Hollister City Council
December 2, 2024

City of Hollister
City Council Agenda
Special Meeting

Monday, December 2, 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

SPECIAL JOINT MEETING OF THE HOLLISTER CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE HOLLISTER REDEVELOPMENT AGENCY

A special joint meeting of the Hollister City Council and the Successor Agency to the Hollister Redevelopment Agency is hereby called for Monday December 2, 2024 at 4:00 p.m. for the purpose of conducting a closed session.

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:
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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:

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1.CALL TO ORDER

2.PLEDGE OF ALLEGIANCE
City of Hollister City Council Meeting

3.ROLL CALL

4.CLOSED SESSION- REPORT OUT

5.SPECIAL ORDERS OF THE DAY

5.1 COMMENDATION FOR HOLLISTER POLICE OFFICER RENE RAYAS

5.2 PROCLAMATION HONORING THE CITY OF SALINAS AS A VALUED PARTNER

IN PUBLIC SAFETY

5.3 UPDATE ON HIGHWAY 25 PROJECT BY COUNCIL OF SAN BENITO COUNTY

GOVERNMENTS
Receive an update on Highway 25 Project by Council of San Benito County Governments Executive Director Binu Abraham.

6.CONSENT AGENDA

6.1 APPROVE NOVEMBER 12, 2024 MEETING MINUTES

6.2 WARRANT REGISTER DECEMBER 02, 2024

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

6.3 CLAIM AGAINST THE CITY – FILED LAURIE KAMPA

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

6.4 CLAIM AGAINST THE CITY FILED BY JOAQUIN ZEPEDA

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

6.5 CLAIM AGAINST THE CITY FILED BY SHELLY FOUGHT

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

6.6 RECEIVE AN INFORMATIONAL REPORT ON THE HOLLISTER MUNICIPAL AIRPORT 2025-2027 DISADVANTAGED BUSINESS ENTERPRISE (DBE)

PROGRAM

RECOMMENDED ACTION
This is an information item. No other action is required.

6.7 A RESOLUTION AUTHORIZING MAYOR CASEY THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $11,300 IN FINANCIAL SUPPORT OF BULLDOG BOXING GYM

RECOMMENDED ACTION
Adopt a resolution authorizing Mayor Casey to use City Council FY 24/25 budgeted discretionary funds in the amount of $11,300 in financial support of Bulldog Boxing Gym youth programs and activities.

6.8 A RESOLUTION AUTHORIZING MAYOR CASEY AND COUNCILMEMBER PEREZ THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $37,300 FOR FINANCIAL SUPPORT TO THE CITY PARKS AND

RECREATION DEPARTMENT
City of Hollister City Council Meeting

RECOMMENDED ACTION
Adopt a resolution authorizing Mayor Casey and Councilmember Perez to use City Council FY 24/25 budgeted discretionary funds in the amount of $37,300 in financial support to the City Parks and Recreation Department for their winter events and activities.

6.9 A RESOLUTION AUTHORIZING COUNCILMEMBER PEREZ TO USE $23,400 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR

COMMUNITY FOUNDATION FOR SAN BENITO COUNTY AND AUTHORIZE THE

CITY MANAGER TO EXECUTE THE NECESSARY AGREEMENTS

RECOMMENDED ACTION
Adopt a resolution authorizing Councilmember Perez to use up to $23,400 of FY 24/25 City Council budgeted discretionary funds for the Community Foundation for San Benito County to support local non-profit organizations.

6.10 A RESOLUTION AUTHORIZING COUNCILMEMBER MORALES TO USE $10,200 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR FINANCIAL SUPPORT OF THE VETERANS OF FOREIGN WARS POST 9242 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY

AGREEMENTS

RECOMMENDED ACTION
Adopt a resolution authorizing Councilmember Morales to use up to $10,200 of FY 24/25 City Council budgeted discretionary funds in support of the Veterans of Foreign Wars Post 9242 for the purchase of a passenger type vehicle for transportation for military veterans.

6.11 A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24 ANNUAL ACCOUNTABILITY REPORT

RECOMMENDED ACTION
Adopt a resolution approving the CFD 2 Accountability Report for Fiscal Year 2023/24.

6.12 A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC FACILITIES SERVICES) FISCAL YEAR 2023/24 ANNUAL ACCOUNTABILITY REPORT

RECOMMENDED ACTION
Adopt a resolution approving the CFD 4 Accountability Report for Fiscal Year 2023/24.

6.13 A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24 ANNUAL ACCOUNTABILITY REPORT

RECOMMENDED ACTION
Adopt a resolution approving the CFD 5 Accountability Report for Fiscal Year 2023/24.

6.14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A BUDGET ADJUSTMENT TO THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $176,207.00

RECOMMENDED ACTION
City of Hollister City Council Meeting

Approve a resolution of the City Council of the City of Hollister approving a budget adjustment to the Fire Department Budget in the amount of $176,207.00.

6.15 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING

CONSORTIUM

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to execute a contract with South Bay Regional Public Safety Training Consortium.

6.16 A RESOLUTION ACKNOWLEDGING HOLLISTER FIRE DEPARTMENT PERFORMED ANNUAL INSPECTIONS PURSUANT TO SECTION 13146.4 OF THE

CALIFORNIA HEALTH AND SAFETY CODE AND ACCEPTING THE COMPLIANCE

REPORTING FOR STATE MANDATED LOCAL PROGRAMS FOR SENATE BILL NO. 1205

RECOMMENDED ACTION
Adopt a resolution accepting the compliance reporting for state-mandated local programs for Senate Bill No. 1205 pursuant to Section 13146.4 of the Health and Safety Code, relating to fire protection regarding certain occupancies annual inspections.

6.17 A REVISED RESOLUTION FOR THE PURCHASE OF AN AERIAL LADDER TRUCK

FOR USE BY THE FIRE DEPARTMENT

RECOMMENDED ACTION
Adopt a revised resolution authorizing the City Manager to execute a Lease- Purchase Agreement with Leasing 2 for the financing of an aerial ladder truck in an amount not to exceed $1,987,598.81 in a form approved by the City Attorney.

6.18 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN MOU AND

ACCEPT A GRANT FROM THE COMMUNITY AND CORRECTIONS

PARTNERSHIP FOR THE PARTIAL FUNDING OF A POLICE OFFICER AND A

VEHICLE TO BE ASSIGNED TO THE SPECIAL INTELLIGENCE UNIT

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to sign a memorandum of understanding between the Hollister Police Department, the San Benito County District Attorney’s Office, San Benito County Probation and the San Benito County Sheriff to participate in the Special Intelligence Unit (SIU) and receive a grant to pay the majority of the compensation of a police officer and a vehicle funded by the Community Corrections Partnership.

6.19 A RESOLUTION APPROVING AN AGREEMENT WITH THE CALIFORNIA

DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL FOR A TOBACCO GRANT PROGRAM AWARD IN THE AMOUNT OF $50,840 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

RECOMMENDED ACTION
Adopt a resolution approving an agreement between the city and the California Department of Justice Office of the Attorney General for the tobacco grant program award in the amount of up to $50,840 and authorizing the City Manager to sign the agreement.

6.20 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT RENEWAL WITH SNIP BUS FOR City of Hollister City Council Meeting

LOW-COST VACCINATIONS AND SPAY AND NEUTER SERVICES FOR FERAL CATS

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to execute a professional services agreement renewal with SNIP Bus for low-cost vaccinations and spay and neuter services for feral cats until June 30, 2025.

6.21 A RESOLUTION ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $70,000.00 FOR OVERTIME REIMBURSEMENT

AND SPECIALIZED EQUIPMENT

RECOMMENDED ACTION
Adopt a resolution authorizing the acceptance of the grant from the Office of Traffic Safety for expenditure through October of 2025 and approve the Budget Appropriation form.

6.22 A RESOLUTION APPROVING THE SUPPLEMENTAL APPROPRIATION FOR

ELECTRICITY COSTS AT THE INDUSTRIAL WASTEWATER TREATMENT PLANT

RECOMMENDED ACTION
Adopt a resolution approving the supplemental appropriation for electricity costs at the Industrial Wastewater Treatment Plant through the remainder of the current fiscal year.

7.COUNCIL BUSINESS

7.1 CONSIDERATION AND ACTION REGARDING RESOLUTION APPROVING

SANCTIONS OF COUNCILMEMBER ROLAN RESENDIZ

RECOMMENDED ACTION
Staff has no recommendation. This is a council matter.

7.2 A RESOLUTION APPOINTING COUNCILMEMBER PEREZ AS VICE MAYOR

RECOMMENDED ACTION
No staff recommendation. This is a City Council initiated item.

7.3 INFORMATIONAL REPORT REGARDING BUDGET STABILIZATION STRATEGIES

RECOMMENDED ACTION
Receive an informational report regarding budget stabilization strategies and provide direction and/or feedback to staff.

7.4 A RESOLUTION TO RECONSIDER AN AMENDMENT TO THE SAN BENITO

COUNTY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT

RECOMMENDED ACTION
There is no staff recommendation. This is a City Council initiated item.

7.5 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.

8.JOINT MEETING CLOSED SESSION
City of Hollister City Council Meeting

8.1 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 Existing Litigation Cain, et al. v. City of Hollister San Benito County Superior Court Case No. CU-22-00087

9.CLOSED SESSION
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

9.1 CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS GOVERNMENT CODE SECTION 54956.95
Claimants: Suzanne Petray, Veronica Velasquez
Agency Claimed Against: City of Hollister

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

10.ADJOURNMENT

11.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister special meeting of December 2, 2024 was posted on the bulletin board at City Hall on November 26, 2024 per Government Code Section 54954.2.

City of Hollister City Council Meeting

PROCLAMATION

Honoring the City of Salinas as a Valued Partner in Public Safety

WHEREAS, the City of Hollister Fire Department has ordered a new tiller truck that will require extensive training to operate safely and efficiently; and

WHEREAS, the Salinas Fire Department currently operates tillered aerial apparatus as part of their firefighting fleet; and

WHEREAS, the City of Salinas has approved the sale of their training tiller truck to the City of Hollister for a nominal cost; and

WHEREAS, the Hollister Fire Department and the citizens of the City of Hollister, the City of San Juan Bautista, and San Benito County will ultimately benefit from the decrease in service time for the new aerial apparatus due to obtaining the training truck from the City of Salinas.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby proclaim the City of Salinas and the Salinas Fire Department valued partners in public safety.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 2nd day of December, 2024.

______________________________
Mia Casey, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

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

November 12, 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 special meeting of the City Council of the City of Hollister to order at 4:00 p.m.

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

3. ROLL CALL

4. SPECIAL ORDERS OF THE DAY

4.1 PROCLAMATION FOR DOLLY PARTON IMAGINATION LIBRARY
Mayor Casey presented the proclamation to San Benito County Superintendent of Schools Krystal Lomanto and United for San Benito Executive Director Vicki Fortino.

4.2 PROCLAMATION FOR NATIONAL PHILANTHROPY DAY
Mayor Casey presented the proclamation to Community Foundation Interim CEO Kathy Johnson.

5. COUNCIL BUSINESS

5.1 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

2 Mayor Casey inquired if Councilmember Resendiz had completed the harassment training as ordered by the City Council at a previous disciplinary hearing.

City Attorney Lerner reported the training had not yet been scheduled due to scheduling conflicts.

Mayor Casey reviewed the City Council Code of Conduct and sections violated by Councilmember Resendiz. Mayor Casey recommended stripping Councilmember Resendiz of his title of Vice Mayor and recommended Councilmember not be able to hold committee appointments for a year.

Councilmember Burns requested and received information regarding the requirement for members of the City Council to sign an acknowledgement of the Council Code of Conduct.

Mayor Casey opened public comment at 4:44 p.m.

Carol Lenoir supported penalizing Councilmember Resendiz for violating the City Council Code of Conduct.

Mayor Casey closed public comment at 4:45 p.m.

By consensus the Council directed staff to return with a resolution to strip Councilmember Resendiz of the Vice Mayor title and prevent him from holding an committee assignments for one year.

6. CONSENT AGENDA
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)

6.1 APPROVE OCTOBER 15, 2024 MEETING MINUTES

6.2 WARRANT REGISTER NOVEMBER 12, 2024
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessments funds attached.

Carried

6.3 APPOINTMENTS TO THE SAN BENITO COUNTY ECONOMIC

ADVISORY COMMITTEE

3 Moved by: Councilmember Burns
Ratify the Mayor’s appointments to serve on the San Benito County Economic Advisory Committee.

Carried

6.4 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS TO USE $8,600 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY

FUNDS FOR SOUND WALL IMPROVEMENTS
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Adopt a resolution authorizing Councilmember Burns to use up to $8,600 of FY 24/25 City Council budgeted discretionary funds for sound wall improvements along the Enterprise Drive corridor.

Carried

6.5 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $4,400 IN FINANCIAL SUPPORT OF

THE CITY PARKS AND RECREATION DEPARTMENT FOR FOUR PET

WASTE STATIONS
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Adopt a resolution authorizing Councilmember Burns to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $4,400 in financial support of the City Parks and Recreation Department of four Pet Waste Stations throughout the city.

Carried

6.7 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS TO USE $5,700 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY

FUNDS FOR ADVERTISING COSTS TO VISIT SAN BENITO COUNTY
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Adopt a resolution authorizing Councilmember Burns to use up to $5,700 of FY 24/25 City Council budgeted discretionary funds for Visit San Benito County to advertise San Benito County as a tourist destination.

Carried

4 6.8 A RESOLUTION AUTHORIZING THE PURCHASE A FIRE

APPARATUS VEHICLE FROM THE CITY OF SALINAS
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Adopt a resolution authorizing the Hollister Fire Department to purchase a fire tiller truck from the City of Salinas.

Carried

6.9 A RESOLUTION ACCEPTING THE TALAVERA (1620 BUENA VISTA)

WESTFIELD PARK (MIRABELLA II) PUBLIC PARK EXTENSION PLAN Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Adopt a resolution approving the final park design for the Talavera (1620 Buena Vista) Westfield Park (Mirabella II) Public Park Extension, as submitted by Kiper Homes and recommended by the City of Hollister Parks and Recreation Advisory Commission.

Carried

6.6 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS TO USE $11,300 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY

FUNDS FOR FINANCIAL SUPPORT OF THE VETERANS OF FOREIGN
WARS POST 9242
Councilmember Burns provided additional information on the item.

Bernie Ramirez with provided information regarding the need for a van for the Veterans for Foreign Wars (VFW) organization to transport the honor guard to attend funerals.

Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution authorizing Councilmember Burns to use up to $11,300 of FY 24/25 City Council budgeted discretionary funds in support of the Veterans of Foreign Wars Post 9242 for the purchase of a passenger type vehicle for transportation for military veterans.

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

5 6.10 A RESOLUTION APPROVING THE ANNEXATION OF 600 ERNIE DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4
ANNEXATION NO. 58 (PUBLIC FACILITIES SERVICES)
Planning Manager Eva Kelly provided the staff report.

Stephen Maduli-Williams with Amazon provided an update on the planned use of the facility.

Councilmember Resendiz requested and received information regarding the loss of sales tax revenue anticipated to be generated by the facility.

Councilmember Morales commented on the time period when the project was negotiated.

Mayor Casey requested and received information regarding traffic impact fees for the project.

Mayor Casey opened public comment at 4:31 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 4:31 p.m.

Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Table the item to the December 3, 2024 Council meeting.

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

7. PUBLIC HEARINGS

7.1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HOLLISTER AMENDING SECTIONS 2.04.015.10 AND 2.04.030 OF CHAPTER 2.04 OF TITLE 2 OF THE HOLLISTER MUNICIPAL CODE City Attorney Mary Lerner provided the staff report.

Mayor Casey opened the public hearing at 4:50 p.m.

There were no speakers for this item.

Mayor Casey closed the public hearing at 4:50 p.m.

Moved by: Councilmember Morales
Seconded by: Councilmember Perez
Introduce an ordinance amending section 2.04.015.10 (“Confidential Information”) and section 2.04.030 (“Sanctions”) of chapter 2.04 (“City

6 Council”) of title 2 (“Administration and Personnel”) of the City of Hollister (“City”) Municipal Code.

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

7.2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HOLLISTER AMENDING ARTICLE II (PURCHASING) OF CHAPTER

3.06 (PROCEDURES FOR SUPPLIES, PROPERTY, AND SERVICES)

OF THE HOLLISTER MUNICIPAL CODE
City Attorney Mary Lerner provided the staff report.

Mayor Casey opened the public hearing at 4:53 p.m.

There were no speakers for this item.

Mayor Casey closed the public hearing at 4:53 p.m.

Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Introduce an ordinance amending Article II (Purchasing) of Chapter 3.06 (Procedures for Supplies, Property, and Services) of the Hollister Municipal Code.

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

8. COUNCIL BUSINESS

8.1 CITY COUNCIL TO RECEIVE INFORMATIONAL REPORT FOR FISCAL YEAR 2024-25 FIRST QUARTER BUDGET MONITORING
Administrative Services Director Casey Estorga and City Manager David Mirrione provided the staff report.

Councilmember Burns requested and received information regarding the City's costs of providing fire services to San Benito County and City of San Juan Bautista.

Mayor Casey opened public comment at 6:08 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 6:08 p.m.

7 Moved by: Councilmember Perez
Seconded by: Councilmember Burns
Adopt a resolution amending the fiscal year 2024-25 adopted budget.

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

9. CITY COUNCIL REPORTS

9.1 COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
By consensus, the City Council directed staff to return with an agenda item to reconsider the term of appointment to the San Benito County Council of Governments.

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

Mayor Casey opened public comment at 6:28 p.m.

There were no speakers for the closed session agenda items.

Mayor Casey closed public comment at 6:28 p.m.

The City Council convened into closed session at 6:28 p.m.

10.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9

10.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9

11. ADJOURNMENT
Mayor Casey adjourned the meeting at 7:00 p.m.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Will auto populate once assigned

AGENDA ITEM: WARRANT REGISTER DECEMBER 02, 2024

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

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

FISCAL IMPACT: 23/24 & 24/25

ATTACHMENTS:

1. Expense Approval Register PYR 10-9-24

2. Expense Approval Register AP 10-10-24

3. Expense Approval Register AP 10-11-24

4. Expense Approval Register AP 10-11-24 (2)

5. Expense Approval Register AP 10-16-24

6. Expense Approval Register DP 10-16-24

7. Expense Approval Register AP 10-21-24

8. Expense Approval Register PYR 10-23-24

9. Expense Approval Register AP 10-25-24

10. Expense Approval Register AP 10-31-24

11. Expense Approval Register DP 11-5-24

12. Expense Approval Register AP 11-7-24

13. Expense Approval Register AP 11-13-24

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Clerk-2024-55

AGENDA ITEM: CLAIM AGAINST THE CITY – FILED LAURIE KAMPA

DEPARTMENT: City Clerk
DEPARTMENT HEAD Jennifer Woodworth, City Clerk
STAFF CONTACT: Daisy Caceres, Deputy City Clerk

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

DISCUSSION: Laurie Kampa filed a claim against the City on November 13, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a Project.

