Hollister City Council
October 15, 2024

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, October 15, 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 recorded 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

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

5.CLOSED SESSION - REPORT OUT

6.SPECIAL ORDERS OF THE DAY

6.1 EMILIA BANUELOS ROJAS PROCLAMATION

6.2 PRESENTATION BY CALTRANS PROVIDING AN UPDATE ON HIGHWAY 156

6.3 PRESENTATION BY HEAVIN HELPS: UPLIFTING THE COMMUNITY THROUGH

OUTREACH AND SUPPORT

6.4 URBAN AREA WATER MASTER PLAN PRESENTATION
RECOMMENDED ACTION:

Receive report.

7.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.

8.COUNCIL BUSINESS

8.1 CONSIDERATION OF ACTION PERTAINING TO THE ALLEGED CONDUCT OF

VICE MAYOR ROLAN RESENDIZ IN ALLEGED VIOLATION OF MUNICIPAL CODE SECTIONS 2.04, ET AL. ALSO REFERRED TO AS THE COUNCIL CODE OF

ETHICS AND CONDUCT
RECOMMENDED ACTION:

Staff has no recommendation. This is a council matter.

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

public. There will be one public comment period for all items on the Consent Agenda.

9.1 APPROVE OCTOBER 1, 2024 MEETING MINUTES

9.2 WARRANT REGISTER OCTOBER 15, 2024
RECOMMENDED ACTION:

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

9.3 A RESOLUTION APPROVING AN APPLICATION FOR AND ACCEPTANCE OF

GRANTS FOR DESIGN SERVICES FOR THE RECONSTRUCTION OF TAXIWAY A

AND CONNECTING TAXIWAYS AT THE HOLLISTER MUNICIPAL AIRPORT RECOMMENDED ACTION:

Adopt a Resolution:

1. Approving application for and acceptance of a U.S. Department of Transportation Federal Aviation Administration (FAA) Airport Improvement Program Fiscal Year 2024-25 grant for design services for the reconstruction of Taxiway A and connecting Taxiways at the Hollister Municipal Airport (“FAA Grant”); and

2. Approving application for and acceptance of a State of California Caltrans match grant (“Caltrans Grant”); and

3. Authorizing City Manager or his designee (“Authorized Officers”) to execute FAA and CalTrans grant applications, grant agreements, and other necessary documents contemplated herein; and

4. Authorizing the Administrative Services Department to make necessary accounting and budgetary entries; and

5. Authorizing and directing the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution shall hereby be ratified, confirmed and approved in all respects.

9.4 A RESOLUTION APPROVING APPLICATION FOR AND ACCEPTANCE OF

GRANTS FOR RELOCATION AND REPLACEMENT OF A SECTION OF AIRPORT

OPERATIONS AREA PERIMETER FENCE
RECOMMENDED ACTION:

Adopt a resolution:

1. Approving application for and acceptance of a U. S. Department of Transportation Federal Aviation Administration (FAA) Bipartisan Law Fiscal Year 2024-25 grant for relocation and replacement of a section of airport operations area perimeter fence at the Hollister Municipal Airport (“FAA Grant”); and

2. Approving application for and acceptance of a State of California Caltrans match grant (“Caltrans Grant”); and

3. Authorizing the City Manager or his designee (“Authorized Officers”) to execute FAA and CalTrans grant applications, grant agreements, and other necessary documents contemplated herein; and 4. Authorizing the Administrative Services Department to make necessary accounting and budgetary entries; and

5. Authorizing and directing the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry City of Hollister City Council Meeting

out, give effect to, and comply with the terms and intent of the resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution shall hereby be ratified, confirmed and approved in all respects.

9.5 A RESOLUTION APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC. FOR SPACE TO LOCATE EQUIPMENT AT THE HOLLISTER

MUNICIPAL AIRPORT
RECOMMENDED ACTION:

1. Adopt a resolution approving a Ground Lease with ZeroAvia, Inc. for space to locate equipment at the Hollister Municipal Airport; and

2. Authorize the City Manager to execute a Ground Lease Agreement

9.6 A RESOLUTION AUTHORIZING VICE-MAYOR RESENDIZ TO USE $7,000 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR LAS

POSADAS CELEBRATION EVENTS
RECOMMENDED ACTION:

Adopt a resolution authorizing Vice Mayor Resendiz to use up to $7,000 of FY 24/25 City Council budgeted discretionary funds in financial support to Jovenes de Antaño’s for the Las Posadas celebration events, which includes up to $158 of City administrative support, and authorizing the City Manager to execute the necessary agreements.

9.7 A RESOLUTION AUTHORIZING MAYOR CASEY TO USE $22,300 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR ADVERTISING

COSTS TO VISIT SAN BENITO COUNTY
RECOMMENDED ACTION:

Adopt a resolution authorizing Mayor Casey to use up to $22,300 of FY 24/25 City Council budgeted discretionary funds, which includes up to $2,300 of City administrative support, for Visit San Benito County to advertise San Benito County as a tourist destination.

9.8 A RESOLUTION AUTHORIZING THE USE OF $11,300 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS IN FINANCIAL SUPPORT OF

THE NEW HOPE FOR YOUTH PROGRAMS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE NECESSARY AGREEMENTS
RECOMMENDED ACTION:

Adopt a resolution authorizing Councilmember Morales to use City Council FY 24/25 budgeted discretionary funds of $11,300 in financial support, which includes up to $1,300 of City administrative support, for the New Hope for Youth programs.

9.9 A RESOLUTION AUTHORIZING AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) TO PROVIDE SECTION 115 TRUST SERVICES RECOMMENDED ACTION:

Adopt a resolution authorizing an agreement with Public Agency Retirement Services (PARS) to provide Section 115 Trust Services.

9.10 RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE

OF SURPLUS REAL PROPERTY AT PROSPECT AVENUE AND JOINT ESCROW

INSTRUCTIONS
RECOMMENDED ACTION:

City of Hollister City Council Meeting

Adopt a resolution approving and delegating authority to the City Manager to execute the Agreement.

9.11 A RESOLUTION APPROVING AN AFFORDABLE HOUSING AGREEMENT

BETWEEN LYNN LAKE AND THE CITY OF HOLLISTER FOR THE AFFORDABLE UNITS LOCATED AT 204 HAWKINS STREET
RECOMMENDED ACTION:

Adopt a resolution approving the Affordable Housing Agreement between Lynn Lake and the City of Hollister for the affordable residential project located at 204 Hawkins Street.

9.12 A RESOLUTION APPROVING A CANNABIS REGULATORY PERMIT RENEWAL 2024/ 2025 CULTIVATION FOR 3GM INC.

RECOMMENDED ACTION:

Adopt a resolution approving the renewal of a regulatory permit for 3GM Inc. to operate a cannabis cultivation facility located at 1891 Airway Drive.

9.13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE

CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR A TEMPORARY

TRANSFER OF VEHICULAR EQUIPMENT TO THE HOLLISTER FIRE

DEPARTMENT
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute an agreement with the California Office of Emergency Services for a temporary transfer of vehicular equipment to the Hollister Fire Department.

9.14 A RESOLUTION AUTHORIZING A RENEWED AGREEMENT BETWEEN THE CITY

OF HOLLISTER AND HOLLISTER HIGH SCHOOL FOR POLICE SCHOOL

OFFICER SERVICES
RECOMMENDED ACTION:

Adopt a resolution approving a renewed agreement between the City of Hollister and Hollister High School for Police School Resource Officer services, authorizing the City Manager to negotiate additional revisions based on school board feedback, and authorizing the City Manager to execute the agreement.

10.COUNCIL BUSINESS

10.1 A RESOLUTION APPROVING AN AMENDMENT TO SAN BENITO COUNTY

COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the San Benito County Council of Governments Joint Powers Agreement to increase terms for member agency appointments to the Board of Directors.

10.2 A RESOLUTION EXECUTING A MASTER LEASE AGREEMENT WITH

ENTERPRISE FLEET MANAGEMENT
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute an agreement with Enterprise Fleet Management and sign all necessary documents, including any amendments, in a form approved by the City Attorney.

10.3 CONSIDERATION OF ACTION REGARDING A RESOLUTION RECOGNIZING City of Hollister City Council Meeting

AND SUPPORTING THE HOLLISTER FIRE DEPARTMENT FOR THEIR

EXCEPTIONAL SERVICE, DEDICATION, HEROISM, AND COMMITMENT TO THE

SAFETY AND WELL-BEING OF THE CITY AND ITS RESIDENTS
RECOMMENDED ACTION:

Staff has no recommendation. This is a council matter.

10.4 CONSIDERATION OF AMENDMENTS TO THE CITY COUNCIL TRAVEL POLICY RECOMMENDED ACTION:

Receive a report regarding the City Council Travel Policy and provide direction to staff regarding possible amendments, including the possible introduction of pooled travel funds. If changes are so desired, City Council to adopt a resolution making necessary changes to the City Council Travel Policy.

11.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.

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

11.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

11.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

12.CLOSED SESSION

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

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

13.ADJOURNMENT

14.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of October 15, 2024 was posted on the bulletin board at City Hall on October 11, 2024 per Government Code Section 54954.2.

City of Hollister City Council Meeting

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

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

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

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

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

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

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

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

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

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

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

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

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

PROCLAMATION

Honoring Emilia Banuelos Rojas on her 101st Birthday

WHEREAS, Emilia Banuelos Rojas is a treasured member of the Hollister community, recently marking her extraordinary 101st birthday. Born in September of 1923 in Zacatecas, Mexico, she has called Hollister, California, home since 1965; and

WHEREAS, More than just a centenarian, Emilia is the matriarch of her family, having welcomed 14 children into the world. Today, she proudly celebrates over 300 grand and great-grandchildren spread across six generations living throughout the United States; and

WHEREAS, Emilia fondly recalls her arrival in San Benito County, a time rich with agricultural abundance. She worked alongside many residents in the agricultural industry and actively participated in advancing the historic United Farm Worker (UFW) movement led by Cesar Chavez. This advocacy for human rights has made a significant impact on all future working generations and their families; and

WHEREAS, a devout Christian, Emilia actively engages in helping community members through her church, showcasing her dedication to serving those in need. Her advocacy includes participating in church-related missionary work in other countries with her daughter, and advocating for maternal and infant healthcare throughout the United States, including Washington DC, with one of her granddaughters; and

WHEREAS, at the remarkable age of 101, Emilia embraces life with enthusiasm.

Her legacy is one of love, gratitude, resilience, and an enduring commitment to her family and community.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby recognize and honor Emilia Banuelos Rojas on her 101st Birthday.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 15th day of October 2024.

_____________________________
Mia Casey, Mayor
ATTEST:

________________________________
Jennifer Woodworth, City Clerk

•Project Benefits:
o Saves accident and vehicle operating costs,
$34.6 million over 20 years
o Reduces congestion delay by 1,902 hours
daily, 694,257 yearly
o Provides $102.8 million return on
investment over 20 years
•Project Cost: $130.7 million
•Timeline: August 2022 –Fall 2025
10/15/24
Project Overview

•Union Road reopened on 10/11!
•This closure was necessary to reconstruct the Union
Road/SR 156 intersection to align and improve access
with new Expressway
•The temporary traffic signals at 4th Street/Business
156 and San Juan Hollister Road have been removed
•Access to/from San Juan Hollister Road from Union
Road has also been removed
Union Road Reopening
10/15/24

•At the reopening of Union Road, several major construction milestones occurred:
•Traffic on SR 156 shifted onto the new Expressway just south of the existing highway
•A new roundabout opened at Bixby Road
•The bypass exit ramp to Business 156/4th Street from eastbound SR 156 reopened
•Caltrans closed a small part of Mitchell Road just north of SR 156, for approximately eight weeks
•These activities occurred simultaneously with the Union Road reopening Major Milestones
10/15/24

Upcoming Traffic Shift
•Eastbound SR 156 drivers transition to the new
lanes just east of The Alameda in San Juan
Bautista
•Westbound SR 156 drivers transition to the new
lanes just west of Business 156/4th Street in
Hollister
•During this stage of construction, Caltrans will
maintain at least one lane in each direction along
the new SR 156 expressway
•The existing SR 156 will remain open to local
traffic while being transitioned to a frontage road
Traffic Shift
10/15/24

Bixby Road Roundabout
•Drivers are also encountering a new feature:
•A new roundabout at the Bixby Road
intersection
•The roundabout will eventually be a two-lane
roundabout upon completion of the project
•Access is also provided to/from the old SR 156
and to an unpaved access road for private
properties south of the highway
Bixby Roundabout Opening
10/15/24

Mitchell Road Closure
•At the same time as the traffic shift, a small portion of Mitchell Road closed approximately 8 weeks
•This closure is necessary to reconstruct the
intersection of Mitchell Road and align with the new
SR 156 expressway
•Traffic to be detoured around via Frietas Road and
Bixby Road
•The existing SR 156 will remain open to local traffic
while being transitioned to a frontage road
•Caltrans is in communication with several Mitchell
Road businesses
Mitchell Road Closure
10/15/24

Public Outreach
•Key Stakeholder Presentations –Early October
•City of Hollister City Council, San Benito County Board of Supervisors, City of San Juan Bautista
•Press Release(s)
•Outreach Flier in English/Spanish
•Distributed early October
•Mailed to nearly 200 properties just north/south of SR 156 between Bixby and San Juan Hollister Road
•Social Media in English/Spanish –Distribution early October (SBCOG and Caltrans D5) •Temporary, portable CMS signs in advance of the traffic changes •Caltrans District 5 Public Information team at 805-549-3318 or [email protected] Public Outreach
10/15/24

•News Releases
o Sent by Caltrans PIO Jim Shivers ([email protected]) •Social Media
o Council of San Benito County Governments –Facebook (Council of San Benito County Governments –COG) | Instagram (@sanbenitocog)
o Caltrans District 5 –Facebook (Caltrans Central Coast (District 5)) | Instagram (@caltrans_d5) | Twitter (@CaltransD5) •Public Contact
•805-549-3318 | [email protected]
10/15/24
Public Communications

Subject: Request for $80,000 in Funding for Heavin Helps Dear City Council Members,
I am requesting $80,000 to support Heavin Helps, a nonprofit organization providing outreach, housing, and services to the unhoused in Hollister. This funding will cover key start-up and operational expenses, enabling us to meet community needs effectively.

Funding Breakdown:

1. Office Space and Utilities – $25,000
For securing office space and covering utilities for the first year.

2. Outreach Vehicle – $20,000
To purchase and insure a vehicle for outreach and client transport.

3. Operational Costs – $25,000
For salaries of outreach workers and essential program expenses.

4. Technology and Equipment – $5,000
To acquire computers, mobile devices, and supplies for operations.

5. Training and Compliance – $5,000
For staff training in trauma-informed care and Medi-Cal billing compliance.

Your support will enable us to reduce homelessness and improve public health. Thank you for your consideration.

Sincerely,
Timothy Heavin
Founder, Heavin Helps

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Public Works-2024-34

AGENDA ITEM: URBAN AREA WATER MASTER PLAN PRESENTATION

DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director

RECOMMENDED ACTION: Receive report.

DISCUSSION: The Hollister Urban Area Water and Wastewater Master Plan (Master Plan) was completed in 2008 and updated in 2017. The Master Plan provides a long -term vision for water, wastewater, and recycled water management actions and infrastructure improvements to improve water quality and reliability. The Master Plan also identified the need for the region to begin preliminary work toward the development of additional lo ng- term water supplies to serve the region in times of drought. Since 2008 and 2017 the projects identified in the Master Plan have been completed. The original Master Plan contemplated periodic updates.

The most recent update, the San Benito Urban Areas Water Supply and Treatment Update, was completed in the fall of 2023.

In August of 2021, SBCWD, SSCWD, City of Hollister, City of San Juan Bautista, and the County of San Benito Entered into a Memorandum of Understanding (MOU) agreeing to update the Master Plan in order to confirm water demand forecasts, identify preferred long term water supply options and incorporate San Juan Bautista into the urban water supply planning. At the time of entering the MOU, the City of Hollister had begun a City General Plan Update and was addressing LAFCO issues related to wastewater services, as a result, the MOU states that the update will primarily address water supply. However, the water supply issues are a direct result of wastewater effluent compliance goals. The water quality goals found in the update are to ensure wastewater salinity targets are met to avoid fines and penalties from the Water Resources Control Board.

The updated master plan presents a series of projects, as well as the alternatives considered, to achieve a reliable supply of high-quality water to the urban areas in San Benito County for existing and future residents. A key near-term project is the Accelerated Drought Resiliency Project, referred to as ADRoP. This project is needed to improve the reliability of water supplies for existing residents during drought conditions. ADRoP consists of the expansion of the West Hills Water Treatment Plant, conveyance pipelines, and the installation of 5 aquifer storage and recovery wells near Fallon Road. The City and SSCWD previously provided letters of support for the project for inclusion in grant applications, three of which have been awarded, totaling an estimated amount of $22.5 Million in State and Federal grants.

Additional projects in the master plan update were identified, including the B.F. Sisk Dam Raise & Reservoir Expansion project, which is a joint effort between various water

agencies and the US Bureau of Reclamation. This project would achieve additional surface water storage at San Luis Reservoir. Other potential projects, such as the North Area Groundwater Project, also show strong potential and may be considered in future Master Plan updates.

FISCAL IMPACT: These projects are scheduled to be funded by a Water Reliability Charge that is included in the Raw Water Charge for water treated at the water treatment plants and delivered to City of Hollister and Sunnyslope County Water District customers.

The current reliability charge is $175 per acre foot of water (325,851 gallons) and will increase to $250 per acre foot in March 2025. Currently, this amounts to about $435,000 per year for the City from the Water Enterprise Fund (620), depending on the amount of surface water used.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: This presentation is not a project pursuant to California Environmental Quality Act Statute Section 21065 and Guidelines Section 15378(b)(5), as it is an administrative activity of government that will not result in direct or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS:

1. Presentation

San Benito Urban Areas
October 15, 2024
Water Supply and Treatment Master Plan

01 Background Review
02 Master Plan Objectives & Key Findings
03 ADRoP Update
04 Next Steps
Agenda

Background
•Agencies recognized the need to coordinate on water and wastewater planning and implementation
•A coordinated Master Plan was identified as the best method to incorporate all agencies needs and concerns
Original
Master
Plan
2008
Amended
MOU
2007
Amended
MOU
2014
Updated
Master
Plan
2017
Amended
MOU
2021
Updated
Master
Plan
2023
2000 20152005 20202010
Original
MOU
2004
Coordinated Water
Supply and
Treatment Plan
2010

Major Accomplishments
Approximately $150M in Capital Infrastructure
City’s
Wastewater
Reclamation
Facility
2010
Recycled Water
Transmission
Facilities
2016
Ridgemark
Wastewater
Treatment Plant
2013
West Hills WTP
Completed
2017
Hollister /
Sunnyslope
Crosstown
Pipeline
2018
Original Master
Plan
2008
2005 2015 20202010
Lessalt WTP
Upgrade
2014

Objectives of the 2023 Master Plan Update
•Provide continuous improvement towards achieving drinking water and recycled water quality goals. Hardness is the focus for M&I supply. •Continue efforts to identify and implement water supply options to increase dry year water supply reliability.
•Provide reliable and sustainable water supply to respond to long-term growth needs.
•Address and mitigate impacts to groundwater quality and supply •Coordinate with ongoing programs including SGMA, the Managed Aquifer Recharge (MAR) project, and supply of treated surface water to SJB. •Continue to address water needs through coordinated regional solutions.

Master Plan Key Findings
•Water hardness level of service goals are key driver
•180mg/L requires ~80% imported surface water
•Current water supply is sufficient to meet current
water demand in normal years
•Deficit of high-quality for existing customers in dry
years
•~1,200 AFY
•Additional supply of high-quality water is needed for
growth beyond 2025

Master Plan Key Recommendations
•Implement Phase 1 of ASR Project (ADRoP) to meet
water supply needs for existing customers in dry
years
•Pursue BF Sisk Dam Raise in collaboration with
USBR
•Implement treated water transmission pipeline from
West Hills WTP to San Juan Bautista

Accelerated Drought Response Project (ADRoP ) Update
Project Capacity
•Injection: 3,200 AFY Capacity in Wet Years
•CVP, Exchange Contractors, Yuba Water
•Extraction: 2,600 AFY Max, 1,300 AFY Average
Project Elements
•Expansion of West Hills WTP
•Design and CEQA Complete
•Bid in October
•5 ASR Wells and New Pipelines
•Finalizing well sites
•Design / CEQA / NEPA Underway
•Bid in Q1 2025
Schedule: Now through mid-2026
Cost: ~$46 Million CapEx
Subject to Change

ADRoP Funding and Finance Approach
Grant Funding Target Grant
Request Grant Award Match Required
DWR –IRWM $1.8M $1.8M 50%
DWR –SGMA Round 2 $20M $11.5M 0%
USBR –Small Storage ~$9.2M Selected 75%
Potential Total Grant Funding ~$22.5
•Strategy for Balance of Capital Recovery and O&M Costs

•Complete Design and Permitting of ADRoP, Initiate Construction •Keep multiple supply options in play to provide long term flexibility (including contract purchases, transfers, ASR, NAGW, BF Sisk, and PREP)
•Complete design and permitting for the SJB Pipeline
•Finalize Funding and Financing Strategies
•Update Institutional Agreements
•Stakeholder Outreach
•Evaluate timing of Wastewater / Recycled Water Master Plan •Update Master Plan in 5 years
Next Steps

Questions

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

October 1, 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 Morales led the Pledge of Allegiance.

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

5. SPECIAL ORDERS OF THE DAY

5.1 BINATIONAL HEALTH WEEK PROCLAMATION
Mayor Casey presented the proclamation for Binational Health Week.

Vice Mayor Resendiz arrived at 4:01 p.m.

Councilmember Resendiz reported San Benito Health Foundation Board Member Montoya donated a painting and requested it be hung in City Hall.

5.2 PRESENTATION BY SAN BENITO COUNTY REGISTRAR OF VOTERS San Benito County Registrar of Voters Francisco Diaz provided a presentation regarding the upcoming November 5, 2024 election.

Mayor Casey opened public comment at 4:13 p.m.

2 Andy Hsia-Coron dedicated his remarks to the Amah Mutsun people, supported the ability of former felons to serve in public service, and raised concerns regarding his remarks being interrupted at a recent planning commission meeting.

Mayor Casey closed public comment at 4:16 p.m.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Andy Hsia-Coron raised concerns regarding the state of democracy in San Benito County, including the initiative process.

Elia Salinas raised concerns regarding Councilmember Resendiz's conduct towards members of the public and potential violations of the law.

