recorded prior to the expiration of the Vesting Tentative Map. Prior to the expiration of the Vesting Tentative Map, the applicant shall enter into a Subdivision Improvement Agreement with the City of Hollister and record the Final Map. Any request for extension must be submitted 30- days prior to the date of expiration.

2. The applicant shall defend, indemnify and hold harmless the City of Hollister, any agent, officer, or employee of the City, and any advisory board of the City, against any claim, suit, action, judgement, costs and attorney's fees arising out of this approval or any assertions that this approval, including the environmental determinations made herein, is invalid, illegal, unconstitutional or otherwise contrary to law. The City shall promptly notify the applicant of any claim against the City and shall cooperate fully in the defense.

3. No entitlements that rely upon this approval shall be granted during the 15-day appeal period. In the case of an appeal being filed, no entitlements shall be granted until final action is taken on the appeal.

4. Prior to issuance of a building permit, the applicant shall not be in violation of the City of Hollister Municipal Code involving the project site. More specifically, Chapter 1.16 Section 1.16.100 Refusal to issue permits, licenses or other entitlements states "No department, commission or public employee of the city which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements where there is an outstanding violation involving the property upon which there is a pending application for such permit, license or other entitlement."

5. Water Efficient Landscape: Prior to building permit issuance, the applicant shall receive approval for water efficient landscape plans for the front yards of the lots, park areas, lots dedicated as open space easements for storm water retention/infiltration, and any park strips and landscaping along sound walls pursuant to Chapter 15.22 Water Efficient Landscape of the Hollister Municipal Code.

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ENGINEERING & COMMUNITY SERVICES

6. All improvements required shall be designed in accordance with City Design Standards and constructed in accordance with the City of Hollister Standard Plans and Specifications and receive approval by the City of Hollister Engineering Department. All applicable codes and ordinances, along with the recommendations of the City Engineer and any required Geological Investigation, are to be adhered to, and all required fees shall be paid .

7. The final map shall be required to indicate all public and private rights-of-way for streets including a 10 ft. minimum P.U.E. as deemed necessary by the City Engineering Department as well as a one-foot non-vehicular access strip along all street terminating at the project boundary and at any property phase line.

8. The final map shall be required to indicate all public and private easements necessary to serve the subdivision. These easements shall include the following: utility, water, sewer, telephone, storm drainage, fiber optic conduit, cable, T.V., tree planting and maintenance.

9. The developer shall submit a final map package for review and approval by the City Engineer and City Council for the subdivision. The submittal shall be in complete form and accompanied by the traverse sheets, map checking fees and all other items required by Hollister Municipal Code Chapter 16.

10. Water Supply: Prior to filing of the final map for this project, the developer or applicant shall provide to the city proof that adequate water services exist to serve the project.

Proof shall consist of documentation of sufficient water supply for domestic and fire suppression use. Further, the applicant or developer shall hold the City harmless in the event that services are not available prior to the filing of the final map or for the withholding of any building permit or withholding of any other public services or utilities as they relate to water availability.

11. Prior to filing of the finals map and Subdivision Improvement Agreement, all material necessary to present the subdivision to the City Council shall be submitted to the City Engineer at least two weeks prior to the Council meeting . The material shall be submitted in a form satisfactory to the City Engineer.

12. The developer shall submit three prints of the approved tentative map to each of the following utilities: PG&E, Pacific Bell, AT&T, and Charter Cable. The developer shall subsequently provide the City Engineer with each utility's easement needs as part of the initial submittal.

13. The developer shall dedicate, improve, and guarantee by bond full rights-of-way for the following road improvements as shown on the approved tentative map, including street lighting and street trees; all underground utilities including, but not limited to, sanitary and storm sewers, gas, electrical, telephone, cable TV, fiber optic conduits, and water

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lines; and all other improvements necessary to bring the proposed right-of-ways into full conformance with all applicable City standards. Existing overhead utilities shall be under grounded.

14. Public Roads on Tentative Map: The streets as shown on the Tentative Map in their alignments and dimensions shown are to be public roadways designed to City standards.

15. Santa Ana Improvements: As shown of the tentative map, Santa Ana Road to the north of the site shall have frontage road improvements including but not limited to sidewalk, curb, gutter, lighting, undergrounding of any existing overheard utilities, irrigation, and landscaping on the south side of Santa Ana Road, connecting to the existing sidewalk at the school site to the west side of the project and a 4 feet minimum wide sidewalk connecting to the existing sidewalk at Lucero Drive east of the project, as determined by the City Engineer.
16 . Temporary maintenance and operation of utilities: The developer shall be responsible for all maintenance and operation of all utilities and improvements from the time of installation until acceptance of the subdivision improvements.

17. Noise during construction: Construction activities on the project site must employ noise suppression devices and techniques and shall be limited to the hours of 7:00 am to 6:00 pm. Monday through Friday and 8:00 am to 6:00 pm on Saturdays and shall be prohibited on Sundays and federally recognized holidays per Ordinance 1137 of the Hollister Municipal Code. No Construction, Landscape Maintenance, or Grounds Maintenance activities shall occur on federal holidays . Construction equipment and activities shall use noise suppression devices and techniques.

18. Street Names: Prior to recordation of the final map the developer shall submit all proposed private and public street names for the new streets to the City of Hollister Engineering Department for review and approval by the City of Hollister Development Review Committee (DRC) and County Communications. The approved street names shall be included on the final map and improvement plans. Any alterations to the street names may be allowed only after re-submittal of the revised street names to the City Engineering Department for review and approval of the DRC and County Communications .

19. Site Clearance: Prior to receiving issuance of a grading permit, the project site shall be properly cleared of all fences, wells, septic tanks, irrigation pipes, fuel tanks and other structures. Certificates from the County Environmental Health Department shall be provided to the City Engineer for any well or septic tank abandonment, and from the City Fire Department for abandoned fuel tanks.

20. Residential Fencing: Prior to occupancy, residential fencing shall be installed or replaced along the residential boundary, in accordance with City standards. Residential fencing shall be approved by the City Engineering Department and Planning Division

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prior to installation. Residential fencing on interior lots shall comply with the fence standards in the Hollister Municipal Code. Fencing of the subdivision shall be placed along all residential boundaries. Double fencing shall not be allowed.

21. Soils Report: As part of the final map submission, a geotechnical soils report shall be submitted to comply with the current building code in accordance with the provisions of the City Subdivision Ordinance.

22. Construction Stormwater BMP Control Plan (CSCP): Prior to any site development or grading , the applicant shall submit for review and approval by the Engineering Department a CSCP for construction stormwater runoff BMP control measures and shall provide evidence of coverage under the State General Construction Permit. 23 . Post-construction Stormwater Control Plans (SWCP): Prior to any site development or grading, the applicant shall submit a SWCP for review and approval by the Engineering Department. The SWCP shall meet the requirements of the California Regional Water Quality Control Board Central Coast Region, Resolution No . R3-2013- 0032 dated July 12, 2013 (PCRs), entitled Post-Construction Storm Water Management Requirements for Development Projects in the Central Coast Region, as applicable and shall address all required post-construction stormwater runoff BMP control measures, as applicable . The applicant shall submit the SWCP as part of the plan, for City review and approval. The applicant is advised that the Engineer of Record shall inspect and provide certification to the City of Hollister that all stormwater post-construction improvements are properly installed and comply with the approved civil design plans. 24 . Drainage Report: Prior to final map , a drainage report shall be submitted for review and approval by the City Engineer. The drainage report shall include, but is not limited to, depiction of all tributary areas on and to the site and shall provide all information pertinent to the capability of the proposed drainage facilities to handle the expected post- construction storm water management (LID, runoff control and reduction, water quality treatment , etc.), and flood control measures as required for the site. Additionally, the report shall include or incorporate the grading plan, CSCP , SWCP, and landscape plan for the project.

25. Grading and drainage plan : Prior to any site development or grading, the applicant shall submit for review and approval by the Engineering Department a grading plan that complies with Chapter 15.24 "Grading and Best Management Practice Control" and Section 17.16.140 "Stormwater Management" of the Hollister Municipal Code and all subsequent amendments to those codes. Low Impact Development (LID) strategies shall be considered and incorporated as part of site planning and design as appropriately feasible.

26. Storm water and grading permit: Prior to approval of any storm water permit, grading permit or improvement plans , the applicant shall obtain all applicable permits directly associated with the grading activity, including , but not limited to , the State Water Board's

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Construction General Permit, State Water Board 401 Water Quality Certification, U.S.

Army Corps 404 permit, and California Department of Fish and Wildlife 1600 Agreement. Further, the applicant shall provide evidence to the City Engineer that the required permits have been obtained.

27. Solid Waste Diversion Plan: Prior to a building or demolition permit, the developer shall prepare and submit a solid waste diversion plan for review and approval by the Building Department. The diversion plan shall comply with Chapter 15.04.045 of the City of Hollister Municipal Code by establishing criteria and procedures to divert a minimum of 50% of all construction or demolition waste from being disposed at a landfill.
28 . Water line improvements: The water system improvements shall be subject to the review and approval of the Sunnyslope County Water District and shall meet the following requirements :
a . All water system improvements shall be installed in accordance with the Sunnyslope County Water District's standards that are in effect at the time of improvement plan approval.
b . Any offsite waterlines necessary to be installed under proposed pavements shall be installed at the time of the roadway improvements.

29. Improvements Prior to Occupancy: In order to assure adequate access for emergency response vehicles and water supply for fire suppression, the issuance of any build ing permit shall be subject to the requirements of City Council Resolution 95-08, A Resolution of the City Council of the City of Hollister Establishing a Policy Relating to Home Construction in Incomplete Subdivisions or any subsequent policy. No certificate of occupancy shall be issued for any unit prior to the completion of such improvements.

30. Final Occupancy Inspection for residential units: A final occupancy shall not be granted for any residential units unless the Building Inspector can verify the following:
a. The water conditioning system that has been installed is a City-approved system that can be regenerated offsite and will not discharge waste or waste products into the City 's sewage system .
b . Prior to final occupancy of the building, the applicant shall install new Radio Read Meters. For details , contact the Lead Water Operator with the Utilities Division of the Community Services Department at (831) 636-4377. c. The front yard landscaping has been installed in compliance with Water Efficient Landscape requirements.
d. Runoff from roof gutters shall be directed to landscape swales , rain gardens, and shall not be piped directly to gutters or non-permeable paving . e. The development impact fees shall be based on those in effect at the time Vesting Tentative Map 2021-2 was approved (October 28 , 2021). On the date of the final inspection or the date the certificate of occupancy is issued for each residence,

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whichever occurs first, the subdivider must pay all development impact fees due to the City and County.