ATTACHMENTS:

1. Redacted Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Clerk-2024-60

AGENDA ITEM: CLAIM AGAINST THE CITY FILED BY JOAQUIN ZEPEDA

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

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

DISCUSSION: Progressive Insurance filed a claim against the City on behalf of their client, Joaquin Zepeda, September 16, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended the denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Clerk-2024-57

AGENDA ITEM: CLAIM AGAINST THE CITY FILED BY SHELLY FOUGHT

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

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

DISCUSSION: Shelly Fought filed a claim against the City on November 14, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended the denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Airport-2024-19

AGENDA ITEM: RECEIVE AN INFORMATIONAL REPORT ON THE HOLLISTER MUNICIPAL AIRPORT 2025-2027 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM

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

RECOMMENDED ACTION: This is an information item. No other action is required.

DISCUSSION: The US Department of Transportation (DOT) requires airports that receive Federal financial assistance to sign an assurance to comply with 49 CFR Part 26. This federal requirement helps ensure Disadvantaged Business Enterprises as defined in Part 26, have an equal opportunity to receive and participate in contracts for Airport projects funded with federal financial assistance such as the Airport Improvement Program (AIP) Grant projects.

The Federal Aviation Administration (FAA) Office of Airports is responsible for the compliance and oversight of the Airports’ civil rights programs. Per the Civil Rights Act of 1964, statutory requirements prohibiting discrimination remain in effect for as long as the property is used as an airport. Airports that receive FAA AIP grants and that will award prime contracts with a cumulative total value exceeding $250,000 in FAA funds in a federal fiscal year are required to have a Disadvantage Business Enterp rise (DBE) program and meet other related requirements as a condition of receiving those funds.

DBE programs help ensure there is a level playing field for socially and economically disadvantaged firms to compete for airport contracting opportunities. The DBE program has been prepared by the Airport On -Call Consultant Kimley-Horn, proposes a DBE participation goal of 9.0% for FAA funded contracts/agreements to be met through race - conscious means, and this goal pertains to federal fiscal years 2025 through 2027.

On November 23, 2024, the DBE program was posted on the City website for a thirty-day public review. A web conference will be held on Wednesday, January 15, 2025, at 3 p.m. via Zoom for the purpose of consulting with stakeholders to obtain information relevant to the goal-setting process. A Zoom link is included on the Airport webpage. Airport Director Jeff Crechriou has been delegated as the DBE Liaison Officer (DBELO). In that capacity he is responsible for implementing all aspects of the Airport’s DBE program.

Failure to submit the required DBE Program by December 1, 2024, to FAA, could result in the Airport being deemed in non-compliance with FAA’s grant assurances.

FISCAL IMPACT: The cost of preparing the DBE Program is $11,000 and will be paid from the Airport Enterprise Fund 601, Professional Services Account No. 601-4200- 730000.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. DBE Program

HOLLISTER MUNICIPAL AIRPORT

DISADVANTAGE BUSINESS ENTERPRISE PLAN

U.S. DEPARTMENT OF TRANSPORTATION
DBE PROGRAM – 49 CFR PART 26

DBE Program Plan for Recipients of
Federal Aviation Administration (FAA) Funds

November 2024

1 POLICY STATEMENT

Section 26.1, 26.23 Objectives/Policy Statement

Hollister Municipal Airport has established a Disadvantaged Business Enterprise (DBE) Program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. Hollister Municipal Airport has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, Hollister Municipal Airport has signed an assurance that it will comply with 49 CFR Part 26 (hereafter referred to as “Part 26”).

It is the policy of the Hollister Municipal Airport to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in DOT–assisted contracts. It is also Hollister Municipal Airport policy to engage in the following actions on a continuing basis:

1. Ensure nondiscrimination in the award and administration of DOT- assisted contracts;

2. Create a level playing field on which DBEs can compete fairly for DOT- assisted contracts;

3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law;

4. Ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs;

5. Help remove barriers to the participation of DBEs in DOT assisted contracts;

6. Promote the use of DBEs in all types of federally-assisted contracts and procurement activities;

7. Assist the development of firms that can compete successfully in the market place outside the DBE Program; and

8. Make appropriate use of the flexibility afforded to recipients of Federal financial assistance in establishing and providing opportunities for DBEs.

Jeff Crechriou, Airport Director, has been delegated as the DBE Liaison Officer. In that capacity, Jeff Crechriou is responsible for implementing all aspects of the DBE program.

Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the Hollister Municipal Airport in its financial assistance agreements with the Department of Transportation.

Hollister Municipal Airport has disseminated this policy statement to the FAA and all of the components of our organization. This statement has been distributed to DBE and non-DBE business communities that may perform work on Hollister Municipal Airport DOT-assisted contracts. The distribution was accomplished by posting to the Airport website and providing with bid document when a project is advertised.

____________________________________________ ________________ Signature Date

2 GENERAL REQUIREMENTS

Section 26.1 Objectives

The objectives are elaborated in the policy statement on the first page of this program.

Section 26.3 Applicability

Hollister Municipal Airport is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq.

Section 26.5 Definitions

Hollister Municipal Airport will use terms in this program that have their meanings defined in Part 26, § 26.5.

Section 26.7 Non-discrimination Requirements

Hollister Municipal Airport will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin.

In administering its DBE program, Hollister Municipal Airport will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin.

Section 26.11 Data Collection and Reporting Requirements

Reporting to DOT
Hollister Municipal Airport will provide data about its DBE Program to the Department as directed by DOT and its operating administrations.

DBE participation will be reported to the Federal Aviation Administration (FAA) as follows:

Hollister Municipal Airport will transmit to FAA annually, by or before December 1, the information required for the “Uniform Report of DBE Awards or Commitments and Payments”, as described in Part 26. Hollister Municipal Airport will similarly

3 report the required information about participating DBE firms. All reporting for this purpose will be done through the FAA’s designated reporting system.

Bidders List
Hollister Municipal Airport will collect bidders list information as described in §

26.11(c)(2) and enter it into the system designated by DOT. The purpose of the bidders list is to compile as accurate data as possible about the universe of DBE and non-DBE contractors and subcontractors who seek to work on our federally assisted contracts for use in helping you set your overall goals, and to provide the Department with data for evaluating the extent to which the objectives of § 26.1 are being achieved.

Hollister Municipal Airport will obtain the following bidders list information about all DBE and non-DBEs who bid as prime contractors and subcontractors on each of our federally assisted contracts:

 Firm name
 Firm Address including Zip code
 Firm’s status as a DBE or non-DBE
 Race and gender information for the firm’s majority owner  NAICS code applicable to each scope of work the firm sought to perform in its bid  Age of the firm
 Annual gross receipts of the firm. The gross receipts can be obtained by asking each firm to indicate into what gross receipts bracket they fit (e.g. less than $1 million; $1-3 million; $3-6 million; $6-10 million, etc) rather than requesting an exact figure from the firm.

Hollister Municipal Airport will collect the data from all bidders for our federally assisted contracts by requiring the information in paragraph (c)(2) of this section to be submitted with their bids or initial responses to negotiated procurements.

Hollister Municipal Airport will enter this data in the Department’s designated system no later than December 1 following the fiscal year in which the relevant contract was awarded.

In the case of a ‘‘design-build’’ contracting situation where subcontracts will be solicited throughout the contract period as defined in a DBE Performance Plan pursuant to §

26.53(e), Hollister Municipal Airport will enter the data no later than December 1 following the fiscal year in which the design-build contractor awards the relevant subcontract(s).

Section 26.13 Assurances Recipients and Contractors Must Make

Hollister Municipal Airport has signed the following assurances, applicable to all DOT- assisted contracts and their administration:

4 Assurance: - Each financial assistance agreement Hollister Municipal Airport signs with a DOT operating administration (or a primary recipient) will include the following assurance:

The Hollister Municipal Airport shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Hollister Municipal Airport shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The Hollister Municipal Airport DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Hollister Municipal Airport of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Contract Assurance: Hollister Municipal Airport will ensure that the following clause is included in each DOT-funded contract it signs with a contractor (and each subcontract the prime contractor signs with a subcontractor):

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the contractor from future bidding as non-responsible.

5 ADMINISTRATIVE REQUIREMENTS

Section 26.21 DBE Program Updates

Hollister Municipal Airport is required to have a DBE program meeting the requirements of this part as it will receive grants for airport planning or development and will award prime contracts, cumulative total value of which exceeds $250,000 in FAA funds in a federal fiscal year.

Hollister Municipal Airport is not eligible to receive DOT financial assistance unless DOT has approved this DBE program and Hollister Municipal Airport is in compliance with it and Part 26. Hollister Municipal Airport will continue to carry out this program until all funds from DOT financial assistance have been expended. Hollister Municipal Airport does not have to submit regular updates of the DBE program document, as long as it remains in compliance. However, significant changes in the program, including those required by regulatory updates, will be submitted to the relevant operating administration for approval.

Section 26.23 Policy Statement

The Policy Statement is elaborated on the first page of this DBE Program.

Section 26.25 DBE Liaison Officer (DBELO)

The following individual has been designated as the DBE Liaison Officer for Hollister Municipal Airport:

Jeff Crechriou
Airport Director
(831) 636-4365
[email protected]

In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the Hollister Municipal Airport complies with all provision of 49 CFR Part 26. The DBELO has direct, independent access to the City Manager concerning DBE program matters. An organizational chart displaying the DBELO’s position in the organization is included in Attachment 2 to this program.

The DBELO is responsible for developing, implementing, and monitoring the DBE program, in coordination with other appropriate officials. The DBELO has a Senior Support Service Assistant to assist in the administration of the program. The duties and responsibilities include the following:

6 (1) Gathers and reports statistical data and other information as required by DOT.
(2) Reviews third party contracts and purchase requisitions for compliance with this program.
(3) Works with all departments to set overall annual goals. (4) Ensures that bid notices and requests for proposals are available to DBEs in a timely manner.
(5) Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results.
(6) Determine contractor compliance with good faith efforts. (7) Acts as liaison to the Uniform Certification Process. (8) Maintains the agency’s updated directory on certified DBEs.

Section 26.27 DBE Financial Institutions

Hollister Municipal Airport encourages prime contractors on DOT-assisted contracts to make use of these institutions owned and controlled by socially and economically disadvantaged individuals in the community.

Section 26.29 Prompt Payment Mechanisms

Hollister Municipal Airport requires that all subcontractors performing work on DOT- assisted contracts shall be promptly paid for work performed pursuant to their agreements, in accordance with all relevant federal, state, and local law. Prompt payment and return of retainage requirements also apply to lower-tier subcontractors.

In accordance with 49 CFR § 26.29, the Hollister Municipal Airport established a contract clause implementing this requirement and requires prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from the prime contractor’s receipt of each payment from the Hollister Municipal Airport.

Hollister Municipal Airport ensures prompt and full payment of retainage from the prime contractor to the subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Pursuant to § 26.29, Hollister Municipal Airport has selected the following method to comply with this requirement:

(1) Hollister Municipal Airport will hold retainage from prime contractors and provide for prompt and regular incremental acceptances of portions of the prime contract, pay retainage to prime contractors based on these acceptances, and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after Hollister Municipal Airport payment to the prime contractor.

7 a. The percent withheld may range from 0% to 10% but in no case may it exceed 10%. When establishing a suitable retainage value that protects the Owner’s interests, give consideration that the performance and payment bonds also provide similar protection of Owner interests. Owner may elect to incrementally release retainage if owner is satisfied its interest with completion of the project are protected in an adequate manner.
b. From the total of the amount determined to be payable on a partial payment, 10-percent of such total amount will be deducted and retained by the Owner for protection of the Owner’s interests. Unless otherwise instructed by the Owner, the amount retained by the Owner will be in effect until the final payment is made except as follows:
i. Contractor may request release of retainage on work that has been partially accepted by the Owner in accordance with Section 50-14.

Contractor must provide a certified invoice to the RPR that supports the value of retainage held by the Owner for partially accepted work.
ii. In lieu of retainage, the Contractor may exercise at its option the establishment of an escrow account per paragraph 90-08. c. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than 30 days after the Contractor has received a partial payment. Contractor must provide the Owner evidence of prompt and full payment of retainage held by the prime Contractor to the subcontractor within 30 days after the subcontractor’s work is satisfactorily completed. A subcontractor’s work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed.
d. When at least 95% of the work has been completed to the satisfaction of the RPR, the RPR shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor.

For every airport construction project funded under Federal grant assistance programs, Hollister Municipal Airport includes the applicable clause from FAA Advisory Circular 150/5370-10 (Section 90-06) pertaining to the selected retainage method. The applicable clause will be included verbatim. However, if state or local prompt payment laws provide for payment in less than 30 days, any reference to “30 days” will be revised accordingly.

8 Prompt Payment Monitoring for DBEs and Non-DBEs

Hollister Municipal Airport clearly understands and acknowledges that reliance on complaints or notifications from subcontractors about a contractor’s failure to comply with prompt payment and retainage requirements is not a sufficient monitoring and oversight mechanism. Therefore, Hollister Municipal Airport undertakes proactive monitoring and oversight of prime contractors’ compliance with subcontractor prompt payment and return of retainage requirements of 49 CFR Part 26. Such monitoring activities will be accomplished through the following method(s):
 Hollister Municipal Airport will provide an Owner’s Representative for each project. The Owner’s Representative will collect and review proof of payment to subcontractor when Contractor submits pay applications.

Hollister Municipal Airport requires prime contractors to maintain records and documents of payments to subcontractors, including DBEs, for a minimum of three (3) years unless otherwise provided by applicable record retention requirements for the Hollister Municipal Airport financial assistance agreement, whichever is longer. These records will be made available for inspection upon request by any authorized representative of Hollister Municipal Airport or DOT. This reporting requirement extends to all subcontractors, both DBE and non-DBE.

 Hollister Municipal Airport proactively reviews contract payments to subcontractors including DBEs monthly for active projects. Payment reviews will evaluate whether the actual amount paid to DBE subcontractors is equivalent to the amounts reported to Hollister Municipal Airport by the prime contractor.

Prompt Payment Dispute Resolution

Hollister Municipal Airport will take the following steps to resolve disputes as to whether timely prompt payment and retainage releases are being made as required by § 26.29.

Hollister Municipal Airport has established, as part of its DBE program, the following mechanism(s) to ensure prompt payment and return of:
(1) Implement a monitoring and enforcement mechanism to ensure that work committed to DBEs at contract award is actually performed by the DBEs. The mechanism will provide for a running tally of actual DBE attainments (e.g. payment actually made to DBE firms for work committed to them at the time of contract award);
(2) Provide DBE participation reports to DOT that show both commitments and attainments, as required by the DOT reporting form;

9 (3) Perform desk audits to review all material and information concerning the contractor’s compliance; and
(4) Call for any additional investigation due to a lack of proper record keeping, failure of the prime contractor to cooperate, failure of DBEs to cooperate, visible evidence of unsatisfactory performance, and other evidence as may warrant further investigation.

Prompt Payment Complaints

Complaints by subcontractors regarding the prompt payment requirements are handled according to the following procedure.

 If affected subcontractor is not comfortable contracting prime directly regarding payment or unable to resolve payment discrepancies with prime, subcontractor should contact DBELO to initiate complaint via email at [email protected] or phone, 831-636-4365, x 2000. Affected parties could also meet with Airport staff at 60 Airport Drive to communicate concerns about payment.
 If filing a prompt payment complaint with the DBELO does not result in timely and meaningful action by Hollister Municipal Airport to resolve prompt payment disputes, affected subcontractor may contact the responsible FAA contact, which is done through an online form:
https://www.faa.gov/about/office_org/headquarters_offices/acr/external- discrimination-complaints/form.
 Pursuant to Sec. 157 of the FAA Reauthorization Act of 2018, all complaints related to prompt payment will be reported in a format acceptable to the FAA, including the nature and origin of the complaint and its resolution.

Enforcement Actions for Noncompliance of Participants

Hollister Municipal Airport provides appropriate means to enforce the requirements of §

26.29. These means include:

 Advise subcontractors of the availability of the payment and performance bond to assure payment for labor and materials in the execution of the work provided for in the contract
 Pay subcontractors directly and deduct this amount from the retainage owed to the prime
 Issue a stop-work order until payments are released to subcontractors, specifying in the contract that such orders constitute unauthorized delays for the purposes of calculating liquidated damages if milestones are not met

10  Should Contractor fail to comply after Hollister Municipal Airport has employed one or more measures described above, Hollister Municipal Airport may terminate the contract with the Contractor.

Hollister Municipal Airport will actively implement the enforcement actions detailed above.

Section 26.31 Directory of Certified Firms

Hollister Municipal Airport is not a certifying member of the California Unified Certification Program (UCP). The UCP maintains a directory identifying all firms eligible to participate as DBEs and/or ACDBEs, and it contains all the elements required by §26.31. The directory lists all firms eligible to participate as a DBE and/or ACDBE in the program. In the listing for each firm, the UCP directory ( https://californiaucp.dbesystem.com/) includes the following details about the firm:

 Business address
 Business phone number
 Firm website(s)
 The types of work the firm has been certified to perform as a DBE and/or ACDBE.
 The type of work a DBE and/or ACDBE is eligible to perform is listed by using the most specific NAICS code available to describe each type of work the firm performs. Pursuant to § 26.81(n)(1) and (3), the UCP directory allows for NAICS codes to be supplemented with specific descriptions of the type(s) of work the firm performs.
 The UCP directory may include additional data fields of other items readily verifiable in State or locally maintained databases, such as State licenses held, Pre-qualifications, and Bonding capacity.
 The UCP directory is an online system that permits the public to search and/or filter for DBEs by:
 Physical location
 NAICS code(s)
 Work descriptions
 All additional data fields of readily verifiable optional information described above.

The directory includes a prominently displayed disclaimer that states the information within the directory is not a guarantee of the DBE’s capacity and ability to perform work.

Section 26.33 Over-concentration

Hollister Municipal Airport has not identified that over-concentration exists in the types of work that DBEs perform.

11 Section 26.35 Business Development and Mentor-Protégé Programs

Hollister Municipal Airport has not established a Business Development Program or a Mentor-Protégé Program as described by 49 CFR Part 26.