7. CONSENT ITEMS
Councilmember Resendiz pulled Item 7.3 from the consent calendar.

Mayor Casey opened public comment at 4:25 p.m.

Andy Hsia-Coron spoke in support of Item 7.3, the tractor parade street closure.

Mayor Casey closed public comment at 4:28 p.m.

Rolan Resendiz, District 2 left the meeting at 4:29 pm.

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

The consent calendar items are approved, except for Item 7.3.

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

7.1 APPROVE SEPTEMBER 17, 2024 MEETING MINUTES

7.2 A RESOLUTION APPROVING AMENDMENTS THE CITY OF

HOLLISTER PLANNING COMMISSION & FIRE PROTECTION

ADVISORY COMMITTEE BYLAWS
Moved by: Councilmember Morales
Seconded by: Councilmember Burns

3 Adopt a resolution approving the amendments to the City of Hollister Planning Commission bylaws and Fire Protection Advisory Committee bylaws as recommended by these advisory bodies.

Carried

7.4 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $7,600 IN FINANCIAL SUPPORT OF

THE CITY PARKS AND RECREATION DEPARTMENT FOR EIGHT PET

WASTE STATIONS
Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution authorizing Councilmember Burns to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $7,600 in financial support of the City Parks and Recreation Department of eight Pet Waste Stations throughout the city.

Carried

7.5 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS TO USE $6,600 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY

FUNDS FOR SIGN REPLACEMENT AT THE ENTRANCE OF THE

SUNNYSLOPE VILLAGE SUBDIVISION
Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution authorizing Councilmember Burns to use up to $6,600 of FY 24/25 City Council budgeted discretionary funds for a sign replacement at the entrance of the Sunnyslope Village subdivision and authorizing the City Manager to execute the necessary agreements.

Carried

7.6 A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. FOR ON-CALL AIRPORT AND CIVIL

ENGINEERING SERVICES FOR THE HOLLISTER MUNICIPAL
AIRPORT WITH A TERM AGREEMENT TO END ON AUGUST 20, 2025.

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

4 1. Adopt a resolution approving Amendment No. 2 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for On-Call Airport and Civil Engineering Services for the Hollister Municipal Airport with a term Agreement to end on August 20, 2025; and

2. Authorize City Manager to execute Agreement Amendment No. 2.

Carried

7.7 A RESOLUTION AUTHORIZING AN AGREEMENT WITH PUBLIC

AGENCY RETIREMENT SERVICES (PARS) TO PROVIDE SECTION
115 TRUST SERVICES
Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution to enter into an agreement with Public Agency Retirement Services (PARS) to establish an Internal Revenue Code Section 115 Trust for the purpose of prefunding Other Post-Retirement Benefits (OPEB) and defined benefit pension liabilities and authorize the City Manager to execute all agreements necessary to establish the Section 115 Trust.

Carried

7.8 A RESOLUTION APPROVING THE TEMPORARY DOUBLE-FILLING

OF THE INFORMATION SYSTEMS & TECHNOLOGY DIRECTOR

POSITION
Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution authorizing the City Manager to temporarily double-fill the Information Systems & Technology Director (IT Director) position during Fiscal Year 2024-25 for a period not to exceed three months.

Carried

7.9 RESOLUTIONS APPROVING THE TRADITIONAL ROOTS / BUSTAN CANNABIS REGULATORY PERMIT RENEWAL 2024/ 2025

MANUFACTURING & CULTIVATION

5 Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt two resolutions for the renewal of two regulatory permits, one for cultivation and one for manufacturing, currently held by Traditional Roots / Bustan at 1091 San Felipe Road for the 2024-2025 year.

Carried

7.3 A RESOLUTION APPROVING A TEMPORARY STREET CLOSURE

FOR A TRACTOR PARADE
City Clerk Jennifer Woodworth provided the staff report.

Councilmember Resendiz expressed concern that public funds were being used to support a political campaign.

City Attorney Mary Lerner stated the City cannot deny a permit based on the content and viewpoint of the event.

City Manager David Mirrione provided information regarding the costs of public events in the City.

Councilmember Burns stated all public event permit applicants pay the same fees.

Rolan Resendiz, District 2 joined the meeting at 4:34 pm.

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Adopt a resolution approving the temporary street closure of San Benito Street between Fifth Street and Nash Road for a tractor parade.

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

8. PUBLIC HEARINGS

8.1 A RESOLUTION AMENDING THE FISCAL YEAR 2024-25 USER FEE

SCHEDULE TO MAKE MINOR ADMINISTRATIVE CHANGES
Administrative Services Director Casey Estorga provided the staff presentation.

6 Mayor Casey opened the public hearing at 4:38 p.m.

Andy Hsia-Coron supported the City pursuing the maximum fees to help fund City services.

Mayor Casey closed the public hearing at 4:40 p.m.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales

Hold a public hearing and adopt a resolution making minor administrative changes to the Fiscal Year 2024-25 User Fee Schedule.

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

9. COUNCIL BUSINESS

9.1 PRESENTATION ON SINGLE USE PLASTICS
Monica Abonce with Integrated Waste Management provided the staff report.

Councilmember Morales stated information regarding potential costs of materials and labor, potential subsidies to offset costs, and resources for businesses would be helpful to understand the potential impact of the proposed ordinance prior to adoption.

Mayor Casey opened public comment at 5:06 p.m.

Andy Hsia-Coron expressed concern regarding the negative impacts of plastic materials on the environment and health of animal and human populations.

Jakki Castorena-Davila, consultant with Integrated Waste Management, reported she can share information gathered following implementation of a plastics ordinance in other jurisdictions, including enforcement.

Mayor Casey closed public comment at 5:13 p.m.

Councilmember Resendiz suggested the Council receive another presentation after the draft ordinance is released in January 2025.

9.2 CONSIDER THE FORMATION OF A JOINT POWERS AUTHORITY
(JPA) TO OVERSEE THE FIRE DISTRICT FEASIBILITY STUDY
Fire Chief Jonathan Goulding provided the staff report.

Mayor Casey opened public comment at 5:17 p.m.

7 Andy Hsia-Coron commented on the danger of fires in the region and its impact on residents and wildlife.

Elia Salinas stated the City is required to provide for the public safety of its residents and supported creation of a San Benito County Fire Protection District.

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

Moved by: Councilmember Morales
Seconded by: Councilmember Burns

Authorize the city council representatives to the Fire Protection Advisory Committee to discuss and negotiate terms for creation of a Fire Services Joint Powers Authority (JPA) to explore formation of a Fire District in San Benito County in partnership with the City of San Juan Bautista and the County of San Benito.

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

9.3 DISCUSSION RELATED TO POTENTIAL AMENDMENTS TO
CHAPTER 2.04 OF THE MUNICIPAL CODE TO UPDATE THE

COUNCIL CODE OF CONDUCT
City Attorney Mary Lerner provided the staff report.

Mayor Casey opened public comment at 5:30 p.m.

Andy Hsia-Coron opposed the proposed amendments to the Council Code of Conduct.

Mayor Casey closed public comment at 5:33 p.m.

Councilmember Burns suggested if a councilmember does not have sufficient funds for an investigation, then the costs should be applied to the next fiscal year, if possible. If a councilmember does not serve in the following fiscal year, then the City may have to absorb the costs.

Mayor Casey expressed concern regarding disclosure of confidential information from closed session.

Councilmember Resendiz expressed that the proposed changes to the Council Code of Conduct could violate individual's free speech rights under the First Amendment.

8 By consensus, the City Council directed staff to make the suggested updates regarding rolling investigation costs into the discretionary funds for the following fiscal year.

9.4 LETTER TO CALIFORNIA ASSEMBLY SPEAKER ROBERT RIVAS
REGARDING HIGHWAY 25 EXPANSION
City Manager David Mirrione provided the staff report.

Councilmember Resendiz requested the project be placed on the agenda for various state legislative committees related to funding and vehicles miles traveled.

Binu Abraham, Executive Director for San Benito Council of Governments, provided additional information related to advocacy at the s tate and regional level.

City Manager David Mirrione stated funding legislation would have to be sponsored by a member of the legislature.

Councilmember Resendiz suggested Ms. Abraham provide monthly updates to the City Council on the project.

Councilmember Burns suggested the City may need to hire a consultant to pursue legislation for Highway 25 funding.

Mayor Casey opened public comment at 5:54 p.m.

Andy Hsia-Coron expressed the concern the state does not have additional funds for the project, and Highway 25 is not a priority at the state level.

Mayor Casey closed public comment at 5:57 p.m.

Councilmember Resendiz supported the need for the City to pursue tangible progress on Highway, including funding.

City Manager David Mirrione reported he plans to b ring a contract for an outside lobbyist forward for Council consideration.

Moved by: Mayor Casey
Seconded by: Councilmember Resendiz

Authorize City staff to send a letter to California Assembly Speaker Robert Rivas regarding proposed expansion of Highway 25.

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

9 10. INFORMATIONAL REPORTS

10.1 COMMITTEE ASSIGNMENTS
Mayor Casey reported the motorcycle rally ad hoc committee met and discussed holding a town hall style meeting to discuss the motorcycle rally.

10.2 COUNCIL REPORTS
Mayor Casey reiterated her request for a disciplinary hearing for Councilmember Resendiz at a future Council meeting.

10.3 CITY MANAGER REPORT

1. UPDATED CITY COUNCIL PROJECTS

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

Mayor Casey opened public comment at 6:23 p.m.

There were no speakers for the closed session agenda items.

Mayor Casey closed public comment at 6:23 p.m.

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

11.2 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Conference with Legal Counsel - Existing Litigation
Name of Case: City of Hollister v. Civic Allendale, LLC Case No. CU-24-00015

11.3 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)

12. ADJOURNMENT
Mayor Casey adjourned the meeting into closed session at 6:24 p.m.

Councilmember Resendiz left the meeting at 6:24 p.m.

At 7:41 p.m. the City Council adjourned closed session.

10 City Attorney Mary Lerner provided the following closed session report:

Councilmember Burns moved, and Councilmember Perez seconded a motion to initiate litigation against Yvonne Sanchez and The Baler Bar and Grill.

Motion carried 4-0 (Councilmember Resendiz absent).

Mayor Casey adjourned the meeting at 7:42 p.m.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Finance-2024-16

AGENDA ITEM: WARRANT REGISTER OCTOBER 15, 2024

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Casey Estorga, Administrative Services Director STAFF CONTACT: Maricela Romero, Account Tech II

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

FISCAL IMPACT: 23/24 & 24/25

ATTACHMENTS:

1) Expense Approval Register PYR 8-14-24
2) Expense Approval Register AP 8-19-24
3) Expense Approval Register DP 8-21-24
4) Expense Approval Register AP 8-23-24
5) Expense Approval Register AP 8-26-24
6) Expense Approval Register AP 8-27-24
7) Expense Approval Register AP 8-28-24
8) Expense Approval Register PYR 8-28-24
9) Expense Approval Register DP 9-4-24
10) Expense Approval Register AP 9-5-24
11) Expense Approval Register AP 9-11-24
12) Expense Approval Register PYR 9-11-24
13) Expense Approval Register AP 9-17-24
14) Expense Approval Register DP 9-18-24

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Airport-2024-15

AGENDA ITEM: A RESOLUTION APPROVING AN APPLICATION FOR AND

ACCEPTANCE OF GRANTS FOR DESIGN SERVICES FOR THE

RECONSTRUCTION OF TAXIWAY A AND CONNECTING TAXIWAYS AT THE

HOLLISTER MUNICIPAL AIRPORT

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

RECOMMENDED ACTION: Adopt a resolution:

1. Approving application for and acceptance of a U.S. Department of Transportation Federal Aviation Administration (FAA) Airport Improvement Program Fiscal Year 2024-25 grant for design services for the reconstruction of Taxiway A and connecting Taxiways at the Hollister Municipal Airport (“FAA Grant”); and

2. Approving application for and acceptance of a State of California Caltrans match grant (“Caltrans Grant”); and

3. Authorizing City Manager or his designee (“Authorized Office rs”) to execute FAA and CalTrans grant applications, grant agreements, and other necessary documents contemplated herein; and

4. Authorizing Administrative Services Department to make necessary accounting and budgetary entries; and

5. Authorizing and directing the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution shall hereby be ratified, confirmed and approved in all respects.

DISCUSSION: The Federal Aviation Administration (FAA) administers the Airport Improvement Program (AIP) and the issuing of grants for eligible infrastructure improvements. The City has identified its FAA designated Fiscal Year (FY) 2024-25 AIP project as design services for the reconstruction of Taxiway A and connecting Taxiways D, E and F, representing over 10,000 linear feet of pavement. Taxiway A is the parallel taxiway to the Airport’s main Runway 13-31.

The project will enhance airfield safety and bring th e airport into compliance with FAA standards by: (i) reconstructing the failing pavement of the parallel Taxiway A and connecting Taxiways; (ii) the removal of the existing acute angled Taxiway D pavement and replacement with a right-angled connecting taxiway; and (iii) the removal of the existing Taxiway J pavement to eliminate direct access to Runway 6/24 from the apron.

The project will demonstrate the City/Airport’s continued efforts to meet its federal grant assurance of maintaining a safe and operable airfield.

Design services will be performed by the Airport’s On-Call Airport and Civil Engineering Services consultant, Kimley-Horn, and includes preparation of plans and specifications and assisting the City/Airport with bidding the project. The FAA has approved the scope of the design services and an Independent Fee Estimate of the consultant costs for this project.

The project for design services is included in the current Airport Capital Improvement Plan (ACIP) on file with FAA, and in the current Capital Improvement Plan (CIP) on file with Caltrans Division of Aeronautics. FAA AIP funding is ninety percent (90%) for eligible airport improvements. Caltrans Division of Aeronautics (S tate) funding when available is five percent (5%) of the federal grant amount up to a maximum match of $150,000.

Staff is requesting Council’s authorization to submit grant application s and accept grant agreements for this project at this time to be responsive to the FAA and State grant processing timelines.

FISCAL IMPACT: If awarded, the total project cost based on the FAA grant application is $835,881 and would be supported by an FAA grant amount requested is $752,293 (90%), State match request of $37,615 (5%) and a City match of $45,973, with the City’s overall obligation being up to $83,588 in the event Caltrans does not fully participate.

Funding for the City match is the Airport Enterprise Fund 601. Upon acceptance of the FAA grant award, the City Administrative Services Department will make necessary accounting and budgetary entries in the Airport Enterprise Fund 601 and the Federal Aviation Admin Grant Fund 212 and FY 2024-25 budgets.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Project Sketch

3. FAA Grant Application

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN APPLICATION FOR AND ACCEPTANCE OF A

FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT
PROGRAM FISCAL YEAR 2024-25 GRANT FOR DESIGN SERVICES

FOR THE RECONSTRUCTION OF TAXIWAY A AND CONNECTING

TAXIWAYS AT THE HOLLISTER MUNICIPAL AIRPORT

WHEREAS, the City of Hollister (“City”) owns and operates the Hollister Municipal Airport; and

WHEREAS, the Federal Aviation Administration (FAA) administers the Airport Improvement Program (AIP) and the issuing of grants for eligible infrastructure improvements. The FAA designated Fiscal Year (FY) 2024 -25 AIP project is design services for the reconstruction of Taxiway A and connecting Taxiways D, E and F, representing over 10,000 linear feet of pavement; and

WHEREAS, design services are contemplated to be performed by the Airport’s On-Call Airport and Civil Engineering Services consultant Kimley-Horn and include preparation of plans and specifications and assisting the City/Airport with bidding the project. FAA approved the scope of the design services and an Independent Fee Estimate of the consultant costs for this project; and

WHEREAS, FAA AIP funding is at ninety percent (90%) for eligible airport improvements.

Caltrans Division of Aeronautics (State) funding when available is five percent (5%) of the federal grant amount up to a maximum match of $150,000; and

WHEREAS, if awarded, the total project cost based on the FAA grant application is $835,881. The FAA grant amount requested is $752,293 (90%), State match to be requested is $37,615 (5%) and the City match will be $45,973, with the City’s overall obligation being up to $83,588 in the event Caltrans does not fully participate. Funding for the City match is the Airport Enterprise Fund 601.

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

1. Approve application for and acceptance of a U.S. Department of Transportation Federal Aviation Administration Airport Improvement Program Fiscal Year 2024 -25 grant for design services for the reconstruction of Taxiway A and connecting Taxiways at the Hollister Municipal Airport (“FAA Grant”); and

2. Approve application for and acceptance of a Stat e of California Caltrans match grant (“Caltrans Grant”); and

Resolution No. 2024-XX

3. Authorize Administrative Services Department to make necessary accounting and budgetary entries; and

4. Authorize City Manager or his designee (“Authorized Officers”) to execute FAA Grant applications, FAA Grant agreements, and other necessary documents contemplated herein; and

5. Authorize City Manager or his designee to execute Caltrans Grant applications, Caltrans Grant agreements, and other necessary documents contemplated herein ; and

6. The City hereby authorizes and directs the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in or der to carry out, give effect to, and comply with the terms and intent of this resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of this resolution are hereby ratified, confirmed and approved in all respects.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-100, Application for Federal Assistance
(Development and Equipment Projects)
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200; no assurance of confidentiality is provided. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

INSTRUCTIONS FOR FORM 5100-100
PART I – Application for Federal Assistance
Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424. The remaining parts of Form 5100-100 (Parts II, III and IV) represent continuation pages that the Sponsor must attach to the associated SF-424 form. The signature of the Sponsor’s authorized representative on the SF-424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-100 form.

PART II – Project Approval Information
This information is necessary for the Federal Aviation Administration to evaluate this request for Federal assistance. Responses do not require an explanation unless explicitly requested by the question.

SECTION A. STATUTORY CONDITIONS
Item 1 – Indicate whether the Sponsor maintains an active registration in the Federal System for Award Management (SAM). Pursuant to 2 CFR §25.200(b), a Sponsor must maintain an active registration in the Central Contractor Registration repository (housed within SAM) with current information at the time of the application and during the active period of the Federal award.

Item 2 – Indicate whether the Sponsor can commence the project within the same fiscal year the grant is made or within 6 months of when the grant is made, whichever is later. Attach explanation for negative responses. This information is considered when allocating discretionary funds. (49 U.S.C. § 47115(d)(2))

ii
Item 3 – Indicate whether the Sponsor can complete the project without unreasonable delays. If applicable, provide listing of foreseeable events (winter shutdown, land acquisition issues, non- aeronautical events, etc.) that have potential to delay completion of the project. (49 USC § 47106(a)) Item 4 – Indicate whether the environmental review (i.e. environmental assessment, mitigated FONSI, etc.) identified impacts or effects on the environment that require mitigating measures that lessen the impact or effect on the environment. If yes, provide a summary listing of mitigating measures. (49 U.S.C. § 47106(c))
Item 5 – Indicate whether the project covered by this request is also covered by an approved Passenger Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check boxes (49 U.S.C. § 40117(d) and 2 CFR § 200.403). If the approved PFC application only addresses the Sponsor’s AIP matching share, select the appropriate check box.

If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number.

Item 6 – Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs as defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not include the indirect costs claimed by a for-profit entity (e.g. consultant). The de minimis rate may only be used if the Sponsor has not previously received a negotiated Indirect Cost Rata (ICR) and does not exceed the limitations prescribed in Appendix VII to Part 200.
A Sponsor with an existing approved negotiated ICR must identify the ICR value, the name of the cognizant agency that approved the ICR and the date of approval.

SECTION B. CERTIFICATION REGARDING LOBBYING
This section addresses the Sponsor’s declaration regarding lobbying activities. The declaration made in the section are under signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached.

Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this certification attests that the Sponsor has not made, and will not make, any payment prohibited payment by 31 U.S.C. § 1352.

FAA Form 5100-100

FAA Form 5100-100 iii
SECTION C. REPRESENTATIONS AND CERTIFICATION

1.Compatible Land Use (49 U.S.C. § 47107(a)(10)) – Identify actions the Sponsor has taken to assure land uses in close proximity to the airport are compatible with normal airport operations.

2.Defaults – Confirm that Sponsor is not in default on any obligation to the United States or any agency of the United States government.

3.Possible Disabilities – Confirm that Sponsor has no facts or circumstances (i.e. legal, financial or otherwise) that might adversely affect the Sponsor in completing the project and carrying out the provisions of the associated Grant Assurances.

4.Consistency with Local Plans (49 U.S.C. § 47106(a)) – Confirm project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan.

5.Consideration of Local Interests (49 U.S.C. § 47106(b)) – Confirm the Sponsor has given fair consideration to the community in and near the project.

6.Consultation with Users (49 U.S.C. § 47105(a)) - Confirm the Sponsor has consulted with airport users that will be affected by the project.

7.Public Hearings (49 U.S.C. § 47106(c)) – For projects involving the location of an airport, runway or major runway extension, confirm the Sponsor:
a.Provided an opportunity for a public hearing to consider economic, social and environmental effects of the project.
b.Has voting representation from the communities in which the project is located; or has advised the communities that they have the right to petition the Secretary about the proposed project.

8.Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water quality standards.

9.Exclusive Rights (49 U.S.C. § 47107(a) – Identify all instances of exclusive rights to conduct aeronautical services at the airport.

10.Land (49 U.S.C. § 47106(b)) –
a.Identify property interests specific to the development project and/or land acquisition. The declaration of property interest is to be based upon a title opinion submitted by an attorney. When identifying the property interest, use the same parcel numbers as used to identify the property on the associated Exhibit A property map.

Example: “Sponsor maintains property interest as depicted within the property table on the Exhibit A property map dated __/__/__ originally filed with AIP Project ###.” b.Complete this subpart if the Sponsor proposes a project for which they have not yet obtained appropriate property interests. Note that the work may not commence until Sponsor obtains acceptable property interests. Identify such property by parcel number that corresponds to the associated Exhibit A property map. c.Complete this subpart when acquiring property interests under the grant. Identify such property by parcel number that corresponds to the associated Exhibit A property map.

FAA Form 5100-100 iv
PART III – Budget Information
SECTION A. GENERAL

1.Assistance Listing Number - Show the Assistance Listing Number from which the assistance is requested.

2.Functional or Other Breakout: Indicate “Airport Improvement Program”. Prepare a separate set of Part III forms for other Federal program categories.

SECTION B. CALCULATION OF FEDERAL GRANT
When applying for a new grant, use the Total Amount Column only. Use all columns when requesting revisions of previously awarded amounts.

Line 1 - Enter amounts needed for administration expenses, which may include such items as: legal fees, mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to administer the grant.