Development impact fees that apply to the project are listed below:

1. Water Connection (Sunnyslope)

11. Traffic Impact Fee
111. Sewer Facilities Development Impact Fee
1v . Sewer Collection Fee
v. Park Impact Fee
v1. Police impact Fee
v11. Fire Impact Fee
v111. Jail and Juvenile Hall Facilities
ix. Library
For a complete list of all applicable impact fees, please contact the City of Hollister Engineering Department at 831-636-4340. Such list is also made available on our City website, under Engineering Department.

31. School Impact Fee: Unless otherwise required by law, all school impact fees shall be paid at the time of building permit issuance.

32. Developer Fees: Prior to final map approval, the developer shall pay all fees including, but not limited to, fees required by reimbursement agreements, drainage agreements, improvement plan checking and inspection fees, as well as any applicable fees pursuant to the Public Works Master plan.

33. Reduced Pressure Principal (RPP): When the City of Hollister deems it necessary, the applicant shall be required to install an RPP backflow prevention device at their sites which shall meet the following criteria:
a. The RPP shall conform to all A WWA (American Water Works Association) standards and shall be appropriately sized for the specific application on the site. b. The RPP shall be inspected by a certified California-Nevada AWWA Backflow Prevention Assembly General Tester. The Utility Division shall provide a list of acceptable Assembly Testers within the area.
c. The Utility Division shall receive a copy of the initial RPP inspection report. d. Any and all RPP defects shall be immediately repaired or replaced prior to the Utility Division reestablishing water service to the sites. The owner/operators shall have the RPP inspected/tested each year thereafter, with all reports forwarded to the Utility Division.
e . Should the RPP fail to pass any inspection or test, the device shall be immediately repaired or replaced, with all repair and/or replacement reports forwarded to the Utility Division.
f. The RPP shall be installed according to A WW A standards, in regards to concrete padding and surrounding landscape/RPP height requirements.

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g. The RPP shall be installed inside a wire-mesh cage enclosure, preferably green in color, with a hinge on one end and a locking hasp device on the other to prevent vandalism and unauthorized entries.
h. The RPP shall be installed at a site between the City's water meter and the building inside the property line where the RPP can be readily observed and be easily accessible for future inspections.

34. Sewer mains and laterals: Prior to burial, the Engineering Department shall inspect all building laterals, the project's main sanitation collection system, the connection to the City's main sanitary collection system, and the interceptor installation. The owner/developer shall contact the Engineering Department at least 24 hours prior to all necessary inspections.

35. Water mains and services: Prior to connection and burial of services and mains, the Engineering Department shall inspect all water services, mains, meters, and meter boxes.

At the time of the service inspection, a lay length spacer pipe shall be set in place of the meter which shall be drilled with holes that have a minimum diameter of¼", as approved the City inspector. The owner/developer shall contact the Engineering Department at least 24 hours prior to all necessary inspections.

36. Water Valves: The applicant shall place a valve on each leg of a water line tee or cross.

The maximum distance between valves shall be 800 ft.

37. Storm Drain Facilities: Prior to burial or connection of storm drain fallibilities, the Engineering Department shall inspect the installation and connection of such facilities to assure compliance with the City's standards. The owner/developer shall contact the Engineering Department at least 24 hours prior to all necessary inspections

38. Water Meter Applications: The Engineering Department shall process applications for new water meters and meter boxes for irrigation and potable water systems. The owner/developer may contact the Engineering Department (831) 636-4340 for information.

39. Fire Hydrants: Prior to improvement plan and final map approval, the applicant shall coordinate with the Fire Chief at 831-636-4325 for the placement of fire hydrants and provide an approved plan to the Engineering Department.

40. Slurry Seal: Prior to the City's acceptance of the subdivision improvements, the subdivision roads and vicinity roads shall be in a good state of repair as determined by the City Engineering Department. Roads on the project site and vicinity determined not to be in a good state of repair by the City Engineering Department, or that have utility trench cuts, shall be repaired curb to curb by the applicant using Type II slurry seal or by an alternate method approved by the City of Hollister. Upon the overlay, all pavement legends and striping shall be placed and/or redone. Thermoplastic material shall be used for the road markings.

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41. Water Sampling: Prior to final map submittal, the map shall identify a water sampling device for water analysis at opposite ends of the project site to avoid using water hydrants for water analysis. The map shall be submitted to the City of Hollister Development Services Department and placement of the water sampling device on the map and ultimately on the site shall be reviewed and approved by the City of Hollister Utilities Department.

42. On-Site Drainage: The developer shall be responsible to maintain all on-site drainage facilities , including underground chambers, bio-filtration basins and conduit (pipe).

43. Post Construction Requirements: A deed restriction shall be recorded prior to occupancy for all on-site post construction requirements including, but not limited to, bio-filtration basin chambers and pipe. This will guarantee maintenance of drainage features.

44. Encroachment Permit: An encroachment permit shall be issued in addition to the grading permit for the work within the City of Hollister right-of-way or public easements within the property . This includes improvements such as: driveway approaches, water line connection for domestic water or fire services, sewer lateral installations and any other improvements on right-of-way. Encroachment Permits are issued at the Engineering Department located at 339 Fifth Street, in Hollister Ca.

45. County Express: The project area is served by County Express' Dial-a-Ride. As such, prior to issuance of the first building permit within the subdivision, the project applicant shall coordinate bus stop amenities with the San Benito County Council of Governments and the City of Hollister Engineering Department. The bus stop amenities shall be reviewed and approved by the City of Hollister Engineering Department. The applicant shall install the approved amenities prior to final occupancy of the building.

46. Grading and Subdivision Improvement Work: Prior to issuance of a grading permit, applicant shall provide approved surety in the amount of 100% of the Engineers Estimate for Performance surety and Labor and Material surety, pay all applicable fees, provide a work schedule, as well as insurance certificates as required per City Standards and Municipal Code sections 15.24 .120 and 15.24.315.

47. AutoCAD and GIS: An electronic copy of the approved design improvements shall be submitted to the Development Services Department in both AutoCAD and GIS format, prior to recording of the map, as applicable. An electronic copy of the map shall be submitted to the Development Services Department in both AutoCAD and GIS format, prior to the recording of the map, as applicable.

48. Addresses: Prior to building permit issuance, address requests shall be submitted to the Engineering Department along with an AutoCAD file with line work showing the property lines, curb, gutter, and sidewalk.

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49. No buildings , trees, bushes, other structures or materials shall be placed within ten feet (10') of the meters, water lines or sanitary sewer connections and laterals. 50 . All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified visible emissions evaluator. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40 , Part 89 , Subpart B, 89 .112.

51. Hazardous Materials: Prior to the issuance of a demolition permit or of a grading permit that involves demolition of existing structures, the developer shall contract with a certified asbestos/lead paint consultant to perform an asbestos and lead paint inspection prior to the demolition of regulated structures. Should the inspection identify the presence of asbestos and/or lead paint, the developer shall contract for material abatement.

Removal or disturbance of asbestos and lead paint requires adherence to the California Div ision of Occupational Safety and Health and California Department of Public Health regulations. Should the asbestos and lead paint inspection indicate the presence of the significant levels of asbestos , the developer shall contract a California State registered and licensed asbestos abatement contractor to perform the asbestos work. The asbestos and lead paint inspection and evidence of abatement of any identified lead based paint and regulated asbestos containing materials shall be presented to the city prior to issuance of a grading and/or demolition permit.
52 . The property owner/developer shall replace any street or sidewalk improvements or utility services that are removed or damaged during the construction of the project as determined by the City Engineer. This could include, but is not limited to, permeable paving, PCC curbs , gutters , sidewalks ; street lighting ; signing and striping ; all underground utilities including , but not limited to, sanitary sewer , gas, electrical, telephone , and water and fire services lines; and all other improvements to bring the right-of-way into full conformance with applicable City standards. All construction in the right-of-way shall be completed prior to final building approval.

53. The developer shall install a backflow prevention device on the existing sewer lateral between the building and the City's sanitary sewer main. The device shall be maintained and operated by the owners and shall periodically tested by the owners to insure the device is working properly.

54. The property owner shall be responsible for maintenance of all on-site landscaping and irrigation systems, which shall be kept in a neat, clean and healthy manner and in compliance with the approved plans. The applicant will maintain the approved landscaping in perpetuity. No trees , shrubs, or plant material shall obstruct site distance of motorists and pedestrians.

55. Each dwelling unit shall be metered separately for electricity, gas, and water/sewer services.

[
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56. As-Built Plans: Developer must provide the City Engineering Department with an electronic pdf and AutoCAD copy of the final as-built plans as well as one Mylar print and one reproduction copy. The final as-built must be updated with all changes made during construction such as additions and deletions, including changes that were made to reflect actual site conditions.

57. Approved Resolution: A complete hard copy of the approved signed resolution shall be included with the submittal of the final map to the City Engineer.

58. Bicycle Lanes: Prior to map approval, bicycle lanes shall be designed in accordance with the San Benito County Bikeway and Pedestrian Master Plan. The design shall be reviewed and approved by the City Engineer. Pending approval of the bicycle lanes, the developer shall make the bicycle lane improvements in a method approved by the City Engineer in accordance to City standards.