Section 26.37 Monitoring Responsibilities
Hollister Municipal Airport implements and carries out appropriate mechanisms to ensure compliance with 49 CFR Part 26 program requirements by all program participants, and describes and sets forth these mechanisms in this DBE program.

Hollister Municipal Airport actively monitors attainment toward overall goals by maintaining running tally that provides for a frequent comparison of cumulative DBE awards/commitments to DOT-assisted prime contract awards to determine whether our implementation of contract goals is projected to be sufficient to meet the annual goal.

The running tally for overall goal monitoring will be maintained by running tally of actual DBE attainments (e.g., payments actually made to DBE firms), including a means of comparing these attainments to commitments. This mechanism to maintain a running tally of overall goal attainment will be used to inform Hollister Municipal Airport’s decisions to implement goals on contracts to be advertised, according to our established contract goal-setting process.

Hollister Municipal Airport actively monitors participation with respect to each DBE commitment by using a running tally that provides for a frequent comparison of payments made to each listed DBE relative to the progress of work, including payments for such work to the prime contractor. The running tally for contract goal monitoring will be maintained by a running tally of actual DBE attainments (e.g., payments actually made to DBE firms), including a means of comparing these attainments to commitments. These contract-specific running tallies will be used to determine whether the contractor is on track with meeting its DBE commitment and whether any projected shortfall exists that requires the prime contractor’s good faith efforts to address to meet the contract goal pursuant to § 26.53(g).

Monitoring Contracts and Work Sites
Hollister Municipal Airport reviews contracting records and engages in active monitoring of work sites to ensure that work committed to DBEs at contract award or subsequently (e.g., as the result of modification to the contract) is actually performed by the DBEs to which the work was committed, and such work is counted according to the requirements of § 26.55. Work site monitoring for counting and commercially useful function review is performed by the DBELO and Hollister Municipal Airport staff. Contracting records are reviewed by the DBELO and Hollister Municipal Airport staff. Hollister Municipal Airport will maintain written certification that contracting records have been reviewed and work

12 sites have been monitored to ensure the counting of each DBE's participation is consistent with its function on the contract.

Section 26.39 Fostering Small Business Participation

Hollister Municipal Airport has created a Small Business element to structure contracting requirements to facilitate competition by small business concerns, taking all reasonable steps to eliminate obstacles to their participation, including unnecessary and unjustified bundling of contract requirements that may preclude small business participation in procurements as prime contractors or subcontractors.

The small business element is incorporated as Attachment 10 to this DBE Program.

The program elements will be actively implemented to foster small business participation. Hollister Municipal Airport acknowledges that implementation of the small business element is required for us to be considered by DOT as implementing our DBE program in good faith.

13 SUBPART C – GOALS, GOOD FAITH EFFORTS, AND COUNTING

Section 26.43 Set-asides or Quotas

Hollister Municipal Airport does not use quotas or race-conscious set-asides in any way in the administration of this DBE program.

Section 26.45 Overall Goals

Hollister Municipal Airport will establish an overall DBE goal covering a three-year federal fiscal year period if it anticipates awarding DOT-funded prime contracts the cumulative total value of which exceeds $250,000 in DOT funds during any one or more of the reporting fiscal years within the three-year goal period. In accordance with §26.45(f), Hollister Municipal Airport will submit its Overall Three-year DBE Goal to FAA by August 1st of the year in which the goal is due, as required by the schedule established by FAA.

The DBE goals will be established in accordance with the 2-step process as specified in 49 CFR Part 26.45. If Hollister Municipal Airport does not anticipate awarding prime contracts the cumulative total value of which exceeds $250,000 in DOT funds during any of the years within the three-year reporting period, an overall goal will not be developed. However, this DBE Program will remain in effect and Hollister Municipal Airport will seek to fulfill the objectives outlined in 49 CFR Part 26.1.

Step 1. The first step is to determine a base figure for the relative availability of DBEs in the market area. Hollister Municipal Airport will use DBE Directory information and Census Bureau Data as a method to determine the base figure. Hollister Municipal Airport understands that the exclusive use of a list of prequalified contractors or plan holders, or a bidders list that does not comply with the requirements of 49 CFR Part

26.45(c)(2), is not an acceptable alternative means of determining the availability of DBEs.

Step 2. The second step is to adjust, if necessary, the “base figure” percentage from Step 1 so that it reflects as accurately as possible the DBE participation the recipient would expect in the absence of discrimination. Adjustments may be made based on past participation, information from a disparity study (to the extent it is not already accounted for in the base goal), and/or information about barriers to entry to past competitiveness of DBEs on contracts. Hollister Municipal Airport will examine all of the evidence available in its jurisdiction to determine what adjustment, if any, is needed. If the evidence does not suggest an adjustment is necessary, then no adjustment shall be made.

14 Any methodology selected will be based on demonstrable evidence of local market conditions and be designed to ultimately attain a goal that is rationally related to the relative availability of DBEs in the Hollister Municipal Airport market.

In establishing the overall goal, Hollister Municipal Airport will provide for consultation and publication. This includes consultation with minority, women’s and general contractor groups, community organizations, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the efforts by Hollister Municipal Airport to establish a level playing field for the participation of DBEs. The consultation will include a scheduled, direct, interactive exchange (e.g., a face-to-face meeting, video conference, teleconference) with as many interested stakeholders as possible focused on obtaining information relevant to the goal setting process, and it will occur before Hollister Municipal Airport is required to submit the goal methodology to the operating administration for review pursuant to §26.45(f). The goal submission will document the consultation process in which Hollister Municipal Airport engaged. Notwithstanding paragraph (f)(4) of §26.45, the proposed goal will not be implemented until this requirement is met.

In addition to the consultation described above, Hollister Municipal Airport will publish a notice announcing the proposed overall goal before submission to the FAA on August 1st. The notice will be posted on Hollister Municipal Airport’s official internet web site and may be posted in other sources (e.g., minority-focused media, trade association publications). If the proposed goal changes following review by FAA, the revised goal will be posted on Hollister Municipal Airport’s official internet web site.

The public will also be informed that the proposed overall goal and its rationale are available for inspection during normal business hours at the principal office of Hollister Municipal Airport. This notice will provide that Hollister Municipal Airport will accept comments on the goals for 30 days from the date of the notice. Notice of the comment period will include the addresses to which comments may be sent (including offices and websites) and the location(s) where the proposed goal may be reviewed. The public comment period will not extend the August 1st deadline.

The Overall Three-Year DBE Goal submission to FAA will include any information and comments received, who provided the comment, and how Hollister Municipal Airport considered and responded to any comments and information received before finalizing the goal.

Hollister Municipal Airport will begin using the overall goal on October 1 of the relevant period, unless other instructions from FAA have been received.

Project Goals

If permitted or required by the FAA, an overall goal may be expressed as a percentage of funds for a particular grant or project or group of grants and/or projects, including

15 entire projects. Like other overall goals, a project goal may be adjusted to reflect changed circumstances, with the concurrence of the appropriate operating administration. A project goal is an overall goal, and it must meet all the substantive and procedural requirements pertaining to overall goals. A project goal covers the entire length of the project to which it applies. The project goal will include a projection of the DBE participation anticipated to be obtained during each fiscal year covered by the project goal. The funds for the project to which the project goal pertains are separated from the base from which the regular overall goal, applicable to contracts not part of the project covered by a project goal, is calculated.

Prior Operating Administration Concurrence

Hollister Municipal Airport understands that prior FAA concurrence with the overall goal is not required. However, if the FAA review suggests that the overall goal has not been correctly calculated or that the method employed by Hollister Municipal Airport for calculating goals is inadequate, FAA may, after consulting with Hollister Municipal Airport, adjust the overall goal or require that the goal be adjusted by Hollister Municipal Airport. The adjusted overall goal is binding. In evaluating the adequacy or soundness of the methodology used to derive the overall goal, the U.S. DOT operating administration will be guided by the goal setting principles and best practices identified by the Department in guidance issued pursuant to § 26.9.

A description of the methodology to calculate the overall goal and the goal calculations can be found in Attachment 5 to this program.

Section 26.47 Failure to meet overall goals

Hollister Municipal Airport cannot be penalized, or treated by the Department as being in noncompliance with Part 26, because DBE participation falls short of an overall goal, unless Hollister Municipal Airport fails to administer its DBE program in good faith.

Hollister Municipal Airport understands that to be considered to be in compliance with this part, an approved DBE Program and overall DBE goal, if applicable, must be maintained, and this DBE Program must be administered in good faith.

Hollister Municipal Airport understands that if the awards and commitments shown on the Uniform Report of Awards or Commitments and Payments at the end of any fiscal year are less than the overall goal applicable to that fiscal year, the following actions must be taken in order to be regarded by the Department as implementing this DBE Program in good faith:
(1) Analyze in detail the reasons for the difference between the overall goal and the awards and commitments in that fiscal year;
(2) Establish specific steps and milestones to correct the problems identified in the analysis to enable the goal for the new fiscal year to be fully met;

16 (3) Hollister Municipal Airport will prepare, within 90 days of the end of the fiscal year, the analysis and corrective actions developed under paragraph (c)(1) and (2) of this section. We will retain copy of analysis and corrective actions in records for a minimum of three years, and will make it available to FAA upon request.

Section 26.51 Means Recipients Use to Meet Overall Goals

Breakout of Estimated Race-Neutral & Race-Conscious Participation

Hollister Municipal Airport does not have a history of DBE participation or over- achievement of goals to reference and expects to obtain its DBE participation through the use of DBE contract goals or a conscious effort to obtain DBE participation.

Therefore, the entire goal of 4.8% is to be obtained through race-conscious participation.

Hollister Municipal Airport will monitor DBE participation on an ongoing basis during the goal period and adjust the estimated breakout of RN and RC DBE participation as needed.

Contract Goals

If the approved projection under paragraph (c) of §26.51 estimates that the entire overall goal for a given year can be met through race-neutral means, contract goals will not be set during that year, unless the use of contract goals becomes necessary in order meet the overall goal.

Contract goals will be established only on those DOT-assisted contracts that have subcontracting possibilities. A contract goal need not be established on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work).

Contract goals will be expressed as a percentage of the Federal share of a DOT- assisted contract.

Section 26.53 Good Faith Efforts Procedures in Situations where there are Contract Goals

Demonstration of good faith efforts (pre-award)

In cases where a contract goal has been established, the contract in question will only be awarded to a bidder/offeror that has made good faith efforts to meet the contract goal. The bidder/offeror can demonstrate that it has made good faith efforts by either

17 meeting the contract goal or documenting that it has made adequate good faith efforts to do so. Examples of good faith efforts are found in Appendix A to Part 26.

DBELO is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as Responsive.

Hollister Municipal Airport will ensure that all information is complete and accurate and adequately documents the bidder/offeror’s good faith efforts before committing to the performance of the contract by the bidder/offeror.

In all solicitations for DOT-assisted contracts for which a contract goal has been established, the following information will be required of every bidder/offeror:

(1) Award of the contract will be conditioned on meeting the requirements of this section;
(2) All bidders or offerors will be required to submit the following information to the recipient, at the time provided in paragraph (3) of this section:
a. The names and addresses of DBE firms that will participate in the contract;
b. A description of the work that each DBE will perform. To count toward meeting a goal, each DBE firm must be certified in a NAICS code applicable to the kind of work the firm would perform on the contract; c. The dollar amount of the participation of each DBE firm participating; d. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet a contract goal; and e. Written confirmation from each listed DBE firm that it is participating in the contract in the kind and amount of work provided in the prime contractor’s commitment. Each DBE listed to perform work as a regular dealer or distributor must confirm its participation according to the requirements of § 26.53 (c)(1).
f. If the contract goal is not met, evidence of good faith efforts (as elaborated in Appendix A of Part 26). The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract;
(3) The bidder/offeror will be required to present the information stipulated in paragraph (2) of this section:
a. Under sealed bid procedures, as a matter of responsiveness, or with initial proposals, under contract negotiation procedures;

Provided that, in a negotiated procurement, such as a procurement for professional services, the bidder/offeror may make a contractually binding commitment to meet the goal at the time of bid submission or the presentation of initial proposals but provide the information required by paragraph (b)(2) of this section before the final selection for the contract is made by Hollister Municipal Airport. This paragraph (b)(3)(ii) does not apply

18 to a design-build procurement, which must follow the provisions in paragraph (e) of 49 CFR § 26.53.

For each DBE listed as a regular dealer or distributor Hollister Municipal Airport will make a preliminary counting determination to assess its eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in §§

26.55(e)(2)(iv)(A), (B), (C), and (3) under the contract at issue. The preliminary determination will be made based on the DBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation. Where the DBE supplier does not affirm that its participation will meet the specific requirements of either a regular dealer or distributor, Hollister Municipal Airport will make appropriate adjustments in counting such participation toward the bidder’s good faith efforts to meet the contract goal. The bidder is responsible for verifying that the information provided by the DBE supplier is consistent with the counting of such participation toward the contract goal.

In a design-build contracting situation, in which Hollister Municipal Airport solicits proposals to design and build a project with minimal project details at time of letting, Hollister Municipal Airport may set a DBE goal that proposers must meet by submitting a DBE Open-Ended DBE Performance Plan (OEPP) with the proposal. The OEPP replaces the requirement to provide the information required in paragraph (b) of §

26.53(b). To be considered responsive, the OEPP must include a commitment to meet the goal and provide details of the types of subcontracting work or services (with projected dollar amounts) that the proposer will solicit DBEs to perform. The OEPP must include an estimated time frame in which actual DBE subcontracts would be executed. Once the design-build contract is awarded, Hollister Municipal Airport will provide ongoing monitoring and oversight to evaluate whether the design-builder is using good faith efforts to comply with the OEPP and schedule. Hollister Municipal Airport and the design-builder may agree to make written revisions of the OEPP throughout the life of the project, e.g., replacing the type of work items the design- builder will solicit DBEs to perform and/or adjusting the proposed schedule, as long as the design-builder continues to use good faith efforts to meet the goal.

Hollister Municipal Airport will apply the requirements of this section to DBE bidders/offerors for prime contracts. In determining whether a DBE bidder/offeror for a prime contract has met a contract goal, Hollister Municipal Airport will count the work the DBE has committed to performing with its own forces as well as the work that it has committed to be performed by DBE subcontractors and DBE suppliers.

Administrative Reconsideration of Good Faith Efforts determinations

Within five days of being informed by Hollister Municipal Airport that it is not responsive because it has not documented adequate good faith efforts, a bidder/offeror may request administrative reconsideration. Bidder/offerors should make this request in

19 writing to the following reconsideration official: City Manager - David Mirrione, 375 Fifth Street, Hollister, CA 95023, (831) 636-4300, [email protected]. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts.

As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether the goal was met or the bidder/offeror made adequate good faith efforts to do. The bidder/offeror will be sent a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

Good Faith Efforts procedural requirements (post-solicitation/award)

Hollister Municipal Airport will include in each prime contract the contract clause required by § 26.13(b) stating that failure by the contractor to carry out the requirements of this part is a material breach of the contract and may result in the termination of the contract or such other remedies set forth in that section that Hollister Municipal Airport deems appropriate if the prime contractor fails to comply with the requirements of this section.

Hollister Municipal Airport will require the awarded contractor to make available upon request a copy of all DBE subcontracts. The contractor shall ensure that all subcontracts or agreements with DBEs to supply labor or materials include all required contract provisions and mandate that the subcontractor and all lower tier subcontractors perform in accordance with the provisions of Part 26.

Hollister Municipal Airport will require that a prime contractor not terminate a DBE or any portion of its work listed in response to § 26.53(b)(2) (or an approved substitute DBE firm per § 26.53(g)) without our prior written consent, unless Hollister Municipal Airport causes the termination or reduction. A termination includes any reduction or underrun in work listed for a DBE not caused by a material change to the prime contract by the recipient. This requirement applies to instances that include but are not limited to:
when a prime contractor seeks to perform work originally designed for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

Hollister Municipal Airport will include in each prime contract a provision stating that:

(1) The contractor must utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains Hollister Municipal Airport’s written consent as provided in § 26.53(f); and

20 (2) Unless Hollister Municipal Airport’s consent is provided under § 26.53(f), the prime contractor must not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

Hollister Municipal Airport may provide such written consent only if it agrees, for reasons stated in our concurrence document, that the prime contractor has good cause to terminate the listed DBE or any portion of its work.

Good cause does not exist if the prime contractor seeks to terminate a DBE or any portion of its work that is relied upon to obtain the contract so that the prime contractor can self-perform the work for which the DBE contractor was engaged, or so that he prime contractor can substitute another DBE or non-DBE contractor after contract award. For purposes of § 26.53(f)(3), good cause includes the following circumstances:

(1) The listed DBE subcontractor fails or refuses to execute a written contract; (2) The listed DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Provided, however, that good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor;
(3) The listed DBE subcontractor fails or refuses to meet the prime contractor’s reasonable, nondiscriminatory bond requirements;
(4) The listed DBE subcontractor becomes bankrupt, insolvent, or exhibits credit worthiness;
(5) The listed DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to 2 CFR parts 180, 215, and 1200 or applicable state law;
(6) Hollister Municipal Airport has determined that the listed DBE subcontractor is not a responsible contractor;
(7) The listed DBE subcontractor voluntarily withdraws from the project and provides to Hollister Municipal Airport written notice of its withdrawal; (8) The listed DBE is ineligible to receive DBE credit for the type of work required; (9) A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract; and (10) Other documented good cause that Hollister Municipal Airport determines compels the termination of the DBE subcontractor;

Before transmitting to Hollister Municipal Airport the request to terminate a DBE subcontractor or any portion of its work, the prime contractor must give notice in writing to the DBE subcontractor, with a copy to Hollister Municipal Airport sent concurrently, of its intent to request to terminate and the reason for the proposed request.

The prime contractor’s written notice must give the DBE five days to respond, advising Hollister Municipal Airport and the prime contractor of the reasons, if any, why it objects to the proposed termination of its subcontract or portion thereof and why Hollister Municipal Airport should not approve the prime contractor’s request. If required in a

21 particular case as a matter of public necessity (e.g., safety), Hollister Municipal Airport may provide a response period shorter than five days.

In addition to post-award terminations, the provisions of this section apply to pre-award deletions or changes to DBEs or their listed work put forward by offerors in negotiated procurements.

When a DBE subcontractor or a portion of its work is terminated by the prime contractor as provided in § 26.53(f), or if work committed to a DBE is reduced due to overestimations made prior to award, the prime contractor must use good faith efforts to include additional DBE participation to the extent needed to meet the contract goal. The good faith efforts shall be documented by the contractor. If Hollister Municipal Airport requests documentation under this provision, the contractor shall submit the documentation within seven (7) days, which may be extended for an additional seven (7) days, if necessary, at the request of the contractor. Hollister Municipal Airport shall provide a written determination to the contractor stating whether or not good faith efforts have been demonstrated.