Line 2 - Enter amounts pertaining to allowable preliminary expenses. These include such expenses as independent fee estimate preparation, advertising expenses and permits.

Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way.

Line 4 - Enter fees for architectural engineering basic services.

Line 5 - Enter amounts for architectural engineering special services (e.g. surveys, tests and borings).

Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs.

Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11.

Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1.

Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non-profit organizations for moving expenses and replacement housing.

Line 10 - Enter the cost of demolition or removal of improvements on developed land. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15.

Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility. Include in this category the amounts of project improvements such as grading, drainage, paving, marking, lighting, buildings, seeding/sodding, etc.

Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS equipment, interactive training, NAVAID equipment, etc.) Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories.

FAA Form 5100-100 v
Line 14 - Enter the sum of Lines 1-13.

Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Examples include vehicle trade-in value, sale of millings resulting from project, credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages.

Line 16 - Enter the difference between Line 14 and Line 15.

Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to Federal participation. Refer to Section C, exclusions.

Line 18 – Enter the subtotal sum of Lines 16 and 17. (This is the amount to which the matching share ratio prescribed in program legislation is applied.)
Line 19 - Indicate the total amount of the Federal assistance requested. This value is determined by multiplying the grant participation rate by the amount indicated in line 18.

Line 20 – Indicate the amount of the Grantee’s share (from Section D).

Line 21 – Indicate the amount of other shares (from Section D) Line 22 – Indicate sum of Lines 19, 20 and 21.

SECTION C. EXCLUSIONS
Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B.

SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 24 a-g - Show the source of the grantee’s share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E - Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non-cash contribution, explain what this contribution will consist of.

Line 24h - Indicate total of Lines 24 a-g. This amount must equal the amount in Section B, Line 20.

Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency. If there is a non-cash or other contribution, explain what the contribution will consist of under Section E - Remarks.

Line 25b - Show the amount that will be contributed from other sources. If there is a non-cash contribution, explain what the contribution will consist of under Section E - Remarks.

Line 25c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B, Line 21.

Line 26 - Enter the totals of Lines 24h and 25c.

SECTION E. OTHER REMARKS
Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary.

FAA Form 5100-100 vi
PART IV – Program Narrative
Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only.

1.OBJECTIVES AND NEED FOR THIS ASSISTANCE
Provide a short and concise description of the proposed improvement. Include a narrative on why this improvement is needed.

2.RESULTS OR BENEFITS EXPECTED
Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public.

3.APPROACH
a.Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work.
b.Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as construction approach, reductions in cost or time or extraordinary social and community involvements.
c.Provide projections of project milestone dates. As a minimum, identify target dates for defining project costs (i.e. bid opening or completion of negotiations), anticipated issuance of notice-to- proceed and anticipated project completion date.
d.Identify monitoring and oversight mechanisms the Sponsor proposes to implement. e.List key individuals and entities such as consultant, Sponsor personnel and contractor who will work on the project. Provide a short description of the nature of their effort or contribution.

4.GEOGRAPHIC LOCATION
Identify location of the project. This will typically be the name of the airport.

5.IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION:
a.Describe the relationship between this project and other work planned, anticipated or underway under the Federal Assistance listed under Part II, Section A, Item 5. b.Explain the reason for all requests for supplemental assistance and justify the need for additional funding.
c.If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope, budget, or objectives have changed or an extension of time is necessary, explain the circumstances and justify.

6.SPONSOR’S REPRESENTATIVE
Identify contact information of Sponsor’s representative.

FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 7 U.S. Department of Transportation
Federal Aviation Administration
OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 6/30/2023
Application for Federal Assistance (Development and Equipment Projects) PART II – PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.

Item 1.

Does Sponsor maintain an active registration in the System for Award Management ( www.SAM.gov) ? Yes No
Item 2.

Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Yes No N/A Item 3.

Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events. Yes No N/A Item 4.

Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of mitigating measures to this application and identify the name and date of the environmental document(s).

Yes No N/A
Item 5.

Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes.

Yes No N/A
The project is included in an approved PFC application.

If included in an approved PFC application,
does the application only address AIP matching share? Yes No The project is included in another Federal Assistance program. Its CFDA number is below.

Item 6.

Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals?
Yes No N/A
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply:

De Minimis rate of 10% as permitted by 2 CFR § 200.414.

Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII).

Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.

OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 7

PART II - SECTION B
Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.

The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 3 of 7 PART II – SECTION C
The Sponsor hereby represents and certifies as follows:

1. Compatible Land Use – The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport:

2. Defaults – The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:

3. Possible Disabilities – There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows:

4. Consistency with Local Plans – The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

5. Consideration of Local Interest – It has given fair consideration to the interest of communities in or near where the project may be located.

6. Consultation with Users – In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).

7. Public Hearings – In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

8. Air and Water Quality Standards – In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.

For all adjacent land, the City ensures compatible land use through development controls, zoning and oversight.

None
None
Yes
Yes
Yes
Not Applicable
Not Applicable

OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 4 of 7 PART II – SECTION C (Continued)

9.Exclusive Rights – There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows:

10.Land – (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] 1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map.

None
The City owns adequate title consistent with the ALP and Exhibit A.

Not Applicable.

No additional property interests are needed for this project.

No additional property interests are needed for this project.

OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 5 of 7 PART III – BUDGET INFORMATION – CONSTRUCTION
SECTION A – GENERAL

1. Assistance Listing Number:

2.Functional or Other Breakout:

SECTION B – CALCULATION OF FEDERAL GRANT
Cost Classification
Latest Approved
Amount
(Use only for
revisions)
Adjustment
+ or (-) Amount
(Use only for
revisions)
Total
Amount
Required

1. Administration expense

2. Preliminary expense

3. Land, structures, right-of-way

4. Architectural engineering basic fees

5. Other Architectural engineering fees

6. Project inspection fees

7. Land development

8. Relocation Expenses

9. Relocation payments to Individuals and Businesses

10. Demolition and removal

11. Construction and project improvement

12. Equipment

13. Miscellaneous

14.Subtotal (Lines 1 through 13)

15. Estimated Income (if applicable)

16. Net Project Amount (Line 14 minus 15)

17.Less: Ineligible Exclusions (Section C, line 23 g.)

18.Subtotal (Lines 16 through 17)

19.Federal Share requested of Line 18

20. Grantee share

21. Other shares

22.TOTAL PROJECT (Lines 19, 20 & 21)
20-106
$ 60,000
775,881
$ 835,881
835,881
$ 835,881
752,293
83,588
$ 835,881

OMB CONTROL NUMBER: 2120-0569 OMB
EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 6 of 7 SECTION C – EXCLUSIONS

23. Classification (Description of non-participating work)Amount Ineligible for Participation
a.
b.
c.
d.
e.
f.
g. Total
SECTION D – PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE

24. Grantee Share – Fund Categories Amount
a. Securities
b. Mortgages
c.Appropriations (by Applicant)
d. Bonds
e. Tax Levies
f.Non-Cash
g.Other (Explain):
h.TOTAL - Grantee share

25. Other Shares
a. State
b. Other
c.TOTAL - Other Shares

26. TOTAL NON-FEDERAL FINANCING
SECTION E – REMARKS
(Attach sheets if additional space is required)
Amount
Capital Funding 83,588
$ 83,588
$ 83,588

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 6/30/2023
FAA Form 5100-100 (8/20) SUPERSEDES PREVIOUS EDITION Page 7 of 7 PART IV – PROGRAM NARRATIVE
(Suggested Format)
PROJECT:

AIRPORT:

1. Objective:

2.Benefits Anticipated:

3. Approach: (See approved Scope of Work in Final Application)

4. Geographic Location:

5. If Applicable, Provide Additional Information:

6. Sponsor’s Representative: (include address & telephone number) Reconstruct Taxiway 'A'
Hollister Municipal Airport (CVH)
The project will enhance airfield safety and bring the airport into compliance with FAA standards by: (i) reconstructing the failing pavement of the parallel Taxiway 'A' (the 2011 APMS classified the existing taxiway pavements as Poor to Fair with a PCI of 55 to less than 70this places the pavement in the reconstruct category); (ii) the removal of the existing acute angled Taxiway 'D' pavement and replacement with a right-angled connecting taxiway; and (iii) the removal of the existing Taxiway 'J' pavement to eliminate direct access to Runway 6/24 from the apron.

The project will help the airport continue to meet its grant assurance of maintaining a safe and operable airfield.

The City anticipates completing the design under a FY2025 grant and construction based-on-bids for Phase 1 under a FY2026 grant and Phase 2 under a FY2027 grant. Phase 1 construction will begin Spring 2026 with construction completed by the end of FY2026.

Hollister Municipal Airport
Mr. David Mirrione, City Manager
City of Hollister, 375 Fifth Street, Hollister, CA 95023 E-mail: [email protected] Phone: (831) 636-4300 x1014

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Airport-2024-16

AGENDA ITEM: A RESOLUTION APPROVING APPLICATION FOR AND

ACCEPTANCE OF GRANTS FOR RELOCATION AND REPLACEMENT OF A

SECTION OF AIRPORT OPERATIONS AREA PERIMETER FENCE

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

RECOMMENDED ACTION: Adopt a resolution:

1. Approving application for and acceptance of a U. S. Department of Transportation Federal Aviation Administration (FAA) Bipartisan Law Fiscal Year 2024-25 grant for relocation and replacement of a section of airport operations area perimeter fence at the Hollister Municipal Airport (“FAA Grant”); and

2. Approving application for and acceptance of a State of California Caltrans match grant (“Caltrans Grant”); and

3. Authorizing the City Manager or his designee (“Authorized Officers”) to execute FAA and CalTrans grant applications, grant agreements, and other necessary documents contemplated herein; and

4. Authorizing the Administrative Services Department to make necessary accounting and budgetary entries; and

5. Authorizing and directing the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the resolution . All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution shall hereby be ratified, confirmed and approved in all respects.

DISCUSSION: The Federal Aviation Administration (FAA) administers the Bipartisan Instructure Law Program (BIL) and the issuing of grant for eligible airport infrastructure and planning projects on an annual basis. The City has identified its FAA designated Fiscal Year (FY) 2024-25 BIL project as the removal of and replacement of approximately 2,100 linear feet of the airport operations area perimeter fence located north of Runway 6-24 and east of Runway 13-31.

The project will enhance airfield safety and bring the airport into compliance with FAA standards by: (i) relocating the airport's existing perimeter chain link fence outside of Runway 6/24 Object Free Area (OFA); (ii) similarly, relocate the airport perimeter vehicle service road outside of the Runway 6/24 OFA for the same length as the fence; and (iii) relocate the existing perimeter chain link fence outside of the Runway Visibility Zone (RVZ). The project will further demonstrate the City/Airport’s continued efforts to meet its federal grant assurance of maintaining a safe and operable airfield.

The amounts requested were based upon the lowest bid received from a prior formal

Request for Proposals (RFP) for the project completed in August 2024.

The proposed project is included in the current Airport Capital Improvement Plan (ACIP) on file with FAA, and in the City’s current Capital Improvement Plan (CIP) on file with the Caltrans Division of Aeronautics. Proposed project funding includes ninety percent (90%) from FAA BIL, CalTrans Division of Aeronautics funding match at five percent (5%) of the FAA BIL award amount, and the remainder from available City Airport Enterprise Fund 601.

FISCAL IMPACT: Total project costs are estimated to be $147,431 based on the FAA grant application is $147,431. Proposed funding would include $132,688 (90%) in FAA funding, $6,634 (5% of the FAA request) in CalTrans matching funds, and $8,109 from of City funds. Should CalTrans opt to not fully participate in funding the project, the City’s overall obligation would increase to $14,743.

City match funding would come from Airport Enterprise Fund 601. Upon acceptance of the FAA grant award, the Finance Department will make necessary accounting and budgetary entries in the Airport Enterprise Fund 601 and the Federal Aviation Admin Grant Fund 212 and FY 2024-25 budgets.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Project Sketch

3. FAA Grant Application

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN APPLICATION FOR AND ACCEPTANCE OF A

FEDERAL AVIATION ADMINISTRATION BIPARTISAN
INFRASTRUCTURE LAW FISCAL YEAR 2024-25 GRANT FOR

RELOCATION AND REPLACEMENT OF A SECTION OF AIRPORT

OPERATIONS AREA PERIMETER FENCE

WHEREAS, the City of Hollister (“City”) owns and operates the Hollister Municipal Airport; and

WHEREAS, the Federal Aviation Administration (FAA) administers the Bipartisan Instructure Law Program (BIL) and the issuing of grant for eligible airport infrastructure and planning projects and the City’s FAA designated Fiscal Year (FY) 2024-25 BIL project is the removal of and replacement of approximately 2,100 linear feet of the airport operations area perimeter fence located north of Runway 6-24 and east of Runway 13- 31; and

WHEREAS, a formal solicitation of bids for the project was completed in August 2024 and the grant amount requested is based on the responsive low bid received ; and

WHEREAS, FAA BIL funding is ninety percent (90%) for eligible airport projects and Caltrans Division of Aeronautics funding, when available, is five percent (5%) of the federal grant amount up to a maximum match of $150,000; and

WHEREAS, total project costs are estimated to be $147,431 based on the FAA grant application is $147,431. Proposed funding would include $132,688 (90%) in FAA funding, $6,634 (5% of the FAA request) in CalTrans matching funds, and $8,109 from City Airport Enterprise Fund 601, and

WHEREAS, should CalTrans opt to not fully participate in funding the project, the City’s overall obligation would increase to $14,743.

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

1. Approve an application for and acceptance of a U. S. Department of Transportation Federal Aviation Administration (FAA) Bipartisan Law Fiscal Year 2024 -25 grant for relocation and replacement of a section of airport operations area perimeter fence at the Hollister Municipal Airport (“FAA Grant”); and

2. Approve an application for and acceptance of a State of California Caltrans Division of Aeronautics match grant (“Caltrans Grant”); and

Resolution No. 2024-XX

3. Authorize the City Manager or his designee (“Authorized Officers”) to execute FAA and CalTrans grant applications, grant agreements, and other necessary documents contemplated herein; and

4. Authorize the Administrative Services Department to make necessary accounting and budgetary entries; and

6. Authorize and direct the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution are hereby ratified, confirmed and approved in all respects.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

demolition of
existing fence line
apprx. 2090 LF
Proposed fence
line. apprx. 2100
LF
apprx limits of work.

No grading.

U.S. Department
of Transportation
Federal Aviation
Administration
FAA Form 5100-100, Application for Federal Assistance
(Development and Equipment Projects)
Paperwork Reduction Act Burden Statement
A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200; no assurance of confidentiality is provided. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

INSTRUCTIONS FOR FORM 5100-100
PART I – Application for Federal Assistance
Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424. The remaining parts of Form 5100-100 (Parts II, III and IV) represent continuation pages that the Sponsor must attach to the associated SF-424 form. The signature of the Sponsor’s authorized representative on the SF-424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-100 form.

PART II – Project Approval Information
This information is necessary for the Federal Aviation Administration to evaluate this request for Federal assistance. Responses do not require an explanation unless explicitly requested by the question.

SECTION A. STATUTORY CONDITIONS
Item 1 – Indicate whether the Sponsor maintains an active registration in the Federal System for Award Management (SAM). Pursuant to 2 CFR §25.200(b), a Sponsor must maintain an active registration in the Central Contractor Registration repository (housed within SAM) with current information at the time of the application and during the active period of the Federal award.

Item 2 – Indicate whether the Sponsor can commence the project within the same fiscal year the grant is made or within 6 months of when the grant is made, whichever is later. Attach explanation for negative responses. This information is considered when allocating discretionary funds. (49 U.S.C. § 47115(d)(2))

ii
Item 3 – Indicate whether the Sponsor can complete the project without unreasonable delays. If applicable, provide listing of foreseeable events (winter shutdown, land acquisition issues, non- aeronautical events, etc.) that have potential to delay completion of the project. (49 USC § 47106(a)) Item 4 – Indicate whether the environmental review (i.e. environmental assessment, mitigated FONSI, etc.) identified impacts or effects on the environment that require mitigating measures that lessen the impact or effect on the environment. If yes, provide a summary listing of mitigating measures. (49 U.S.C. § 47106(c))
Item 5 – Indicate whether the project covered by this request is also covered by an approved Passenger Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check boxes (49 U.S.C. § 40117(d) and 2 CFR § 200.403). If the approved PFC application only addresses the Sponsor’s AIP matching share, select the appropriate check box.

If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number.

Item 6 – Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs as defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not include the indirect costs claimed by a for-profit entity (e.g. consultant). The de minimis rate may only be used if the Sponsor has not previously received a negotiated Indirect Cost Rata (ICR) and does not exceed the limitations prescribed in Appendix VII to Part 200.
A Sponsor with an existing approved negotiated ICR must identify the ICR value, the name of the cognizant agency that approved the ICR and the date of approval.

SECTION B. CERTIFICATION REGARDING LOBBYING
This section addresses the Sponsor’s declaration regarding lobbying activities. The declaration made in the section are under signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached.

Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this certification attests that the Sponsor has not made, and will not make, any payment prohibited payment by 31 U.S.C. § 1352.

FAA Form 5100-100

FAA Form 5100-100 iii
SECTION C. REPRESENTATIONS AND CERTIFICATION

1.Compatible Land Use (49 U.S.C. § 47107(a)(10)) – Identify actions the Sponsor has taken to assure land uses in close proximity to the airport are compatible with normal airport operations.

2.Defaults – Confirm that Sponsor is not in default on any obligation to the United States or any agency of the United States government.

3.Possible Disabilities – Confirm that Sponsor has no facts or circumstances (i.e. legal, financial or otherwise) that might adversely affect the Sponsor in completing the project and carrying out the provisions of the associated Grant Assurances.

4.Consistency with Local Plans (49 U.S.C. § 47106(a)) – Confirm project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan.

5.Consideration of Local Interests (49 U.S.C. § 47106(b)) – Confirm the Sponsor has given fair consideration to the community in and near the project.

6.Consultation with Users (49 U.S.C. § 47105(a)) - Confirm the Sponsor has consulted with airport users that will be affected by the project.

7.Public Hearings (49 U.S.C. § 47106(c)) – For projects involving the location of an airport, runway or major runway extension, confirm the Sponsor:
a.Provided an opportunity for a public hearing to consider economic, social and environmental effects of the project.
b.Has voting representation from the communities in which the project is located; or has advised the communities that they have the right to petition the Secretary about the proposed project.

8.Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water quality standards.

9.Exclusive Rights (49 U.S.C. § 47107(a) – Identify all instances of exclusive rights to conduct aeronautical services at the airport.

10.Land (49 U.S.C. § 47106(b)) –
a.Identify property interests specific to the development project and/or land acquisition. The declaration of property interest is to be based upon a title opinion submitted by an attorney. When identifying the property interest, use the same parcel numbers as used to identify the property on the associated Exhibit A property map.

Example: “Sponsor maintains property interest as depicted within the property table on the Exhibit A property map dated __/__/__ originally filed with AIP Project ###.” b.Complete this subpart if the Sponsor proposes a project for which they have not yet obtained appropriate property interests. Note that the work may not commence until Sponsor obtains acceptable property interests. Identify such property by parcel number that corresponds to the associated Exhibit A property map. c.Complete this subpart when acquiring property interests under the grant. Identify such property by parcel number that corresponds to the associated Exhibit A property map.

FAA Form 5100-100 iv
PART III – Budget Information
SECTION A. GENERAL

1.Assistance Listing Number - Show the Assistance Listing Number from which the assistance is requested.

2.Functional or Other Breakout: Indicate “Airport Improvement Program”. Prepare a separate set of Part III forms for other Federal program categories.

SECTION B. CALCULATION OF FEDERAL GRANT
When applying for a new grant, use the Total Amount Column only. Use all columns when requesting revisions of previously awarded amounts.

Line 1 - Enter amounts needed for administration expenses, which may include such items as: legal fees, mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to administer the grant.

Line 2 - Enter amounts pertaining to allowable preliminary expenses. These include such expenses as independent fee estimate preparation, advertising expenses and permits.

Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way.

Line 4 - Enter fees for architectural engineering basic services.

Line 5 - Enter amounts for architectural engineering special services (e.g. surveys, tests and borings).

Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs.

Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11.

Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1.

Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non-profit organizations for moving expenses and replacement housing.

Line 10 - Enter the cost of demolition or removal of improvements on developed land. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15.

Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility. Include in this category the amounts of project improvements such as grading, drainage, paving, marking, lighting, buildings, seeding/sodding, etc.

Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS equipment, interactive training, NAVAID equipment, etc.) Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories.

FAA Form 5100-100 v
Line 14 - Enter the sum of Lines 1-13.

Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Examples include vehicle trade-in value, sale of millings resulting from project, credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages.

Line 16 - Enter the difference between Line 14 and Line 15.

Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to Federal participation. Refer to Section C, exclusions.

Line 18 – Enter the subtotal sum of Lines 16 and 17. (This is the amount to which the matching share ratio prescribed in program legislation is applied.)
Line 19 - Indicate the total amount of the Federal assistance requested. This value is determined by multiplying the grant participation rate by the amount indicated in line 18.

Line 20 – Indicate the amount of the Grantee’s share (from Section D).

Line 21 – Indicate the amount of other shares (from Section D) Line 22 – Indicate sum of Lines 19, 20 and 21.

SECTION C. EXCLUSIONS
Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B.

SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 24 a-g - Show the source of the grantee’s share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E - Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non-cash contribution, explain what this contribution will consist of.

Line 24h - Indicate total of Lines 24 a-g. This amount must equal the amount in Section B, Line 20.

Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency. If there is a non-cash or other contribution, explain what the contribution will consist of under Section E - Remarks.

Line 25b - Show the amount that will be contributed from other sources. If there is a non-cash contribution, explain what the contribution will consist of under Section E - Remarks.

Line 25c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B, Line 21.

Line 26 - Enter the totals of Lines 24h and 25c.

SECTION E. OTHER REMARKS
Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary.

FAA Form 5100-100 vi
PART IV – Program Narrative
Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only.

1.OBJECTIVES AND NEED FOR THIS ASSISTANCE
Provide a short and concise description of the proposed improvement. Include a narrative on why this improvement is needed.

2.RESULTS OR BENEFITS EXPECTED
Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public.

3.APPROACH
a.Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work.
b.Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as construction approach, reductions in cost or time or extraordinary social and community involvements.
c.Provide projections of project milestone dates. As a minimum, identify target dates for defining project costs (i.e. bid opening or completion of negotiations), anticipated issuance of notice-to- proceed and anticipated project completion date.
d.Identify monitoring and oversight mechanisms the Sponsor proposes to implement. e.List key individuals and entities such as consultant, Sponsor personnel and contractor who will work on the project. Provide a short description of the nature of their effort or contribution.