59. Construction Dust and Emissions: To reduce dust emissions from demolition, grading, and construction activities on the project site, the following language shall be included in all grading and construction plans for the project prior to issuance of demolition or grading permits:
i. Dust control measures shall be employed to reduce visible dust leaving the project site. The following measures or equally effective substitute measures shall be used:

J. Use water to add moisture to the areas of disturbed soils twice a day, every day, to . prevent visible dust from being blown by the wind;
k. Apply chemical soil stabilizers or dust suppressants on disturbed soils that will not be actively graded for a period of four or more consecutive days;

1. Apply non-toxic binders and/or hydro seed disturbed soils where grading is completed, but on which more than four days will pass prior to paving, foundation construction, or placement of other permanent cover;
m. Cover or otherwise stabilize stockpiles that will not be actively used for a period of four or more consecutive days, or water at least twice daily as necessary to prevent visible dust leaving the site, using raw or recycled water when feasible; n. Maintain at least two feet of free board and cover all trucks hauling dirt, sand, or loose materials;
o. Install wheel washers at all construction site exit points, and sweep streets if visible soil material is carried onto paved surfaces;
p. Stop grading, and earth moving if winds exceed 15 miles per hour; q. Pave roads, driveways, and parking areas at the earliest point feasible within the construction schedule;
r. Post a publicly visible sign with the telephone number and person to contact regarding dust complaints. This person shall respond and take corrective action within 48 hours of receiving the complaint. The phone number of the Monterey Bay Air Resources District shall also be visible to ensure compliance with Rule 402 (Nuisance);

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s. Limit the area under construction at any one time; and t. Construction equipment shall use alternative fuels such as compressed natural gas (CNG), propane, electricity or biodiesel whenever possible.

60. The developer shall make arrangements for P.G.&E., AT&T, or any other utilities authorized to operate in the City of Hollister. All such utility work shall be done in accordance with Joint Utility requirements as well as the City of Hollister Specifications and Details.
61 . The developer shall have a corrosion protection plan prepared for the project by a qualified professional. The final improvement plans shall reflect the recommendations of the corrosion protection plan to the satisfaction of Sunnyslope County Water District.

62. The developer shall dedicate an additional five (5) feet of storm drain easement along the eastern edge of the property over the existing 72-inch storm drain to provide the minimum required City easement width.

63. The City proposes to fund and install a future CDS unit and related improvements on the existing 72-inch storm drain line running along the project's eastern border. This CDS unit and related improvements, along with SDMH #19, if necessary, as shown on the approved Tentative Map, are proposed as part of the City's Storm Capture Project and will not be designate, procured, or installed by the Developer. The Developer, however, shall coordinate its improvement plans with the City Engineer to accommodate such future work.

64. Community Facilities District No. 4.: Prior to the approval of any Memorandum of Agreement for Early Start Homes; prior to the Subdivision Improvement Agreement; or prior to the recordation of the final map, whichever the applicant chooses to do first, the applicant shall cooperate with the City to facilitate the annexation of the entire project to the Community Facilities District No. 4. The entire project shall be included within the boundaries of the community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982 , as amended (California Government Code 53311 et esq.) and be subject to a special tax levied hereunder. The special tax shall be in an amount that will be updated with the annual CPI per unit per year, subject to an annual increase in accordance with the designated consumer price index as of January 1 of each year. The property owner shall cooperate with the City to accomplish the inclusion of the project in the community facilities district, either through annexation to an existing district or through the formation of a new district. Such cooperation shall include, but not be limited to executing and filing with the City Clerk, in a form acceptable to the City Attorney, any approval, consent, or waiver required by the City in order to expedite the inclusion of the project in such a district.

65. Community Facilities District No. 5: Prior to the approval of any Memorandum of Agreement for Early Start Homes; prior to the Subdivision Improvement Agreement; or prior to the recordation of the final map, whichever the applicant chooses to do first, the

PC Resolution 2021-32
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applicant shall cooperate with the City to facilitate the annexation of the entire project to the Community Facilities District No. 5. The entire project shall be included within the boundaries of the community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (California Government Code 53311 et esq.) and be subject to a special tax levied hereunder. The special tax shall be in an amount that will be updated with the annual CPI per unit per year, subject to an annual increase in accordance with the designated consumer price index as of January 1 of each year. The property owner shall cooperate with the City to accomplish the inclusion of the project in the community facilities district, either through annexation to an existing district or through the formation of a new district. Such cooperation shall include, but not be limited to executing and filing with the City Clerk, in a form acceptable to the City Attorney, any approval, consent, or waiver required by the City in order to expedite the inclusion of the project in such a district.

FIRE DEPARTMENT

66. Fire Hydrants shall be Clow 865 Units only with either Clow CW50 or equivalent Longbeach breakaway spool/risers and shut off valves.

67. The applicant shall place a three valve cluster connection with the installation of each new fire hydrant and lateral on each side of the hydrant. The City Engineering may waive this requirements if an existing shut-of valve exists within the proximity of the new hydrant.

68. Prior to building permit issuance, the applicant shall submit a fire sprinkler system plan and obtain approval for this plan from the Fire Department. The fire system plan must be updated and retro-fitted for the new occupancy, its interior walls, and all wall separation.

69. Prior to occupancy, an operating fire alarm system shall be installed. The fire alarm system shall be inspected and approved by the Fire Department.

70. Prior to occupancy, an operating fire alarm system shall be installed. The fire alarm system shall be inspected and approved by the Fire Department.

POLICE DEPARTMENT

71. Prior to occupancy, the applicant shall provide evening lighting, which is unobtrusive for neighboring parcels, on the project site. All light sources should be fully shielded from off-site view. All lights are to be downcast except where it can be proven to not adversely affect other parcels.

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SPECIAL CONDITIONS

72. The applicant shall work with the Engineering Department to ensure that the existing water main within Santa Ana Road is relocated under pavement, and will not be located under the curb and/or sidewalk.

73. Per Mitigation Measure CUL-1, prior to issuance of a permits for grading and/or demolition, a historic evaluation of the circa 1965 shed on the property must be completed in accordance with CEQA Section 15064.5(a)(3) as defined in Public Resources Code 5024.1, by a Secretary of Interior Professionally Qualified historian or architectural historian as defined in the Code of Federal Regulations.

74. All Other Resolutions: Resolutions and ordinances approving the certification of the environmental document pursuant to CEQA, the Prezone, Conditional Use Permit for a Planned Unit Development, and Site & Architectural Review for the project shall also apply to this resolution.

Air Quality
MMAQ-1

MITIGATION MEASURES
Construction Dust. Prior to issuance of grading or building permits, the applicant or developers of the project site shall prepare a grading plan subject to review and approval by the City of Hollister. The following dust control measures shall be implemented to the extent necessary to eliminate viable dust:
a. Water all active construction areas to maintain 12 percent soil moisture.
b. All grading shall be suspended when winds exceed 20 miles per hour. c. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
d. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. Install sandbags or other erosion control measures to prevent silt runoff to public roadways.
f. All vehicles speeds on unpaved roads shall be limited to 15 mph. g. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible .
h . Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes ( as required by the California airborne toxics control measure Title 13,

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Biological Resources
MMBI0-1
MMBI0-2
Section 2485 of the California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

1. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

Timing/Implementation:

Enforcement/Monitoring:

Prior to issuance of grading and building
permits
City of Hollister -Engineering Department
and Building Division
Burrowing Owl Surveys. Focused surveys shall be performed by a qualified biologist for the purposes of determining presence or absence of burrowing owl burrows within the proposed impact area, including construction access routes, no longer than two weeks prior to vegetation removal or ground disturbance activities. If clearing and construction activities begin during the breeding season (February 1 through August 31), the survey area shall include a 500 foot buffer, where feasible. If clearing and construction activities begin during the non-breeding season (September 1 through January 31 ), the survey area shall include a 250-foot buffer, where feasible.

Biological Monitoring and Worker Environmental Awareness Training. If no burrowing owls are detected during preconstruction surveys performed pursuant to mitigation measure MM BIO-I, no further mitigation is required. If preconstruction surveys detect signs of burrowing owl or any other sensitive biological resources, a qualified biologist shall be retained to conduct mandatory contractor and worker environmental awareness training. The awareness training shall be provided to all construction personnel to brief them on the identified location of sensitive biological resources, including how to identify the species most likely to be present, the need to avoid impacts on biological resources, and the penalties for not complying with biological mitigation requirements. If new construction personnel are added to the project, the contractor shall ensure that they receive the mandatory training before starting work. At project-appropriate intervals, a qualified biologist shall monitor construction activities that could potentially cause significant impacts on sensitive biological resources. The amount and duration of monitoring shall depend on the project specifics and should be discussed with the qualified biologist.

PC Resolution 2021-32
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MMBI0-3
MMBI0-4
MMBI0-5
MMBI0-6
Burrowing Owl Avoidance. If burrowing owls are detected, a qualified biologist shall be retained and the avoidance, minimization, and mitigation methodologies outlined in CDFW's Staff Report on Burrowing Owl Mitigation (2012) shall be implemented prior to initiating proposed project-related activities that may impact burrowing owls. Any observations of burrowing owl or other special-status species shall be recorded on CNDDB field sheets and submitted to the CDFW.

American Badger Surveys. A qualified biologist shall be retained to conduct a preconstruction survey for active badger den sites within the proposed impact area, including construction access routes and a 250-foot buffer (if feasible). The survey shall be conducted no longer than two weeks prior to vegetation removal or ground disturbance activities and may occur concurrently with burrowing owl surveys.

Biological Monitoring and Worker Environmental Awareness Training. If preconstruction surveys detect sign of American badger or any other sensitive biological resources , a qualified biologist shall be retained to conduct mandatory contractor and worker environmental awareness training. The awareness training shall be provided to all construction personnel to brief them on the identified location of sensitive biological resources, including how to identify the species most likely to be present, the need to avoid impacts on biological resources, and the penalties for not complying with biological mitigation requirements . If new construction personnel are added to the project, the contractor shall ensure that they receive the mandatory training before starting work . At project-appropriate intervals, a qualified biologist will monitor construction activities that could potentially cause significant impacts on sensitive biological resources. The amount and duration of monitoring will depend on the project specifics and should be discussed with the qualified biologist.

Badger Den Avoidance. If active breeding sites are identified within 250 feet of proposed project activities, a no-disturbance buffer shall be established prior to commencement of any construction activities to avoid construction-or access-related disturbances to breeding activities for American badger. Activities permitted within and inside of the no disturbance buffers may be imposed until a qualified biologist. The buffer shall be imposed until a qualified biologist determines breeding activities have ended. If active dens are detected, the CDFW shall be contacted, as appropriate, and CNDDB field forms shall be submitted to the CDFW.

Timing/Implementation As specified in each measure
I

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Cultural Resources
MMCUL-1
MMCUL-2
Geology and Soils
MMGE0-1
Enforcement/Monitoring City of Hollister -Engineering Department and Building Division
California Register of Historical Resources Evaluation. As part of future environmental studies completed in support of development on the project site, a California Register evaluation of the circa 1965 shed must be completed according to CEQA Section 15064.5(a)(3) as defined in Public Resources Code 5024.1. The evaluation must be completed by a Secretary of Interior Professionally Qualified historian or architectural historian as defined in the Code of Federal Regulations, 3 6 CFR Part 61. If the shed is found eligible for the California Register further mitigations may be required.