22 Section 26.55 Counting DBE Participation

DBE participation will be counted toward overall and contract goals as provided in §

26.55. The participation of a DBE subcontractor will not be counted toward a contractor’s final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE.

In the case of post-award substitutions or additions, if a firm is not currently certified as a DBE in accordance with the standards of subpart D of this part at the time of the execution of the contract, the firm’s participation will not be counted toward any DBE goals, except as provided for in § 26.87(j).

For FAA-funded projects only, firms that exceed the business size standard in §

26.65(b) will remain eligible for DBE certification and may be counted for DBE credit toward overall and contract goals on FAA-funded projects as long as they do not exceed the small business size standard, as adjusted by the United States Small Business Administration, for the NAICS code(s) in which they are certified.

23 SUBPART D – CERTIFICATION STANDARDS

Section 26.61 – 26.73 Certification Process

Hollister Municipal Airport is a non-certifying member of the CA Unified Certification Program (UCP) and relies upon the UCP’s determinations of certification eligibility. CA UCP will use the certification standards of Subpart D of Part 26 to determine the eligibility of firms to participate as DBEs in DOT-assisted contracts. To be certified as a DBE, a firm must meet all certification eligibility standards. Certifying CA UCP members make all certification decisions based on the facts as a whole.

https://dot.ca.gov/programs/civil-rights/dbe-certification-information

For information about the certification process or to apply for certification, firms should contact:

California Department of Transportation (Caltrans)
Office of Business & Economic Opportunity
1823 14th Street
Sacramento, CA 95811
Phone: 916.324.1700
Email: [email protected]

California Unified Certification Program
https://californiaucp.dbesystem.com/

The Uniform Certification Application form, Personal Net Worth statement, and documentation requirements can be reviewed at https://www.transportation.gov/civil- rights/disadvantaged-business-enterprise/ready-apply.

24 SUBPART E – CERTIFICATION PROCEDURES

Any procedures included here are highlights only. Detailed certification procedures are enumerated in the full California UCP agreement. The full UCP agreement can be found at:

 https://californiaucp.dbesystem.com/
 https://caltrans.dbesystem.com/

Section 26.81 Unified Certification Programs

Hollister Municipal Airport is not a member of a Unified Certification Program (UCP) administered by California UCP.

Section 26.91 Actions Following DOT Certification Appeal Decisions

If Hollister Municipal Airport is a certifier to which a DOT determination under § 26.89 is applicable, we will take any and all required action(s) pursuant to § 26.91.

25 SUBPART F – COMPLIANCE AND ENFORCEMENT

Section 26.101 Compliance Procedures Applicable to Hollister Municipal Airport

Hollister Municipal Airport understands that if it fails to comply with any requirement of this part, Hollister Municipal Airport may be subject to formal enforcement action under § 26.103 or § 26.105 or appropriate program sanctions by the concerned operating administration, such as the suspension or termination of Federal funds, or refusal to approve projects, grants or contracts until deficiencies are remedied. Program sanctions may include, in the case of the FHWA program, actions provided for under 23 CFR

1.36; in the case of the FAA program, actions consistent with 49 U.S.C. 47106(d), 47111(d), and 47122; and in the case of the FTA program, any actions permitted under 49 U.S.C. chapter 53 or applicable FTA program requirements.

Hollister Municipal Airport understands that, as provided in statute, it will not be subject to compliance actions or sanctions for failing to carry out any requirement of this part because it has been prevented from complying because a Federal court has issued a final order in which the court found that the requirement is unconstitutional.

Section 26.103 Enforcement Actions Applicable to FHWA and FTA Programs

The provisions of this section apply to enforcement actions under FHWA and FTA programs. ONLY paragraph (2) of this section is also applicable in FAA programs.

(1) Noncompliance complaints. Any person who believes that a recipient has failed to comply with its obligations under this part may file a written complaint with the concerned operating administration's Office of Civil Rights. A complaint must be filed no later than 180 days after the date of the alleged violation or the date on which the complainant learned of a continuing course of conduct in violation of this part. In response to a complainant’s written request, the Office of Civil Rights may extend the time for filing in the interest of justice, specifying in writing the reason for so doing. The Office of Civil Rights may protect the confidentiality of a complainant’s identity as provided in § 26.109(b). Complaints under this part are limited to allegations of violation of the provisions of this part. (2) Compliance reviews. The concerned operating administration may review the recipient's compliance with this part at any time, including reviews of paperwork and on-site reviews, as appropriate. The Office of Civil Rights may direct the operating administration to initiate a compliance review based on complaints received.
(3) Reasonable cause notice. If it appears, from the investigation of a complaint or the results of a compliance review, that Hollister Municipal Airport is in noncompliance with part 26, the appropriate DOT office will promptly send Hollister Municipal Airport, return receipt requested, a written notice advising that there is reasonable cause to find Hollister Municipal Airport in noncompliance.

26 The notice states the reasons for this finding and directs Hollister Municipal Airport to reply within 30 days concerning whether you wish to begin conciliation. (4) Conciliation.
a. If Hollister Municipal Airport requests conciliation, the appropriate DOT office shall pursue conciliation for at least 30, but not more than 120, days from the date of the request. The appropriate DOT office may extend the conciliation period for up to 30 days for good cause, consistent with applicable statutes.
b. If Hollister Municipal Airport and the appropriate DOT office sign a conciliation agreement, then the matter is regarded as closed and Hollister Municipal Airport is regarded as complying. The conciliation agreement sets forth the measures Hollister Municipal Airport has taken or will take to ensure compliance. While a conciliation agreement is in effect, Hollister Municipal Airport remains eligible for FHWA or FTA financial assistance. c. The concerned operating administration shall monitor the implementation of the conciliation agreement and ensure that its terms are complied with.

If Hollister Municipal Airport fail to carry out the terms of a conciliation agreement, Hollister Municipal Airport is in noncompliance. d. If Hollister Municipal Airport does not request conciliation, or a conciliation agreement is not signed within the time provided earlier in this section, then enforcement proceedings begin.
(5) Enforcement actions.
a. Enforcement actions are taken as provided in this subpart. b. Applicable findings in enforcement proceedings are binding on all DOT offices.

Section 26.105 Enforcement Actions Applicable to FAA Programs

Compliance with all requirements of this part by airport sponsors and other recipients of FAA financial assistance is enforced through the procedures of Title 49 of the United States Code, including 49 U.S.C. 47106(d), 47111(d), and 47122, and regulations implementing them.

The provisions of § 26.103(b) and this section apply to enforcement actions in FAA programs.

Any person who knows of a violation of this part by a recipient of FAA funds may file a complaint under 14 CFR part 16 with the Federal Aviation Administration Office of Chief Counsel.

Section 26.107 Enforcement Actions Applicable to Participating Firms

If a firm that does not meet the eligibility criteria of subpart D of this part attempts to participate in a DOT-assisted program as a DBE on the basis of false, fraudulent, or

27 deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty, the Department may initiate suspension or debarment proceedings against the firm under 2 CFR parts 180 and 1200.

If a firm, in order to meet DBE contract goals or other DBE program requirements, uses or attempts to use, on the basis of false, fraudulent or deceitful statements or representations or under circumstances indicating a serious lack of business integrity or honesty, another firm that does not meet the eligibility criteria of subpart D of this part, the Department may initiate suspension or debarment proceedings against you under 2 CFR parts 180 and 1200.

In a suspension or debarment proceeding brought under paragraph (a) or (b) of this section, the concerned operating administration may consider the fact that a purported DBE has been certified by a recipient. Such certification does not preclude the Department from determining that the purported DBE, or another firm that has used or attempted to use it to meet DBE goals, should be suspended or debarred.

The Department may take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, against any participant in the DBE program whose conduct is subject to such action under 49 CFR part 31.

The Department may refer to the Department of Justice, for prosecution under 18 U.S.C. 1001 or other applicable provisions of law, any person who makes a false or fraudulent statement in connection with participation of a DBE in any DOT-assisted program or otherwise violates applicable Federal statutes.

Section 26.109 Confidentiality, Cooperation, and Intimidation or Retaliation

In responding to requests for information concerning any aspect of the DBE program, the Department complies with provisions of the Federal Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a). The Department may make available to the public any information concerning the DBE program release of which is not prohibited by Federal law.

Notwithstanding any provision of Federal or state law, information that may reasonably be construed as confidential business information will not be released to any third party without the written consent of the firm that submitted the information, including applications for DBE certification and supporting information. However, this information will be transmitted to DOT in any certification appeal proceeding under § 26.89 or to any other state to which the individual’s firm has applied for certification under § 26.85.

All participants in the Department's DBE program (including, but not limited to, recipients, DBE firms and applicants for DBE certification, complainants and appellants, and contractors using DBE firms to meet contract goals) are required to cooperate fully and promptly with DOT and recipient compliance reviews, certification reviews,

28 investigations, and other requests for information. Failure to do so shall be a ground for appropriate action against the party involved (e.g., with respect to recipients, a finding of noncompliance; with respect to DBE firms, denial of certification or removal of eligibility and/or suspension and debarment; with respect to a complainant or appellant, dismissal of the complaint or appeal; with respect to a contractor which uses DBE firms to meet goals, findings of non-responsibility for future contracts and/or suspension and debarment).

Hollister Municipal Airport, contractor, or any other participant in the program will not intimidate, threaten, coerce, or discriminate against any individual or firm for the purpose of interfering with any right or privilege secured by this part or because the individual or firm has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this part. Hollister Municipal Airport understands that it is in noncompliance with Part 26 if it violates this prohibition.

29 ATTACHMENTS

Attachment 1 Regulations: Link to 49 CFR Part 26 (eCFR) Attachment 2 Organizational Chart
Attachment 3 Bidder’s List Collection Form
Attachment 4 Link to UCP Directory of Certified Firms
Attachment 5 Overall Goal Methodology
Attachment 6 Demonstration of Good Faith Efforts Forms
Attachment 7 DBE Monitoring and Enforcement Mechanisms
Attachment 8 Link to Certification Application Form and Personal Net Worth Statement Attachment 9 State’s UCP Agreement
Attachment 10 Small Business Element Program

30 ATTACHMENT 1

DBE program regulations are codified in Title 49 of the Code of Federal Regulations, Part 26. They can be retrieved using the following link to the Electronic Code of Federal Regulations:

https://www.ecfr.gov/current/title-49/subtitle-A/part-26

31 ATTACHMENT 2

ORGANIZATIONAL CHART

32 ATTACHMENT 3

Bidder’s List Collection Form

Firm Name
Firm Address
(including ZIP
code)
DBE or
Non-DBE
Status
NAICS
Code(s) of
Scope(s)
Bid
Race/Gender of
Majority Owner Age of Firm Annual Gross
Receipts
 Black American
 Hispanic American
 Asian-Pacific
American
 Subcontinent Asian
American
 Native American
 Non-minority Woman
 Other
 Less than 1
year
 3 years
 4-7 years
 8-10 years
 More than 10
years
 Less than $1
million
 $1-3 million
 $3-6 million
 $6-10 million
 Over $10
million
 Black American
 Hispanic American
 Asian-Pacific
American
 Subcontinent Asian
American
 Native American
 Non-minority Woman
 Other
 Less than 1
year
 3 years
 4-7 years
 8-10 years
 More than 10
years
 Less than $1
million
 $1-3 million
 $3-6 million
 $6-10 million
 Over $10
million
 Black American
 Hispanic American
 Asian-Pacific
American
 Subcontinent Asian
American
 Native American
 Non-minority Woman
 Other
 Less than 1
year
 3 years
 4-7 years
 8-10 years
 More than 10
years
 Less than $1
million
 $1-3 million
 $3-6 million
 $6-10 million
 Over $10
million

33 ATTACHMENT 4

California UCP Directory may be found here:

https://californiaucp.dbesystem.com/

34 ATTACHMENT 5

Overall DBE Three-Year Goal Methodology

Name of Recipient: Hollister Municipal Airport

Goal Period: FY 2025-2027

Overall Three-Year Goal: 9.0%, to be accomplished through race-conscious means

Describe the Number and Type of Contracts that the airport anticipates awarding:

FY Project Description
Total
Project
Cost
FAA
Funded
Contractor
Costs
DBE
Goal
2025 Taxiway A Rehabilitation – Design $835,900 $710,515 5.1% 2025 AOA Perimeter Fence Relocation $147,431 $131,088 2.2% 2026 Taxiway A Rehabilitation –
Construction Phase 1

$9,720,000

$8,359,200 6.0%
2026 Airport Layout Plan Update $450,000 $396,000 3.8%
2027 Taxiway A Rehabilitation –
Construction Phase 2 $6,600,000 $6,534,000 16.2%
2027 APMS $168,000 $146,160 0.4%

Market Area: Merced, Monterey, San Benito, and Santa Clara County.

Step 1. Relative Availability of DBEs

The step 1 figure for the relative availability was calculated as follows:

Method: Use DBE Directories https://californiaucp.dbesystem.com/

and Census Bureau Data from https://data.census.gov/cedsci/

1 Weighted Availability of DBE firms:

Taxiway A Rehabilitation Design - $835,881

AOA Perimeter Fence Relocation $147,431

For FY- 2025, award of the following is anticipated:

Taxiway A Rehabilitation Design
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($) Weighted DBE
Estimate
Electrical
Engineering
Electrical
Engineering
services
541330 $572,105 784 1 0.1% $730 0.1%
Civil Engineering Engineering
services 541330 $100,000 11 3 27.3% $27,273 3.8%
Geophysical
Surveying and
Mapping Services
Surveying and
Mapping 541360 $27,000 11 3 27.3% $7,364 1.0%
Geotechnical
Engineers
Testing Laboratory
(Geotechnical) 541380 $95,000 79 1 1.3% $1,203 0.2%
Administrative
Costs N/A $41,795
Project Total $835,900 $36,569 5.1%
FAA Funded $752,310
FAA Funded Contractor Fees $710,515

2 AOA Fence Relocation
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($)
Weighted
DBE
Estimate
Fencing Contractor
Fencing
contractors (except
electronic
containment
fencing for pets)
238990 $132,570 192 1 0.5% $690 0.5%
Landscaping
Services
Landscape
services, sod 561730 $2,800 715 5 0.7% $20 0.0%
Highway, Street,
and Bridge
Construction
Construction
Management 237310 $10,500 25 6 24.0% $2,520 1.9%
Administrative
Costs N/A $1,600
Project Total $147,431 $3,230 2.2%
FAA Funded $132,688
FAA Funded Contractor Fees $131,088

3 Taxiway A Rehabilitation - Construction Phase 1 $9,720,000

Airport Layout Plan Update $450,000

For FY- 2026, award of the following is anticipated:

Taxiway A Rehabilitation Design – Construction Phase 1
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($)
Weighted
DBE
Estimate
Highway, Street,
and Bridge
Construction -
Paving
Heavy construction
- paving 237310 $7,800,000 25 1 4.0% $312,000 3.2%
Geophysical
Surveying and
Mapping Services
Surveying and
Mapping 541360 $100,000 11 3 27.3% $27,273 0.3%
Geotechnical
Engineers
Testing Laboratory
(Geotechnical) 541380 $15,000 79 1 1.3% $190 0.0%
Highway, Street,
and Bridge
Construction
Striping/Airport
runway line
painting
237310 $345,000 25 6 24.0% $82,800 0.9%
All Other Support
Services
Flagging and
traffic control
services
561990 $100,000 78 2 2.6% $2,564 0.0%
Highway, Street,
and Bridge
Construction
Construction
Management 237310 $972,000 25 2 8.0% $77,760 0.8%
Administrative
Costs N/A $388,800
Project Total $9,720,000 $502,587 5.2%
FAA Funded $8,748,000
FAA Funded Contractor Fees $8,359,200

4 Airport Layout Plan
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($)
Weighted
DBE
Estimate
Planning
Administration of
Urban Planning
and Community
and Rural
Development
925120 $250,000 0 0 - - 0.0%
Civil Engineering Civil engineering
services 541330 $41,000 784 1 0.1% $52 0.0%
Survey
Surveying and
Mapping (except
Geophysical)
Services
541370 $150,000 20 2 10.0% $15,000 3.8%
City Administrative
Costs N/A $9,000 - -
Project Total $450,000 $15,052 3.8%
FAA Funded $405,000
FAA Funded Contractor Fees $396,000

5 Taxiway A Rehabilitation - Construction Phase 2 $6,600,000

Airport Pavement Management System (APMS) $168,000

For FY- 2027, award of the following is anticipated:

Taxiway A Rehabilitation – Construction Phase 2
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($)
Weighted
DBE
Estimate
Electrical
Contractors and
Other Wiring
Installation
Contractors
Electrical
Contractors 238210 $1,256,169 655 0 0.0% $0 0.0%
Geophysical
Surveying and
Mapping Services
Surveying and
Mapping 541360 $66,000 11 3 27.3% $18,000 0.3%
Highway, Street,
and Bridge
Construction -
Paving
Heavy Civil/Paving 237310 $3,630,000 25 6 24.0% $871,200 13.2% Highway, Street,
and Bridge
Construction
Striping/Airport
runway line
painting
237310 $563,110 192 1 0.5% $2,933 0.0%
Environmental
Consulting
Services
Sediment control
system
construction
541620 $66,000 66 3 4.5% $3,000 0.0%
Flagging (i.e.,
traffic control)
services
Flagging and
traffic control
services
561990 $33,000 78 2 2.6% $846 0.0%
Landscaping
Services
Landscape
services 561730 $33,000 715 5 0.7% $231 0.0%

6 Taxiway A Rehabilitation – Construction Phase 2
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($)
Weighted
DBE
Estimate
Highway, Street,
and Bridge
Construction
Construction
Management 237310 $660,000 25 6 24.0% $158,400 2.4%
Testing
Laboratories
Geotechnical
Testing
laboratories or
services
541380 $132,000 79 1 1.3% $1,671 0.0%
Stormwater
Pollution
Prevention Plan
(SWPPP)
Engineering
Services 541330 $99,000 784 1 0.1% $126 0.0%
Administrative
Costs N/A $66,000
Project Total $6,600,000 $1,056,407 16.2%
FAA Funded $6,600,000
FAA Funded Contractor Fees $6,534,000

7 Airport Pavement management System (APMS)
Trade Description NAICS
Description NAICS Trade ($) Census Directory DBE
(%) DBE ($) Trade %
of Fee
Weighted
DBE
Estimate
Civil Engineering Engineering
services 541330 $125,000 784 1 0.1% $159 74.4% 0.1%
Geotechnical
Engineers
Testing Laboratory
(Geotechnical) 541380 $30,060 79 1 1.3% $381 17.9% 0.2% Admin Administrative
Costs N/A $5,040
Project Total $168,000 $540 0.4%
FAA Funded $151,200
FAA Funded Contractor Fees $146,160

1  Sum of Weighted DBE Availability for FY2025-2027: $1,614,385  Sum of All Trades for FY2025-2027: $17,918,550

Dividing the weighted DBE totals by the total estimate for all trades gives an initial DBE availability figure for the projects anticipated during the goal-setting period (This figure is expressed as a percentage and serves as the basis for the three-year overall goal.