4.GEOGRAPHIC LOCATION
Identify location of the project. This will typically be the name of the airport.

5.IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION:
a.Describe the relationship between this project and other work planned, anticipated or underway under the Federal Assistance listed under Part II, Section A, Item 5. b.Explain the reason for all requests for supplemental assistance and justify the need for additional funding.
c.If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope, budget, or objectives have changed or an extension of time is necessary, explain the circumstances and justify.

6.SPONSOR’S REPRESENTATIVE
Identify contact information of Sponsor’s representative.

FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 1 of 7 U.S. Department of Transportation
Federal Aviation Administration
OMB CONTROL NUMBER: 2120-0569
EXPIRATION DATE: 12/31/2026
Application for Federal Assistance (Development and Equipment Projects) PART II – PROJECT APPROVAL INFORMATION
Part II - SECTION A
The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.

Item 1.

Does Sponsor maintain an active registration in the System for Award Management ( www.SAM.gov) ? Yes No
Item 2.

Can Sponsor commence the work identified in the application in the fiscal year the grant is made or within six months after the grant is made, whichever is later? Yes No N/A Item 3.

Are there any foreseeable events that would delay completion of the project? If yes, provide attachment to this form that lists the events. Yes No N/A Item 4.

Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of mitigating measures to this application and identify the name and date of the environmental document(s).

Yes No N/A
Item 5.

Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please identify other funding sources by checking all applicable boxes.

Yes No N/A
The project is included in an approved PFC application.

If included in an approved PFC application,
does the application only address AIP matching share? Yes No The project is included in another Federal Assistance program. Its CFDA number is below.

Item 6.

Will the requested Federal assistance include Sponsor indirect costs as described in 2 CFR Appendix VII to Part 200, States and Local Government and Indian Tribe Indirect Cost Proposals?
Yes No N/A
If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply:

De Minimis rate of 10% as permitted by 2 CFR § 200.414.

Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII).

Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs.

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 2 of 7

PART II - SECTION B
Certification Regarding Lobbying
The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term “Sponsor” refers to the applicant name provided in box 8 of the associated SF-424 form.

The Authorized Representative certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sponsor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Authorized Representative shall complete and submit Standard Form-LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 3 of 7 PART II – SECTION C
The Sponsor hereby represents and certifies as follows:

1. Compatible Land Use – The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport:

2. Defaults – The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:

3. Possible Disabilities – There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows:

4. Consistency with Local Plans – The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport.

5. Consideration of Local Interest – It has given fair consideration to the interest of communities in or near where the project may be located.

6. Consultation with Users – In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)).

7. Public Hearings – In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project.

8. Air and Water Quality Standards – In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary.

For all adjacent land, the City ensures compatiable land use through development controls, zoning and oversight.

None
None
Yes
Yes
Yes
Not Applicable
Not Applicable

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 4 of 7 PART II – SECTION C (Continued)

9.Exclusive Rights – There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows:

10.Land – (a) The sponsor holds the following property interest in the following areas of land, which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit “A”. [1] 1 State the character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map.

None
The City has obtained full Title to the subject property. The Airport has submitted a "pen & ink" update to the Exhibit 'A' to the FAA ADO for review. The purchase of the subject property and perimeter fence section relocation are consistent with the approved ALP.

The City has acquired full and free Title to the subject property.

The City has acquired full and free Title to the subject property.

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 5 of 7 PART III – BUDGET INFORMATION – CONSTRUCTION
SECTION A – GENERAL

1. Assistance Listing Number:

2.Functional or Other Breakout:

SECTION B – CALCULATION OF FEDERAL GRANT
Cost Classification
Latest Approved
Amount
(Use only for
revisions)
Adjustment
+ or (-) Amount
(Use only for
revisions)
Total
Amount
Required

1. Administration expense

2. Preliminary expense

3. Land, structures, right-of-way

4. Architectural engineering basic fees

5. Other Architectural engineering fees

6. Project inspection fees

7. Land development

8. Relocation Expenses

9. Relocation payments to Individuals and Businesses

10. Demolition and removal

11. Construction and project improvement

12. Equipment

13. Miscellaneous

14.Subtotal (Lines 1 through 13)

15. Estimated Income (if applicable)

16. Net Project Amount (Line 14 minus 15)

17.Less: Ineligible Exclusions (Section C, line 23 g.)

18.Subtotal (Lines 16 through 17)

19.Federal Share requested of Line 18

20. Grantee share

21. Other shares

22.TOTAL PROJECT (Lines 19, 20 & 21)
20-106
$ 10,000
13,000
10,500
113,931
$ 147,431
147,431
$ 147,431
132,688
14,743
$ 147,431

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 6 of 7 SECTION C – EXCLUSIONS

23. Classification (Description of non-participating work)Amount Ineligible for Participation
a.
b.
c.
d.
e.
f.
g. Total
SECTION D – PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE

24. Grantee Share – Fund Categories Amount
a. Securities
b. Mortgages
c.Appropriations (by Applicant)
d. Bonds
e. Tax Levies
f.Non-Cash
g.Other (Explain):
h.TOTAL - Grantee share

25. Other Shares
a. State
b. Other
c.TOTAL - Other Shares

26. TOTAL NON-FEDERAL FINANCING
SECTION E – REMARKS
(Attach sheets if additional space is required)
Amount
Capital Funding 14,743
$ 14,743
$ 14,743

OMB CONTROL NUMBER: 2120-0569
OMB EXPIRATION DATE: 12/31/2026
FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 7 of 7 PART IV – PROGRAM NARRATIVE
(Suggested Format)
PROJECT:

AIRPORT:

1. Objective:

2.Benefits Anticipated:

3. Approach: (See approved Scope of Work in Final Application)

4. Geographic Location:

5. If Applicable, Provide Additional Information:

6. Sponsor’s Representative: (include address & telephone number) AOA Perimeter Fence Relocation
Hollister Municipal Airport (CVH)
The project will enhance airfield safety and bring the airport into compliance with FAA standards by: (i) relocating the airport's existing perimeter chain link fence outside of Runway 6/24 Object Free Area (OFA) along the section of perimeter north of Runway 6/24 and east of Runway 13/31; (ii) similarly, relocate the airport perimeter vehicle service road outside of the Runway 6/24 OFA for the same length as the fence; and (iii) relocate the existing perimeter chain link fence outside of the Runway Visibility Zone (RVZ).

The project will help the airport continue to meet its grant assurance of maintaining a safe and operable airfield by eliminating penetrations identified on the ALP of the Runway 6/24 OFA.

The City anticipates self funding and completing the design, with construction based-on-bids, and requesting reimbursement under a FY2025 BIL AIG grant. Construction will begin late 2024 with construction completed by the end of first quarter 2025.

Hollister Municipal Airport
Mr. David Mirrione, City Manager
City of Hollister, 375 Fifth Street, Hollister, CA 95023 E-mail: [email protected] Phone: (831) 636-4300 x1014

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Airport-2024-17

AGENDA ITEM: A RESOLUTION APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC. FOR SPACE TO LOCATE EQUIPMENT AT THE HOLLISTER

MUNICIPAL AIRPORT

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

RECOMMENDED ACTION:

1. Adopt a resolution approving a Ground Lease with ZeroAvia, Inc. for space to locate equipment at the Hollister Municipal Airport; and

2. Authorize the City Manager to execute a Ground Lease Agreement

DISCUSSION: Ground Lease revenue accounts for approximately 21% of the Airport annual revenue. ZeroAvia, Inc. is a long-term tenant at the Airport leasing hangar and office space in good standing.

In late June, ZeroAvia, Inc. notified the Airport of their desire to locate equipment at the Airport, inside the perimeter fence and on the east side of the airport property for access from their current hangar and office location. The equipment proposed to be located in the leased premises includes a hypertruck, solar trailer, mega battery on a trailer, mobile lab, H3 mini electrolizer on a trailer, and a Department of Transportation approved H2 (hydrogen) storage trailer.

The location and proposed use have been reviewed with the Hollister Jet Center, the Airport’s Fixed Base Operator (FBO), and received their support. The Hollister Airport Advisory Commission considered the location and proposed use at t heir regular meeting on August 28, 2024, and passed a motion recommending City Council consideration and approval.

On October 3, 2024, staff met with ZeroAvia and the City’s Fire Marshall to discuss the proposed lease and the equipment to be located on the leased premises. A contractor visited the site and estimated the cost to improve the site with either the base rock and Supa Trac or base rock and cement would exceed $100,000. Due to the short-term use of the leased premises moving forward with either improvement is not economically viable. The Fire Marshall reviewed the equipment, including the H2 (hydrogen) storage trailer to be located in the leased premises, and clarified that there was no applicable Fire Code prohibition to locating the equipment in the proposed location through a formal memo citing other applicable Fire Code requirements which have been incorporated in Exhibit B of the Lease.

FAA grant assurances compliance requires the Airport to be compensated for use of the facility. The proposed Ground Lease provides for a 10,000 square foot space located at the north end of the aircraft parking apron, a base term of 3-years with two potential one-

year extensions, and an initial base rent of $2,300 per month with annual CPI adjustments in future years. The type, orientation and use of equipment and any other property proposed to be located in the leased space will be subject to approval by the City and Airport Management. Tenant use of and access of this location shall at all times be conducted so as not to interfere with aircraft operations.

Should the proposed ground lease not be approved, the equipment is anticipated to be removed from the Airport. Staff is recommending proceeding with the leased premises for locating the equipment on the native soil. The site will be subject to regular maintenance including weed abatement and mowing and no further improvement would be required.

FISCAL IMPACT: The proposed Ground Lease is estimated to generate $85,300 in revenue over the base 3-year term. Rent payments will be recorded to the Airport Enterprise Fund 601, Ground Lease revenue account No. 601-1000-450104.

PREVIOUS COUNCIL OR COMMISSION ACTION: The Ground Lease was presented to the Council at the September 3, 2024, regular meeting and contemplated improvement to the leased premises consisting of adding base rock and Supa Trac. The Council gave direction to inquire with Zero Avia regarding cementing the leased premises, to meet with the City Fire Marshall regarding the ground lease location, equipment, and hydrogen storage trailer, and to bring the item back for consideration.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Ground Lease

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC.

FOR SPACE TO LOCATE EQUIPMENT AT THE HOLLISTER

MUNICIPAL AIRPORT

WHEREAS, ground lease revenue accounts for 21% of the Airport's annual revenue; and

WHEREAS, ZeroAvia, Inc. is a long-term tenant at the Airport leasing hangar and office space in good standing, and has notified the Airport of their desire to locate equipment at the Airport, inside the perimeter fence, and on the east side of the airport property for access from their current hangar and office location; and

WHEREAS, the proposed Ground Lease provides for a 10,000 square foot space located at the north end of the aircraft parking apron, a base 3 -year term and two one-year extensions, rent of $2,300 per month, and annual CPI adjustments.

WHEREAS, equipment and other property to be located in this space, the orientation, and use are subject to approval by the City and Airport Management, and tenant use of and access of this location shall at all times be conducted so as not to interfere with aircraft operations; and

WHEREAS, the location and proposed use have been reviewed with the Hollister Jet Center, the Airport’s Fixed Base Operator (FBO), and received their support.

WHEREAS, the Hollister Airport Advisory Commission considered the location and proposed use at their regular meeting on August 28, 2024, and passed a motion recommending City Council consideration and approval; and

WHEREAS, the proposed Ground Lease is estimated to generate $85,300 in revenue over the base 3-year term with two potential one-year extensions and rent payments will be recorded to the Airport Enterprise Fund 601, Ground Lease revenue account No. 601- 1000-450104.

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

1. Approve a Ground Lease Agreement with ZeroAvia, Inc. for space to locate equipment at the Hollister Municipal Airport; and

2. Authorize the City Manager to execute the Ground Lease Agreement.

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Recorded By and Return to:

City of Hollister
City Clerk
375 Fifth Street
Hollister, California 95023

HOLLISTER MUNICIPAL AIRPORT

GROUND LEASE AGREEMENT

THIS GROUND LEASE AGREEMENT (“Lease”), dated November 1, 2024 (“Effective Date”), is by and between the City of Hollister, a California municipal corporation (“City”), and ZeroAvia, Inc. (“Tenant”) (each a “Party” and collectively, the “Parties”).

Recitals:

This Lease is entered into with reference to the following facts and circumstances, which are hereby found and determined by the Parties:

A. On July 1, 2021, the Parties entered into an Agreement for lease of real property from the City by Tenant. Said real property being a portion of the Hollister Municipal Airport, identified as 90 Skylane Drive, Suite #1, Hollister, CA 95023.

B. City owns and operates the Hollister Municipal Airport (“Airport”) located in the City of Hollister, California.

C. Tenant desires to lease an undeveloped, ten thousand (10,000) square foot area of the Airport to store equipment (the “Leased Premises”), identified and shown on Exhibit “A” which is attached hereto and made a part hereof.

In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the Parties hereby agree as follows:

1.01 Leased Premises. City hereby leases to Tenant, and Tenant hereby leases from City, for the duration of the Term, the Leased Premises, subject to any utility or other easements on, over, across or under the Leased Premises that are reserved by City.

2.01 Improvements. No improvements to the Leased Premises are required. Should Tenant propose improvements to the Leased Premises (“Improvements”.), the proposed Improvements are subject to written approval by the

ZeroAvia Inc. Ground Lease Page 2 of 13

City and Airport management. Upon completion, the Leased Premises shall thereafter include the Improvements.

3.01 Term. The Initial Term of this Lease shall commence on the Effective Date and expire on December 31, 2025 (the “Expiration Date”). At the end of the Initial Term, Tenant may extend the Term of this Lease for two (2) additional; one-year periods (“Extended Term”), provided Tenant gives to City notice of its intent to extend the Term of this Lease at least six (6) months prior to the end of the Initial or any such Extended Term.

4.01 Rent. For use of the Leased Premises, Tenant shall pay City Two Thousand Three Hundred Dollars ($2,300.00) per month, payable in advance on or before the first day of each month during the Term of this Lease to City’s agent, Hollister Airport Office, 60 Airport Drive, CA 95023. For purposes of calculating Rent and other charges due, each month shall be considered to have thirty (30) days, and each year of the Term of this Lease shall have three hundred-sixty (360) days.

5.01 Rent Adjustments. If the CPI published for the current April is greater than the CPI published for April of the previous year, then the monthly rent due shall be increased in the same proportion that the CPI in the current April bears to the CPI published in April of the previous year. Provided that, if, on September 1 of each year, the CPI published for April is less than the CPI published for April of the previous year, then no adjustment shall be made in the access fee. For the purposes of this Agreement, the CPI used shall be that published by the United States Department of Labor, Bureau of Labor Statistics, CPI for all urban consumers in the San Francisco- Oakland-San Jose statistical area.

6.01 Security Deposit. On execution of this Lease, Tenant shall deposit with City the sum of Two Thousand Three Hundred Dollars ($2,300.00) as a Security Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, City may use the Security Deposit, or any portion of it, to cure the default, or to compensate City for all damages sustained by City resulting from Tenant’s default.

Tenant shall immediately, upon demand, pay to City a sum equal to the portion of the Security Deposit expended or applied by City as provided in this paragraph so as to maintain a Security Deposit in the sum initially deposited with City. If Tenant is not in default of any of its obligations under this Lease, or any extension hereof, upon expiration or termination, City shall return the Security Deposit to Tenant. City’s obligations with respect to the Security Deposit are those of a debtor and not a trustee.

City can maintain the Security Deposit separate and apart from City’s general fund or can commingle the Security Deposit with City’s general fund and other funds. City shall not be required to pay Tenant interest on the Security Deposit.

7.01 Delinquency Charge. Should any payments due under this Lease remain unpaid five (5) days after the due date of such payment, a penalty of ten percent (10%) shall be added to any past due payments. Delinquency of forty (40) days will result in termination of this Lease.

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8.01 Returned Check and Other Bank Charges. In the event any check given by Tenant to City to pay Rent or any other amount due under this Lease is returned for lack of sufficient funds, a “stop payment,” or any other reason, Tenant shall pay City a returned check charge in the amount of fifty dollars ($50.00).

9.01 Substitution of Space. City shall make reasonable efforts to ensure that Tenant’s property may be stored at the Leased Premises during the Term of this Lease, provided, however, that City shall retain the right to require Tenant to move, and/or relocate the equipment to an alternate premises should Airport operations necessitate such movement or relocation. If City requests Tenant move and/or relocate Tenant’s property to a different location, City shall make reasonable efforts to notify Tenant of the need for such change and assign another space of similar size and surface material.

10.01 Use. Tenant shall have exclusive use of the Leased Premises, for lawful uses that are customary and related to private airport uses. Tenant shall not construct any improvement or allow any construction on the Leased Premises, without first obtaining City’s written consent. Tenant shall control the conduct of its employees and invitees, and of those doing business with Tenant, in and around the Leased Premises, and shall take all steps necessary to remove persons whom City may, for good and sufficient cause, deem objectionable. Tenant shall keep the Leased Premises clean and free of debris and use of the Leased Premises shall not interfere with City Airport aircraft operations. Such interference shall be determined by Airport management.

Upon termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Leased Premises and shall remove at its sole cost and expense, all equipment and other property stored upon Leased Premises.

The Leased Premises is open space adjacent to aircraft movement areas, so Tenant agrees to follow direction from Airport management regarding use of the Location and attain approval of equipment and other property and orientation of the equipment or other property to be stored on the Leased Premises. Such direction and approval shall be in writing. Tenant use of and access to Leased Premises shall be conducted so as not to interfere with aircraft operations.

Tenant shall comply at all times with those Fire Department Requirements for Ground Lease included in Exhibit B.

10.02 Airport Rules & Regulations. In making use of the Leased Premises as specified in this Lease, Tenant must, in common with all other users of the Airport, comply with any adopted Master Plan or other Plans for the Airport. Tenant acknowledges that Tenant has received and reviewed a copy of Hollister Municipal Code Chapter 13.24, the Hollister Airport Rules and Regulations, and will comply with these Rules as well as any additional operating standards or requirements promulgated by City and applicable to each of Tenant’s activities on the Airport.

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11.01 Sublease/Assignment. Tenant shall have no right to sublease the Leased Premises or to assign this Lease. The storage of equipment or other property not owned or leased by Tenant on the Leased Premises shall constitute a sublease.

12.01 Condition of Leased Premises. Tenant shall accept the Leased Premises in its present condition, "AS IS" without any liability or obligation on the par t of City to make any alterations, improvements or repairs of any kind on or about the Leased Premises.

13.01 Insurance to be Provided by Tenant. Tenant agrees to obtain and maintain in effect, at its own cost and expense, the following insurance coverage, which insurance shall provide primary coverage for the Improvements and the obligations of Tenant described in this Lease during the Term of this Lease and any extension thereof.

a) Comprehensive or commercial general liability insurance, obtained from one or more insurance companies licensed to do business in the State of California having a financial rating in Best’s Insurance Guide of at least A VII, protecting the City and the City’s council, commissions, boards, employees, volunteers and agents ag ainst any and all liability arising by reason of Tenant’s conduct relating to the use of the Leased Premises or resulting from any accident occurring on or about the roads, driveways or other public places, used by Tenant at the Airport, in an amount not less than Two Million Dollars ($2,000,000.00) each occurrence (i.e., non-aggregate program) for bodily injury and property damage, including contractual liability, independent contractors, broad-form property damage, sudden and accidental pollution if available, personal injury, products and completed operations. Such insurance coverage shall name the City, including its council, boards, commissions, and members thereof, its officers, employees, volunteers and agents, as an additional insured, and shall be primary and noncontributing with respect to any other insurance available to the City. The insurance policy shall also include a severability of interest (cross liability) clause, that is, it shall act as though a separate policy were written for each insured and additional insured named in the policy. The City must be afforded at least thirty (30) days’ prior written notice of cancellation or material change in coverage. All certificates of insurance providing proof of the coverage required under this Lease shall be signed by the insurer and not by a
broker.

b) A policy or policies of insurance against loss of or damage to or upon the Leased Premises, as well as Tenant’s furnishings, fixtures, inventory, personal property and equipment.

c) Liability coverage, if applicable, protecting the City and the City’s council, commissions, boards, employees, volunteers and agents against any and all liability covered thereby.

13.02 Approval of Insurance Coverage. Upon execution of this Lease, a copy of the insurance policy or policies required herein or, in lieu thereof, the face page of

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such policy or policies and any endorsements which limit or otherwise affect the coverage provided therein shall be delivered by Tenant to the City Manager, or his or her designee, for approval as to form and compliance with the provisions of this Article

13. The City shall either approve the insurance policy or policies delivered by Tenant or request adjustments to the same within two (2) business days of receipt from Tenant.

When such insurance policy or policies have been so approved, Tenant may substitute for same a certificate of insurance issued by the respective insurance company or companies certifying that such insurance policies are in full force and effect and that all liabilities arising out of or relating in any way to Tenant’s possession and use of the Leased Premises are covered by such insurance policy or policies. Notwithstanding any provisions to the contrary contained herein, Tenant is not entitled to take or remain in possession of the Leased Premises until such insurance policy or policies are filed with and approved by the City Manager.

13.03 Review of Insurance Coverage. City is entitled at any time during the term of this Lease to review the type, form and coverage limits of the insurance requirements. If in the opinion of the City, the insurance provisions of this Lease are not sufficient to provide adequate protection for the City and the members of the public using the Airport, the City may require Tenant to maintain insurance sufficient to provide such adequate protection. Insurance requirements shall be applied uniformly to all Tenants engaged in similar-type operations at the Airport, and such requirements shall be consistent with industry standards. City shall notify Tenant in writing of any reasonable changes in the insurance provisions necessary to provide adequate protection. If Tenant does not deposit acceptable certificates evidencing valid insurance policies that incorporate such changes within sixty (60) days of receipt of such notice, Tenant will be in default of this Lease. Notwithstanding the foregoing or any contrary provision elsewhere in this Lease, (i) the Tenant shall not be required to insure against loss due to earthquake, earth movement, subsidence or rising sea level, and (ii) to the extent any modified insurance coverage requirements the City seeks to impose under this Lease may not be imposed on any of Tenant’s sublease(s) under any unexpired sublease(s), the Tenant’s duty to comply with such modified insurance coverage requirements shall be suspended until such time as the then sublease(s) may be required by the Tenant to comply with such modified insurance coverage requirements by virtue of the renegotiation of the applicable sublease(s). The procuring of any insurance policies required under this Article 13 will not be construed to be a limitation upon Tenant’s liability nor as a full performance of its part of the indemnification provisions of this Lease; Tenant’s obligation being, notwithstanding said policy or policies of insurance, the full and total amount of any damage, injury or loss caused by negligence or neglect connected with the Tenant’s operation under this Lease.