Timing/Implementation:

Enforcement/Monitoring:

Prior to approval of future projects
City of Hollister Planning Division
Treatment of previously unidentified archaeological deposits. If prehistoric or historical archaeological deposits are discovered during construction, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist shall assess the situation, consult with agencies as appropriate, and make recommendations regarding the treatment of the discovery. Impacts to archaeological deposits shall be avoided by the project, but if such impacts cannot be avoided, the deposits shall be evaluated for their eligibility for the California Register of Historical Resources (California Register). If the deposit is not California Register eligible, no further protection of the finds is necessary. If the deposits are California Register eligible, they shall be protected from project-related impacts, or such impacts shall be mitigated. Mitigation may consist of, but is not necessarily limited to, systematic recovery and analysis of archaeological deposits, recording the resource, preparation of a report of findings, and accessioning recovered archaeological materials at an appropriate curation facility.

Timing/Implementation:

Enforcement/Monitoring:

During grading and excavation
City of Hollister -Engineering Department
and Building Division
Erosion Control Plan. Prior to issuance of any grading or building permits for the project, the applicant shall submit an erosion control plan

PC Resolution 2021-32
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MMGE0-2
Hazardous Materials
MMHAZ-1
MMHAZ-2
to the City that includes criteria for stabilizing any soil stockpiles that may be maintained on-site prior to completion of the final phase of the project.

Stabilization criteria shall consist of measures deemed acceptable by the City of Hollister Building Division.

Timing/Implementation:

Enforcement/Monitoring:

Prior to issuance of grading permits
City of Hollister -Engineering Department
and Building Division
Treatment of previously unidentified paleontological deposits. In the event of a fossil discovery during excavation, the construction contractor shall notify the City of County and immediately cease work in the area of the find. The contractor shall retain a qualified paleontologist to evaluate the resource and prepare a recovery plan for immediate implementation, including field survey, construction monitoring, sampling and data recovery procedures, museum storage coordination for any specimen recovered, and a report of findings. Recommendations in the recovery plan that are determined by the City of County to be necessary and feasible will be implemented before construction activities resume in the area where the paleontological resources were discovered.

Timing/Implementation:

Enforcement/Monitoring:

During grading and excavation
City of Hollister -Engineering Department
and Building Division
Soils Management Plan. The project applicant shall prepare a Soil Management Plan and Health and Safety Plan that specifically addresses these risks and outlines the necessary measures to limit chemical exposure and mobilization (e.g., airborne dust, erosion control) during future construction activities.

Excavation and disposal. The project applicant shall excavate soils in the area in the shed represented by soil sample 11, where diesel and motor oil were detected at concentrations of 6,600 parts per million (ppm) and 14,000 ppm above their ESLs. These areas shall be excavated to remove visibly stained material and a confirmation soil sample shall be collected.

The excavated material shall be placed in a drum or drums and profiled for off-site disposal to a licensed facility.

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MMHAZ-3
Timing/Implementation:

Timing/Implementation :

Enforcement/Monitoring :

Prior to issuance of grading permits (Soil
Management Plan and Health and Safety
Plan)
During project grading (Excavation of
contaminated soils)
City of Hollister -Engineering Department
and Building Division
Airport Influence Area Real Estate Disclosure Map. The project applicant shall prepare an Airport Influence Area Real Estate Disclosure Map that clearly delineates each parcel located entirely or partially within the Airport Influence Area. The map shall be submitted to the City for use in preparing the final map for the project. The final map recordation would document the required real estate disclosure for each parcel.

Timing/Implementation : Prior to recordation of the final map Enforcement/Monitoring : City of Hollister -Engineering Department and Building Division
Hydrology and Water Quality
MMHYDR0-1
MMHYDR0-2
Stormwater Pollution Prevention Plan. Prior to issuance of any grading or building permits for the project, the project applicant shall submit a stormwater pollution and prevention program (SWPPP) to the City of Hollister Engineering Division. The SWPPP shall comply with all applicable requirements of Hollister Municipal Code Section 17.16.140 .

The SWPPP shall be implemented prior to commencement of construction and shall be continuously maintained throughout the duration of construction for each phase of the project.

Timing/Implementation:

Enforcement/Monitoring:

Prior to issuance of grading and building
permits
City of Hollister-Engineering Department
and Building Division
Stormwater Management Plan. Prior to issuance of grading or building permits for any future projects, the applicant shall submit a detailed stormwater management plan to the City of Hollister Engineering Division. The stormwater management plan shall comply with all applicable requirements of Section 17 .16.140 of the Hollister Municipal Code. The stormwater management plan shall also comply with Central Coast Regional Water Quality Control Board Resolution RJ-2013-0032 and in accordance with section E.12.k of the City 's Municipal Separate

PC Resolution 2021-32
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MMHYDR0-3
Noise
MMNOI-1
Storm Sewer System (MS4) Permit, including all applicable post- construction requirements (PCRs ), development standards, and design criteria. The stormwater management plan shall be supported by up-to- date hydrologic data to meet the current standards. All stormwater pollution prevention measures and long-term maintenance agreements shall be implemented and approved prior to issuance of certificates of occupancy for each phase of the project.

Stormwater pollution control measures represented in the proposed project are conceptual and will be finalized only after review by City of Hollister Engineering Division and Planning Division.

Timing/Implementation:

Enforcement/Monitoring:

Prior to issuance of grading and building
permits
City of Hollister-Engineering Department
and Building Division
Floodplain hazards. Prior to issuance of any grading or building permits for the project, the applicant shall obtain a development permit for construction within a special flood hazard zone from the Planning Director in accordance with Section 15.20.100 of the Hollister Municipal Code.

The plan submitted for the development permit shall comply with all applicable requirements in Chapter 15 .20 of the Hollister Municipal Code.

All floodplain hazard prevention measures and regulations shall be implemented prior to issuance of certificates of occupancy for each phase of the project. Grading plans must demonstrate that al new lots located within the flood hazard zone are elevated a minimum of 1 foot above FEMA's base flood elevations. Should grading plans result in changes to FEMA's flood hazard maps, map revisions will be the responsibility of the applicant.

Timing/Implementation:

Enforcement/Monitoring:

Prior to issuance of grading and building
permits
City of Hollister-Engineering Department
and Building Division
Prior to grading permit issuance, the applicant shall demonstrate, to the satisfaction of the Development Services Director, that the project complies with the following:

PC Resolution 2021-32
TM 2021-1 /HPG Hollister Development LLC/Avalon Village

a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. b. Construction haul routes shall be designed to avoid noise-sensitive uses (e .g., residences , convalescent homes), to the extent feasible . c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Per the City's Municipal Code Ordinance 17.16.100 -Noise, commercial construction activities on and contiguous to residential properties shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturday and shall be prohibited on Sundays and federally recognized holidays Timin g/Implementation : Prior to issuance of building permits Enforcement/Monitoring : City of Hollister Engineering Department Tribal Cultural Resources
MMTCR-1 Accidental Discovery. If tribal cultural resources are discovered during project construction activities, all work within 25 feet of the discovery shall be redirected and the tribal monitor shall assess the situation , consult with agencies as appropriate , and make recommendations regarding the treatment of the discovery. Impacts to tribal cultural resources should be avoided by project activities, but if such impacts cannot be avoided, the resources shall be evaluated for their California Register eligibility. If the tribal cultural resource is not California Register-eligible , no further protection of the find is necessary. If the tribal cultural resource is California Register-eligible, it shall be protected from project-related impacts or such impacts mitigated. Mitigation may consist of, but is not necessarily limited to, systematic recovery and analysis , recording the resource , preparation of a report of findings, and accessioning recovered archaeological materials at an appropriate curation facility. Public educational outreach may also be appropriate.

Timing/Implementation:

Eriforcement/Monitoring:

During project construction
City of Hollister -Engineering Department
and Building Division
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 28 th day of October 2021, by the following vote:

PC Resolution 2021-32
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AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
~
Seth Muenzer, Roxanne Stephens, David Hu i
None
None
None
Chairperson of the Planning Commission
of the City of Hollister
M. Abraham Prado, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the Planning Commission at their meeting. In addition, the City provides for a 15-day appeal period.

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)

CITY OF HOLLISTER )
375 Fifth Street )
Hollister, California 95023 )
Attention: City Clerk ) )
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.

SUBDIVISION IMPROVEMENT AGREEMENT

THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into on this 20th day of August, 2024 (the “Effective Date”) by and between Rosati – Hollister, L.P., a Delaware limited partnership (“Owner”), and the CITY OF HOLLISTER, a California municipal corporation (“City”) (collectively, the “Parties”).

R E C I T A L S

A. Owner is the owner of that certain real property located north of Meridian Street, south of Santa Ana Road, and east of Marguerite Maze Middle School, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Number 054-630-001, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”). Owner has submitted an application to the City for the development of a Subdivision Map, Conditional Use Permit, and Site and Architectural Application for a Planned Unit Development, to subdivide an existing parcel into single-family lots and duet lots within the medium-density residential performance overlay zoning district. (the “Project”).

B. The Project is subject to all mitigation measures, conditions of approval, and requirements set forth in paragraphs C, D, and E herein below (“Conditions”) adopted by Resolutions of the City Council and Planning Commission of the City of Hollister for the development of the Project.

C. On October 28, 2021, the Planning Commission of the City of Hollister adopted Resolution No. PC 2021-32, approving Tentative Map No. 2021-2, prepared by Kelley Engineering & Surveying subject to certain conditions of approval.

D. On October 28, 2021, the Planning Commission of the City of Hollister adopted Resolution No. PC 2021-33, approving Conditional Use Permit No. 2021-8, for a Planned Unit Development to subdivide an existing parcel into single-family lots and duet lots within the medium-density residential performance overlay zoning district.

E. On October 28, 2021, the Planning Commission of the City of Hollister

adopted Resolution No. PC 2021-34, approving Site and Architectural Application No. 2021- 8, to construct single-family attached duet units as part of the subdivision of an existing parcel in the medium-density residential performance overlay zoning district.