Weighted DBE Goal at Step 1: 9.01%

No adjustments were made to the weighted DBE Goal.

Breakout of Estimated “Race and Gender Neutral” (RN) and “Race and Gender Conscious” (RC) Participation.

Hollister Municipal Airport does not have a history of DBE participation or over-achievement of goals to reference and expects to obtain its DBE participation through the use of DBE contract goals or a conscious effort to obtain DBE participation. Therefore, the entire goal of 4.8% is to be obtained through race-conscious participation.

Hollister Municipal Airport will monitor DBE participation on an ongoing basis during the goal period and adjust the estimated breakout of RN and RC DBE participation as needed.

2 PUBLIC PARTICIPATION

Consultation:

In establishing the overall goal, Hollister Municipal Airport provided for consultation and publication. This process included consultation with minority, women’s, and general contractor groups, community organizations, and other officials or organizations which could be expected to have information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBEs, and the Hollister Municipal Airport’s efforts to establish a level playing field for the participation of DBEs. The consultation included a scheduled, direct, interactive exchange with as many interested stakeholders as possible focused on obtaining information relevant to the goal setting process, and was conducted before the goal methodology was submitted to the operating administration for review. Details of the consultation process are as follows.

A notice of the proposed goal was published on the Hollister Municipal Airport official website before the methodology was submitted to FAA. The notice can be found here:
https://hollister.ca.gov/government/airport/index.php

If the proposed goal changes following review by FAA the revised goal will be posted on Hollister Municipal Airport official website.

Notwithstanding paragraph (f)(4) of §26.45, Hollister Municipal Airport proposed goals will not be implemented until the stakeholder consultation requirement has been met.

PUBLIC NOTICE

Hollister Municipal Airport hereby announces its proposed Disadvantaged Business Enterprise (DBE) participation goal of 9.0% for FAA-funded contracts/agreements, to be met through race- conscious means. The proposed goal pertains to federal fiscal years 2025 through 2027. A web conference will be held Wednesday, January 15 at 3 p.m. via Zoom for the purpose of consulting with stakeholders to obtain information relevant to the goal-setting process. A Zoom link will be posted on the Airport webpage, https://hollister.ca.gov/government/airport/index.php .

Comments on the DBE goal will be accepted for 30 days from the date of this publication and can be sent to the following:

Jeff Crechriou
Airport Director
831 636 4365
[email protected]

3 ATTACHMENT 6

Demonstration of Good Faith Efforts - Forms 1, 2, and 3

FORM 1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) UTILIZATION

The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner:

□ Bidder/offeror has met the DBE contract goal
The bidder/offeror is committed to a minimum of ____ % DBE utilization on this contract.

□ Bidder/offeror has not met the DBE contract goal
The bidder/offeror is committed to a minimum of ____% DBE utilization on this contract and has submitted documentation demonstrating good faith efforts.

Legal name of bidder/offeror’s firm: ______________________________________

Bidder/Offeror Representative:

____________________________________________________________ Name & Title

______________________________________ ___________________ Signature Date

4 FORM 2: LETTER OF INTENT
Note: The authorized representative (AR) named below must be an individual vested with the authority to make contracting decisions on behalf of the firm.

Name of bidder/offeror’s firm: _________________________________________________

Name & title of firm’s AR: ____________________________________________________

Phone: _____________________________ Email: ________________________________

Name of DBE firm: __________________________________________________________

Name & title of DBE firm’s AR: _________________________________________________

Address: __________________________________________________________________

City: _____________________________________ State: _______ Zip: _______________

Phone: _________________________ Email: ____________________________________

Work to be performed by DBE firm:

Description of Work NAICS Dollar Amount / %* Manufacturer/Regular Dealer/Distributor/Broker**

*Percentage is to be used only in negotiated procurements **For DBE suppliers only, state how the DBE will perform. For dealer/distributor/broker, Form 3 must be included.

The undersigned bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The total expected dollar value of this work is $ _______________. The bidder/offeror understands that if it is awarded the contract/agreement resulting from this procurement, it must enter into a subcontract with the DBE firm identified above that is representative of the type and amount of work listed. Bidder/offeror understands that upon submitting this form with its bid/offer, it may not substitute or terminate the DBE listed above without following the procedures of 49 CFR Part 26, §26.53.

_____________________________________________ Date: _______________ Signature of Bidder/Offeror’s Authorized Representative

The undersigned DBE affirms that it is ready, willing, and able to perform the amount and type of work as described above, and is properly certified to be counted for DBE participation therefore.

_____________________________________________ Date: _______________ Signature of DBE’s Authorized Representative

If the bidder/offeror does not receive award of the prime contract, all representations in this Letter of Intent shall be null and void.

Submit this page for each DBE subcontractor.

5 Form 3: DBE Regular Dealer/Distributor Affirmation Form

6 ATTACHMENT 7

Administrative Enforcement Mechanisms

The Hollister Municipal Airport has available several remedies to enforce the DBE requirements contained in its contracts, including, but not limited to, the following:

1. Breach of contract action, pursuant to the terms of the contract, as follows;

2. Breach of contract action, pursuant to State Code Civil Code Sections 3300- 3302 and 3353-3360.

7 ATTACHMENT 8

DBE Certification Application Form and Personal Net Worth Statement:

https://www.transportation.gov/civil-rights/disadvantaged-business-enterprise/ready- apply

8 ATTACHMENT 9

California UCP Agreement:

Hollister Municipal Airport does not have an agreement with the California UCP, but does rely on the California UCP certification to determine eligibility of a firms’ participation in FAA-funded contracts to be counted toward DBE program and contract goals.

9 ATTACHMENT 10

Small Business Element

1. Objective/Strategies

(1) On prime contracts not having DBE contract goals, requiring the prime contractor to provide subcontracting opportunities of a size that small businesses, including DBEs, can reasonably perform, rather than self-performing all the work involved. (2) To meet the portion of the overall goal projected to be met through race-neutral measures, ensuring that a reasonable number of prime contracts are of a size that small businesses, including DBEs, can reasonably perform.

2. Definition

As stated on the Office of Small Business and DVBE Services website. Small Business to be eligible for certification, the small business must meet the following requirements:
 Be independently owned and operated;
 Not dominant in field of operation;
 Principal office located in California;
 Owners (officers, if a corporation) domiciled in California; and,  Including affiliates, be either,
o A business with 100 or fewer employees; an average annual gross receipts of $16 million or less, over the last three tax years;
o A manufacturer with 100 or fewer employees; or,
o A micro business – a small business will automatically be designated as a micro business, if gross annual receipts are $5,000,000 or less; or the small business is a manufacturer with 25 or fewer employees.

3. Verification

The Office of Small Business and DVBE Serves (OSDS) is the state’s certifying that administers the small business, small business for the purpose of public works, and DVBE certification programs. Contractor shall maintain, and provide to the City, documentation from the OSDS recognizing subcontractors as being certified as a small business or DVBE.

4. Monitoring/Record Keeping

 Hollister Municipal Airport will collect small business information from Contractors and maintain a spreadsheet at the Airport office to track small business participation.

5. Assurances

 The program is permitted under state law;

10  Certified DBEs that meet the size criteria established under the program are presumptively eligible to participate in the program;
 No limits are placed on the number of contracts awarded to firms participating in the program, but every effort will be made to avoid creating barriers to the use of new, emerging, or untried businesses; and
 Aggressive steps will be taken to encourage those minority and women owned firms that are eligible for DBE certification to become certified.  The program is open to small businesses regardless of their location (i.e., there is no local or other geographic preference).

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-56

AGENDA ITEM: A RESOLUTION AUTHORIZING MAYOR CASEY THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $11,300 IN FINANCIAL SUPPORT OF BULLDOG BOXING GYM

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 City Council FY 24/25 budgeted discretionary funds in the amount of $1 1,300 in financial support of Bulldog Boxing Gym youth program s and activities.

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 C ouncil 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 not to exceed $11,300 in financial support to Bulldog Boxing Gym for their youth programs and activities.

The discretionary funds represent financial support not to exceed $10,000 and $1,300 in City of Hollister administrative costs for staff time and resources. As with all discretionary fund contracts issued to non-profit organizations, staff will not execute the contract until the organization is in good standing with the State of California’s Registry of Charities and Fundraisers.

FISCAL IMPACT: The use of the City Council budgeted discretionary funds in financial support of Bulldog Boxing Gym Youth Programs and Activities - not to exceed $11,300.

FY 24/25 – 101-1105-730006 – Discretionary Funds - Mayor

PREVIOUS COUNCIL OR COMMISSION ACTION: At the April 15, 2024, City Council meeting, council approved financial support of $10,000 of District 1 and District 3 Discretionary Funds for Bulldog Boxing Gym youth program and activities.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application - Signed

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING MAYOR CASEY THE USE OF CITY COUNCIL FY 24/25

BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO
EXCEED $11,300 IN FINANCIAL SUPPORT OF BULLDOG BOXING
GYM

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 com munity 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 $11,300 of FY 24/25 budgeted discretionary for financial support of Bulldog Boxing Gym; and

WHEREAS, the discretionary funds of $10,000 represent support for their youth activities; funds include $1,300 in administrative costs for staff time and resources; and

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 $11,300 for financial support of Bulldog Boxing Gym to support their youth activities subject to the Bulldog Boxing Gym being in good standing with the State of California’s Registry of Charities and Fundraisers.

Not to exceed $11,300 - FY 24/25 – 101-1105-730006 - Discretionary Funds – District 1

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

CITY COUNCIL DISCRETIONARY FUND REQUEST

Councilmember requesting: _________________________________________________________________ Funds will be used for: _____________________________________________________________________ Benefit to community: ______________________________________________________________________ Discretionary Funds requested: $___________________________________

ORGANIZATION NAME: _______________________________________________________________________________ CONTACT PERSON(S): ______________________________________ PHONE NUMBER: _________________________ ADDRESS: _________________________________________________________________________________________ CITY: _____________________________________ STATE: ____________ ZIP: _________________

I, _______________________________________, acknowledge that City Council Discretionary Funds and the goods or services purchased with them are public resources that may not be used for political activities or campaign-related purposes. ¹

__________________________________________ ______________________________ Council member signature Date

¹Government Code, § 54964; Vargas v. Salinas, (2009) 46 Cal.4th 1, 24-25; Stanson v. Mott, (1976) 17 Cal.3d 206, 209-210 ----------------------------------------------------------------------------------------------------------------------------------------------------------------- For office use only:

Request Approved by City Council: □ Yes □ No City Council approval date: ______________________

DIRECT COSTS
Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $ _____________ Subtotal (A): $ _______________

OVERHEAD
Staff ____City Manager Office______ Hrs. ________ Rate: ___$72_______ Total: $___________ Staff ____City Clerk’s Office___ ____ Hrs. ________ Rate: ___$94______ Total: $___________ Staff ____City Attorney____________ Hrs. ________ Rate: ___$250_____ Total: $___________ Staff ____ ________________________ Hrs. ________ Rate: ______________ Total: $___________ Subtotal (B): $ ______________

Subtotal (A & B): $______________
Administrative Cost - 10%: $______________

Grand Total: $_____________

City Council Meeting Date: __________________________ Resolution No.: ____________________________ Not to exceed: $____________________________________
G/L Account No: 101-1105-__________________________
Services Agreement: □ Yes □ No
City Vendor Number: _______________________________
City of Hollister Business License Number: ________________ Federal Tax ID (applicable to businesses paid more than $600) □ Yes □ No

Mayor Casey
Zeke Lopez 831-756-0182
Hollister CA 95023
Mia Casey
450 Haydon Street
730006
10,000
10,000
2 .25
.25
Supplies and equipment
144.00

23.50 62.65
230
10,230
1,023
11,253
11,300
Bulldog Boxing Gym
Bulldog Boxing Gym
11/19/2024
11,300
Support youth activities, new youth center and class space.

Docusign Envelope ID: 43C2E25B-9095-48EF-B214-AD8EA7102CDC 11/14/2024 | 10:18:14 AM PST

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-31

AGENDA ITEM: A RESOLUTION AUTHORIZING MAYOR CASEY AND
COUNCILMEMBER PEREZ THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $37,300 FOR FINANCIAL

SUPPORT TO THE CITY PARKS AND RECREATION DEPARTMENT

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

RECOMMENDED ACTION: Adopt a resolution authorizing Mayor Casey and Councilmember Perez to use City Council FY 24/25 budgeted discretionary funds in the amount of $37,300 in financial support to the City Parks and Recreation Department for their winter events and activities.

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.

Mayor Casey and Councilmember Perez request City Council approval to use budgeted discretionary funds in the amount not to exceed $37,300 for financial support to the City’s Parks and Recreation Department for their winter community activities.

The discretionary funds represent financial support for City Parks and Recreation winter community activities not to exceed $36,900 and $400 in City of Hollister administrative costs for staff time and resources.

FISCAL IMPACT: Amount not to exceed $37,300.

FY 24/25 – 101-1105-730006 – Discretionary Funds – Mayor - $16,400 FY 24/25 – 101-1105-730007 – Discretionary Funds – Councilmember Perez - $20,900

PREVIOUS COUNCIL OR COMMISSION ACTION: No previous council action.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application – Mayor – Signed

3. Discretionary Funds Application – Councilmember Perez - Signed

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING MAYOR CASEY AND COUNCILMEMBER PEREZ THE
USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY
FUNDS IN THE AMOUNT NOT TO EXCEED $37,300 IN FINANCIAL

SUPPORT TO THE CITY PARKS AND RECREATION DEPARTMENT

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, Mayor Casey and Councilmember Perez requests City Council approval to use up to $37,300 of FY 24/25 budgeted discretionary funds for financial support to the City’s Parks and Recreation Department for their winter community activities; and

WHEREAS, the discretionary funds represent financial support for City Parks and Recreation not to exceed $36,900 and $400 in City of Hollister administrative costs for staff time and resources.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Mayor Casey and Councilmember Perez to use City Council budgeted discretionary funds not to exceed $37,300 for financial support of the City Parks and Recreation Department for their winter community activities and execute the necessary agreements.

FY 24/25 – 101-1105-730006 – Discretionary Funds – Mayor - $16,400 FY 24/25 – 101-1105-730007 – Discretionary Funds – Councilmember Perez - $20,900

Resolution No. 2024-xxx

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

CITY COUNCIL DISCRETIONARY FUND REQUEST

Councilmember requesting: _________________________________________________________________ Funds will be used for: _____________________________________________________________________ Benefit to community: ______________________________________________________________________ Discretionary Funds requested: $___________________________________

ORGANIZATION NAME: _______________________________________________________________________________ CONTACT PERSON(S): ______________________________________ PHONE NUMBER: _________________________ ADDRESS: _________________________________________________________________________________________ CITY: _____________________________________ STATE: ____________ ZIP: _________________

I, _______________________________________, acknowledge that City Council Discretionary Funds and the goods or services purchased with them are public resources that may not be used for political activities or campaign-related purposes. ¹

__________________________________________ ______________________________ Council member signature Date

¹Government Code, § 54964; Vargas v. Salinas, (2009) 46 Cal.4th 1, 24-25; Stanson v. Mott, (1976) 17 Cal.3d 206, 209-210 ----------------------------------------------------------------------------------------------------------------------------------------------------------------- For office use only:

Request Approved by City Council: □ Yes □ No City Council approval date: ______________________

DIRECT COSTS
Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $ _____________ Subtotal (A): $ _______________

OVERHEAD
Staff ____City Manager Office______ Hrs. ________ Rate: ___$72_______ Total: $___________ Staff ____City Clerk’s Office___ ____ Hrs. ________ Rate: ___$94______ Total: $___________ Staff ____City Attorney____________ Hrs. ________ Rate: ___$250_____ Total: $___________ Staff ____ ________________________ Hrs. ________ Rate: ______________ Total: $___________ Subtotal (B): $ ______________

Subtotal (A & B): $______________
Administrative Cost - 10%: $______________

Grand Total: $_____________

City Council Meeting Date: __________________________ Resolution No.: ____________________________ Not to exceed: $____________________________________
G/L Account No: 101-1105-__________________________
Services Agreement: □ Yes □ No
City Vendor Number: _______________________________
City of Hollister Business License Number: ________________ Federal Tax ID (applicable to businesses paid more than $600) □ Yes □ No

Mayor Casey
Mia Casey
730006
.25
.25

23.50 City Parks & Recreation Department
Community events
Supplies
Support community events

0.00 1 72
158.00

62.50 16,400
16,200
16,358
16,400
16,358
16,200
11/19/2024
Docusign Envelope ID: 43C2E25B-9095-48EF-B214-AD8EA7102CDC 11/14/2024 | 10:18:14 AM PST

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-55

AGENDA ITEM: A RESOLUTION AUTHORIZING COUNCILMEMBER PEREZ TO USE $23,400 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS

FOR COMMUNITY FOUNDATION FOR SAN BENITO COUNTY AND AUTHORIZE

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 Perez to use up to $23,400 of FY 24/25 City Council budgeted discretionary funds for the Community Foundation for San Benito County to support local non-profit organizations.

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.

Councilmember Perez requests City Council approval to use budgeted discretionary funds in the amount of $23,400 for the Community Foundation for San Benito County to support local non-profits – Exhibit A. The organizations receiving support are as follows:

 Martha’s Kitchen: $5,000
 San Benito County Seniors Council: $2,000
 Jovenes de Atano: $4,000
 Hollister Community Outreach (My Father’s House): $4,000  Youth Recovery Connections: $6,000

The discretionary funds represent financial support not to exceed $21,000 and $2,400 in City of Hollister administrative costs for staff time and resources. As with all discretionary fund contracts issued to non-profit organizations, staff will not execute the contract until the organization is in good standing with the State of California’s Registry of Charities and Fundraisers. This requirement will also be required of each of the non-profit organizations receiving funds through this contract.

The City Manager will execute the necessary agreements with the Community Foundation for San Benito County.