13.04 Hold Harmless Agreement. It is an express condition of this Lease that the City shall be free from any and all liabilities and claims for damages or suits for or by reason of any death(s) or injuries to any person or persons or damages to property of any kind whatsoever, including the Leased Premises, whether the person or property of Tenant, its agents or employees, or third persons, (a) from any cause or causes

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whatsoever while in or upon the Leased Premises or any part thereof during the Term of this Lease except as to injury or damage caused by City, its officers, employees, or agents; or (b) occasioned by any occupancy, maintenance, repair, improvement, or use of said property or any activity carried on by Tenant in connection therewith; and Tenant hereby covenants and agrees to indemnify and to save harmless the City from all liabilities, charges, expenses, attorney fees, and costs on account of or by reason of any such death(s), injuries, liabilities, claims, suits or losses, however occurring, or damages growing out of the same except as provided herein. The City shall immediately notify Tenant to resist and defend by retaining counsel at Tenant’s sole cost and expense, any action brought against the City subject to the provisions of this Section 13.04. The obligations of Tenant and City under this Section 13.04 shall survive the termination or expiration of this Lease.

It is an express condition of this Lease that City shall indemnify Tenant for any and all liabilities and claims for damages or suits for or by reason of any death(s) or injuries to any person or persons or damages to property of any kind whatsoever, including the Lease Premises and the Airport, whether caused by the City, its officers, contractors, employees or agents.

Insurance to be Provided by City. City agrees to obtain and maintain in effect, at its own cost and expense, at all times during the term of this Lease or any extension thereof, general commercial liability insurance providing coverage for the full replacement cost of the Improvements.

14.01 Right of Entry. Airport staff may enter the Leased Premises at any time for the purpose of eliminating Foreign Object Debris (FOD) and for the purpose of maintaining the area to include but not limited to mowing, weed abatement and pest control.

15.01 Waiver of Subrogation. All Tenant’s equipment insurance shall include a waiver of subrogation in favor of City, waiving Tenant’s right of subrogation against City, if any, by reason of any loss or damage while being provided use of the Leased Premises under the terms of this Lease. Tenant agrees to furnish City with a copy of said waiver of subrogation on or before the Effective Date of this Lease.

16.01 Possessory Interest Subject to Taxation. This Lease may create a real property possessory interest that may be subject to real property taxes levied on such interest. The payment of such tax is the sole obligation of Tenant, and payment of such tax shall not in any way reduce or substitute for any charges or fees required to be paid as a condition of this Lease or as otherwise required by City.

17.01 Indemnification. During the Term of this Lease, Tenant shall hold the City, its Council, its boards and commissions and members thereof, its officers, employees, volunteers, managers and agents harmless and free f rom any and all liability, damages, business interruptions, delays, losses, claims or judgments of any kind whatsoever, including all costs, attorney's fees and expenses incidental thereto

ZeroAvia Inc. Ground Lease Page 7 of 13

arising out of or relating to Tenant's possession and use of the Leased Premises provided for in this Lease. Should the City be named in any suit, or should any claim be made against the City, whether the same be groundless or not, arising out of or relating to Tenant's possession and use of the Leased Premises, Tenant shall defend and indemnify the City and shall indemnify the City for any judgment rendered against the City or any sums paid out in settlement or otherwise.

18.01 Disclaimer of Liability. The City, its Council, its board and commissions and members thereof, its officers, employees, volunteers, managers and agents, hereby disclaim, and the Tenant hereby releases the City from any and all liability whether in contract or tort (including strict liability and negligence), for any loss , damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the Term of this Lease, including but not limited to, loss, damage or injury to aircraft or the property of tenant that may be located on the Leased Premises, unless such loss, damage or injury is caused by the City's gross negligence or intentional willful misconduct. The Parties hereby agree that under no circumstances shall the City be liable of indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of r evenue or anticipated profits or other damage related to the leasing of the Leased Premises under this Lease.

19.01 Casualty. In the event the Leased Premises, or the means of access thereto, shall be damaged by fire or any other cause and Leased Premises is not untenantable by such damage, the Rent payable shall remain due. If the Leased Premises is rendered untenantable and City elects to repair the Leased Premises, the Rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omissions of Tenant, its employees, agents or invitees, in which case the Rent shall not abate.

20.01 War or National Emergency. This Lease and all provisions hereof shall be subject to whatever right the United States government has affecting the control, operation, regulation and taking over of the Airport by the United States government during a time of war or national emergency.

21.01 Compliance with Airport Rules and Regulations; State and Federal Law. Tenant shall comply with all current City Airport Rules and Regulations as set forth in Hollister Municipal Code Chapter 13.24, or as the same may be amended from time to time, and with all applicable state and federal laws, rules and regulations, now in force or that may be hereafter adopted.

22.01 Attorney's Fees and Costs. Should a dispute of the Parties not be resolved by negotiations or mediation, and in the event it should become necessary for either Party to enforce or interpret any of the terms and conditions of this Lease by means of court action or administrative enforcement, such action shall be brought in a court of proper jurisdiction in San Benito County. The prevailing Party, in addition to any other remedy available at law or in equity available to such Party, shall be awarded all

ZeroAvia Inc. Ground Lease Page 8 of 13

reasonable costs and reasonable attorneys' fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorneys for the prevailing Party.

23.01 Force Majeure; Waiver. Tenant shall not be in default under this Lease in the event that the activities of Tenant are temporarily interrupted for any of the following reasons: riot; war or national emergency declared by the President or Congress and affecting the City of Hollister; sabotage; civil disturbance; insurrection; explosion; natural disasters such as flood, earthquake, landslide or fire; strikes, lockout and other labor disturbance; or other catastrophic event which is beyond the reasonable control of Tenant. "Other catastrophic event" does not include the financial ability of Tenant to perform or failure of Tenant to obtain any necessary permits or licenses from the City or other governmental agency or the right to use facilities of any public entity where such failure occurs because Tenant has failed to exercise reasonable diligence.

24.01 Abandonment. Tenant shall not abandon the Leased Premises at any time during the Term of this Lease. If Tenant abandons, vacates, or surrenders the Leased Premises or is dispossessed of the Leased Premises by process of law or otherwise, any property belonging to Tenant and left on the Leased Premises shall be deemed, at the option of City, to be abandoned. Upon abandonment, Tenant shall be in default of this Lease and City shall be entitled to terminate this Lease, Tenant's rights in and to the Leased Premises in the manner hereinafter provided by this Lease.

25.01 Default. This Lease shall be breached if: a) Tenant defaults in payment of Rent; b) Tenant defaults in the performance of any other covenant herein, and such default shall continue for five (5) days after receipt by Tenant of notice thereof from City; c) Tenant shall cease to do business at Leased Premises; d) a petition is filed by or against Tenant under the Bankruptcy Act or any amendment thereto (including a petition for reorganization or an arrangement); or e) Tenant assigns any interest in its property located at the Leased Premises for the benefit of creditors.

In the event of any breach of this Lease by Tenant, City shall, at its option, have the right to terminate this Lease and to remove any property of Tenant from the Leased Premises in the manner provided by Law.

26.01 Notice Required to Terminate. Either Party to this Lease shall have the right, with or without cause, to terminate this Lease by giving thirty (30) days prior written notice to the other Party.

27.01 Notices. All notices required or permitted to be given under this Lease shall be in writing and shall be personally delivered or sent by email or United States certified mail, postage prepaid, return receipt requested, addressed as follows:

To City: City of Hollister Copy to: Airport Manager Attn: City Manager 60 Airport Drive
375 Fifth Street Hollister, California 95023
Hollister, California 95023 Telephone: (831) 636-4365

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Telephone: (831) 636-4300 Email:

Email: [email protected]
[email protected]

To Tenant:

or to such other address as either Party may from time-to-time designate by notice to the other given in accordance with this section. Notice shall be deemed effective on the date personally served or sent by email or, if mailed, three (3) business days after the date such notice is deposited in the United States mail.

28.01 Heirs, Successors and Assigns. All the covenants, agreements, conditions and undertakings herein contained shall, subject to the provisions as to assignments, apply to and bind the representatives, heirs, executor, administrators, successors or assigns of all the Parties hereto; and all the Parties shall be jointly and severally liable hereunder.

29.01 Relationship of Parties. The relationship between City and Tenant shall always and only be that of lessor and lessee. Tenant shall never at any time during the Term of this Lease become the agent of City, and City shall not be responsible for the acts and omissions of Tenant, its employees or agents.

30.01 Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive and shall be in addition to all other rights and remedies available to either Party in law or equity.

31.01 Integration. This Lease constitutes the entire agreement between the Parties, and as of its Effective Date supersedes all prior independent agreements between the Parties related to the lease of Leased Premises. Any change or modification hereof must be in writing signed by both Parties.

32.01 Waiver. The waiver by either Party of any covenant or condition of this Lease shall not thereafter preclude such Party from demanding performance in accordance with the terms hereof.

33.01 Severability. If a provision of this Lease shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the Parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the Parties.

ZeroAvia Inc.
90 Skylane Suite 1
Hollister, Ca 95023
425-306-4305
Email: [email protected]

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IN WITNESS WHEREOF, the Parties have executed this Lease as of the day and year first written above.

CITY OF HOLLISTER: TENANT:

By: ___________________________________ ________________________________ David Mirrione, City Manager ZeroAvia Inc.

* Please note: Signature must be notarized.

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EXHIBIT A
Leased Premises

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EXHIBIT A
Leased Premises

ZeroAvia Inc. Ground Lease Page 13 of 13

EXHIBIT B
Fire Department Requirements for Ground Lease

1. Annual Operational Permit Required. The Leased Premises shall not be occupied prior to the City of Hollister Fire Marshall issuing a permit and conducting associated inspections indicating the applicable provisions of the City of Hollister Municipal Code and the California Fire Code have been met. Tenant shall obtain annual operational permits from the City of Hollister Fire Department.

2. Vegetation. Weeds, grass, vines or other growth on the Leased Premises that is capable of being ignited and endangering property, shall be continually cut down and removed by Tenant.

3. Hazard identification signs. Unless otherwise exempted by the City of Hollister Fire Marshal, visible hazard identification signs as specified in N 704 of the California Fire Code for the specific material contained on the Leased Premises shall be placed on all stationary hazardous materials containers.

4. Fire Extinguishers. Portable fire extinguishers suitable for flammable or combustible liquid and electrical-type fires shall be provided as specified in Sections 2005.2 through 2005.6 and Section 906 of the California Fire Code.

Extinguishers required by this section shall be inspected and maintained in accordance with Section 906 of the California Fire Code.

5. Equipment Cabinets and Fire Extinguishers. All equipment approved according to section 10.1 of this agreement shall be equipped with a cabinet or enclosed compartment which shall house portable fire extinguishers. The cabinet or enclosed compartment shall be marked with the words “FIRE EXTINGUISHER” in letters not less than 2 inches (51 mm) high. There shall be ready access to the portable fire extinguishers from either side of the vehicle.

6. Smoking. Smoking on the Leased Premises is prohibited. Signs to this effect shall be conspicuously posted on the Leased Premises.

7. Fueling hazards. All tenant employees handling the equipment approved according to section 10.1 of this agreement shall know and understand the hazards associated with each type of fuel located on the Leased Premises

8. Fire safety training. All Tenant employees who fuel aircraft, accept fuel shipments or otherwise handle fuel shall receive approved fire safety training.

9. Fire extinguisher training. All Tenant employees shall receive approved training in the operation of fire-extinguishing equipment.

10. Records. Tenant shall maintain records of all, above described, training administered to its employees.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # City Manager-2024-49

AGENDA ITEM: A RESOLUTION AUTHORIZING VICE-MAYOR RESENDIZ TO USE $7,000 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR

LAS POSADAS CELEBRATION EVENTS

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

RECOMMENDED ACTION: Adopt a resolution authorizing Vice Mayor Resendiz to use up to $7,000 of FY 24/25 City Council budgeted discretionary funds in financial support to Jovenes de Antaño’s for the Las Posadas celebration events, which includes up to $158 of City administrative support, and auth orizing the City Manager to execute the necessary agreements.

DISCUSSION: In June 2023, The City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Vice Mayor Resendiz requests City Council approval to use budgeted discretionary funds in the amount of $7,000 in financial support of Las Posadas celebration events in partnership with Jovenes de Antaño and with the support from the City Parks and Recreation Department.

The City Manager will negotiate and execute the necessary agreements.

FISCAL IMPACT: Amount not to exceed $7,000
FY 24/25 – 101-1105-730008 – Discretionary Funds – District 2

PREVIOUS COUNCIL OR COMMISSION ACTION: Previous council action approved $4,500 in discretionary funds in FY 23/24.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds – Application Signed

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING VICE MAYOR RESENDIZ TO USE $7,000 OF CITY
COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS IN
FINANCIAL SUPPORT WITH JOVENES DE ANTAÑO LAS POSADAS

CELEBRATION EVENTS AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE NECESSARY AGREEMENTS

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

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

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

WHEREAS, Vice Mayor Resendiz requests City Council approval to use up to $7,000 of FY 24/25 budgeted discretionary funds in financial support to Jovenes de Antaño’s Las Posadas celebration events with support from the City Parks and Recreation Department; and

WHEREAS, the City Manager will execute the necessary agreements with Jovenes de Antaño’s – not to exceed $7,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Vice Mayor Resendiz to use City Council budgeted discretionary funds of $7,000 for Las Posadas celebration events and authorize the City Manager to execute the necessary agreements.

Not to exceed $7,000 - FY 24/25 – 101-1105-730008 - Discretionary Funds – District 2

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Docusign Envelope ID: 5F81A421-04BC-41A9-89A5-6A22115C2EF5 10/11/2024 | 2:57:53 PM PDT

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # City Manager-2024-46

AGENDA ITEM: A RESOLUTION AUTHORIZING MAYOR CASEY TO USE $22,300 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR

ADVERTISING COSTS TO VISIT SAN BENITO COUNTY

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

RECOMMENDED ACTION: Adopt a resolution authorizing Mayor Casey to use up to $22,300 of FY 24/25 City Council budgeted discretionary funds, which includes up to $2,300 of City administrative support, for Visit San Benito County to advertise San Benito County as a tourist destination.

DISCUSSION: In June 2023, The City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Mayor Casey requests City Council approval to use budgeted discretionary funds in the amount of $22,300 for Visit San Benito County to advertise San Benito County as a tourist destination and showcase the beauty and unique experiences San Benito County has to offer through a strategic promotion and community collaboration.

The discretionary funds represent a contract for services not to exceed $20,000 and $2,300 in administrative costs for staff time and resources.

The City Manager will negotiate and execute the necessary agreements with Visit San Benito County.

FISCAL IMPACT: Amount not to exceed $22,300
FY 24/25 – 101-1105-730006 – Discretionary Funds – Mayor

PREVIOUS COUNCIL OR COMMISSION ACTION: A presentation was given to City Council by Visit San Benito County on June 4, 2024.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application - Signed

3. Visit San Benito County – Presentation – 06-04-2024

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING MAYOR CASEY TO USE $22,300 OF CITY COUNCIL
BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR VISIT SAN

BENITO COUNTY TO ADVERTISE SAN BENITO COUNTY AS A

TOURIST DESTINATION AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE NECESSARY AGREEMENTS

WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations t hat provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and

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

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

WHEREAS, Mayor Casey requests City Council approval to use up to $22,300 of FY 24/25 budgeted discretionary for Visit San Benito County to advertise as a tourist destination; and

WHEREAS, the discretionary funds represent a contract for services not to exceed $20,000 and $2,300 in administrative costs for staff time and resources; and

WHEREAS, the City Manager will execute the necessary agreements with Visit San Benito County – not to exceed $20,000.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Mayor Casey to use City Council budgeted discretionary funds of $22,300 to advertise San Benito County as a tourist destination and authorize the City Manager to execute the necessary agreements.

Not to exceed $22,300 - FY 24/25 – 101-1105-730006 - Discretionary Funds – Mayor

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Docusign Envelope ID: 16D25956-F29D-4B66-B11D-F66CA5082B0F 10/10/2024 | 2:17:37 PM PDT

We are a 501 (c) 6 nonprofit Destination Marketing Organization (DMO) dedicated to promoting San Benito County as a tourist destination.

We are an all-volunteer group, started in November 2023, and filed with the state and IRS to form our organization in March 2024.

We are following the Visit California model and utilizing their marketing engine, which includes a $3 million investment in the 2024 marketing plan. Visit California is a nonprofit organization that develops marketing programs to inspire travel to and within California.

We will also join the Central Coast Tourism Council to market San Benito County through their Co-Op opportunities. The Council promotes the entire California Central Coast as a destination, highlighting California as the #1 Road Trip State!

Benefits of Promoting Tourism in San Benito
County:
●Every tourism-related business will be served with no
membership fees.
●Tourism is crucial for a balanced economic portfolio.
●It provides an additional revenue stream for local
businesses.
●A healthy tourism economy creates local jobs and new
businesses
●Tourism generates local taxes, funding public services.

We are well positioned to generate interest and demand with our unique attractions, including the Gateway to Pinnacles, rich history, vibrant culture, agriculture, renowned wine, and small-town charm. By focusing on attracting overnight visitors, who spend more, we can create a positive impact on all
tourism-related businesses.

Mission Statement
Showcase the unparalleled beauty and the unique
experiences San Benito County has to offer.

Through strategic promotion and community
collaboration, we will ensure that our county thrives
as a welcoming and memorable destination for all.

Founding Board of Directors
President - Irene Davis
Vice President - Tim Borland
Secretary - Mary Rowen
Treasurer - Kate Modic
Marketing - Kerilyn LaFournaise
Sallie Calhoun, Leslie David and Kris Waller
Advisory Board in development

Strategies to Promote San Benito County as a Tourist Destination Digital Presence
●Website: visitsanbenito.org
●Social Media: Facebook and Instagram
Partnerships
●Joining Visit California: Listed on the Central Coast
section of their website, participating in ad campaigns and other marketing opportunities.
●Joining the Central Coast Tourism Council:

Showcasing San Benito County on their website,
participating in the CCTC Visitor Map, and other
marketing opportunities.

Collaborations
●Working with local groups such as the SBC Chamber,
Hollister Downtown Association, EDC, and Spirit SJB.
●Utilizing Visit California's marketing knowledge and
strategies.

Promotional Activities
●Hosting travel writers, journalists, and travel sellers. ●Attending trade shows to promote SBC.
●Distributing newsletters.
●Maintaining a Calendar of Events related to tourism.

Advertising
●Select Publications: Edible, National Park Trip
Magazine, Sunset, Adventure Sports, etc.
●Certified Folder: Bi-fold brochure for San Benito
County and welcome center video at Pier 39.
●KSBW TV: Ads during news broadcasts.
●Hearst Media: Various marketing opportunities.
●Google Ads
●Facebook and Instagram Ads
●Central Coast Tourism Council
●Visit California

2022 Economic Impact of Travel in San Benito County as Reported by Visit California ➢SBC Travel Related Spending $140.8M
➢SBC State and Local Tax Revenue $12.6M
➢SBC Employment $1.1K

Annual Investment in Tourism
Transient Occupancy Tax (TOT): is a tax on the rent charged to transient guests in hotels/motels. ●We will be requesting a portion of those fees from the Hollister City Council and the SBC Board of Supervisors. In our first year we are requesting $150,000.00 from both the City of Hollister and San Benito County, for a total budget of $300,000.00. SJB is currently funding Spirit San Juan Bautista, so we have not included them this year.

Tourism Improvement District (TID): is a collection of lodging properties that pay an assessment on individual room night stays. The assessment (1-3%) is passed onto the customer. ●We will hire Civitas to go through the 8-12 month process of setting up a TID in San Benito County. The first TID is normally for 5 years and then subsequently they are for 10 years. All of the neighboring areas have TID’s in place to help fund their DMO’s. With our small number of hotels, we will still need the ongoing support of the cities and county.

Other Opportunities:
●Grants
●Fees for specific campaigns

VSBC Proposed
Budget 2024/2025

Working Together for a Common Goal
●Cost Effective
●Cohesive Messaging
●Leveraging Limited Dollars
●Unified Front with Common
Goals
●Unique and Unexpected
Partnerships

Measured Results
Results are measured annually by Visit California. We will also track all advertising campaigns and increased business at tourism related businesses, such as the National Park, State Parks, Hotels, Restaurants, Wineries, Breweries and event venues. We will closely monitor google analytics.

Locals will benefit from our website and social media posts. We will promote local events and have a calendar of things to do. Our website will be a guide book (not a phone book) for our county and have top 10 type lists.

San Benito County offers unique places with wide open spaces, to relax and play the cowboy (or your) way.

Thank you!

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # City Manager-2024-43

AGENDA ITEM: A RESOLUTION AUTHORIZING THE USE OF $11,300 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS IN FINANCIAL

SUPPORT OF THE NEW HOPE FOR YOUTH PROGRAMS AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS

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

RECOMMENDED ACTION: Adopt a resolution authorizing Councilmember Morales to use City Council FY 24/25 budgeted discretionary funds of $11,300 in financial support, which includes up to $1,300 of City administrative support, for the New Hope for Youth programs..

DISCUSSION: In June 2023, the City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Councilmember Morales requests City Council approval to use budgeted discretionary funds in the amount of $11,300, which represents a contract of financial support to the New Hope for Youth programs for $10,000 (event programs, costs, etc.) Exhibit A, and $1,300 in administrative costs for staff time and resources.

These programs will benefit teens through young adults by providing prosocial activities and community outreach with various activities taking place in Hollister or within the Central Coast area through June 2025.

FISCAL IMPACT: The use of City Council budgeted discretionary funds in financial support of the New Hope for Youth programs and authorize the City Manager to negotiate and execute a contract between the City of Hollister and New Hope for Youth for an amount not to exceed $10,000.