F. The Conditions require either (1) that certain improvements be constructed prior to approval of the final map, or (2) that Owner enter into an agreement with the City providing for the future construction of such improvements.

G. Owner has submitted plans, specifications, and drawings for the improvements entitled “Improvement Plans Willow Landing – tract 360”, prepared by MH engineering Co., (the “Improvement Plans”), which Improvement Plans have been approved by the City Engineer. The original Improvements Plans are on file in the City of Hollister Public Works Department Engineering Division, and are incorporated herein by this reference.

H. City and Owner desire to enter an agreement providing for the construction and installation of the improvements in accordance with the Improvement Plans.

A G R E E M E N T

NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows:

1. Purpose. The purpose of this Agreement is to guarantee completion of certain improvements in accordance with the Improvement Plans and ensure satisfactory performance by Owner of Owner’s obligations to satisfy the Conditions.

2. Duty to Install Improvements. Owner will construct, install and complete, or cause to be constructed, installed and completed, at the Owner’s sole cost and expense, all improvements required by the Conditions and/or described in the Improvement Plans (the “Improvements”), in accordance with such plans, all applicable federal, state and local laws, regulations and standards, including without limitation State of California Division of Industrial Safety Construction Orders, and to the satisfaction of the City Engineer in his or her reasonable discretion. Owner will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.”

3. Duty to Maintain Improvements. City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Owner at all times prior to City’s acceptance of the Improvements. Owner shall maintain all the Improvements in a state of good repair until they are completed by Owner and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Owner’s responsibility

to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Owner fails to properly prosecute its maintenance obligation under this Section 3, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Owner and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above, Owner shall make available for public use any streets, curbs, gutters, sidewalks or walkways, streetlights, street furniture, storm drain improvements, fire hydrants, and any other facilities intended for general public use, which are installed, altered or affected by the Work, as soon as they can be safely placed in service.

4. Commencement and Completion Date. Owner will notify City in writing at least 24 hours prior to the commencement of the Work. Owner will complete the Work within eighteen (18) months of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City Engineer in consultation with the City Attorney in its sole and absolute discretion at the request of Owner, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 14 shall remain enforceable throughout the term of the extension.

5. Estimated Cost of Work. The estimated cost of the Work is Fifteen Million Six Hundred Thirty-Eight Thousand Three Hundred One 00/100 dollars ($15,638,301.00).

Notwithstanding this estimate, Owner hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Owner’s financial obligation, and (c) that Owner is obligated to complete the Work at its own cost, expense, and liability. The estimated cost of the work is attached hereto as Exhibit B and incorporated by this reference.

6. Modifications to the Plans. Approval of this Agreement by City does not release Owner of its responsibility to correct mistakes, errors or omissions in the Improvement Plans. If, at any time, in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Owner agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with this Agreement.

7. Repairs. Owner agrees to repair or have repaired in a timely manner at its sole cost and expense all public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any property the full cost of such repair. In addition, Owner shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Owner or to whom Owner has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to approve or accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and required written acceptances have been provided to the City Engineer.

8. Foreman or Superintendent. Owner shall give personal attention to the Work. A competent foreman or superintendent, satisfactory to the City Engineer, in his or her reasonable discretion, with authority to act for and on behalf of Owner, shall be named in writing by Owner

prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and approval of the City Engineer. Owner shall provide the City with emergency contact information for the foreman or superintendent prior to commencement of the Work.

9. Examination of Work. All of the Work shall be performed to the satisfaction of the City Engineer in his or her reasonable discretion. The City and its authorized agents shall, at all times during the performance of the Work, have free access to the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. No Work shall be performed without inspection by City. Any Work performed without inspection is subject to rejection by City. All Work shall be performed during the City’s normal working hours and work days. If any Work is planned to be performed during non-working hours or work days, there must be a request made in writing to City at least sixty four (64) hours in advance. If an inspector is available, Owner shall pay the actual costs for overtime work as provided in Section 10 below. If an inspector is not available, no Work shall be performed.

10. City Improvement Plan Review, Inspection, Administration and Testing. Owner shall pay to City the actual cost for all improvement plan review, inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Engineering & Inspection Costs”). The estimated cost for City Engineering & Inspection Costs is Seven Hundred Thirteen Thousand One Hundred Six 53/100 dollars ($713,106.53) (the “Estimated Engineering & Inspection Cost”). Concurrently with the execution of this Agreement, Owner shall pay to the City an amount equal to the Estimated Engineering & Inspection Cost for the payment of the City Engineering & Inspection Costs. In the event that the Estimated Engineering & Inspection Cost is insufficient to cover the actual City Engineering & Inspection Costs incurred, Owner shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Engineering & Inspection Costs. The estimated cost for the payment of the City Engineering & Inspection Costs is attached hereto as Exhibit C and incorporated by this reference.

11. City Final Map Review. Owner shall pay to City the actual cost for all final map review services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Final Map Costs”). The estimated cost for City Final Map Costs is Ten Thousand Three Hundred Eleven 00/100 dollars ($10,311.00) (the “Estimated Final Map Cost”). Concurrently with the execution of this Agreement, Owner shall pay to the City an amount equal to the Estimated Final Map Cost for the payment of the City Final Map Costs. In the event that the Estimated Final Map Cost is insufficient to cover the actual City Final Map Costs incurred, Owner shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Final Map Costs. The estimated cost for the payment of the City Final Map Costs is attached hereto as Exhibit D and incorporated by this reference.

12. Compliance with Laws. Owner shall fully comply with all federal, state and local laws, ordinances and regulations, including the Subdivision Ordinance, in the performance of this Agreement. Owner shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the

Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.

13. Encroachment Permits. Owner shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Prior to excavating within the public right of way for connections to public utilities, Owner must provide to the City documentation satisfactory to the City Engineer that the providers of such utilities services have agreed to serve the Project.

14. Performance, Labor and Materials and Warranty Security. In accordance with the Subdivision Ordinance and the Subdivision Map Act, Owner will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Attorney in accordance with the Subdivision Ordinance.

14.1 Performance Bond. Owner must provide a performance bond or security as described Section 16.24.220 of the City of Hollister Municipal Code, to guarantee the construction or installation of the improvements, which the Parties estimate at is Fifteen Million Six Hundred Thirty-Eight Thousand Three Hundred One 00/100 dollars ($15,638,301.00), concurrently with the execution of this Agreement, which bond must meet the requirements of the City of Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.1, as may be amended, and be acceptable to the City Attorney. The bond shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance or final approval of the Improvements and Owner’s delivery of a Warranty Bond, as described below, or as otherwise allowed by Government Code Section 66499.7. The estimate for the performance bond amount is attached hereto as Exhibit E and incorporated by this reference.

14.2 Labor and Materials Bond. Pursuant to Section 16.24.220 of the Hollister Municipal Code, Owner shall furnish and deliver a labor and materials surety bond in the amount of is Fifteen Million Six Hundred Thirty-Eight Thousand Three Hundred One 00/100 dollars ($15,638,301.00), concurrently with the execution of this Agreement, which bond must meet the requirements of the Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.2, as may be amended, and be acceptable to the City Attorney. The bond shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain the bond until both (a) the City accepts or gives final approval to the Work, and (b) the statute of limitations to record a claim of lien under Civil Code section 8410 et seq. has expired. After said date, the bond may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the bond shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the bond shall be released in full by the City Engineer. The estimate for the labor and materials bond amount is attached hereto as Exhibit F and incorporated by this reference.

15. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have an updated engineer’s

estimate prepared, the City shall provide written notice to Owner. Owner shall provide such estimate within the timeframe set forth in the City’s notice and shall make such modifications to the estimate as may be reasonably requested by City. Owner shall provide additional security as may be required by the updated engineer’s estimate. If Owner is required to post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to City. The condition of the security shall be that if Owner fails to perform its obligations under this Agreement, the City may, as applicable, use the proceeds or require the sureties to perform the obligations, of the Agreement.

16. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Owner or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

17. Completion of Work. After Owner (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Work, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Owner or to whom Owner paid the full cost of such repair in accordance with Section 7 above, Owner will provide City with a written notice of completion, together with copies of all written acceptances as described in Section 7.

City, in its sole and absolute discretion, may accept or give final approval to the Work in phases and allow a partial release of the bonds provided under Section 14 above.

18. Final Acceptance.

18.1 Notice of Satisfactory Completion of the Work. Within fifteen (15) days of receipt of Owner’s written notification pursuant to Section 17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Owner a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances described in Section 7 have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete, not satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Owner a written notice of satisfactory completion. Prior to acceptance of improvements, Owner shall obtain a written notice of satisfactory completion of the work issued from the City Engineer. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Owner has made commercially reasonable efforts to obtain such acceptances. City Engineer’s failure to respond to Owner’s written notification within fifteen (15) days will not be deemed a breach or default under this Agreement.

18.2 Fees, Documentation, and Agreements Prior to Acceptance of Improvements. Owner shall pay all outstanding fees prior to acceptance of the improvements.

Owner shall provide all documents, including, but not limited to, operations and maintenance manuals and a storm water management plan post construction requirements form, required by

the City Engineer prior to the acceptance of the improvements. All agreements, including, but not limited to maintenance agreements, required by the Engineer shall be executed prior to acceptance of the improvements.

18.3 Acceptance of Improvements. After Owner satisfies the requirements for acceptance of the improvements specified in this Agreement, the City Engineer will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council. The acceptance of those Improvements shall be by resolution. Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of San Benito County. Title to, and ownership of, all Improvements constructed by Owner under this Agreement within the public right of way, or designated for public use, shall vest in City upon City’s acceptance of such Improvements.

Acceptance of the Improvements by the City shall be deemed as final approval of the completed Improvements that are not accepted for ownership by the City.

18.4 Acceptance of Dedications. In conjunction with the recommendation to accept the Improvements, the City Engineer will recommend the acceptance of any offers of dedication shown on the final map for, or separately recorded against, the Property (“Dedicated Property”). The Dedicated Property shall be conveyed free and clear of all liens, encumbrances, assessments and leases (recorded and unrecorded), except items approved by City in writing. City may require Owner to obtain and pay for title insurance in connection with any such approvals of title exceptions.