FISCAL IMPACT: Amount not to exceed $23,400
FY 24/25 – 101-1105-730007 – Discretionary Funds – District 1

PREVIOUS COUNCIL OR COMMISSION ACTION: No previous action.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application – Signed

3. Exhibit A - Signed

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING COUNCILMEMBER PEREZ THE USE OF CITY
COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE
AMOUNT NOT TO EXCEED $23,400 IN FINANCIAL SUPPORT TO THE

COMMUNITY FOUNDATION FOR SAN BENITO COUNTY TO SUPPORT

LOCAL NON-PROFIT ORGANIZATIONS

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 Perez requests City Council approval to use up to $23,400 of FY 24/25 budgeted discretionary for financial support of local non-profit organizations (Exhibit A) through the Community Foundation for San Benito County (“Organization”); and

WHEREAS, the discretionary funds of $21,000 represent support for these organizations and their activities; funds include $2,400 in administrative costs for staff time and resources; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Perez to use City Council budgeted discretionary funds of $23,400 for financial support of local non-profit community organizations through the Community Foundation for San Benito County. City staff will not execute the related contract until the Organization is in good standing with the State of California’s Registry of Charities and Fundraisers. This requirement will also be required of each of the non - profit organizations receiving funds through the related contract.

Not to exceed $23,400 - FY 24/25 – 101-1105-730007 - Discretionary Funds – District 1

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # City Manager-2024-54

AGENDA ITEM: A RESOLUTION AUTHORIZING COUNCILMEMBER MORALES TO USE $10,200 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS FOR FINANCIAL SUPPORT OF THE VETERANS OF FOREIGN WARS POST 9242

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 up to $10,200 of FY 24/25 City Council budgeted discretionary funds in support of the Veterans of Foreign Wars Post 9242 for the purchase of a passenger type vehicle for transportation for military veterans.

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.

Councilmember Morales requests City Council approval to use budgeted discretionary funds in the amount of $10,200 for VFW Post 9242 in support of a purchase of a passenger type vehicle for transportation - supporting United States military veterans who have served.

The discretionary funds represent financial support not to exceed $10,000 and $200 in City of Hollister administrative costs for staff time and resources.

The City Manager will negotiate and execute the necessary agreements with the VFW.

As with all discretionary fund contracts issued to non-profit organizations, staff will not execute the contract until the organization is in good standing with the State of California’s Registry of Charities and Fundraisers.

FISCAL IMPACT: Amount not to exceed $10,200
FY 24/25 – 101-1105-730009 – Discretionary Funds – District 3

PREVIOUS COUNCIL OR COMMISSION ACTION: At the City Council Special Meeting on November 12, 2024, City Council approved District 4 Discretionary Funds for the

financial support of VFW Post 9242 to purchase a passenger type vehicle for transportation for military veterans – not to exceed $11,300.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Discretionary Funds Application - Signed

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING COUNCILMEMBER MORALES THE USE OF CITY
COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE
AMOUNT NOT TO EXCEED $10,200 IN FINANCIAL SUPPORT OF THE VETERANS OF FOREIGN WARS POST 9242

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 $10,200 of FY 24/25 budgeted discretionary funds and $10,000 toward a purchase of a passenger type vehicle for transportation – supporting United States military veterans who have served; and

WHEREAS, the discretionary funds include $200 in administrative costs for staff time and resources.

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 $10,200 for financial support of the VFW to purchase a passenger type vehicle for transportation and authorize the City Manager to negotiate and execute the necessary agreements.

Not to exceed $10,200 - FY 24/25 – 101-1105-730009 - Discretionary Funds – District 3

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

CITY COUNCIL DISCRETIONARY FUND REQUEST

Councilmember requesting: _________________________________________________________________ Funds will be used for: _____________________________________________________________________ Benefit to community: ______________________________________________________________________ Discretionary Funds requested: $___________________________________

ORGANIZATION NAME: _______________________________________________________________________________ CONTACT PERSON(S): ______________________________________ PHONE NUMBER: _________________________ ADDRESS: _________________________________________________________________________________________ CITY: _____________________________________ STATE: ____________ ZIP: _________________

I, _______________________________________, acknowledge that City Council Discretionary Funds and the goods or services purchased with them are public resources that may not be used for political activities or campaign-related purposes. ¹

__________________________________________ ______________________________ Council member signature Date

¹Government Code, § 54964; Vargas v. Salinas, (2009) 46 Cal.4th 1, 24-25; Stanson v. Mott, (1976) 17 Cal.3d 206, 209-210 ----------------------------------------------------------------------------------------------------------------------------------------------------------------- For office use only:

Request Approved by City Council: □ Yes □ No City Council approval date: ______________________

DIRECT COSTS
Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $_____________ Item ____________________________________ Qty: _________ Price $ _____________ Subtotal (A): $ _______________

OVERHEAD
Staff ____City Manager Office______ Hrs. ________ Rate: ___$72_______ Total: $___________ Staff ____City Clerk’s Office___ ____ Hrs. ________ Rate: ___$94______ Total: $___________ Staff ____City Attorney____________ Hrs. ________ Rate: ___$250_____ Total: $___________ Staff ____ ________________________ Hrs. ________ Rate: ______________ Total: $___________ Subtotal (B): $ ______________

Subtotal (A & B): $______________
Administrative Cost - 10%: $______________

Grand Total: $_____________

City Council Meeting Date: __________________________ Resolution No.: ____________________________ Not to exceed: $____________________________________
G/L Account No: 101-1105-__________________________
Services Agreement: □ Yes □ No
City Vendor Number: _______________________________
City of Hollister Business License Number: ________________ Federal Tax ID (applicable to businesses paid more than $600) □ Yes □ No

Councilmember Morales - D3
Bernie Ramirez
Passenger Van 1 10,000
10,000
11/19/2024
730009
1 72
.25
.25

23.50 62.50
158.00
10,158

0.00 10,158
10,200
$10,200
Provide veteran assistance and community outreach
Dolores Morales
VFW Post 9242
VFW Post 9242 - Van
831-902-7811
Docusign Envelope ID: 53F489B8-3872-4B64-81B1-2B482EB0A6EE 11/25/2024 | 11:10:09 AM PST

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Will auto populate once assigned

AGENDA ITEM: A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24 ANNUAL

ACCOUNTABILITY REPORT

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

RECOMMENDED ACTION: Adopt a resolution approving the CFD 2 Accountability Report for Fiscal Year 2023/24.

DISCUSSION: On July 6, 1995, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 95-95, establishing the formation of Community Facilities District No. 2. Per the Resolution of Formation of CFD No. 2, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.

The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 2 of the City of Hollister (the City) for the fiscal year ending June 30, 2024 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.

Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.

FISCAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2023/24. In Fiscal Year 2023/24, the City has collected $1,501,663.02, with the County of San Benito service charge fees paid from the General Fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

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

ATTACHMENTS:

1. Resolution (CFD 2 Annual Accountability Report)

2. CFD 2 Accountability Report_10.30.24_Final

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES
DISTRICT NO. 2 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24

ANNUAL ACCOUNTABILITY REPORT

WHEREAS, the City Council of the City of Hollister has established the City of Hollister Community Facilities District No. 2 (Police and Fire Services) pursuant to the California Government Code Sections 53328 and 53340; and

WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 2 (CFD No. 2) of the City of Hollister for the fiscal year ending June 30, 2024 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and

WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and

WHEREAS, the Accountability Report is now complete and ready for acceptance by the City Council.

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

SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.

SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse th e certificate evidencing the date and adoption of this Resolutions.

SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

City of Hollister
COMMUNITY FACILITIES DISTRICT No. 2
FISCAL YEAR 2023/24
Annual Accountability Report

November 2024

Prepared by
Development & Public Finance, LLC

Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6

1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.

This report (“Accountability Report) is being prepared for Community Facilities District No. 2 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2024 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2023/24.

2) Purpose of Special Tax
The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:

1. Police protection services to protect and safeguard life and property

2. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression

3. Police equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both

4. Collecting and administering the special tax and annual administering the District

5. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration:

3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 218. As of June 30, 2024, there is a fund balance of $1,817,970.88.

4) Special Taxes Collected and Expended
In Fiscal Year 2023/24, the City has collected $1,501,663.02. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2023/24.

5) Status of Special Tax Services
All special taxes have been allocated to Police services, Fire services and administrative costs as required by the Rate and Method of Apportionment for the CFD.

6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2024, have been attached as Exhibit A.

EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 2

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER ENGINEERING DIVISION, NOVEMBER 2024 ANNEXATION NO.SUBDIVISION TRACT NO.

FORMATION (0) 0A PRIMAVERA HOMES 257
0B GABRIELLE SUBDIVISION 255
0C PALMTAG 262
0D WALNUT PARK 13 145
1A CREEKSIDE 1 - ANDERSON HOMES 277
1B BRIGNATINO #2 212
1C HILLVIEW SUBDIVISION 1, 2, & 3 270
1D MERIDIAN PLAZA 279
1E TSAI/SUNDANCE 275
1F WALNUT PARK 8 145
1G GLENMORE ESTATES 278
1H SCOTT RANCH 267
1I LAS BRISAS ESTATES 7 190
1J HERITAGE VILLAGE 273
2A BERESINI-FIELDSTONE 286
2B BRIDGEVALE SUBDIVISION 285
2C LA BAIG ESTATES 5A 263
2D RANCHO SJC - TANG 291
2E LAS BRISAS ESTATES PHASE 8 190
3 CREEKSIDE 3 LANDS OF HOLSTROM 277
4 HILLVIEW 2 307
5 BELLA CENTRO 318
6 SADDLEBROOK 326
7 THE VILLAGES 313
8 APRICOT LANE 323
9 LADD RANCH 319
10 ORCHARD RANCH 325
11 THE OLD FLOUR MILL 333
12 VISTA DE ORO 332
13 CORIA FOURPLEXES
14 ORCHARD PARK 324
15 CERRATO 315
16 1640 CIENEGA CROSS
17 THE COTTAGES 327
18 WALNUT PARK 14 142
19 1051 MONTEREY STREET
20 CHISPA BUENA VISTA
21 849 CANAL ALLEY
22 EL CERRO 336
23 491 SANTA ANA ROAD
24 SILVER OAKS 316
25 HILLCREST MEADOWS 331
26 ALLENDALE 339
27 CHISPA SUNRISE SENIOR APARTMENTS
28 ROBERTS RANCH SINGLE FAMILY 351

CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.2 CITY OF HOLLISTER,

COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2024 BY ITS RESOLUTION NO .

JENNIFER WOODWORTH, MMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.

MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN

INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2024 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.

COUNTY RECORDER, COUNTY OF SAN BENITO

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Will auto populate once assigned

AGENDA ITEM: A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC FACILITIES SERVICES) FISCAL YEAR 2023/24 ANNUAL

ACCOUNTABILITY REPORT

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

RECOMMENDED ACTION: Adopt a resolution approving the CFD 4 Accountability Report for Fiscal Year 2023/24.

DISCUSSION: On July 21, 2014, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2014 -143, establishing the formation of Community Facilities District No. 4. Per the Resolution of Formation of CFD No. 4, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.

The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 4 of the City of Hollister (the City) for the fiscal year ending June 30, 2024 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.

Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.

FISCAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2023/24. In Fiscal Year 2023/24, the City has collected $1,521,248.03, with the County of San Benito service charge fees paid from the general fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

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

ATTACHMENTS:

1. Resolution (CFD 4 Annual Accountability Report)

2. CFD 4 Accountability Report_10.30.24_Final

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES
DISTRICT NO. 4 (PUBLIC FACILITIES SERVICES) FISCAL YEAR 2023/24 ANNUAL ACCOUNTABILITY REPORT

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

WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 4 (CFD No. 4) of the City of Hollister for the fiscal year ending June 30, 2024 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and

WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and

WHEREAS, the Accountability Report is now complete and ready for accept ance by the City Council.

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

SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.

SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolutions.

SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

City of Hollister
COMMUNITY FACILITIES DISTRICT No. 4
FISCAL YEAR 2023/24
Annual Accountability Report

November 2024

Prepared by
Development & Public Finance, LLC

Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6

1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.

This report (“Accountability Report) is being prepared for Community Facilities District No. 4 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2024 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2023/24.

2) Purpose of Special Tax
The purpose of the special tax is to fund the services outlined below. The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:

1. Maintenance, Repair and Replacement of Landscape, Lighting and Hardscapes a. Turf and Plant: Sufficient water, fertilizer and other nutrients shall be provided and sufficient insect and disease control shall be applied to turf and other plants to maintain them in a healthy and thriving condition. Turf shall be mowed and trimmed back from edges of hardscape. Plants shall be shaped as necessary and plant foliage, which has exceeded the landscape boundaries, shall be trimmed back.
b. Trees and Shrubs: Pruned and trimmed as necessary in such a manner as to prevent interference with sight clearance for pedestrian bicycle and vehicle traffic on adjacent roadways walkways and rights of way.
c. Parks and Open Space.
d. All weeds, trash and debris shall be removed regularly from the landscaped area. e. The scheduled inspection and maintenance of walkways, sidewalks, bicycled paths, sound walls, retaining walls, roadways, lighting (streets and other) and landscaped areas within the public right of way.
f. Replacement of dead plants and trees.
g. Replacement of ground cover as needed.

h. Repair and replacement of walkways, sidewalks, bicycle paths, sound walls, retaining walls, roadways, lighting and other landscaped areas within the public right of way.

2. Flood and Storm Protection
a. Maintenance of the storm drain system and retention/detention basins, including items such as landscaping, fencing, piping, filters.
b. Operation and maintenance of the outfall structure and the pump lift stations for the detention basins.
c. Reserve for replacement of structures and pumps.

3. Irrigation System
a. The irrigation system serving the landscaping shall be maintained, repaired and replaced as needed and all legally required permits with respect to such work shall be obtained.

4. Water and Electricity
a. Payment of utility costs associated with maintenance of authorized landscape services, including expenses for water and electricity used to irrigate and light the landscaping.

5. Collecting and administering the special tax and annual administration of the District.

6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration. a. Special tax consultant services
b. City, Participating District staff review, oversight, and administrative services c. Financial advisor services
d. Special tax administrator services
e. Publishing, mailing, and posting of notices
f. Recording fees

3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 712. As of June 30, 2024, there is a fund balance of $3,174,303.90.

4) Special Taxes Collected and Expended
In Fiscal Year 2023/24, the City has collected $1,521,248.03. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2023/24.

5) Status of Special Tax Services
All special taxes have been allocated from City fund number 712, on City staff and on service and supplies as outlined under 2) above. All remaining special taxes have been allocated to infrastructure replacement reserve and administrative expenses.

6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2024, have been attached as Exhibit A.

EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 4

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER ENGINEERING DIVISION, NOVEMBER 2024 ANNEXATION NO.SUBDIVISION TRACT NO.

FORMATION (0)RAJKOVICH 312
1 TUSCAN SUN 314
2 THE VILLAGES 313
3 BELLA CENTRO 318
4 DEL CURTO FOURPLEXES
5 SADDLEBROOK 326
6 APRICOT LANE 323
7 LAND RANCH 319
8 ORCHARD PARK 324
9 THE OLD FLOUR MILL 333
10 WALNUT PARK 14 142
11A 1640 CIENEGA ROAD
11B CERRATO 315
12 ORCHARD RANCH 325
13 THE COTTAGES 327
14 1051 MONTEREY STREET
15 VISTA DE ORO 332
16 CHISPA BUENA VISTA
17 849 CANAL ALLEY
18 EL CERRO 336
19 491 SANTA ANA ROAD
20 SILVER OAKS 316
21 CORIA FOURPLEXES
22 HILLCREST MEADOWS 313
23 ALLENDALE 339
24 CHISPA SUNRISE SENIOR APARTMENTS
25 MAPLE PARK 329
26 LOS PINARS 343
27 240 SALLY STREET
28 SOLORIO PARK I 347
29 SOLORIO PARK II 348
30 811 SANTA ANA ROAD 346
31 MIRABELLA II 341
32 220 4TH STREET
33 540 LINE STREET
34 CERRO VERDE 350
35 169 EAST STREET
36 1650 CIENEGA ROAD
37 418, 424, 426 6TH STREET
38 638 LINE STREET
39 814 PROSPECT AVE
40 ROBERTS RANCH 351
41 FARMSTEAD 345
42 125 HAWKINS ALLEY
43 390 WEST STEET 351
44 1551 CITATION WAY
45 WEST FAIRVIEW PHASE 1B 303
46 HOLLISTER FARMS
47 WEST FAIRVIEW PHASE 1A 303
48 111 SAN FELIPE ROAD
49 COMMUNITY FOUNDATION
50 90 FALLON ROAD
51 40 SAN FELIPE ROAD
52 WEST FAIRVIEW PHASE 2 303
53 400 SAN BENITO STREET
54 WOODLE SUBDIVISION_ASPEN PARK 364
55 LA HEARNE 172 MCCLOSKEY ROAD
56 EVERGLEN 365
57 WILLOW LANDING 360

CITY CLERK'S STATEMENT

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.5 CITY OF HOLLISTER, COUNTY

OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF

THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2024 BY ITS RESOLUTION NO
.

JENNIFER WOODWORTH, MMC, CITY CLERK

CITY ENGINEER'S STATEMENT

THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN
THE HOLLISTER CITY CLERK'S OFFICE.

MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN

INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2024 AT THE HOUR OF
O'CLOCK M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN

THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.

COUNTY RECORDER, COUNTY OF SAN BENITO

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Will auto populate once assigned

AGENDA ITEM: A RESOLUTION APPROVING COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24 ANNUAL

ACCOUNTABILITY REPORT

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

RECOMMENDED ACTION: Adopt a resolution approving the CFD 5 Accountability Report for Fiscal Year 2023/24.

DISCUSSION: On August 6, 2018, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2018 -197, establishing the formation of Community Facilities District No. 5. Per the Resolution of Formation of CFD No. 5, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.

The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 5 of the City of Hollister (the City) for the fiscal year ending June 30, 2024 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.

Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.

FISCAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2023/24. In Fiscal Year 2023/24, the City has collected $376,732.84, with the County of San Benito service charge fees paid from the general fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

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

ATTACHMENTS:

1. Resolution (CFD 5 Annual Accountability Report)

2. CFD 5 Accountability Report_10.30.24_Final

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES
DISTRICT NO. 5 (POLICE AND FIRE SERVICES) FISCAL YEAR 2023/24

ANNUAL ACCOUNTABILITY REPORT

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

WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 5 (CFD No. 5) of the City of Hollister for the fiscal year ending June 30, 2024 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and

WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and

WHEREAS, the Accountability Report is now complete and ready for acceptance by the City Council.