FY 24/25 – 101-1105-730009 – Discretionary Funds District 3

PREVIOUS COUNCIL OR COMMISSION ACTION: At the September 3, 2024, City Council meeting, the City Council directed staff to return with a New Hope for Youth itemized program curriculum with the possibility of a discretionary fund’s allocation.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Exhibit A

3. New Hope for Youth – Letter

4. Discretionary Funds - Application Request

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING COUNCILMEMBER MORALES TO USE $11,300 OF
CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS IN

FINANCIAL SUPPORT OF THE NEW HOPE FOR YOUTH PROGRAMS

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

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

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

WHEREAS, Councilmember Morales requests City Council approval to use up to $11,300 of FY 24/25 budgeted discretionary funds – which represents a contract of financial support of $10,000 to New Hope for Youth programs (event programs, costs, etc.) Exhibit A, and $1,300 in administrative costs for staff time and resources; and

WHEREAS, these programs will benefit teens through young adults by providing prosocial activities and community outreach with various activities taking place in or around Hollister through June 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Morales to use City Council budgeted discretionary funds of $11,300 for the financial support of the New Hope for Youth - not to exceed $10,000 and authorize the City Manager to execute a contract between the City of Hollister and New Hope for Youth.

FY 24/25 – 101-1105-730009 - Discretionary Funds – District 3

Resolution No. 2024-43

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

EXHIBIT A

1. Community events

2. Paintballing

3. Fishing

4. Kayaking

5. Rope course

6. Basketball

7. Handball

8. Hiking

9. Bowling

10. Movies

11. Sports events

12. Museums

13. Beach trip

14. Golfing

15. Escape rooms

16. BBQ, food and supplies

Phillip Rodriguez/CEO
[email protected]
408-854-9166
New Hope For Youth

NHFY PROPOSAL

NHFY MISSION

New Hope for Youth is dedicated to serving and reaching out to all gang impacted as well as at-risk youth, young adults, their families and communities. By means of educational programs, individual and family care, support, Pro-Social Activities and resource opportunities that support a healthy, positive, and productive lifestyle.

New Hope For Youth is proposing to provide Prevention and Intervention services to Youth who are Exhibiting High -Risk Behaviors, By the means of Pro-Social activities that will keep them engage and teach them life skills such as Coexisting with others, Self-Controls Confidence, Self-esteem, understanding the value of who they are.

Community Events, BBQ, Paintballing, fishing, kayaking, Rope course, Basketball, handball, Hiking, Bowling, Movies, sports Events. Museums, Beach trip, Golfing, Escape Rooms, that will take place after school and some weekends.

NHF proposed cost for said services is $ 10,000

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # City Manager-2024-44

AGENDA ITEM: A RESOLUTION AUTHORIZING AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) TO PROVIDE SECTION 115 TRUST

SERVICES

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

RECOMMENDED ACTION: Adopt a resolution authorizing an agreement with Public Agency Retirement Services (PARS) to provide Section 115 Trust Services.

DISCUSSION: At the October 1, 2024, City Council meeting, Council approved entering into an agreement with Public Agency Retirement Services (PARS) to open an Internal Revenue Code Section 115 Trust for the purpose of prefunding Other Post-Retirement Benefits (OPEB) and defined benefit pension liabilities. PARS also requires the City Council to approve the creation of the Section 115 Trust.

Although the agreement with PARS was approved on October 1, 2024, the resolution lacked the required language to open the trust. The attached resolution includes the required language necessary to finalize the establishment of the trust.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: At the October 1, 2024 City Council meeting, the City Council approved an agreement with PARS.

CEQA: N/A

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-

EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC

AGENCY RETIREMENT SERVICES (PARS)

WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of prefunding pension obligations and/or OPEB obligations; and

WHEREAS, the City of Hollister (“City”) is eligible to participate in the Program, a tax- exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the regulations issued thereunder, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and

WHEREAS, the City’s adoption and operation of the program has no effect on any current or former employee’s entitlement to post-employment benefits; and

WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the program; and

WHEREAS, the City’s funding of the program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and

WHEREAS, the City reserves the right to make contributions, if any, to the program.

NOW THEREFORE, BE IT RESOLVED that:

1. The City Council hereby adopts the PARS Public Agencies Post- Employment Benefits Trust; and

2. The City Council hereby appoints the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Program; and

3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulations issued or as may be issued; therefore

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # City Manager-2024-48

AGENDA ITEM: A RESOLUTION APPROVING AN AGREEMENT FOR THE

PURCHASE AND SALE OF SURPLUS REAL PROPERTY AT PROSPECT AVENUE

AND JOINT ESCROW INSTRUCTIONS

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

RECOMMENDED ACTION: Adopt a resolution approving and delegating authority to the City Manager to execute the Agreement.

DISCUSSION: Whenever a local agency sells or leases real property, the Surplus Land Act (Gov. Code, § 54220 et seq.) requires the local agency to first follow a statutorily defined process unless an exception to the Surplus Land Act process applies. Although a Surplus Land Act exception likely applies to the Property because it is adjacent to land owned by the purchaser and because it is a former City street (Prospect Avenue), the City elected to complete the full Surplus Land Act process. This included declaring the Property surplus, sending written offers to sell the Property to required agencies and entities, and notifying the Department of Housing and Community Development of the City’s intent to dispose of the Property.

The City has received an offer from Prospect RE LLC, the owner of the adjacent parcel, to purchase the above-described parcel (“Property”) for one hundred eighty thousand dollars ($180,000.00). After the Property purchase is complete, Prospect RE LLC intends to annex its adjacent property into the City. This offer amount is below fair market value of three hundred sixty thousand ($360,000), but the sale of the Property will provide a benefit to the community because the adjacent service station will expand onto the Property, generating additional sales tax revenue for the City. Additionally, the City will no longer be required to maintain the pavement and landscaping upon completion of the sale.

In addition, Prospect RE LLC has agreed to pay one -half of all closing costs associated with the purchase and sale. The City will pay the other half.

FISCAL IMPACT: Prospect RE LLC will pay one hundred eighty thousand dollars ($180,000.00) to the City. In addition, it is anticipated that after annexation of the Property into the City, the City will receive additional sales tax revenue from sales at the service station owned by Prospect RE LLC.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Agreement

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

TO APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF

SURPLUS REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS

WHEREAS, the City of Hollister (the “City”) is the fee title owner of that certain real property described in Exhibit “A”, attached hereto and incorporated herein by reference (the “Property”); and

WHEREAS, the Property is not currently needed by the City, and the City has no anticipated need or planned use for the Property; and

WHEREAS, the City has declared the Property to be surplus land within the meaning of the Surplus Land Act (Government Code sections 54221 et seq.) at a regularly scheduled public meeting on November 7, 2022; and

WHEREAS, pursuant to Government Code section 54222, the City sent a written offer to sell the Property to the entities and agencies identified in the Surplus Land Act, and none of those entities or agencies desired to purchase the Property after having received notice; and

WHEREAS, pursuant to Government Code section 54230.5, the City provided the Department of Housing and Community Development a description of the notices of availability sent in regard to the disposal of the Property; and

WHEREAS, the City has received a written request from Prospect RE LLC to purchase the Property for One Hundred Eighty Thousand Dollars ($180,000.00) (“Sale Price”); and

WHEREAS, although the Sale Price is less than fair market value of Three Hundred Sixty Thousand ($360,000), sale of the Property will lead to expansion of Prospect RE LLC’s business and, thus, will generate additional sales tax revenue for the City; and

WHEREAS, although the Sale Price is less than fair market value of Three Hundred Sixty Thousand ($360,000), the City will no longer be required to maintain the pavement and landscaping upon completion of the sale.

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

1. That the City will sell the Property to Prospect RE LLC according to the provisions included in the Agreement for the Purchase and Sale of Surplus Real Property and Joint Escrow Instructions.

2. The City Manager is authorized to execute any and all documents related to the purchase and sale of the Property.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 corre ct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Exhibit A: Property Legal Description
All that certain real property situated in the City of Hollister, County of San Benito, State of California, lying within Rancho San Justo, being a portion of Parcel 2 granted to the City of Hollister by the Southern Pacific Transportation Company in the Corporation Grant Deed, filed under recorder’s number 9606046 and recorded June 28, 1996, San Benito County records, and being more particularly described as follows:

Beginning at the northwest corner of that certain parcel of land granted to Prospect RE, LLC from George H. Hageman and Shirley J. Hageman in the Grant Deed, filed under recorder’s number 2012-0005901 and recorded June 28, 2012, San Benito County records;
Thence from said Point of Beginning along the westerly boundary of said parcel South 28°02’12” East 221.09 feet to an angle point in the boundary of Parcel 1, as described in the grant deed to SFP-E, LLC from HAWKINS PROPERTIES, LLC, filed under recorder’s number 2015-0008970 and recorded September 14, 2015, San Benito County records, said angle point bears North 28°02’12” West 7.40 feet from the southerly most corner of the aforementioned parcel of land granted to Prospect RE, LLC from George H. Hageman and Shirley J. Hageman in the Grant Deed , filed under recorder’s number 2012-0005901 and recorded June 28, 2012, San Benito County records;
Thence along the westerly boundary of said SFP-E parcel, South 72°25’47” West 43.98 feet;
Thence along the arc of a tangent curve to the left, concave to the east, said curve having a radius of 40.00 feet, through a central angle of 90°39’24”, for an arc length of

63.29 feet;
Thence South 18°13’37” East 59.12 feet to a point on the westerly line of Parcel 2 granted to the City of Hollister by the Southern Pacific Transportation Company in the Corporation Grant Deed, filed under recorder’s number 9606046 and recorded June 28, 1996, San Benito County records;
Thence northwesterly along said line, parallel with and 100 feet westerly of the westerly boundary of that certain parcel of land granted to Prospect RE, LLC from George H.

Hageman and Shirley J. Hageman in the Grant Deed, filed under recorder’s number 20120005901 and recorded June 28, 2012, San Benito County records, North 28°02’12” West 365.27 feet to the southwest corner of that certain parcel of land granted to GRH California, LLC from the City of Hollister in the Grant Deed , filed under recorder’s number 20180003400 and recorded April 17, 2018, San Benito County records; Thence along the southerly boundary of said parcel, said southerly boundary also being the westerly prolongation of the northerly boundary of that certain parcel of land granted to Prospect RE, LLC from George H. Hageman and Shirley J. Hageman in the Grant

Deed, filed under recorder’s number 2012-0005901 and recorded June 28, 2012, San Benito County records, South 86°29’19” East 117.24 feet to the Point of Beginning; Containing 25,466 square feet, more or less.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Community Development-2024-13

AGENDA ITEM: A RESOLUTION APPROVING AN AFFORDABLE HOUSING

AGREEMENT BETWEEN LYNN LAKE AND THE CITY OF HOLLISTER FOR THE AFFORDABLE UNITS LOCATED AT 204 HAWKINS STREET

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

RECOMMENDED ACTION: Adopt a resolution approving the Affordable Housing Agreement between Lynn Lake and the City of Hollister for the affordable residential project located at 204 Hawkins Street.

DISCUSSION: On April 25, 2024, the Assistant City Manager/Interim Community Development Department Director approved an Administrative Permit Review (APR 2024-04) and a density bonus (DB 2024-01) for a project located at 204 Hawkins Street.

The APR was approved to allow the conversion of the existing mixed-use building into a multi-family building with four (4) dwellings restricted to affordable incomes; minor exterior façade modification which includes replacement windows and minor window size modifications; and new parking spaces. The density bonus was approved to allow the development/property owner two incentives in exchange for the restriction of all units within the building to affordable levels for a period of 55 years. In accordance with Chapter 17.34 Density Bonus of the City’s Municipal Code, the reviewing body of the project application, in this case, the Community Development Director, can approve a density bonus if it meets the requirements of the Municipal Code. The two incentives that were approved as a part of the requested density bonus are to allow for off -site parking (on a parcel adjacent to the project site and owned by the same property owner) and to reduce the required parking to one parking space per dwelling unit. The off -site parking spaces are currently used by the existing units, however, the density bonus request was to keep the parcels separate, rather than merge the two parcels into one larger parcel. A deed restriction was prepared in consultation with the City Attorney’s office, and recorded on each parcel, preserving the off -site parking spaces for the residential units in perpetuity. The reduction in parking is in accordance with State requirements for density bonus incentives.

As required by the Municipal Code and as a project condition of approval, the City of Hollister must approve a written Affordable Housing Agreement between the developer and the City. The purpose of the Affordable Housing Agreement is to ensure that the four (4) units remain affordable for a period of 55 years.

The City Attorney has reviewed and approved the Affordable Housing Agreement. The property owner has also reviewed the agreement. Staff recommends that the City Council of the City of Hollister review and approve the attached Affordable Housing Agreement.

FISCAL IMPACT: This item results in no fiscal impact to the City of Hollister.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: The Affordable Housing Agreement is exempt from review under California Environmental Quality Act Guidelines 15061(b)(3) because there is no possibility that the execution of this agreement will result in impacts to the environment.

ATTACHMENTS:

1. Resolution of the City Council of the City of Hollister approving an Affordable Housing Agreement

2. Lynn Lake/204 Hawkins Street Affordable Housing Agreement

3. Action letter approving APR 2024-04 and DB 2024-01

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN

LYNN LAKE AND THE CITY OF HOLLISTER FOR FOUR AFFORDABLE HOUSING UNITS LOCATED AT 204 HAWKINS STREET

WHEREAS, on April 24, 2024, the Assistant City Manager/Interim Community Development Director approved an Administrative Permit Review (APR 2024 -04) and Density Bonus (DB 2024-01) for a residential project located at 204 Hawkins Street; and

WHEREAS, the project reviewing body may approve a Density Bonus for incentives or concessions for projects that meet the affordability requirements of Chapter 17.34, Density Bonus, of the Hollister Municipal Code; and

WHEREAS, the project’s Conditions of Approval require the property owner/developer to enter into an Affordable Housing Agreement with recorded restrictive covenants for the four (4) affordable units; and

WHEREAS, the property owner/developer, Lynn Lake, and the City of Hollister staff have drafted and negotiated an Affordable Housing Agreement that conforms to the City of Hollister’s Municipal Code and project Conditions of Approval for City Council consideration; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the execution of the Affordable Housing Agreement attached hereto as Exhibit A.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 AFFORDABLE HOUSING AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS

by and between

CITY OF HOLLISTER
and
Lynn Lake/204 Hawkins Street
Recording requested by and when
recorded mail to:

City of Hollister
375 Fifth Street
Hollister, CA 95023
Attention: City Manager
Space above this line for Recorder's use.

2 EXHBITS

A: Project Plans
B: Conditions of Approval
C: AMI and Maximum Rent

3 This Affordable Housing Agreement and Declaration of Restrictive Covenants (this “Agreement) is entered into effective as of , (“Effective Date”) by and between the City of Hollister, a California municipal corporation (the “City”) and Lynn Lake whose principal address is located at 100 Los Viboras Road, Hollister, CA 95023 (“Developer”).

City and Developer are hereinafter collectively referred to as the “Parties.”

RECITALS

A. Developer is the owner of that certain real property located at 204 Hawkins Street in the City of Hollister, County of San Benito further identified as Assessor Parcel Numbers 056-020-017-0 and 056-020-021-0 (“Property”).

B. In February 2024, Developer applied for an application, Administrative Permit Review (APR) 2024-04 to the City for the conversion of a mixed-use building to a multi-family residential building (the “Project”) which includes the remodeling of the existing building to remove the existing commercial space and remodel the interior to create four (4) new multi-family residential units in the existing building. Additional improvements include minor exterior modifications including window modifications, trim, and parking lot striping. The existing single family residence will remain on site. Developer intends to construct four (4) apartment dwellings within an existing building (APR 2024-04) as described on the project plans approved by the Community Development Department on April 25, 2024, and attached as Exhibit A (“Project”).

C. Developer also requested approval of a Density Bonus for two incentives, the reduction in the number of parking spaces required by the City Municipal Code and the use of off- site parking, in exchange for the restriction of all four (4) dwelling units (in the multi- family building) to low-income households for a period of fifty-five (55).

D. The Conditions of Approval for APR 2024-04 and DB 2024-01 require the Developer to enter into an Affordable Housing Agreement for the restriction of all four (4) residential dwellings to be restricted to low-income households and families for a period of fifty-five (55) years.

E. For the Agreement Term, the Developer has agreed to develop and operate the Affordable Units under the terms and conditions as indicated in this Agreement and the Conditions of Approval.

F. It is the intention of the City to set forth in greater detail and specificity within this separate document the terms and conditions for renting the Affordable Units and providing documentation to the City.

G. It is the intention of the Developer and the City that this Agreement run with the title to the Property and be binding on all parties that have or will acquire any right, title,

4 or interest in the Affordable Units during the term of this Agreement.

NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

ARTICLE 1
Definitions

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits.

1.1. “Adjusted Income” shall mean the total anticipated annual income of all persons in a household, as calculated in accordance with Title 24 of the Code of Federal Regulations (CFR) Part 5. In the event that no such program exists, the Agency shall provide the Developer with a reasonably similar method of calculation of adjusted income as provided in said 24 CFR.

1.2. “Affordable Units” means the four (4) residential units included in the application for an Administrative Permit Review and Density Bonus (APR 2024-04 and DB 2024-01) as more particularly described in the approved plans (Exhibit A).

1.3. “Agreement” means this Affordable Housing Agreement.

1.4. “Area Median Income (AMI)” means the area median income for San Benito County, California, adjusted for household size, determined periodically by the California Department of Housing and Community Development (“HCD”) as published in section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code section 50093(c). If HCD ceases to make such determination, Median Income shall be the median income applicable to San Benito County, with adjustments for household size, as determined from time to time by the United States Department of Housing and Urban Development (“HUD”) pursuant to the United State Housing Act of 1937 as amended, or such other method of median income calculation applicable to the City of Hollister that HUD may hereafter adopt in connection with such Act.

1.5. “Eligible Household” means a household which total household gross income does not exceed the maximum income level for a Restricted Unit as specified in Exhibit C and that meets the requirements set forth in Section 3.1.

1.6. “Excess Rent” means any amounts collected from the rental of any one of the

5 Affordable Units that are in excess of the Maximum Allowable Rent for that unit.

1.7. “Household” means a person or persons living together in the same residence.

1.8. “Maximum Allowable Rents” are the rents as determined by the following formula: Multiply the annual household income limit (as determined by the matrix in Exhibit C, subject to annual updates by the City) by .30 to obtain an annual household allowance of thirty (30%) percent of income. Round that figure up to the nearest Fifty and no/100ths ($50.00) Dollars to get the annual household allowance.

Divide the annual household allowance by twelve (12). Round this figure up to the nearest Fifty and no/100ths ($50.00) Dollars to get the monthly household allowance which amount is the maximum rental payment. Rents include the total maximum monthly payment by the Tenant for the following: use and occupancy of the Affordable Units, land and associated facilities, including parking (other than parking services acquired by the Tenant on an optional basis); any separately charged fees assessed by the Developer which are required of all Tenants, if any, other than security deposits; the cost of an adequate level of service for utilities, including garbage, sewer, water, electricity, heating, cooking, refrigeration, etc., paid by the Tenant, for households in San Benito County, California, as published by the Housing Authority of Santa Cruz County; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Developer, and paid by the Tenant. If such utility allowances are no longer published, or are not updated for a period of at least eighteen (18) months, then the City shall provide the Developer with other utility allowances which are reasonably similar with respect to those previously published by Housing Authority of Santa Cruz County.

1.9. “Restricted Unit” means a dwelling unit which is reserved for occupancy as a primary place of residence for no more than one Low-Income Eligible Household in accordance with this Agreement.

1.10. “Section 8 Priority Units” shall mean Affordable Unit(s) that must be listed with the Housing Authority of the County of Santa Cruz, or subsequent agency responsible for administering Section 8 Fair Market Rents in San Benito County, as for rent by households who participate in the Section 8 Program at rents that do not exceed the Section 8 Fair Market Rents as established by the United States Department of Housing and Urban Development.

1.11. “Gross Annual Household Income” means the combined adjusted gross (pre- tax) income of all adult persons in a household as calculated pursuant to the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.

6 ARTICLE 2.

AFFORDABILITY COVENANTS

2.1 Occupancy Requirement. Developer shall, for the duration of the Agreement Term, rent the Affordable Units to or below the Low-Income level. Developer shall limit the occupancy of the Affordable Units to Tenant(s) with Low Income Households. In addition, the Affordable Units shall not be operated as transient housing and/or occupied by Developer’s on-site management and/or maintenance staff.

2.2 Assumed Household Size. The Assumed Household Size, in accordance with the California Department of Fair Employment and Housing (DFEH) formula, is one persons per bedroom plus one, as follows:

Number of Bedrooms Assumed Household Size
Studio One
One Two
Two Three
Three Four

2.3 Approval of Rent. The Rent charged for the Affordable Units shall be approved by the City in writing. The Rent may only be increased one time per year (unless otherwise approved in writing by the City) and shall not exceed the Maximum Allowable Rent. The Developer shall submit to the City the proposed rent increase at least sixty (60) calendar days prior to increasing the rent for approval. The Tenants shall be given at least thirty (30) days written notice prior to any increase in the rent.

2.4 Lease/Rental Agreement Provisions. The Developer shall include in the lease or rental agreement for the Affordable Units provisions which authorize the Developer to immediately terminate the tenancy if the Tenant, or any member of the Tenant’s household, misrepresents any fact material to the household's qualification to occupy the Affordable Units. The lease or rental agreement shall also provide that the Tenant is subject to annual income certification in accordance with Section 3.1 below, contain covenants concerning discrimination, and provide that the Affordable Units are subject to inspection in accordance with Section 4.3 below.

2.5 Non-Discrimination; Compliance with Fair Housing Laws. In leasing/renting the Affordable Units, the Developer, or any person operating under or through the Developer shall comply with state and federal fair housing laws in the marketing and rental of the units in the Project.

2.6 Non-Discrimination. Developer covenants for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, sex, sexual orientation, marital status, familial status, ancestry, disability or national origin in the sale, transfer, use, occupancy, tenure or enjoyment of the Property or the Project, nor shall Developer or any person claiming under or through Developer

7 establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Project.

2.7 Eligibility. The Affordable Units shall be rented to a Low Income household.

2.8 Affordability Requirements. No fewer than four (4) dwelling units in the Project shall be rented to and occupied by Eligible Households.

2.9 Maximum Allowed Rent. Rents shall be determined by the following formula:

Multiply the annual household income limit (as determined by the matrix in Exhibit C, subject to annual updates by the City as described above) by .30 to obtain an annual household allowance of thirty (30%) percent of income. Round that figure up to the nearest Fifty and no/100ths ($50.00) Dollars to get the annual household allowance. Divide the annual household allowance by twelve (12). Round this figure up to the nearest Fifty and no/100ths ($50.00) Dollars to get the monthly household allowance which amount is the maximum rental payment. Rents include the total maximum monthly payment by the Tenant for the following: use and occupancy of the Affordable Units, land and associated facilities, including parking (other than parking services acquired by the Tenant on an optional basis); any separately charged fees assessed by the Developer which are required of all Tenants, if any, other than security deposits; the cost of an adequate level of service for utilities, including garbage, sewer, water, electricity, heating, cooking, refrigeration, etc., paid by the Tenant, for households in San Benito County, California, as published by the Housing Authority of Santa Cruz County; any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Developer, and paid by the Tenant. If such utility allowances are no longer published, or are not updated for a period of at least eighteen (18) months, then the City shall provide the Developer with other utility allowances which are reasonably similar with respect to those previously published by Housing Authority of Santa Cruz County.