18.5 Environmental Warranty.

A. As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the Owner to the City of Hollister for the Property, Owner hereby warrants to the City of Hollister that:
(1) Neither the Property to be dedicated nor Owner are in violation of any environmental law, and neither the Property to be dedicated nor the Owner are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with any and all applicable environmental laws relating to the Property to be dedicated. (2) Neither Owner nor any other person with Owner’s permission to be upon the Property to be dedicated, shall use, generate, manufacture, produce, or release, on, under, or about the Property to be dedicated, any Hazardous Substances, except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material, which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials or substances requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (3) Owner has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Property to be dedicated or the migration of any Hazardous Substances from or to any other Property adjacent to, or in the vicin ity of, the Property to be dedicated.
(4) Owner’s prior and present use of the Property to be dedicated has not resulted in the release of any Hazardous Substances on the Property to be dedicated.

B. Owner shall give prompt written notice to City of:
(1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substances on the Property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Property to be dedicated;
(2) Any claims made or threatened by any third party against City or the Property to be dedicated relating to any loss or injury resulting from any Hazardous Substances; and (3) Owner’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Property to be dedicated that could cause the Property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

19. Reversion to Acreage. If Owner fails to perform its obligations under this Agreement, Owner consents to the reversion to acreage of Property pursuant to Government Code section 66499.16 at Owner’s sole cost and expense.

20. Warranty Period.

20.1 Warranty; Repair and Reconstruction. Without limiting the foregoing, Owner expressly warrants and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the Improvements in accordance with Section 18.2. If, within this one-year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Owner, or any of the Work, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Owner shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Owner fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Owner can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Owner shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction plus 25 percent. Owner shall provide a notice of the expiration of the warranty period, not more than 60 days and not less than 45 days prior to the end of the warranty period, to the City.

20.2 Warranty Bond. Owner shall furnish and deliver a warranty bond in the amount of ten percent of the value of the Improvements prior to acceptance and final approval of the Improvements and prior to release of the entirety of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished. The warranty bond shall not be released until the City Engineer authorizes, in writing, the release of the bonds.

21. Owner Not Agent of City. Neither Owner nor Owner’s contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Owner’s relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Owner’s contractors and subcontractors are exclusively and solely under

the control and dominion of Owner. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

22. Indemnification. Owner agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages, injuries, penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs or expenses of any kind or nature (collectively, “Claims”) arising out of this Agreement, including without limitation Owner’s, or Owner’s contractors’, subcontractors’, agents’ or employees’, acts, omissions, or operations under this Agreement, and the performance of the Work, whether such acts, omissions, or operations are by Owner or any of Owner’s contractors, subcontractors, agents or employees. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Owner’s obligation to indemnify City shall survive the expiration or termination of this Agreement.

23. Insurance. During the term of this Agreement, Owner shall maintain at its cost and expense the following insurance coverage against Claims, including Claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work and the results of that Work by the Owner, its contractors, agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the City in writing:

23.1 Commercial General Liability (CGL). Owner shall provide or cause to be provided Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Project and Property or the general aggregate limit shall be twice the required occurrence limit.

23.2 Automobile Liability Insurance. Owner shall provide or cause to be provided ISO Form Number CA 00 01 covering any auto (Code 1), or if Owner has no owned autos, hired (Code 8), and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

23.3 Workers' Compensation Insurance. Owner shall provide, or cause to be provided, workers’ compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to maintain workers’ compensation insurance as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. For services deemed public works, by signing this agreement, Owner is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

23.4 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

23.4.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Owner including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Owner’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).

23.4.2 Primary Coverage. For any Claims related to this Agreement, the Owner’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Owner’s insurance and shall not contribute with it.

23.4.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

23.4.4 Waiver of Subrogation. Owner hereby grants to City a waiver of any right to subrogation which any insurer of said Owner may acquire against the City by virtue of the payment of any loss under such insurance. Owner agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

23.4.5 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Owner to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

23.5 Certificate of Insurance and Endorsements. Owner shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the City before the Work commences. However, failure to obtain the required documents prior to the commencement of the Work shall not waive the Owner’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

23.6 Owner’s Consultants and Contractors. Owner shall include all of their consultants and all prime contractors and subcontractors as insured under its polices or shall furnish separate certificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.

23.7 Higher Limits. If the Owner maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Owner. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

24. Payments. Owner agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Owner further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Owner in accordance with Section

14.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.

25. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:

(1) Owner refuses or fails to complete the Work within the time set forth herein or abandons the Work;

(2) Owner assigns the Agreement without the prior written consent of City;

(3) Owner is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Owner’s insolvency;

(4) Owner or Owner’s consultants, contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement or

(5) There is any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.

The City may serve written notice of breach and default upon Owner and the financial institution holding the bonds.

26. Breach of Agreement; Performance by City; Remedies. If the City gives Owner notice, under Section 25, of breach and default of this Agreement, the City may pursue any and all remedies available, including but not limited to, bringing legal action to compel performance of the Work, holding the financial institutions that issued the bonds liable to complete the Work and/or for the cost of the Work and/or proceeding to complete the Work by contract or other method the City considers advisable, at the sole expense of Owner. If City completes the Work, Owner, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Owner as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the bonds shall be liable to City to pay the face amount of the bonds, as specified in this Agreement. As noted above, City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City’s administrative and legal costs. Owner agrees that if legal action is brought by City under this Section of the Agreement, Owner shall pay all of the costs of suit, reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator.

No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.

27. Erosion Control. Owner shall take all necessary actions during the Work to prevent erosion damage and to prevent migration of soil or silt- or sediment-contaminated storm water run-off onto streets or other properties or into creeks, seasonal drainage courses or the public storm drain system. It is understood and agreed that in the event of failure on the part of Owner to prevent erosion or soil migration or storm water contamination, City may implement any and all erosion or storm water protection and/or mitigation measures it determines to be necessary on an emergency basis and Owner shall, within thirty (30) days of receiving notice in writing from the City Engineer, reimburse City for all of City’s actual expenses incurred (including administrative and/or legal expenses) in implementing such erosion protection and/or mitigation measures. If Owner fails to timely reimburse City, City may proceed against the Performance Bond described in Section 14.1 to cover all of City’s actual expenses.

28. Final Drawings. Upon completion of the Work and prior to final acceptance and approval, Owner shall deliver to City a set of “as-built” drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being “as-built” and shall reflect the Work as actually constructed, with any and all changes incorporated therein. The drawings shall be signed and sealed as accurate by the engineer of record.

29. Attorneys’ Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys’ fees, arbitration costs and such other costs as may be determined by the court or arbitrator.

30. Notices. Formal written notices, demands, correspondence and communications between City and Owner shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Owner indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Owner indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this Section.

City: CITY OF HOLLISTER
375 Fifth Street
Hollister, California 95023
Attention: City Engineer

Owner: Rosati – Hollister, LP., a Delaware limited
partnership
23975 Park Sorrento, Suite 220
Calabasas, CA 91302

Attention: Steven C. Porath, Authorized Person

Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State

of California, and three (3) business days if addressed to an address within the United States but outside the State of California.

31. Transfers; Assignments. Owner may assign its obligations under this Agreement to successor owner(s) of the Property only with the prior written consent of the City. In connection with any such assignment, Owner and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney.

32. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 31. If this Agreement has not been assigned or if the assignment has not been consented to by City, it shall remain binding on Owner.

33. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.

34. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect.

35. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Owner with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties.

36. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Benito, California, State of California.

37. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

38. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

39. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of San Benito County.

40. Memorandum of Agreement for Home Construction within an Incomplete Subdivision. Owner acknowledges and agrees to all the conditions and requirements set forth

STATE OF CALIFORNIA )

COUNTY OF )

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

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

WITNESS my hand and official seal.

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

EXHIBIT A

LEGAL DESCRIPTION OF

THE PROPERTY

Real property in the unincorporated area of the County of San Benito, State of California, described as follows:

THAT PART OF THE NORTH HALF OF HOMESTEAD LOT 26 OF THE SAN JUSTO

RANCHO AS SUBDIVIDED BY THE SAN JUSTO HOMESTEAD ASSOCIATION, ACCORDING TO THE MAP THEREOF FILED JULY 21, 1876 IN BOOK 1 OF MAPS, PAGE 64 IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN BENITO, PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT:

BEGINNING AT A 1" PIPE IN THE NORTHEAST CORNER OF LANDS OF JOHN DOWDY AND IN THE SOUTH LINE OF THE HOLLISTER AND SANTA ANA ROAD; SAID 1" PIPE

BEING IN THE NORTHWEST CORNER OF LANDS OF ANGELO GILA AS DESCRIBED IN THAT SAID DEED FROM JOHN DOWDY AND MARGARET E. DOWDY, HUSBAND AND WIFE, TO ANGELO GILA, DATED NOVEMBER 17, 1922 AND RECORDED ON JANUARY 2, 1923 IN VOLUME 69 OF DEEDS, AT PAGE 85, IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN BENITO; RUNNING THENCE FROM SAID POINT OF BEGINNING

ALONG THE LINE BETWEEN LANDS OF JOHN DOWDY AND ANGELO GILA (SAID LINE

BEING THE WESTERLY LINE DESCRIBED IN SAID DEED FROM DOWDY TO GILA) SOUTH 1° 19' WEST 1511.45 FEET TO A 1-1/4" PIPE IN THE SOUTHEAST CORNER OF

LANDS OF JOHN DOWDY (ALSO BEING THE SOUTHWEST CORNER OF LANDS OF ANGELO GILA AS DESCRIBED IN SAID DEED FROM DOWDY TO GILA); THENCE ALONG THE SOUTH LINE OF LANDS OF JOHN DOWDY, NORTH 85° 21' WEST 698.16 FEET TO A 3/4" PIPE; THENCE NORTH 2° 05' EAST 1512.88 FEET TO A 3/4" PIPE IN THE SOUTH LINE OF THE HOLLISTER AND SANTA ANA ROAD; THENCE ALONG THE SAID SOUTH LINE OF SAID ROAD SOUTH 86° 54' EAST 695 FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT 42.00 FOOT PORTION GRANTED TO THE CITY OF

HOLLISTER, A MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED AUGUST 10, 1993, INSTRUMENT NO. 9308025, SAN BENITO COUNTY RECORDS.