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

SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.

SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution.

SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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 special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

City of Hollister
COMMUNITY FACILITIES DISTRICT No. 5
FISCAL YEAR 2023/24
Annual Accountability Report

November 2024

Prepared by
Development & Public Finance, LLC

Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6

1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.

This report (“Accountability Report) is being prepared for Community Facilities District No. 5 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2024 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2023/24.

2) Purpose of Special Tax
The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:

1. Police protection services to protect and safeguard life and property

2. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression

3. Ambulance and paramedic services

4. Police and fire equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both

5. Collecting and administering the special tax and annual administering the District

6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration:

3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 713. As of June 30, 2024, there is a fund balance of $942,442.79.

4) Special Taxes Collected and Expended
In Fiscal Year 2023/24, the City has collected $376,732.84. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2023/24. 5) Status of Special Tax Services
All special taxes have been allocated to Police services, Fire services and administrative costs as required by the Rate and Method of Apportionment for the CFD. 6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2024, have been attached as Exhibit A.

EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 5

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER ENGINEERING DIVISION, NOVEMBER 2024 ANNEXATION NO.SUBDIVISION TRACT NO.

FORMATION 0 MIRABELLA II 341
1 MAPLE PARK 329
2 LOS PINARS 343
3 240 SALLY STREET
4 SOLORIO PARK I 347
5 SOLORIO PARK II 348
6 811 SANTA ANA ROAD 346
7 220 4TH STREET
8 CERRO VERDE 350
9 540 LINES STREET
10 169 EAST STREET
11 1650 CIENEGA ROAD
12 418, 424, 426 6TH STREET
13 638 LINE STREET
14 814 PROSPECT AVENUE
15 ROBERTS RANCH MULTIFAMILY 351
16 FARMSTEAD 345
17 125 HAWKINS ALLEY
18 390 WEST STREET
19 WEST FAIRVIEW PHASE 1B 303
20 WEST FAIRVIEW PHASE 1A 303
21 WEST FAIRVIEW PHASE 2 303
22 400 SAN BENITO STREET
23 WOODLE SUBDIVISION_ASPEN PARK 364
24 EVERGLEN 365
25 WILLOW LANDING 360

CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.5 CITY OF HOLLISTER,

COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2024 BY ITS RESOLUTION NO .

JENNIFER WOODWORTH, MMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.

MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN

INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2024 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.

COUNTY RECORDER, COUNTY OF SAN BENITO

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Fire-2024-16

AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HOLLISTER APPROVING A BUDGET ADJUSTMENT TO THE FIRE DEPARTMENT BUDGET IN THE AMOUNT OF $176,207.00

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Fire Marshal, Charlie Bedolla

RECOMMENDED ACTION: Approve a resolution of the City Council of the City of Hollister approving a budget adjustment to the Fire Department Budget in the amount of $176,207.00.

DISCUSSION: The Hollister Fire Department was granted permission by the city Council of the City of Hollister with approved Resolution NO. 2022-19 to apply for a Wildfire Prevention Grant with the California Department of Forestry and Fire Protection (CAL Fire). The Hollister Fire Department accepted the Grant from CAL Fire with approved Resolution No. 2022-177. The Hollister Fire Department received the first installment of funds from CAL Fire in the amount of $176,207.00 to cover the cost of payment to a licensed contractor to perform the work related to this grant. Through the City of Hollister sealed bids process, The Hollister Fire Department selected Community Tree Service, LLC.

The Hollister Fire Department is requesting a Budget Adjustment to transfer the funds received from the CAL Fire Grant to make payment to Community Tree Service, LLC for the work performed as outlined in the grant guidelines in the amount of $157,328.00.

The remaining $18,879.00 will be applied to the Fire Department regular salaries account to cover staff time for administering the grant.

FISCAL IMPACT: $157,328 for services provided by Community Tree Service, LLC; recovered through a grant with an additional 12% administrative time.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Resolution No. 2022-177

3. Budget Adjustment Form

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A BUDGET ADJUSTMENT TO THE FIRE DEPARTMENT
BUDGET IN THE AMOUNT OF $176,207.00.

WHEREAS, the Hollister Fire Department received permission to apply and accept a Wildfire Prevention grant with the California Department of Forestry and Fire Protection; and

WHEREAS, the Hollister Fire Department received partial payment from the CAL Fire Grant in the amount of $176,207.00; and

WHEREAS, the Hollister Fire Department requested a budget adjustment to transfer grant funds to make payment to Community Tree Service, LLC for the work performed related to this grant in the amount of $157,328.00; and

WHEREAS, the remaining $18,879.00 will be applied to the Fire Department regular salaries account to cover staff time for administering the grant.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the budget adjustment in the amount of $176,207.00.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 17, 2022
SUBMITTED: October 6, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325

SPONSOR(S): Perez

TITLE OF ITEM: RESOLUTION NO. 2022-177, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING RESOLUTION NO. 2022-173

AUTHORIZING THE HOLLISTER FIRE DEPARTMENT TO ACCEPT A GRANT

FROM THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CALFIRE) CALIFORNIA CLIMATE INVESTMENTS WILDFIRE PREVENTION

BRIEF DESCRIPTION: This item will amend Resolution No. 2022-173 that authorizes the Hollister Fire Department to accept a California Department of Forestry and Fire Protection (CALFIRE) grant award for $675,971 for Wildfire and Hazardous Fuels Reduction.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution amending Resolution No. 2022-173, authorizing the Hollister Fire Department to accept a grant award of $675,971 from the California Department of Forestry and Fire Protection (CALFIRE) California Climate Investments for the project name - San Benito County Fuels Reduction.

DEPARTMENT SUMMARY: The Hollister Fire Department (HFD) was granted permission by the City Council of the City of Hollister with approved Resolution No. 2022-19 to apply for a Wildfire Prevention Grant with the California Department of Forestry and Fire Protection (CALFIRE). On June 1, 2022, HFD was notified by CALFIRE that the HFD application for the grant project entitled SAN BENITO COUNTY FUELS REDUCTION (21-FP-BEU0054) had been selected for funding and selected as an awardee for $675,971.

Funded activities include Hazardous Fuels Reduction, W ildfire Prevention Planning, and Wildfire Prevention Education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

Focused areas of this project will include:

 Cienega Road on the south end of the County
 San Juan Canyon Road on the west end of San Benito County  FY 2022/2023, FY 2023/2024, FY 2024/2025

A Scope of Work (SOW) for the project has been identified in the signed agree ment – Attachment A.

At the October 3, 2022 meeting, the City Council adopted Resolution No. 202 2-173 authorizing acceptance of the grant. CALFIRE has requested that the Resolution be

amended to designate persons to conduct negotiations, and execute and submit all documents.

The amended Resolution specifies Persons designated to conduct negotiations, execute and submit all documents including, but not limited to applications, a greements, amendments, payment requests, etc, will be as follows from the Hollister Fire Department - Fire Marshal and Administrative Assistant.

All project and activity work related to this grant must be completed by March 15, 2026.

FINANCIAL IMPACT: N/A
Grant Application Tracking No. 21-FP-BEU-0054
Grant Agreement No. 5GG21118
COH Fund No. - 274

CEQA: Projects requiring CEQA review are required to provide documented compliance within twelve (12) months from the grant execution. Groundwork cannot begin until CEQA requirements have been completed.

ATTACHMENTS:

1. Grant Agreement No. 5GG21118 - Signed

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

RESOLUTION NO. 2022-177

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING RESOLUTION NO. 2022-173 AUTHORIZING THE HOLLISTER FIRE DEPARTMENT

TO ACCEPT A GRANT FROM THE CALIFORNIA DEPARTMENT OF FORESTRY

AND FIRE PROTECTION (CALFIRE) CALIFORNIA CLIMATE INVESTMENTS

WILDFIRE PREVENTION

WHEREAS, the Hollister Fire Department was granted permission by the City Council of the City of Hollister by approved Resolution No. 2022-19 to apply for a grant with the California Department of Forestry and Fire Protection (CALFIRE) for a Wildfire and Hazardous Fuels Reduction Grant; and

WHEREAS, on June 1, 2022, Hollister Fire Department was notified by CALFIRE that our application for the grant project entitled SAN BENITO COUNTY FUELS REDUCTION (21-FP-BEU-0054) had been selected for funding for the grant award of $675,971; and

WHEREAS, funded activities include Hazardous Fuels Reduction, W ildfire Prevention Planning, and W ildfire Prevention Education with an emphasis on improving public health and safety while reducing greenhouse gas emissions; and

WHEREAS, focused areas of the grant project will include: 1) Cienega Road on the south end of San Benito County and 2) San Juan Canyon Road on the west end of San Benito County - FY 2022/2023, FY 2023/2024, FY 2024/2025; and

WHEREAS, Scope of Work (SOW) for the project has been identified in the signed agreement – Attachment A; and

WHEREAS, Resolution No. 2022-173 allowed the Hollister Fire Department to accept the grant, but did not specify the persons designated to conduct negotiations, execute and submit all documents; and

WHEREAS, all projects and activity work related to this grant must be completed by March 15, 2026; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister amends Resolution No. 2022-173 to allow the Hollister Fire Department to accept an award of $675,971 from the California Department of Forestry and Fire Protection (CALFIRE) California Climate Investments Wildf ire Prevention Grant; and

BE IT FURTHER RESOLVED, that Persons designated to conduct negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests, etc., will be as follows from the Hollister Fire Department - Fire Marshal and Administrative Assistant.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of October, 2022, by the following vote:

RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Rolan Resendiz, District 2
SECONDER: Rick Perez, District 1
AYES: Velazquez, Perez, Resendiz
ABSENT: Morales, Burns

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-177, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 17th day of October, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of October, 2022.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister

Docusign Envelope ID: DDA5E19C-5E41-4255-B02A-4C6497BF7A94 11/25/2024 | 3:46:54 PM PST
11/25/2024 | 4:04:32 PM PST

11/19/2024 2:41:39 PM Page 1 of 2
Detail vs Budget Report
City of Hollister Account Summary
Date Range: 07/01/2024 - 11/19/2024
Account Name Beginning Balance Total ActivityFiscal Budget Ending Balance Budget RemainingEncumbrances % Remaining 274 - Fuels Reduction (21-FP-BEAU-0504) Grant
Revenue
274-1000-430016 STATE GRANT 176,207.43-176,207.43-176,207.430.000.000.00 0.00 % Revenue Totals:0.00 0.00 0.00 -176,207.43 -176,207.43 176,207.43 0.00 % Expense
274-2205-701001 Salaries Regular 0.000.000.000.000.000.00 0.00 % 274-2205-730000 Professional Services 0.000.000.000.000.000.00 0.00 % Expense Totals:0.00 0.00 0.00 0.00 0.00 0.00 0.00 %
274 - Fuels Reduction (21-FP-BEAU-0504) Grant Totals:0.00 0.00 0.00 -176,207.43 -176,207.43 176,207.43 Report Total:0.00 0.00 0.00 -176,207.43 -176,207.43 176,207.43 -$176,208
$18,879
$157,329
-$0.57 0.00%
100%
100%
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Fire-2024-19

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH SOUTH BAY REGIONAL PUBLIC SAFETY

TRAINING CONSORTIUM

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Jonathan Goulding, Fire Chief

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute a contract with South Bay Regional Public Safety Training Consortium .

DISCUSSION: The Hollister Fire Department is requesting to initiate a contract with South Bay Regional Public Safety Training Consortium (SBRPSTC) for their use of the Hollister Fire Training Facility located at 2690 San Juan Hollister Rd. at the Domestic Wastewater Treatment Plant. This will allow SBRPSTC to host hands-on classes at the training facility.

The Hollister Fire Department currently partners with SBRPSTC for training purposes.

They facilitate training courses through local colleges, which provide funding for training opportunities to the department. Partnering with SBRPSTC for the use of facilities will also allow the Hollister Fire Training Facility to apply to become authorized by the California State Fire Training as a testing facility. If approved, this would allow Hollister Fire personnel to take classes, test, and certify locally through the state, without requiring them to be sent out of the area for this testing.

FISCAL IMPACT: SBRPSTC would compensate the City of Hollister for using the training grounds based on the duration and usage of the facility. This cost would range from $400 for up to four hours of use, to $900 for over four hours of usage, per day.

Additionally, SBRPSTC will purchase all consumable items for their training (i.e., propane, wood, etc.).

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Contract

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT

WITH SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING
CONSORTIUM.

WHEREAS, the Hollister Fire Department is requesting to initiate a contract with South Bay Regional Public Safety Training Consortium; and

WHEREAS, South Bay Regional Public Safety Training Consortium will offer classes and utilize the Hollister Training Tower and associated training facilities; and

WHEREAS, South Bay Regional Public Safety Training Consortium will compensate the City of Hollister for the use of the Hollister Training Tower and associated training facilities; and

WHEREAS, as a partner with South Bay Regional Public Safety Training Consortium, the Hollister Fire Department can apply to be an authorized testing facility through California State Fire Training; and

WHEREAS, if approved as an authorized testing facility through California State Fire Training, the Hollister Fire Department would be able to increase the types of certifications issued locally by the department.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to execute a contract with South Bay Regional Public Safety Training Consortium for their use of the Hollister Training Tower and associated training facilities.

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Fire-2024-15

AGENDA ITEM: A RESOLUTION ACKNOWLEDGING HOLLISTER FIRE

DEPARTMENT PERFORMED ANNUAL INSPECTIONS PURSUANT TO SECTION 13146.4 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND ACCEPTING

THE COMPLIANCE REPORTING FOR STATE MANDATED LOCAL PROGRAMS FOR SENATE BILL NO. 1205

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Carlos Bedolla, Fire Marshal

RECOMMENDED ACTION: Adopt a resolution accepting the compliance reporting for state-mandated local programs for Senate Bill No. 1205 pursuant to Section 13146.4 of the Health and Safety Code, relating to fire protection regarding certain occupancies annual inspections.

DISCUSSION: California Health and Safety Code Section 13146.4 was added in 2018 and became effective on September 27, 2018. California Health and Safety Code Sections 13146.2 and 13146.3 requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house and institutions, and for compliance with building standards as provided. California Health and Safety Code Section 13146.2 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.

The City Council of the City of Hollister intends this resolution to fulfill the requirements and expressly acknowledges the measure of compliance of the Hollister Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the encompassed areas as follows:

A. Educational Group E Occupancies:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade.

During calendar year 2024, the Hollister Fire Department completed the annual inspection of seventeen (17) group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

B. Residential Group R Occupancies:

Residential Group R occupancies are generally those occupancies containing sleeping units, and include hotels, motels, apartments (two units or more), etc. as well as other residential occupancies.

During calendar year 2024, the Hollister Fire Department completed the annual inspection of three hundred and eighty-four (384) Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

C. Institutional Group I Occupancies:

Institutional Group I occupancy includes, among others, for the purposes of this resolution, the use of a building or structure, or a portion thereof, in which people are cared for or live in a supervised environment or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted.

During calendar year 2024, the Hollister Fire Department completed the annual inspection of three (3) Group I occupancies, buildings, structures and/or facilities.

This is a compliance rate of 100% for this reporting period.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council of the City of Hollister accepted previous calendar year reporting.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. 2024 City of Hollister Inspections

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACKNOWLEDGING THAT HOLLISTER FIRE DEPARTMENT HAS

PERFORMED THE INSPECTIONS OF CERTAIN OCCUPANCIES
REQUIRED ANNUALLY PURSUANT TO SECTION 13146.4 OF THE

CALIFORNIA HEALTH AND SAFETY CODE AND ACCEPTING THE

COMPLIANCE REPORTING FOR STATE-MANDATED LOCAL
PROGRAMS FOR SENATE BILL NO. 1205

WHEREAS, on September 27, 2018, the State of California passed Senate Bill 1205 (SB 1205) adding a new section to the California Health and Safety Code Section 13146.4 which affects every fire department or fire district in the State; and

WHEREAS, the existing law, California Health and Safety Code Sections 13146.2 and 13146.3 requires every fire department or fire district to inspect every building used as a public or private school, hotel, motel, lodging house, apartment complex, and institutions annually; and

WHEREAS, this bill requires every fire department or fire d istrict to report annually to its administering authority their compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the administering authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal document;

WHEREAS, the Hollister Fire Department performed calendar year 2024 inspections for compliance reporting with SB 1205;

WHEREAS, the City Council of the City of Hollister reviewed the report from the Fire Chief related to compliance with SB 1205.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister has received this report from the Hollister Fire Department for compliance reporting with Senate Bill 1205 for calendar year 2024 inspections.

Resolution No. 2024-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

INSPECTIONS COMPLETED
E (Schools)17 of 17 100%
TOTAL 17 of 17 100%
R-1 (Hotel/Motels)7 of 7 100%
R-2 (Apartments) 377 of 377 100%
TOTAL 384 of 384 100%
I (Jails/Courthouse)3 of 3 100%
TOTAL 3 of 3 100%
OVERALL INSPECTIONS 404 of 404 100%

INSTITUTIONAL GROUP I

RESIDENTIAL GROUP R

EDUCATIONAL GROUP E

COMPLIANCE
2024 CITY OF HOLLISTER

STATE MANDATED INSPECTIONS

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: December 2, 2024
REPORT # Fire-2024-20

AGENDA ITEM: A REVISED RESOLUTION FOR THE PURCHASE OF AN AERIAL

LADDER TRUCK FOR USE BY THE FIRE DEPARTMENT

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Casey Estorga, Administrative Services Director

RECOMMENDED ACTION: Adopt a revised resolution authorizing the City Manager to execute a Lease-Purchase Agreement with Leasing 2 for the financing of an aerial ladder truck in an amount not to exceed $1,987,598.81 in a form approved by the City Attorney.

DISCUSSION: On May 21, 2024, the City Council adopted a resolution authorizing the City Manager to negotiate and accept the terms of a lease-purchase agreement and escrow agreement for the purchase of an aerial ladder truck. Staff then became aware the resolution needed to be amended to include language compliant with California law.

This revised resolution does not modify the total cost of the purchase. The provisions of the Lease-Purchase Agreement as provided by Leasing 2, Inc. on November 19, 2024, are summarized as follows:

Total Equipment Cost: $1,987,598.81
Down Payment: $ 558,262.00
Amount Financed: $1,429,336.81

Lease Terms: 10 Years
First Payment Due: 1/15/2026
Interest Rate: 6.48%
Annual Payment: $ 199,750.55

Adopting this revised resolution will allow the City Manager to continue negotiating with Leasing 2, Inc., including terms and conditions in the best interests of the City, and allow the City Manager to proceed with the Lease-Purchase Agreement in a form as approved by the City Attorney.