ARTICLE 3.

INCOME CERTIFICATION AND REPORTING

3.1 Income Certification. Prior to the approval of an Eligible Household, the Developer shall certify to the City of Hollister the total Gross Household Income of the prospective Eligible Household. Gross Household Income shall mean all income, from whatever source derived, of all adult household members (eighteen (18) years of age and older) but does not include income from dependents up to age twenty-four (24) that are full time students whether or not such income is exempt from Federal Income Tax. All financial accounts from all household members, regardless of age, must be included in the application. Household Income will be based on current income projected out twelve (12) months from the time of application. The Developer shall make a good faith effort to verify that the income provided by an applicant seeking to occupy any of the Affordable Units or a household then occupying any of the Affordable Units in an income certification is accurate by taking one or more of the following steps as a part of the verification process:
a. obtain pay stubs for the most recent pay periods;

8 b. obtain a W-2 form or an income tax return for the most recent tax year; c. conduct a credit agency or similar search;
d. obtain an income verification form from the applicant's current employer; e. obtain an income verification form from the Social Security Administration, California Department of Social Services, Employment Development Department, or other such agency, if the applicant receives assistance from either of such agencies; f. obtain latest statements from all other income sources; or g. if the applicant is unemployed and has no such income verification information, obtain another form of independent verification.
h. obtain tenant’s proof of eligibility from the Santa Cruz Housing Authority, or subsequent agency administering Section 8 Fair Market Rents in San Benito County, for Section 8 qualified tenants;

Copies of Tenant files shall be available to the City upon request.

3.2 Annual Report to the City. On January 30th of each year during the Agreement Term, the Developer shall submit a report to the City, in a form reasonably approved by the City. Such report shall include, at a minimum, the address of the Affordable Units, the Rent paid for the Unit(s) and the income and size of the household occupying the Affordable Units. The report shall also state the date the tenancy commenced and such other information as the City may be required by law to obtain.

3.3 Additional Information. The Developer shall provide any additional information reasonably requested by the City pertaining to the Affordable Units. The City shall have the right to examine and make copies of all books, records or other documents of the Developer which pertain to the Affordable Units during normal business hours.

3.4 Records. The Developer shall maintain complete, accurate and current records pertaining to the Affordable Units and retain such records for fifty-five (55) years and shall permit any duly authorized representative of the City (during business hours and upon not less than seventy- two (72) hours notice) to inspect the records. All Eligible Household lists, applications, and waiting lists relating to the Project’s four (4) Restricted Units shall at all times be kept separate and identifiable from any other business of the Developer and shall be maintained as required by the City in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City.

3.5 Public Records. Developer understands and acknowledges that all records provided by the Developer to the City are public records and will be subject to disclosure.

ARTICLE 4.

PROPERTY MANAGEMENT

4.1 Management Responsibilities. The Developer is specifically responsible, subject to its obligations herein, for all management functions with respect to the Affordable Units, including without limitation the selection of the Tenant(s), certification and recertification of household size

9 and income of the Tenant(s), evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Affordable Units.

4.2 Property Maintenance. The Developer agrees, for the entire Agreement Term, to maintain all interior and exterior improvements on the Property in good condition and repair in accordance with all applicable laws, rules, ordinances, orders and regulation of all federal, state, county, municipal and/or other governmental agency and/or body having or claiming jurisdiction, including all their respective departments, bureaus, and officials.

4.3 On-Site Inspection. The City shall have the right to perform an on-site inspection of the Property following prior written notice to the Developer of at least twenty-four (24) hours or seventy-two (72) hours if such inspection shall include entry into any of the Affordable Units. The Developer agrees to cooperate in such inspection and shall promptly notify the occupants of any of the Affordable Units identified for inspection of such inspection in accordance with the lease or rental agreement.

4.4 Hazardous Materials Indemnity. Without limiting the generality of the indemnity set forth in Section 5.10, the Developer shall indemnify and hold harmless the City and their respective board members, council members, directors, officers, employees, agents, successors and assigns from and against any loss, damage, cost, expense or liability they may incur directly or indirectly arising out of or attributable to the use, generation, storage, release, threatened release, discharge, or disposal by the Developer or its contractors, subcontractors, tenants, agents, employees, and licensees of Hazardous Materials on, under, or about the Property, including without limitation: (a) all foreseeable consequential damages; (b) the costs of any required or necessary repair, cleanup or detoxification of the Property and the preparation and implementation of any closure, remedial or other required plans; and (c) all reasonable costs and expenses incurred by the City in connection with clauses (a) and (b), including but not limited to reasonable attorney's fees. This obligation to indemnify shall survive termination of this Agreement.

ARTICLE 5.

MISCELLANEOUS

5.1 Affordability Period. The Affordable Units shall be maintained and operated under the provisions of this Agreement for a minimum of fifty-five (55) years following the date the City issues the Certificate of Occupancy for the Affordable Units (“Affordability Period”).

5.2 Agreement Term. The provisions of this Agreement shall remain in force until six (6) months following the end of the Affordability Period (Agreement Term) and shall bind any successor or assign of the Developer, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, with or without the approval of the City, except as expressly released by the City.

5.3 Insurance. Developer shall obtain and maintain, for the duration of the Agreement Term, at its expense, insurance including comprehensive general liability, property damage (fire and

10 flood, if in the floodplain) for the development and continued operation of the Property from an insurance company duly licensed to engage in the business of issuing such insurance in the State and provide proof of such insurance to the City as part of its annual report.

5.4 Subordination. This Agreement shall be subordinated in priority only to the liens and encumbrances approved by the City in writing in its reasonable discretion to the extent permitted by law. The City shall not unreasonably withhold, delay, or condition said approval for construction financing or permanent financing.

5.5 Transfer and Encumbrance of Units. During the Agreement Term, the Developer shall not make or permit any sale, assignment, conveyance, lease (other than the rental of the Affordable Units to Tenant(s)), or transfer of the Affordable Units or any part thereof without the prior written consent of the City which shall not be unreasonably withheld. In addition, City shall not unreasonably withhold its consent to the sale, transfer or other disposition of the Project, in whole or in part, provided that:

a. The Project is and shall continue to be operated in compliance with the Agreement;

b. The transferee expressly assumes all obligations of Developer imposed by this Agreement; and/or

c. The transferee executes all documents reasonably requested by the City with respect to the assumption of the Developer’s obligations under this Agreement.

5.6 Compliance. The Developer shall comply with all requirements and conditions of this Agreement, the Conditions of Approval, and any special terms, conditions requirements and/or waivers that were specifically applied to the Project as part of the City’s approval of the Project.

5.7 Conversion to Ownership Units. Developer shall not convert the Affordable Units to condominium ownership or any other form of individual ownership during the Agreement Term.

5.8 Non-Liability of Officials, Employees and Agents . The City shall not be personally liable to the Developer for any obligation created under the terms of this Agreement except in the case of actual fraud, willful misconduct or sole gross negligence by such person.

5.9 Appointment of Other Agency(ies). The City, at its sole discretion, may designate, appoint or contract with another agency, organization, corporation, partnership, individual, etc. to perform the City’s obligations under this Agreement. Developer agrees, should this occur, to cooperate with the City’s appointee under the terms and conditions of this Agreement, Conditions of Approval, and all applicable ordinances.

5.10 Indemnity. Notwithstanding any other provisions herein, the Developer shall indemnify and hold the City free and harmless against any losses, damages, liabilities, claims,

11 demands, judgments, actions, court costs, and legal or other expenses (including without limitation attorneys' fees) which the City may incur as a direct or indirect consequence of (a) Developer's development and operation of the Property, (b) the Developer's failure to perform any obligations as and when required by this Agreement; (c) any failure of any of the Developer's representations or warranties to be true and complete; (d) any act or omission by the Developer or any contractor, subcontractor, management agent, or supplier with respect to the Property; (e) any claim or damage arising out of or relating in any manner to the development of the Property or operation of the Affordable Units, except where such losses are caused by the sole gross negligence, or willful misconduct of the City. The Developer shall pay immediately upon the City's demand any amounts owing under this indemnity. The duty of the Developer to indemnify includes the duty to defend the City in any court action, administrative action, or other proceeding brought by any third party arising from the Property. The Developer's duty to indemnify the City for acts, failures to act, or misrepresentations occurring during the Term shall survive the Agreement Term.

5.11 Covenants to Run With the Land. The City and the Developer hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Agreement Term said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any portion thereof shall be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City expressly releases such conveyed portion of the Property from the requirements of this Agreement.

5.12 Developer Default; Enforcement by City. If the Developer fails to perform any obligation under this Agreement or Conditions of Approval, and fails to cure the default within thirty (30) days after the City has notified the Developer in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure to completion (in no event to exceed ninety (90) days), the City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law:

a. Action to Compel Performance or for Damages. The City may bring an action at law or in equity to compel the Developer's performance of its obligations under this Agreement, and/or for damages.

b. Excessive Rent. In the event that and to the extent that the Developer receives rents or other payments from the operation of the Affordable Units in excess of what is permitted to be charged pursuant to this Agreement, Developer agrees and covenants to pay the City the full amount of such excess immediately on demand by the City, which the City shall pay to the affected tenant(s). Developer and the City agree and intend that the payment of such excess rents to the City shall not alone be an adequate remedy to accomplish the purposes of this Agreement.

c. Cumulative Remedies. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of the City to enforce the provisions

12 hereof in the future for any continuing or new breach or violation of any of the covenants or restrictions contained in this Agreement. All rights and remedies of the City shall be cumulative and the exercise of any such right or remedy shall not impair or prejudice, and shall not be a waiver, of the right to exercise any other such rights and remedies.

d. Third Party Beneficiaries. This Agreement is made for the sole protection and benefit of the City, and their permitted successors. No other person shall have the right of action based on any provision of this Agreement.

5.13 Attorneys' Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This Section 5 shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. The parties agree and acknowledge that this Agreement reflects the mutual intentions of the parties and any rule of construction (including but not limited to Civil Code Section 1654) to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.

5.14 Recording and Filing. The City and the Developer shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of San Benito.

5.15 Governing Law. This Agreement shall be governed by the laws of the State of California, except those provisions preempted by federal law.

5.18 Amendments. This Agreement may be amended only if approved by the City and only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the property records of the County of San Benito, California.

5.19 Recordation: No Subordination. This Agreement shall be recorded in the Official Records of San Benito County. Developer hereby represents, warrants and covenants that absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Project’s four (4) Restricted Units. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project’s four (4) Restricted Units in a position superior to the Agreement, upon the request of the City, Developer hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 17, and to provide such evidence thereof as City may reasonably request.

5.20 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section.

13 a. All such notices shall be sent by:
i. Personal delivery, in which case notice is effective upon delivery; ii. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or iii. Nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.
b. All such notices shall be sent to:

City: City of Hollister
375 Fifth St.

Hollister, CA 95023
Attention: Housing Programs Manager

Developer: Lynn Lake
100 Los Vibranos Road
Hollister, CA 95023

5.21 Further Assurances. The Parties shall execute, acknowledge, and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

5.22 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.

5.23 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing body of the City.

5.24 Non-Liability of City and City Officials, Employees, and Agents. No member, official, employee, or agent of the City shall be personally liable to Developer or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Developer or its successor or for any obligation of City under this Agreement.

5.25 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.

14 5.26 Time is of the Essence. Time is of the essence in the performance of this Agreement.

5.27 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.

5.28 Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.

5.29 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

5.30 Entire Agreement; Exhibits. This Agreement, together with the Conditions of Approval, contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. The exhibits attached hereto are incorporated herein by this reference.

5.31 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

15 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Agreement and Declaration of Restrictive Covenants as of the date first written above.

CITY OF HOLLISTER
a California Municipal Corporation

By:

Name: [NAME]
[TITLE]

Lynn Lake
By:

Name:

Title:

By:

Name:

Title:

ATTEST:

By:

City Clerk

APPROVED AS TO FORM:

By:

City Attorney

SIGNATURES MUST BE NOTARIZED

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Community Development-2024-14

AGENDA ITEM: A RESOLUTION APPROVING A CANNABIS REGULATORY PERMIT RENEWAL 2024/ 2025 CULTIVATION FOR 3GM INC.

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C. Mendez

RECOMMENDED ACTION: Adopt a resolution approving the renewal of a regulatory permit for 3GM Inc. to operate a cannabis cultivation facility located at 1891 Airway Drive.

DISCUSSION: On October 5, 2020, the City Council initially granted a Cannabis Use Permit and Development Agreement for 3GM Inc. to operate a cannabis cultivation facility (Resolution No. 2020-196). Subsequently, on November 2, 2020, the City Council approved a regulatory permit (Resolution No. 2020-14) for 3GM Inc. to operate a cannabis cultivation facility at 1891 Airway Drive.

At its regular meeting on November 6, 2023, the City Council renewed 3GM Inc. regulatory permit for the 2023/2024 period.

In accordance with Section 5.42.050 of the City of Hollister Municipal Code, renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as re quired under HMC, § 5.42.070 (A). 3GM Inc. has continued to address and comply with all operational requirements related to its cannabis cultivation and staff are not aware of any required findings that would warrant the rejection of a regulatory permit renewal.

Renewal of the current regulatory permit will allow 3GM Inc. to continue its cultivation operations into the 2024/2025 period.

FISCAL IMPACT: As a regulatory permittee, 3GM Inc. is required to pay quarterly taxes to the City. Non-approval of an applicable regulatory permit for cultivation would result in a loss of current tax revenue.

PREVIOUS COUNCIL OR COMMISSION ACTION: On October 5, 2020, the City Council initially granted a Cannabis Use Permit and Development Agreement for 3GM Inc. to operate a cannabis cultivation facility (Resolution No. 20 20-196). Subsequently, on November 2, 2020, the City Council approved a regulatory permit (Resolution No. 2020- 14) for 3GM Inc. to operate a cannabis cultivation facility at 1891 Airway Drive. Most recently, on November 6, 2023, the City Council renewed 3GM Inc. regulatory permit for the 2023 to 2024 period.

CEQA: Exempt: Section 15301 The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301, which applies to the operation

and maintenance of existing facilities. This exemption is appropriate as the project involves the renewal of a regulatory permit for an established cannabis cultivation facility, with no significant changes or expansion of operations anticipated. Therefore, no further environmental review is required.

ATTACHMENTS:

1. Resolution

2. Regulatory Permit Application

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING A REGULATORY PERMIT FOR 3GM INC. TO OPERATE A
CANNABIS CULTIVATION FACILITY AT 1891 AIRWAY DRIVE (APN 053-420-037-000)

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of October 5 2020, approved a Cannabis Use Permit and Development Agreement for 3GM Inc. located at 1891 Airway Road; and

WHEREAS, the City Council at its regular meeting of November 2, 2020 issued an initial cannabis cultivation regulatory permit to 3GM Inc.; and

WHEREAS, the City Council at its regular meeting of November 6, 2023 renewed the current 3GM Inc. cannabis cultivation regulatory permit for the 2023/2024 period; and

WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and

WHEREAS, 3GM Inc. has submitted a cannabis cultivation regulatory permit application for renewal consideration for the 2024/2025 period, and it has been deemed complete; and

WHEREAS, at its regular meeting of October 15, 2024, the City Council considered 3GM Inc.’s regulatory permit renewal request, reviewed the staff report, and received written and/or oral testimony regarding the proposed renewal; and

WHEREAS, under the provisions of Section 5.42.070 A of the Hollister Municipal Code the City Council may reject a regulatory permit renewal based upon specific findings; and

WHEREAS, under the provisions of Section 5.42.14 the City Council may place conditions upon the 3GM Inc. cannabis cultivation regulatory permit as deemed appropriate.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves and authorizes the renewal of the current cannabis cultivation regulatory permit for 3GM Inc. located at 1891 Airway Road for the 2024/2025 period.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of October 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 15, 2024
REPORT # Fire-2024-14

AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR A

TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT TO THE HOLLISTER FIRE

DEPARTMENT

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an agreement with the California Office of Emergency Services for a temporary transfer of vehicular equipment to the Hollister Fire Department.

DISCUSSION: On February 20, 2018, the City Council approved the Hollister Fire Department's participation in the California Fire Service and Rescue Emergency Mutual Aid Plan as an Apparatus Assignee per Resolution No. 2018 -34. The Hollister Fire Department was assigned Fire Apparatus Engine OES 329 for a contract term of ten (10) years. OES 329 has reached the end of its life cycle and is to be replaced by OES 2122.

The Hollister Fire Department will be temporarily assigned OES 2122 to respond to local, Regional, State, and National incidents. The term of this agreement shall be for fifteen (15) years unless terminated under the terms of this agreement. The fire apparatus is to be used at multiple-alarm fires or to temporarily replace first-line fire apparatus that may be out of service due to mechanical problems. Per the terms of the agreement, the Hollister Fire Department would agree to staff the apparatus and respond to any mutual aid emergency when requested by the Operational Area Fire and Rescue Coordinator.

FISCAL IMPACT: This would not create a significant budgetary impact. Per the agreement's terms, whenever the apparatus is requested by the Operational Area Fire and Rescue Coordinator for incidents outside the local jurisdiction, the city will receive reimbursement of contracted labor costs plus an administrative fee. Minor mechanical repairs totaling $100.00 or less per incident and apparatus insurance are required at an annual cost of $2,590.00. However, there are significant cost savings in using the fully equipped OES fire apparatus as a reserve apparatus when a first-line apparatus is out of service for repair or maintenance.

PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution No. 2018-34 was previously approved by the Council.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. OES 2122 Agreement

3. Insurance Certificate

4. Resolution No. 2018-34

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH THE CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR A

TEMPORARY TRANSFER OF VEHICULAR EQUIPMENT TO THE

HOLLISTER FIRE DEPARTMENT

WHEREAS, the City of Hollister City Council approved Resolution No. 2018-34 on February 20, 2018 authorizing the Hollister Fire Department to participate in California Fire Service and Rescue Emergency Mutual Aid Plan as an Apparatus Assignee; and

WHEREAS, the Hollister Fire Department will be temporarily assigned Cal OES Fire Apparatus 2122 to be used in response to any mutual aid emergency when requested by the Operational Area Fire and Rescue Coordinator; and

WHEREAS, the Fire Apparatus will respond to Local, Regional, State , and National Incidents; and

WHEREAS, the Fire Apparatus is to be used at multiple -alarm fires or to temporarily replace first-line fire apparatus that are out of service due to mechanical problems ; and

WHEREAS, the term of the agreement shall be for fifteen (15) years;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute an agreement with the California Office of Emergency Services for a temporary transfer of vehicular equipment to the Hollister Fire Department.

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 15, 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 October 15, 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 October 15, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR

3650 SCHRIEVER AVENUE  MATHER, CA 95655

FIRE AND RESCUE DIVISION
PHONE: (916) 845-8711  FAX: (916) 845-8396

September 30, 2024

Jonathan Goulding, Fire Chief
Hollister Fire Department
110 Fifth St.

Hollister, CA 95023

Dear Chief Jonathan Goulding,

You will find enclosed two copies of Assignment of Equipment Form, and Agreement for Temporary Transfer of Vehicular Equipment covering the assignment of Cal OES Fire Engine No. 2122 to the Hollister Fire Department. The Agreement is effective October 28, 2024.

Please have the authorized official sign both copies of the above-mentioned documents and return one original set to our office.

NOTE 1: Cal OES cannot assign the apparatus to your agency until this signed Agreement is returned.

It is required that this office be furnished with a Certificate of Insurance, or a letter certifying self-insurance in accordance with Paragraph 16 and 17 of the Agreement for Temporary Transfer of Vehicular Equipment.

If you have any questions regarding this assignment, please feel free to contact our office.

Sincerely,

Brian S Marshall
State Fire and Rescue Chief

Cc: Eric Moore, Chief, Region II Fire and Rescue Coordinator George Nunez, Chief, Operational Area Coordinator, Region II Sam Marouk, Cal OES Deputy Chief of Operations North
Mark Courson, Cal OES Assistant Chief Region II
Ryan Wakefield, Cal OES Assistant Chief Region II

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
1 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

AGREEMENT FOR

TEMPORARY ASSIGNMENT OF VEHICULAR EQUIPMENT

THIS AGREEMENT, entered into this 28th day of October 2024, by and between the Governor’s Office of Emergency Services, hereinafter “CAL OES” acting by and between its duly appointed and qualified Director of the Governor’s Office of Emergency Services and the Hollister Fire Department Fire Department, acting by and through its duly appointed, qualified and acting officers, hereinafter called "ASSIGNEE."

W I T N E S S E T H:

WHEREAS, the State of California has purchased fire apparatus and equipment for the purpose of responding to incidents in furtherance of the California Fire Service and Rescue Emergency Mutual Aid Plan; and

WHEREAS, Cal OES is authorized to assign these fire apparatus and equipment to local jurisdictions throughout the State under written agreements to be staged for Cal OES purposes and for use by local jurisdictions for the purposes described below; now, therefore,

IT IS HEREBY MUTUALLY AGREED between the parties hereto as follows:

1. ASSIGNMENT. CAL OES hereby transfers possession to ASSIGNEE and ASSIGNEE hereby accepts possession from CAL OES of the fire apparatus and equipment listed on the attached Exhibit "A" which is by this reference made a part hereof, for the period commencing October 28th, 2024, for the following all-risk events, emergency incidents, civil defense, and disaster purposes, namely:

Mutual aid, multiple alarm events and emergency incidents, emergency incidents threatening properties vital to national defense or important military installations, parades and displays, training of regular, volunteer, and auxiliary firefighters and temporary standby for ASSIGNEE's regular apparatus and the regular apparatus of other departments while out of service for repairs.

a. Vehicle Description: 2024 HME Type 1 Engine
Vehicle Designation: 2122
Vehicle License Number: 1692689
Vehicle Identification Number: 44KFT4287RWZ24015
Value of Vehicle: $514,440.75
Value of Hose and Appliances: $155,425.58

b. Equipment inventories (Exhibit "A") may by mutual concurrence of the CAL OES and ASSIGNEE be changed during the term of this Agreement, utilizing property accountability procedures established or approved by the State.