APN: 054-630-001-000 (New APN); 019-310-002-000 (Old APN)

EXHIBIT B

ESTIMATED COST OF WORK

Estimated Cost of Work = Onsite Cost + Offsite Cost
= $15,638,301.00

Estimated Cost of Work = $15,638,301.00

EXHIBIT C

CITY ENGINEERING & INSPECTION COST

Engineering & Inspection Fee = Engineer’s Estimate * 4.56% = $15,638,301.00 * 4.56%
= $713,106.53

City Engineering & Inspection Cost = $713,106.53

EXHIBIT D

CITY FINAL MAP COST

City Final Map Cost = $7,391.91 + $20.00 per lot
= $7,391.91 + ($20 * 146)
= $10,311.00

City Final Map Cost = $10,311.00

EXHIBIT E

PERFORMANCE BOND AMOUNT

Performance Bond Amount = Estimated Cost of Work
= $15,638,301.00

Performance Bond Amount = $15,638,301.00

Revised: July 8, 2020

EXHIBIT F

LABOR & MATERIALS BOND AMOUNT

Labor & Materials Bond Amount = Estimated Cost of Work
= $15,638,301.00

Labor & Materials Bond Amount = $15,638,301.00

EXHIBIT G

MEMORANDUM OF AGREEMENT

EXHIBIT G

MEMORANDUM OF AGREEMENT

HOME CONSTRUCTION WITHIN

AN INCOMPLETE SUBDIVISION FOR
WILLOW LANDING – TRACT NO. 360

Recitals

WHEREAS, Rosati-Hollister, LP. (“Owner”) is the owner of that certain real property located north of Meridian Street south of Santa Ana Road and east of Maze Middle School, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Numbers 054-630-001-000 as more particularly described in Attachment 1, attached hereto and incorporated herein by this reference (the “Property”); and,

WHEREAS, owner has submitted an application to the City for the development of a Subdivision Map, Conditional Use Permit, and Site and Architectural Application for a Planned Unit Development, to subdivide an existing parcel into single-family lots and duet lots within the medium-density residential performance overlay zoning district, subject to all mitigation measures, conditions of approval, and requirements set forth in PC Resolution No. 2021-32, PC Resolution No. 2021-33 and PC Resolution No. 2021-34 adopted by the City Council and Planning Commission of the City of Hollister on October 28, 2021; and,

WHEREAS, the City Council adopted Resolution 95-08 relating to the construction of homes within an incomplete subdivisions (“Policy”); and,

WHEREAS, owner herein agrees to meet the requirements as set forth by the Policy and this Memorandum of Agreement; and
Agreement

NOW THEREFORE, in order to provide for a timely and orderly construction of the Project to the mutual benefit of the City and Owner; Owner herein agrees:

1. Owner shall take full responsibility for the construction scheduling, coordination, and quality of all work on the project, regardless of who performs the work. The designated representative of the Owner is Tri-Point, until further noticed in writing by the Owner that a change is occurring.

2. Owner shall install and maintain alarm systems in model homes 24 -hours a day, 7-days a week. The designated contact representative of the Owner for burglar alarm system is:

Jenn Truppa, (916) 329-1950

3. Owner stipulates that the specific lots upon which early – start construction homes shall be built are Lots 11-15, 16-22, 23-35, 36-41, 42-46, 110-111, 112-122, and 123, as shown on Attachment 2. All and any revisions to early – start construction home lot locations are subject to City Engineer approval. The Owner must submit proposed revisions to the City Engineer for review and approval consideration.

4. Owner stipulates that the specific lots upon which model homes shall be built are Lots 1, and 2 as shown on Attachment 3. Further, the Owner shall obtain approval from the Development Services Planning Division for a Major Temporary Use Permit for the model home parking lot and for model home sales office.

5. Prior to the issuance of the permit, pad grades shall be certified for compaction by a Civil Engineer or Geotechnical Engineer, and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Geotechnical Engineer shall be duly licensed to perform work in the State of California.

6. Prior to the issuance of a permit, pad grades shall be certified for elevation by a Civil Engineer or Land Surveyor, and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Land Surveyor shall be duly licensed to perform work in the State of California.

7. All utilities crossing and all utility extensions to each model home lot, located within the roadway and public utilities easements, shall be installed and tested. Utilities include but are not limited to natural gas, electric, cable, telephone, water, sewer, and storm drain.

8. Access to model homes from future streets within the subdivision or from approved alternative access shall not cross the alignment of any future utility to be installed within the subdivision, as determine by the City Engineer.

9. Fire hydrants shall be located within 500 feet of all combustible materials and be capable of delivering adequate fire flows to the satisfaction of the City Fire Marshal/Chief.

10. Following approval of the Major Temporary Use Permit by the Planning Division for the model home sales office and parking lot, and the completion of the final inspection by the Building Inspector and the Public Works Inspector, the Owner may use the model homes for display purposes only.

11. Owner shall furnish to the City security in the amount of 100% of the estimated cost of all on and off-site subdivision improvements to assure the Owner faithful performance to complete the subdivision improvements, and to maintain such security until full build-out and completion of early-start construction homes, model homes, and all on and off-site subdivision improvements are completed by the Owner and accepted by the City. Upon acceptance of all improvements by the City Engineer, the Owner may substitute a maintenance bond equal to 10% of the full security amount for one year warranty period.

12. Owner is responsible to maintain, and fully repair any and all damage or defects of all on and off-site subdivision improvements until full build-out and completion of early-start

LEGAL DESCRIPTION

Real property in the unincorporated area of the County of San Benito, State of California, described as follows:

THAT PART OF THE NORTH HALF OF HOMESTEAD LOT 26 OF THE SAN JUSTO RANCHO AS

SUBDIVIDED BY THE SAN JUSTO HOMESTEAD ASSOCIATION, ACCORDING TO THE MAP THEREOF FILED JULY 21, 1876 IN BOOK 1 OF MAPS, PAGE 64 IN THE OFFICE OF THE

RECORDER OF SAID COUNTY OF SAN BENITO, PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT:

BEGINNING AT A 1" PIPE IN THE NORTHEAST CORNER OF LANDS OF JOHN DOWDY AND IN THE SOUTH LINE OF THE HOLLISTER AND SANTA ANA ROAD; SAID 1" PIPE BEING IN THE

NORTHWEST CORNER OF LANDS OF ANGELO GILA AS DESCRIBED IN THAT SAID DEED FROM JOHN DOWDY AND MARGARET E. DOWDY, HUSBAND AND WIFE, TO ANGELO GILA, DATED NOVEMBER 17, 1922 AND RECORDED ON JANUARY 2, 1923 IN VOLUME 69 OF DEEDS, AT PAGE 85, IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN BENITO;

RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG THE LINE BETWEEN LANDS

OF JOHN DOWDY AND ANGELO GILA (SAID LINE BEING THE WESTERLY LINE DESCRIBED IN SAID DEED FROM DOWDY TO GILA) SOUTH 1° 19' WEST 1511.45 FEET TO A 1-1/4" PIPE IN

THE SOUTHEAST CORNER OF LANDS OF JOHN DOWDY (ALSO BEING THE SOUTHWEST

CORNER OF LANDS OF ANGELO GILA AS DESCRIBED IN SAID DEED FROM DOWDY TO GILA); THENCE ALONG THE SOUTH LINE OF LANDS OF JOHN DOWDY, NORTH 85° 21' WEST 698.16 FEET TO A 3/4" PIPE; THENCE NORTH 2° 05' EAST 1512.88 FEET TO A 3/4" PIPE IN THE SOUTH LINE OF THE HOLLISTER AND SANTA ANA ROAD; THENCE ALONG THE SAID SOUTH LINE OF SAID ROAD SOUTH 86° 54' EAST 695 FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT 42.00 FOOT PORTION GRANTED TO THE CITY OF HOLLISTER, A MUNICIPAL CORPORATION IN THE GRANT DEED RECORDED AUGUST 10, 1993, INSTRUMENT NO. 9308025, SAN BENITO COUNTY RECORDS.

APN: 054-630-001-000 (New APN); 019-310-002-000 (Old APN)

Attachment 1

Attachment 2
Early Start Construction Homes Map

Attachment 3
Model Complex Map

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # Police-2024-08

AGENDA ITEM: A RESOLUTION RATIFYING THE APPROVAL OF POLICE

RELATED GRANT REQUESTS

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Carlos Reynoso, Police Chief

RECOMMENDED ACTION: Adopt a resolution ratifying the approval of the grant requests.

DISCUSSION: The City of Hollister has entered into an agreement with California Consulting to assist the City of Hollister in seeking out and applying for grants available in different aspects of city government.

Over the last several months, city staff have been working with numerous members of California Consulting and the project manager Karen Leventhal. Karen and her team have assisted city staff in applying for four different grants related in some way to the police department.

Some of these grants are in partne rship with Hollister High School for school safety and security. All these grants had complicated requirements and documents that needed to be prepared prior to the application being submitted. The deadline for submittals were various days in June which did not provide enough time to bring to council prior to the July recess. Staff were faced with having to submit the grants in an interim measure in anticipation of the approval ratification that is sought today.

The following grants were submitted and are pending approval by various federal agencies:

Law Enforcement Mental Health and Wellness Act LEMHWA Cops Grant. The (LEMHWA) funds are used to improve the delivery of and access to mental health and wellness services for law enforcement through the implementation of peer support, training, family resources, suicide prevention, and other promising practices for wellness programs. The 2024 LEMHWA program will fund projects that develop knowledge, increase awareness of effective mental health and wellness strategies, increase the skills and abilities of law enforcement, and increase the number of law enforcement agencies and relevant stakeholders using peer support, training, family resources, suicide prevention, and other promising practices for wellness programs ( www.cops.usdoj.gov) .

The amount requested is $200,000 with no required match or in-kind match.

School Violence Prevention Program (SVPP) COPS Grant. The SVPP grant is a request to improve security at Hollister High School campus through the implementation of evidence-based school safety programs and technology. The grant was written

primarily by high school staff in consultation with police staff to address the security needs at the high school.

The amount of the request for Hollister High School is $441,744.25 with at least 25% match required by the High School. There is no match r equired by the City of Hollister and the Hollister High School is serving as the lead applicant.

STOP School Violence Program COPS Grant. The STOP School Violence Program is designed to improve school safety by providing students, teachers, and staff with the tools they need to recognize, respond quickly to, and prevent acts of violence .