2. TERM. The term of this Agreement shall be for fifteen (15) years unless terminated pursuant to the terms of this Agreement.

3. CONSIDERATION. Consideration for this Agreement is the mutual benefit the parties will enjoy by having a fire apparatus locally available for use as provided in this Agreement.

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
2 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

4. HOUSING, MAINTENANCE, REPAIR, AND REPLACEMENT. During the term of this transfer, ASSIGNEE agrees to adequately house in an enclosed secure structure, staff, operate, maintain and repair (consistent with section 4b) said fire apparatus and equipment (hereinafter collectively referred to as "the Apparatus" except where it is desired to refer to equipment alone, in which case the term "Equipment" is used) at its sole cost and expense, except as otherwise expressly provided in this Agreement. ASSIGNEE also agrees to complete all reports and maintain records consistent with Section 14. Apparatus shall be housed on property of the ASSIGNEE in a manner to provide reasonable protection against inclement weather, sabotage, theft , or malicious damage. Apparatus shall be maintained in such condition that it is available for immediate emergency use, and at the same standard as other emergency apparatus operated by ASSIGNEE. Maintenance shall include care of hose, batteries, tires, appliances, lubrication and fuel, general cleaning and polishing, minor body repairs and periodic testing. Repairs shall include, without being limited to, motor tune-ups, pump repairs, transmission, differential and all running gear, brake and exhaust systems, cooling devices including radiator, pump packing, and equipment assigned to Apparatus.

a. Repairs to the extent of $100.00 for each individual item of repair shall be the responsibility of ASSIGNEE.

b. Repairs to the extent that they exceed $100.00 for each individual item of repair shall be the responsibility of CAL OES on a $100.00 deductible basis, unless in the judgment of the CAL OES the need for repair results from misuse or negligence on the part of ASSIGNEE in the maintenance or use of the Apparatus, in which event the cost of each such item of repair above $100.00 shall also be the responsibility of ASSIGNEE. In no event shall ASSIGNEE arrange for repairs costing over $100.00 for any item of repair, whether it is the responsibility of CAL OES or ASSIGNEE, without first obtaining written authorization from the Cal OES Fire and Rescue Division.

c. Notwithstanding the foregoing, replacement of hose, batteries and tires shall be the responsibility of CAL OES, except to the extent CAL OES determines that the damage thereto is the result of negligence or misuse on the part of ASSIGNEE, in which event ASSIGNEE will bear such portion of the replacement cost thereof as the CAL OES deems equitable. Procurement of tires, hose and batteries is subject to State fiscal policies and procedures, and written approval must be obtained from the Cal OES Fire and Rescue Division prior to procurement.

d. Maintenance and repairs must be requested and authorized pursuant to the most recent version of the Cal OES Fire and Rescue Division Operations Bulletin #18, which is hereby incorporated into this Agreement by reference.

e. Repair or replacement of the Apparatus transferred hereunder which is consumed, lost, stolen, damaged or destroyed during mutual aid operations when CAL OES has dispatched or directed the dispatch of said Apparatus through Regional or Operational Area Fire and Rescue Coordinators, or when CAL OES has reassigned said Apparatus pursuant to the provisions of paragraph 11 of this Agreement, shall be the responsibility of CAL OES, providing that any such loss or damage shall be the responsibility of ASSIGNEE, if due to the negligence of ASSIGNEE. ASSIGNEE agrees that it will assume responsibility in full for the repair or replacement of Apparatus that has been consumed, lost, stolen, damaged or destroyed in

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
3 01/2023
Agreement for Temporary Assignment of Vehicular Equipment operations ASSIGNEE has directed or controlled.

f. ASSIGNEE must request from CAL OES, in writing, permission to make any and all changes to assigned fire apparatus and equipment. Furthermore, ASSIGNEE will not make modifications, changes, adjustments, or additions, including decals or stickers, to Apparatus without prior written approval from CAL OES.

5. INSPECTION OF APPARATUS. ASSIGNEE agrees that representatives of the Cal OES Fire and Rescue Division and other authorized State personnel may inspect the Apparatus at any time.

6. STAFFING. Reasonable and continual training shall be carried on so that trained personnel shall at all times be avail able to staff and operate said Apparatus. The ASSIGNEE shall provide personnel to staff the assigned apparatus per FIRESCOPE ICS standards. The Cal OES engine may be assigned to out of area assignments for up to 14 days, plus travel time. When local government personnel, staffing Cal OES Apparatus, are committed to extended assignments there may be a need to replace or rotate personnel. Personnel rotation will follow the direction outlined in the California Fire Assistance Agreement when assigned to an incident within California. Crew rotation for incidents outside of California shall be consistent with the appropriate forest’s agencies policy and coordinated by Cal OES.

7. PERSONAL PROTECTIVE EQUIPMENT (PPE) AND SPECIALIZED EQUIPMENT. In addition to providing the standard complement of firefighting PPE, it shall be the ASSIGNEE’S responsibility to provide its personnel with all other PPE that may be required by NFPA 1901, other NFPA Standards, and California Title 8. This shall include, but not be limited to, one Traffic Vest (ANSI / ISEA 207) for each seating position. In addition, we recommend chainsaw chaps be provided. In addition, an automatic external defibrillator (AED) has been added to “Miscellaneous Equipment” in NFPA 1901. To provide consistency with the ASSIGNEE’S equipment, it shall be the ASSIGNEE’S responsibility to provide this device for use on the assigned engine.

8. TRAINING. Personnel assigned shall meet wildland fire and ICS standards established in the California Incident Command Certification System (CICCS) or NWCG 310-1, Wildlife Qualification System Guide (current edition). Personnel assigned to Cal OES Engine’s shall meet Rescue System I standards as certified by the California State Fire Marshal or have completed an equivalent course that meets or exceeds Rescue System I curriculum.

9. DISPATCHING. All movement of the Apparatus shall be handled through the official dispatching channels of ASSIGNEE. ASSIGNEE dispatchers will recognize and act on all official requests for movement of the Apparatus in conformance with the Fire and Rescue Annex (California Fire and Rescue Mutual Aid System) to the State Emergency Plan and its subsequent revisions. CAL OES reserves the right to dispatch, direct the dispatch of, or temporarily reassign the Apparatus whenever, in the opinion of the Director of Cal OES, his representatives or Operational Area and Regional Fire and Rescue Coordinators, such Apparatus is essential to the protection of life and property in another jurisdiction or in the best interest of the State.

10. MUTUAL AID RESPONSE. Procedures for mutual aid response shall be in accordance with California Fire Service and Rescue Emergency Mutual Aid Plan.

11. REIMBURSABLE RESPONSE. Reimbursement for mutual aid may be provided pursuant to a

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
4 01/2023
Agreement for Temporary Assignment of Vehicular Equipment governor’s disaster proclamation or when conditions warrant invoking the California Fire Assistance Agreement, the State of Nevada Cooperative Agreement, or the Interstate Compact as appropriate. There is no other existing provision for mutual aid reimbursement.

12. TEMPORARY USE. ASSIGNEE shall be permitted to use the Apparatus for temporary cover of fire stations when emergency conditions warrant, or when regular apparatus is out of service for repairs and a closer engine cannot cover the gap. In either case, the ASSIGNEE shall immediately notify the Operational Area Dispatch Center and the Cal OES Fire Duty Chief. The ASSIGNEE further agrees that Cover-in or Standby of said Apparatus exceeding 30 days is at the discretion of the CAL OES.

13. TEMPORARY TRANSFER.

a. A sub-assignment of the Apparatus or any portion thereof by ASSIGNEE for any period not exceeding seven consecutive days within a given Operational Area may be made with the consent of the Operational Area Fire and Rescue Coordinator and the CAL OES, providing that at the time such Apparatus is received, such Sub-Assignee furnish ASSIGNEE and CAL OES a letter to the effect that he assumes all obligations of ASSIGNEE with respect to such Apparatus under this Agreement during the period of assignment, including insurance coverage in accordance with Section 16 or 17, as appropriate. Any sub-assignment by ASSIGNEE for a period of more than seven consecutive days shall be subject to authorization by the CAL OES and execution of an “Agreement for the Temporary Transfer of Vehicular Equipment,” with the agency requesting the transfer.

b. Whenever Apparatus is assigned in accordance with the provisions of this paragraph, regular ASSIGNEE shall be relieved of its obligations under this Agreement during such period of sub-assignment.

c. Complete a written Temporary Cal OES Apparatus Assignment Record, Exhibit “B”. The ASSIGNEE will retain one copy, the Sub-Assignee will retain one copy, and one copy will be forwarded to the Cal OES Fire and Rescue Division.

14. REPORTS AND RECORDS. ASSIGNEE shall maintain daily and monthly reports on the details of Apparatus use on Cal OES F-101 Form. A Smoke Opacity Test, Pump Test, Hose Test, and Ladder Test shall be the responsibility of ASSIGNEE and completed annually.

Written results of all tests and reports shall be forwarded to the Cal OES Fire and Rescue Division by the end of the calendar year. A recent copy of the tests and reports shall be maintained in the vehicle logbook.

15. REPORT OF ACCIDENTS. ASSIGNEE shall immediately notify the Cal OES Fire and Rescue Division following any and all accidents involving the Apparatus. It shall be the responsibility of ASSIGNEE to fill out State Form 270, "Report of Automobile Accident," and file the report with the Governor’s Office of Emergency Services. A copy of this report shall be retained by the ASSIGNEE and the original and four copies forwarded to Cal OES.

16. INSURANCE PROTECTION. (Non- State Agencies)

a. ASSIGNEE agrees forthwith to furnish evidence of insurance protecting the legal liability of the ASSIGNEE and CAL OES for liability and/or property damage with a combined

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
5 01/2023
Agreement for Temporary Assignment of Vehicular Equipment single limit of $1,000,000.00 per occurrence, by means of a Certificate of Insurance naming the State of California as Additional Insured. Said certificate shall contain an Agreement by the insurance company that it will not cancel said policy without 15 days prior written notice to the CAL OES and that the CAL OES is not liable for the payment of any premiums or assessments thereon. Said certificate must include the description of the apparatus including VIN, state license number, and Cal OES unit number.

b. In the event the ASSIGNEE is self-insured, ASSIGNEE in lieu of a certificate of insurance shall furnish CAL OES a written statement of such fact. In such event, ASSIGNEE agrees to hold the CAL OES harmless from any personal injury or property damage claims arising out of its maintenance, use or operation of the Apparatus under the terms of this Agreement.

c. Physical damage insurance, including collision coverage and comprehensive coverage, shall be obtained. The State of California will be named as a loss payee. In the event of a non-total loss, ASSIGNEE is responsible for returning Apparatus to original standard. The description of the vehicle and the necessary amount of insurance required is outlined in attached Exhibit "C" which is by this reference made a part hereof.

17. INSURANCE PROTECTION. (State Agencies) Any insurance necessary for coverage of the apparatus shall be the sole responsibility of the department having custody of the vehicle, including when it directs, dispatches, and controls the use of the Apparatus . ASSIGNEE agrees to report Apparatus as being under its control to the Insurance Officer, Department of General Services.

18. TERMINATION OF AGREEMENT.

a. Either party may terminate this Agreement upon 14 days written notice to other party, or ASSIGNEE may relinquish, or CAL OES may repossess any portion of the Apparatus upon like notice to the other party, except that CAL OES may repossess any portion thereof without written notice whenever it deems the same is not being maintained in accordance with this Agreement.

b. Upon the termination of this Agreement, ASSIGNEE agrees to return said Apparatus in the same condition as received, reasonable wear and tear, acts of God, and conditions over which it has no control excepted.

c. As inventory changes occur, or items of equipment are replaced, deleted or added by the CAL OES or replaced by ASSIGNEE, it is mutually agreed that no amendment to this Agreement need be made at the time of the change; provided however, at the termination of this Agreement a complete reconciliation of all equipment will be made. ASSIGNEE further agrees that all replacements for equipment or apparatus will be made with identical or substantially like items as approved by the CAL OES.

d. Nothing in this Agreement shall be construed to create a new property interest or right of action for the ASSIGNEE.

19. UNAUTHORIZED USE OF CAL OES APPARATUS AND EQUIPMENT. Use of this Apparatus other than as specified in Paragraph 1 will be considered a breach of this Agreement.

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
6 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

20. USE OF RADIO EQUIPMENT

a. CAL OES will furnish at CAL OES'S sole cost, radio equipment installed in the Apparatus to be operated on the following frequencies: 151.145 - 170.925 .

b. CAL OES agrees to maintain said equipment without cost to ASSIGNEE.

c. The ASSIGNEE agrees to operate said radio equipment in accordance with the Rules and Regulations of the Federal Communications Commission.

d. Ownership of said equipment is in the CAL OES, and all applications to the Federal Communications Commission seeking authority to add, modify, or replace radio equipment covered by this Agreement shall be made by and in the name of the State of California. To activate this Agreement and in compliance with the control requirements of the Communications Act of 1934, as amended, the CAL OES hereby deputizes the Chief of the agency of said ASSIGNEE, and such volunteers, regularly employed and salaried assistants as shall be designated by the Chief of the agency as his agents to operate said radio equipment as specified in Paragraph ''c" above.

e. CAL OES assumes no liability hereunder for claims or losses accruing or resulting to any person, firm or corporation furnishing or supplying work, services or material or services in connection with the performance of this Agreement or for any claims and losses accruing or resulting to any person, firm or corporation injured or damaged by performance of either party hereunder.

21. NOTICES. All correspondence and notices required or contemplated, or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the U.S. mail, registered and postage prepaid and addressed as follows: To the ASSIGNEE at Hollister Fire Department, 110 Fifth St., Hollister, CA 95023, and to the CAL OES at Governor’s Office of Emergency Services, Fire and Rescue Division, 3650 Schriever Ave., Mather, CA, 95655. The address to which notices shall or may be mailed as aforesaid to either party shall or may be changed by written notice given by such party to the other, as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service.

22. ALTERATION. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and no alterations or variations of the terms hereof unless made in writing between the parties hereto shall be binding on any of the parties hereto.

23. WAIVER. The CAL OES may in its sole discretion and for such good cause as it determines waive in writing in whole or in part any requirement of this Agreement that apparatus and/or equipment shall be maintained in operating condition, or repaired, or replaced, providing that any such waiver shall be applicable only to the specific apparatus or equipment to which it refers.

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
7 01/2023
Agreement for Temporary Assignment of Vehicular Equipment

24. JURISDICTION AND VENUE. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, will be governed by the laws of the State of California.

25. WHOLE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto, with respect to the subject matter hereof. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement.

IN WITNESS WHEREOF the parties hereto have executed this Agreement upon the date first above written.

ASSIGNEE: CAL OES:

Hollister Fire Department Nancy Ward ______ Director,
Governor’s Office of Emergency Services

By By
David Mirrione, City Manager Brian S. Marshall, State Fire and Rescue Chief

State of California
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Fire and Rescue Division
8 01/2023
Agreement for Temporary Assignment of Vehicular Equipment EXHIBIT “A”
EQUIPMENT INVENTORY: TYPE I, 2022 / NEWER

ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT #ISSUED # RCVD # SHORT ACCOUNTABLE PROPERTY & EQUIPMENT # ISSUED #RCVD # SHORT Apparatus Cab 43. Couple, 2 ½” Double Male 2 95. Chemical Light Kit (See “Tool Info Sheet”) 2

1. Radio, Mobile APX
Serial #
OES #
1 44. Crank, Hose Reel 1 96. Hacksaw 2

45. Clamp, Wildland Hose 2 97. Hacksaw, Crosscut, 26” 2

46. Increaser, 1” NPSH F x 1 ½” NH M 1 98. Hammer, 24oz. Framing 3

47. Gated Wye, (1) 2 ½” NH F x (2) 1 ½” NH M 2 99. Hammer, 3-4lb. Sledge, Short 2

2. Radio, Mobile BK–KNG-M-150
Serial #
OES #
1 48. Mallet, Rubber 1 100. Knife, Utility 1

49. Nozzle, 1” NPSH Comb Wildland 4 101. Level, 6” Torpedo 3

50. Nozzle, 1 ½” Comb Structural 1 102. Marking Kit, building (See “Tool Info Sheet”) 1

51. Nozzle, 1 ½” NH Combo Wildland 2 103. Nails @ 25lb. ea., 8d 1

3. Radio, Handheld BK-P-150 w/Mic, 4 - Clamshell

4 52. Nozzle, 1 ½” NH x 7/8” Straight tip w/ pistol grip 1 104. Nails @ 25lb. ea., 16d 1 Serial # 53. Nozzle, 1 ½” Foam, Air Aspirating (MAD DOG) 1 105. Square, Tri or Speed 3 OES # 54. Nozzle, 2 ½” Shutoff w/Fog tip 1 106. Square, Framing, 24” 1 Serial # 55. Nozzle, 2 ½” Shutoff w/3tips 1 107. Tape Measure, 25’ 3 OES # 56. Reducer, 1 ½” NH F x 1” NPSH M 1 108. Tape, Barrier 2 Serial # 57. Reducer, 2 ½” F x 1 ½” M 1 109. Tape, Duct 2 OES # 58. Reducer, 6” NH F x 4” NH M 1 110. Tool Kit (See “Tool Info Sheet”) 1 Serial # 59. Reducer, 4” NH F x 2 ½” NH M 1 111. Hurst Battery Powered Spreader Serial #
OES #
1 OES # 60. Siamese, (2) 2 ½” NH F x (1) 2 ½” NH M 1

4. Box light’s (4) (Whelen pioneer life series) LF35) 4 61. Strap, Hose & Ladder 4

5. Intercom Headset’s 4 62. Tee, Wildland Hose 1 ½” NH F x 1 ½” NH M x 1” NPSH 3 112. Hurst Battery Powered Cutter Serial #
OES #
1 6. First Aid Kit (DOT) 1 63. Thermo, Foam Pick-Up Tube 1

7. Logbook, W/Credit Card 1 64. Wrench, Wildland Spanner (1” to 1 ½” Forestry) 2

8. Spotlight 1 65. Wrench, Suction Hose Spanner 1 113. Hurst Battery Powered RAM Serial #
OES #
1 Compartment, Cross-Thru W/Slide Tool Tray 66. San Francisco Hydrant Adapter (3” F x 2 ½” M) 1

9. Axe, Pick Head 1 Driver’s Side, Rear Compartment

10. Axe, Flat Head 1 67. Carabiner, Locking “D”, 11 mm 27 114. Hurst Batteries for Extric Tools 6

11. Bar, Pinch Point, 60” 4 68. Edge Protection 1 Passenger Side, Rear Compartment

12. Chain, 25’ Tow W/Grab Hooks 1 69. Rescue edge pad 1 115. Backboard Head Immobilizer 1

13. Clamp, Herbert Hose 1 70. Emergency Signaling Device, Whistle 1 116. Blanket, Disposable 2

14. Cutter, Bolt, 30” 1 71. Frication Device 1 117. Can, Fuel 1

15. Extinguisher, 5# A: B:C 1 72. Fig. 8 & Breaker Bar 1ea. 118. Haul Bag 2

16. Hammer, 3-4lb. Sledge, Short 2 73. Harness, Body, NFPA 2 119. Hose, 1 ½” x 10’, Hard Suction 1

17. Hammer, 8-10lb. Sledge, Short 2 74. Litter Pre-Rig 1 120. Litter Cover (if not in use) 1

18. Halligan Tool 1 75. Load Release 2 121. Portable Pump Serial #
OES #
1 19. Hose, 4” x 16’ Soft Suction 1 76. Multi-point Collection Plate 2

20. Jack, 8-ton Hydraulic w/Handle 2 77. Prusik Loop 6pr

21. McLeod/Thau Claw 2 78. Pulley, Rescue, Prusik Minding 3 122. Rope, ½” X 150’, Utility in bag 2

22. Picket, Steel, 1” x 4’ 6 79. Rope, Logbook 2 123. Strainer, Self – Leveling Floating 1 ½” 1

23. Pulaski 1 80. Rope, Kernmantle, ½” x 150” 2 124. Strainer, Suction, 1 ½” 1

24. Triangle Reflector Set 1 81. Webbing Kit (See “Tool Info Sheet”) 1

25. Shovel, Round Point, Long Handle 1 Driver’s Side, Rear Compartment Passenger Side, Compartment Above Rear Tires

26. Shovel, Square Point, Long Handle 1 82. Can, Fuel (for generator) 1 125. Chainsaw Kit (See “Tool Info Sheet”) 1

27. Strainer, 6” Suction 1 83. Generator
Serial #
OES #
1 126. Chainsaw CHAPS 36” 1

28. Wrench, Hose Spanner (1 ½” to 2 ½”) 4 127. Chainsaw w/24” Bar Serial #
OES #
1 29. Wrench, Adjustable Hydrant 2

30. Shovel, Scoop w/(D)Handle 1 84. Hose Roller 1
Engineer’s Compartment Rear Compartment, Upper Top Left Side 128. 1 Gallon Chain Oil 1

31. Adapter, 6” x 2 ½”, DF, Hydrant 1 85. Hose, Hard Suction, 6” x 10’ 2 Passenger Side, Compartment Ahead Rear Tires

32. Adapter, 6” x 4”, DF, Hydrant 1 Rear Compartment, Upper 129. Fire Extinguisher (Class A Water) 1

33. Adapter, 6” x 4 ½”, DF, Hydrant 1 86. Ladder, 10’ Attic 1 130. Collapsible, Traffic Cones 5

34. Adapter, 4 ½” NH F (Rocker Lug) x 4” NH 1 87. Ladder, 14’ Roof 1 131. Light flashing Cones ( Amber) 5

35. Adapter, 4” NH F (Rocker Lug) x 4” NH DF w/swivel 1 88. Ladder, 24’ Extension 1 132. Mount, Ground Deluge 1

36. Adapter, DM, 4” NH M x 4” NH M 1 89. Pike Pole, 6’ 1 133. Salvage Covers, Canvas 2

37. 4”NH(Hydrant Cap w/ cable) 1 90. Pike Pole, 8’ 1 Note any equipment damage below:

38. 4” NH F (Rocker Lug Cap w/ No Chain) 1 91. Interface Hose Bars 2

39. Adapter, 1” NPSH F x 1” NH M 1 Rear Compartment, Lower

40. Adapter, 1” NH F x 1” NPSH M 1 92. Belt, Carpenter 3

41. Air Hose w/nozzle 1 93. Blade, Hacksaw, Carbide 12 NOTE: CELL SHADING INDICATES US&R INVENTORY

42. Couple, 2 ½” Double Female 2 94. Chisel, 1” x 7 7/8” 2 “Tool Info Sheet” can be found in OES Yellow Binder