With this solicitation, the Bureau of Justice Assistance (BJA) seeks to increase school safety by implementing solutions that will improve school climate. Solutions include school-based behavioral threat assessments and/or intervention teams to identify school violence risks among students, technological innovations that are shown to increase school safety such as anonymous reporting technology, and other school safety strategies that assist in preventing violence. ( www.bja.ojp.gov)

The grant request by the High School is $1,000,000 with no match or in-kind match by the city or Hollister High School.

Body Worn Camera Program Department of Justice Grant. This Department of Justice, Bureau of Justice Assistance grant will provide 50% of the cost of purchasing body worn cameras for the police department. Recently, the Hollister Police Department has purchased new body cameras and car camera systems. The pu rchase was made because the previous provider of these services, WatchGuard, was sold and there was no further support for those products. The recent purchase of Motorola cameras is not for the entire department. There is a need for additional cameras to provide cameras for the entire department. The cost of the needed cameras is about $66,000. This grant, if approved, would fund $33,000 of the purchase.

The Hollister Police Department would have a 50% match in the amount of $33,000 for cameras that we were already planning to purchase.

Staff requests City Council to ratify approval of these grant requests and, if awarded, authorize the City Manager to accept the grants.

FISCAL IMPACT: If all grants are approved an increase of $233,000 in fiscal year 24/25 for the grants.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 20__-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

RATIFYING THE SUBMITTAL OF LEMHWA, SVPP, STOP, AND BODY

WORN CAMERA PROGRAM GRANTS BY THE POLICE DEPARTMENT

WHEREAS, the City of Hollister has previously entered into an agreement with California Consulting for assistance in locating and submitting for various grants ; and

WHEREAS, four grants were located that potentially provide essential services to the police department and Hollister High School; and

WHEREAS, the submittal dates for these grants were in June with no time to seek approval from council; and

WHEREAS, the grants include a Law Enforcement Mental Health and Wellness grant, a School Violence Prevention Program grant, a STOP School Violence COPS grant, and a Department of Justice Body Worn Camera Program Grant; and

WHEREAS, if the grants are ratified, it would be up to $233,000 for the city of Hollister and up to $1,441,744. for the High School; and

WHEREAS, staff seeks the ratification of the grants submitted on behalf of the city and in conjunction with Hollister High School.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister ratifies the submittal of the LEMHWA, SVPP, STOP, and the Body Worn Camera Program Grants:

Resolution No. 20__-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 20, 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 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 20, 2024
REPORT # City Manager-2024-29

AGENDA ITEM: A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CITY

OF HOLLISTER INDUSTRIAL WASTEWATER TREATMENT PLANT LEASE

AGREEMENT WITH NEIL JONES FOOD COMPANY DBA SAN BENITO FOODS

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION: Adopt a resolution approving Amendment No. 1 to the City of Hollister Industrial Wastewater Treatment Plant Lease Agreement with Neil Jones Food Company dba San Benito Foods (“San Benito Foods”) and authorize the City Manager to execute the amendment in substantially the same form as presented.

DISCUSSION: On March 29, 2021, the City of Hollister entered into a Lease Agreement with Neil Jones Food Company dba San Benito Foods for the operation and maintenance of certain facilities at the Industrial Wastewater Treatment Plant. In addition to the lease, the City has also incurred s ignificant costs associated with sludge cleanup efforts at the facility; costs that were to be reimbursed in part by San Benito Foods.

The amendment acknowledges a debt of $1,618,869.82 owed by the San Benito Foods to the City for costs associated with sludge cleanup efforts. This debt will be paid in two installments: $809,434.91 due on or before October 31, 2024, and the remaining $809,434.91, plus accrued interest, due on or before October 31, 2025. Simple interest will accrue on the unpaid balance starting November 1, 2024, at the Local Agency Investment Fund (LAIF) interest rate of 4.332% as of May 1, 2024.

In addition to addressing the sludge cleanup costs, the amendment also clarifies and modifies certain terms of the lease. It stipulates that full payment of the debt is a prerequisite for any lease extension beyond the initial term. Furthermore, terms and conditions for any extension period will be subject to good faith negotiations, which will commence no earlier than six months prior to the expiration of the current term and must conclude no later than three months prior. The amendment also clarifies that the initial lease term will terminate on December 31, 2026.

These modifications to the lease agreement ensure that the City recovers the costs incurred for the sludge cleanup while maintaining a working relationship with an important local business. The amendment also provides clear terms for potential future extensions of the lease, protecting the City's interests in any future negotiations.

FISCAL IMPACT: Approval of this amendment will result in the recovery of $1,618,869.82 in costs incurred by the City for sludge cleanup efforts. This amount, along with total interest accrued, will be paid in two installments over the course of approximately one year.

PREVIOUS COUNCIL OR COMMITTEE ACTION:

The original agreement was approved by the City Council on March 29, 2021.

CEQA: Not a project under CEQA

ATTACHMENTS:

1. Resolution

2. Amendment No. 1 to City of Hollister Industrial Wastewater Treatment Plant Lease Agreement

RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AMENDMENT NO. 1 TO THE CITY OF HOLLISTER

INDUSTRIAL WASTEWATER TREATMENT PLANT LEASE

AGREEMENT WITH NEIL JONES FOOD COMPANY DBA SAN BENITO
FOODS

WHEREAS, on March 29, 2021, the City of Hollister (“City”) entered into a Lease Agreement with Neil Jones Food Company dba San Benito Foods for the operation and maintenance of certain facilities at the Industrial Wastewater Treatment Plant ; and

WHEREAS, the City incurred significant costs associated with sludge cleanup efforts at the facility, which were to be reimbursed in part by San Benito Foods; and

WHEREAS, Amendment No. 1 (“Amendment”) to the Lease Agreement acknowledges a debt of $1,618,869.82 owed by San Benito Foods to the City for costs associated with sludge cleanup efforts; and

WHEREAS, the Amendment provides for the payment of this debt in two installments, with interest accruing on the balance; and

WHEREAS, the Amendment clarifies and modifies certain terms of the lease, including conditions for potential lease extensions and the termination date of the initial lease term; and

WHEREAS, these modifications ensure the City recovers costs incurred for sludge cleanup while maintaining a working relationship with an important local business.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby proclaim, resolve, and order as follows:

1. The City Council hereby approves Amendment No. 1 to the City of Hollister Industrial Wastewater Treatment Plant Lease Agreement with Neil Jones Food Company dba San Benito Foods, in substantially the same form as presented; and

2. The City Manager is hereby authorized to execute the Amendment on behalf of the City.

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th 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

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 20, 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 20, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

AMENDMENT NO. 1 TO CITY OF HOLLISTER INDUSTRIAL WASTEWATER TREATMENT

PLANT LEASE AGREEMENT
This Amendment No. 1 ("Amendment") to the Lease Agreement dated March 29, 2021 ("Lease") between the City of Hollister, a California municipal corporation ("Lessor"), and Neil Jones Food Company dba San Benito Foods ("Lessee") is made and entered into as of August 20, 2024 ("Effective Date").

RECITALS
WHEREAS, Lessor and Lessee entered into a Lease dated March 29, 2021, for the operation and maintenance of certain facilities at the Industrial Wastewater Treatment Plant, a copy of which is incorporated herein and attached hereto as Exhibit A; WHEREAS, the parties desire to amend the Lease to address costs incurred by Lessor for sludge cleanup at the Industrial Wastewater Treatment Plant ("Premises"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Lease as follows:

AMENDMENT NO. 1

1. Amended Provisions. The parties agree to amend the Lease as follows:
a. Initial Lease Term
Add the following revised wording for the first sentence of this section of the Lease:
"Initial Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The initial term of this Lease ("Lease Term") shall commence on the date of the final signature ("Lease Commencement Date"), and shall terminate at midnight on December 31, 2026, unless extended as set forth herein or terminated in accordance with the termination provisions contained in the General Terms and Conditions below."
The remainder of this section of the Lease remains the same. b. A new Section 7 is added to the Lease as follows:

7. SLUDGE CLEANUP COST REIMBURSEMENT AND ASSOCIATED TERMS

7.1 Acknowledgment of Debt. Lessee hereby acknowledges and agrees that it owes Lessor the sum of One Million Six Hundred and Eighteen Thousand Eight Hundred and Sixty-Nine Dollars and Eighty-Two Cents ($1,618,869.82) (the "Debt") for costs 1

associated with sludge cleanup efforts undertaken and completed by Lessor at the Premises.

7.2 Payment of Debt. Lessee shall pay the Debt to Lessor as follows:
a. Eight Hundred and Nine Thousand Four Hundred and Thirty-Four Dollars ($809,434.91) on or before October 31, 2024; and
b. Eight Hundred and Nine Thousand Four Hundred and Thirty-Four Dollars ($809,434.91), plus accrued interest as provided in Section 7.3 below, on or before October 31, 2025.

7.3 Interest. Beginning November 1, 2024, simple interest shall accrue on the unpaid balance of the Debt at the Local Agency Investment Fund (LAIF) interest rate in effect as of May 1, 2024 (which the parties acknowledge is 4.332%). Interest shall be calculated on the basis of a 365-day year and the actual number of days elapsed. All interest will be payable along with the final principal payment on or before October 31, 2025.

7.4 Default. Failure by Lessee to make any payment required under this Section 7 when due shall constitute an Occurrence of Default under this Lease. In the event of such default, in addition to any other remedies available to Lessor under this Lease or applicable law, the entire unpaid balance of the Debt, together with accrued interest, shall become immediately due and payable.

7.5 Lease Extension and Additional Terms.
a. Full Payment Prerequisite. No extension of this Lease beyond the initial Lease Term shall be considered or granted until Lessee has paid the Debt in full, including all accrued interest.
b. Good Faith Negotiations of Terms. While the length of the Extension Option terms and the manner of exercising the Extension Options shall remain as originally stated in the Lease, all other terms and conditions of the Lease for any extension period shall be subject to good faith negotiations between Lessor and Lessee. Such negotiations shall commence no earlier than six (6) months prior to the expiration of the then-current term and must be concluded no later than three (3) months prior to the expiration of the then-current term. c. Confirmation of Debt Payment. Upon full payment of the Debt, Lessor shall provide written confirmation of such payment to Lessee. This confirmation shall serve as evidence that the prerequisite for exercising Extension Options and commencing negotiations has been met. In the event the Lessor fails to provide 2