FISCAL IMPACT: There is no fiscal impact to approving the revised resolution. Funding for the down payment was included in Fund 301 as part of the FY 2024-25 Adopted Budget. Funding for the annual payments will be included in budgets during future years as those payments become due.

PREVIOUS COUNCIL OR COMMISSION ACTION:

On August 2, 2021, the City Council approved Resolution No. 2021-148 for the Hollister Fire Department to purchase an aerial ladder fire truck apparatus with an elevating

ladder, and to include complete compliment of firefighting equipment, and full emergency radio communications.

On December 12, 2023, the City Council approved Resolution 2023-258 authorizing the City Manager to enter into an agreement to purchase an ae rial ladder truck. At this meeting, the City Council also directed staff to explore purchasing methods that would be in the best interest of the City.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Resolution including Exhibits A and B

2. Lease Financing Proposal

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

REAUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT TO PURCHASE AN AERIAL LADDER FIRE TRUCK

APPARATUS, AUTHORIZING THE EXECUTION AND DELIVERY OF A

LEASE-PURCHASE AGREEMENT IN CONNECTION THEREWITH, AND

RELATED DOCUMENTS AND ACTIONS

WHEREAS, on August 2, 2021, this City Council approved Resolution No. 2021 -148 for the Hollister Fire Department to purchase an Aerial Ladder Fire Truck Apparatus (the “Rosenbauer Fire Engine”); and

WHEREAS, the City is authorized to enter into lease agreements for equipment under Sections 37350 and 37351 of the Government Code of the State of California; and

WHEREAS, on December 18, 2023, this City Council approved Resolution No. 2023 -258 which authorized the City Manager to enter into a lease-purchase agreement to finance the acquisition of the Rosenbauer Fire Engine, for a ten (10) year term, with annual payments not to exceed $300,000, and at a total cost not to exceed $2,100,000; and

WHEREAS, in order to finance the Rosenbauer Fire Engine and related costs, the City has proposed to lease the Property from Leasing 2, Inc., (the “Lessor”) pursuant to the terms of a Lease-Purchase Agreement (the “Lease-Purchase Agreement”) between the City, as Lessee, and the Lessor, the form of which Lease-Purchase Agreement is attached hereto as Exhibit B; and

WHEREAS, it appears to the City Council that the authorization, approval, execution, and delivery of the Lease-Purchase Agreement described above and any incidental agreements thereto are desirable and in the best interests of the City; and

WHEREAS, the financing of the Rosenbauer Fire Engine is consistent with Section

3.6.210 of the City’s Municipal Code; and

WHEREAS, the acquisition of the Rosenbauer Fire Engine, under the terms and conditions provided for in the Lease-Purchase Agreement, is necessary, convenient, in the furtherance of and will at all times be used in connection with City’s governmental and proprietary purposes and functions, and is in the best interests of the City, and no portion of the Rosenbauer Fire Engine will be used directly or indirectly in any trade or business carried on by any person other than a governmental unit of the State of California on a basis different from the general public; and

WHEREAS, Pursuant to the requirements of Government Code section 5852.1, the City is required to disclose at a public meeting certain information related to the financing.

Resolution No. 2024-XXX
WHEREAS, City Staff has obtained from Lessor under the Lease-Purchase Agreement, good faith estimates of (a) the principal amount, (b) the true interest cost of the financing, (c) the finance charge, meaning the sum of all fees and charges paid to third parties with respect to the financing, (d) the amount of proceeds of the financing expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with the proceeds of the financing, and (e) the aggregate sum total of all payments made pursuant to the Lease-Purchase Agreement calculated to the final term of the Lease-Purchase Agreement, plus the fees and charges paid to third parties not paid with the proceeds of the financing, and such estimates are disclosed as set forth in Exhibit A attached hereto; and

WHEREAS, the City has adopted a local debt management policy (“Debt Management Policy”) consistent with Section 8855(i) of the California Government Code .

* * * * * * * * * *

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 1.1 Approval of Down Payment for the Rosenbauer Fire Engine .

The City hereby authorizes a down payment to be paid on the Rosenbauer Fire Engine in an amount not to exceed $600,000.

Section 2. Reauthorization of Financing for the Rosenbauer Fire Engine.

The financing of the remaining costs of the Rosenbauer Fire Engine, net of the down payment pursuant to Section 1.1 of this Resolution, is hereby reauthorized, for a term not to exceed ten (10) years, with annual payments not to exceed $300,000, and at a total cost not to exceed $2,100,000 less any amount paid as a down payment pursuant to Section 1.1.

Section 3. Approval of Lease-Purchase Agreement. The Lease-Purchase Agreement, in the form attached as Exhibit B, is hereby approved, together with any changes therein or additions thereto deemed advisable by an Authorized Officer (as defined below), whose execution thereof shall be conclusive evidence of such approval, except as such changes or additions may be limited by the parameters contained in Section 2.

Section 3. Authorized Officers, Execution and Delivery of Lease- Purchase Agreement and Related Documents. The City Manager or his or her designees (each, an “Authorized Officer”) are hereby each, acting alone, authorized and directed to execute and deliver the Lease-Purchase Agreement on behalf of the City, subject to an Authorized Officer making any such changes to the Lease-Purchase Agreement as may be necessary or appropriate. The Authorized Officers are hereby each, acting alone, authorized and directed to execute and deliver the Lease-Purchase Agreement, execute

Resolution No. 2024-XXX
any documents or supplementary agreements necessary to secure possession, use, or ownership of the Rosenbauer Fire Engine, and to approve any amendments thereto as necessary to carry out the provisions of this Resolution.

All actions heretofore taken by officers, employees, and agents of the City that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed, and ratified.

Section 4. Official Actions. The Authorized Officers, are each authorized and directed in the name and on behalf of the District to make, execute, and deliver any and all assignments, certificates, requisitions, agreements, notices, consents, tax certificates, IRS Forms 8038-G, designations relating to bank qualification under section 265(b)(3)(B) of the Internal Revenue Code of 1986, escrow agreements and other instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable.

Section 5. Compliance with Debt Management Policy. The execution of the Lease-Purchase Agreement is in compliance with the City’s Debt Management Policy.

Section 6. Disclosure of Specified Financing Information. City Staff has obtained from the Lessor good faith estimates of the information required by Government Code section 5852.1 and hereby discloses the estimates information as shown in Exhibit A attached hereto and incorporated herein by reference.

Resolution No. 2024-XXX
Section 7. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a special meeting held on December 2, 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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a special meeting held on December 2, 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 December 2, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

EXHIBIT A

GOOD FAITH ESTIMATES

The good faith estimates set forth herein are provided with respect to the financing authorized by this Resolution. Such good faith estimates have been provided to the City, by Leasing 2, Inc., the Lessor under the Lease-Purchase Agreement the form of which is attached as Exhibit B hereto.

Principal Amount. The Lessor has informed the City that, based on the City’s financing plan and current market conditions, their good faith estimate of the aggregate principal component of the Lease Payments paid under the Lease-Purchase Agreement is $1,429,336.81 (the “Estimated Principal Amount”).

True Interest Cost. The Lessor has informed the City that their good faith estimate of the true interest cost of the financing, which means the rate necessary to discount the amounts payable on the respective lease payment dates to the principal components of said Lease Payments, is

6.48%.

Finance Charge. The Lessor has informed the City that their good faith estimate of the finance charge for the financing, which means the sum of all fees and charges paid to third parties (or costs associated with the financing) (the “Finance Charge”), is $0.

Amount of Proceeds to be Received. The Lessor has informed the City that their good faith estimate of the amount of proceeds, where proceeds is the value of the Equipment to be delivered to the City, expected to be received by the City in connection with the financing, less the Finance Charge as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the financing, is $568,168.69.

Total Payment Amount. The Lessor has informed the City that their good faith estimate of the total payment amount, which means the sum total of all Lease Payments made pursuant to the Lease-Purchase Agreement, plus the Finance Charge as described above, not paid with the proceeds of the financing, calculated to the final term of the Lease-Purchase Agreement, is $1,997,505.50.

The foregoing estimates constitute good faith estimates only. The actual aggregate sum of principal components of the Lease Payments, the true interest cost thereof, the Finance Charges, the amount of proceeds received the financing, and the total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of financing being different than the date assumed for purposes of such estimates, (b) the actual aggregate sum of the principal components of the Lease Payments being different from the Estimated Principal Amount, (c) the actual amortization of the Lease Payments being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of financing different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors. The actual date of the financing and the actual aggregate sum of the principal components of the Lease Payments will be determined by the City based on market conditions and other factors. The actual interest rates will depend on market interest rates at the time of financing. The actual amortization of the Lease Payments will also depend, in part, on market interest rates at the time of financing. Market interest rates are affected by economic and other factors beyond the control of the City.

EXHIBIT B

FORM OF LEASE-PURCHASE AGREEMENT

*3363218%CONTRACT%09.15.2024*
*3363218%CONTRACT%09.15.2024*
CA Standard Abatement Firm Term BQ Escrow

GOVERNMENT OBLIGATION CONTRACT
Obligor Obligee
City of Hollister, California Leasing 2, Inc.
375 Fifth Street 1720 West Cass Street, Unit B
Hollister, California 95023 Tampa, Florida 33606
Dated as of September 15, 2024
This Government Obligation Contract dated as of the date listed above is between Obligee and Obligor listed directly above. Obligee desires to finance the purchase of the Equipment described in Exhibit A to Obligor and Obligor desires to have Obligee finance the purchase of the Equipment subject to the terms and conditions of this Contract which are set forth below.

I. Definitions
Section 1.01 Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
“Additional Schedule” refers to the proper execution of additional schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by the Obligee all of which relate to the financing of additional Equipment.
“Budget Year” means the Obligor's fiscal year.
“Commencement Date” is the date when Obligor's obligation to pay Contract Payments begins. “Contract” means this Government Obligation Contract and all Exhibits attached hereto, all addenda, modifications, schedules, refinancings, guarantees and all documents relied upon by Obligee prior to execution of this Contract.
“Contract Payments” means the payments Obligor is required to make under this Contract as set forth on Exhibit B. “Contract Term” means the Original Term and all Renewal Terms. “Exhibit” includes the Exhibits attached hereto, and any “Additional Schedule”, whether now existing or subsequently created. “Equipment” means all of the items of Equipment listed on Exhibit A and any Additional Schedule, whether now existing or subsequently created, and all replacements, restorations, modifications and improvements.
“Government” as used in the title hereof means a State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (“Code”), or a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. “Obligee” means the entity originally listed above as Obligee or any of its assignees. “Obligor” means the entity listed above as Obligor and which is financing the Equipment through Obligee under the provisions of this Contract. “Original Term” means the period from the Commencement Date until the end of the Budget Year of Obligor. “Renewal Term” means the annual term which begins at the end of the Original Term and which is simultaneous with Obligor's Budget Year and each succeeding Budget Year for the number of Budget Years necessary to comprise the Contract Term. “State” means the state which Obligor is located.

II. Obligor Warranties
Section 2.01 Obligor represents, warrants and covenants as follows for the benefit of Obligee or its assignees:
(a) Obligor is an “issuer of tax exempt obligations” because Obligor is the State or a political subdivision of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the “Code”) or because Obligor is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b), or a qualified volunteer fire company within the meaning of section 150(e)(1) of the Code. (b) Obligor has complied with any requirement for a referendum and/or competitive bidding. (c) Obligor has complied with all statutory laws and regulations that may be applicable to the execution of this Contract; Obligor, and its officer executing this Contract, are authorized under the Constitution and laws of the State to enter into this Contract and have used and followed all proper procedures of its governing body in executing and delivering this Contract. The officer of Obligor executing this Contract has the authority to execute and deliver this Contract. This Contract constitutes a legal, valid, binding and enforceable obligation of the Obligor in accordance with its terms.
(d) Obligor shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the interest portion of the Contract Payments as a result of the failure of the Obligor to use the Equipment for governmental purposes, or should the Obligor cease to be an issuer of tax exempt obligations, or should the obligation of Obligor created under this Contract cease to be a tax exempt obligation for any reason, then Obligor shall be required to pay additional sums to the Obligee or its assignees so as to bring the after tax yield on this Contract to the same level as the Obligee or its assignees would attain if the transaction continued to be tax-exempt. (f) In the event that the Internal Revenue Code of 1986, as currently amended (the “Code”), should be further amended or replaced: (i) to reduce corporate and/or individual income tax rates or (ii) to reduce or eliminate the extent to which the interest portion of the Contract Payments is excludable from gross income, then, at the written request of Obligee or its assigns, Obligor shall pay to Obligee or its assigns with each Contract Payment payable after the effective date of such amendment or replacement such additional amount as necessary to bring the after tax yield on each such Contract Payment to the same effective rate that Obligee or its assigns would have received had there occurred no such amendment to or replacement of the Code. Notwithstanding any other provision of this Agreement, Obligor shall have the right to exercise its option to purchase the Equipment pursuant to Section 3.04 hereof on the effective date of any such amendment or replacement. (g) Obligor will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (h) Upon request by Obligee, Obligor will provide Obligee with current financial statements, reports, budgets or other relevant fiscal information. (i) Obligor shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented.
(j) Obligor hereby warrants the General Fund of the Obligor is the primary source of funds or a backup source of funds from which the Contract Payments will be made. (k) Obligor presently intends to continue this Contract for the Original Term and all Renewal Terms as set forth on Exhibit B hereto. The official of Obligor responsible for budget preparation will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Contract Payments coming due therein. Obligor reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose.
(l) Obligor has selected both the Equipment and the vendor(s) from whom the Equipment is to be purchased upon its own judgment and without reliance on any manufacturer, merchant, vendor or distributor, or agent thereof, of such equipment to the public. (m) Obligor owns the Equipment and any additional collateral free and clear of any liens, and Obligor has not and will not, during the Contract Term, create, permit, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment or any additional collateral except those created by this Contract. (n) Obligor warrants, as applicable, the purchase of any telecommunications and video surveillance services or equipment financed hereunder complies with 2 CFR § 200.216 and 2 CFR § 200.471.
(o) Obligor warrants that it understands and has complied with 2 CFR § 200.322 in relation to domestic preferences for procurements, as applicable. (p) Obligor finds and determines that the amount of the Contract Payments set forth in Exhibit B are equal to the fair rental value of the related Equipment during the respective Budget Year of Obligor in which such Contract Payments are made. (q) The Equipment will have a useful life that is substantially in excess of the Contract Term.

Section 2.02 Escrow Agreement. In the event both Obligee and Obligor mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Contract, Obligee and Obligor agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Contract shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Obligee shall deposit or cause to be deposited with the Escrow Agent for credit to the Equipment Acquisition Fund the sum of $1,429,336.81, which shall be held, invested and disbursed in accordance with the Escrow Agreement.

III. Acquisition of Equipment, Contract Payments and the Purchase Option Price Section 3.01 Acquisition and Acceptance. Obligor shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Execution of the Certificate of Acceptance or, alternatively, Payment Request and Equipment Acceptance Form, by a duly authorized representative of Obligor, shall constitute acceptance of the Equipment on behalf of the Obligor.

Section 3.02 Contract Payments. Obligor shall pay Contract Payments exclusively to Obligee or its assignees in lawful, legally available money of the United States of America. The Contract Payments shall be sent to the location specified by the Obligee or its assignees. The Contract Payments, payable without notice or demand, are due as set forth on Exhibit B. Obligee shall have the option to charge interest at the highest lawful rate on any Contract Payment received later than the due date for the number of days that the Contract Payment(s) were late, plus any additional accrual on the outstanding balance for the number of days that the Contract Payment(s) were late. Obligee shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Contract Payment that is past due. Furthermore, Obligor agrees to pay any fees associated with the use of a payment system other than check, wire transfer, or ACH. Once all amounts due Obligee hereunder have been received, Obligee will release any and all of its rights, title and interest in the Equipment.

Section 3.03 Abatement. During any period in which, by reason of material damage or destruction or taking under the power of eminent domain (or sale to any entity threatening the use of such power) or material title defect with respect to the Equipment, there is substantial interference with the use and possession by Obligor of the Equipment, the Contract Payments due under the Contract with respect to the Equipment shall be abated proportionately in whole or in part. Obligor shall immediately notify Obligee upon the occurrence of any event causing substantial interference with Obligor's use and possession of the Equipment and such notice shall be provided prior to the abatement of any Contract Payments. The amount of abatement shall be such that the remaining rental obligation represents fair consideration for Obligor’s use and possession of the Equipment, or portions thereof, not substantially interfered with, and end on the earlier of the date on which the use and possession of the Equipment is restored to Obligor or the date on which Obligor uses the Net Proceeds of insurance or a condemnation awards to pay the Contract Payments or the applicable Purchase Option Price. In the event of any such interference, this Contract and the related abatement agreement shall continue in full force and effect. To the extent allowed by law, Obligor waives the benefits of Civil Code Section 1932 and any and all other rights to terminate this Contract and the related Abatement agreement by virtue of any interference with the use and possession of any Equipment, although such waiver shall not constitute a waiver of abatement of Contract Payments, as set forth in this section.

Section 3.04 Contract Payments Unconditional. Except as provided in Section 3.03, the obligation of Obligor to make Contract Payments or any other payments required hereunder shall be absolute and unconditional in all events. NOTWITHSTANDING ANY DISPUTE BETWEEN OBLIGOR AND OBLIGEE OR BETWEEN OBLIGOR AND VENDOR OR ANY OTHER PERSON, OBLIGOR SHALL

MAKE ALL CONTRACT PAYMENTS AND OTHER PAYMENTS REQUIRED HEREUNDER WHEN DUE AND SHALL NOT WITHHOLD ANY CONTRACT PAYMENT OR OTHER PAYMENT PENDING FINAL

RESOLUTION OF SUCH DISPUTE NOR SHALL OBLIGOR ASSERT ANY RIGHT OF SET-OFF OR COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE CONTRACT PAYMENTS OR OTHER PAYMENTS REQUIRED HEREUNDER. Obligor's obligation to make Contract Payments or other payments shall not be abated on account of failure of the Equipment to perform as desired or obsolescence of the Equipment and shall not be abated through accident or unforeseen circumstances except as provided in Section 3.03.

Section 3.05 Purchase Option Price. Upon thirty (30) days written notice, Obligor shall have the option to pay, in addition to the Contract Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Obligor on the Contract Payment date and no partial prepayments are allowed. If Obligor chooses this option and pays the Purchase Option Price to Obligee then Obligee will transfer any and all of its rights, title and interest in the Equipment to Obligor.

Section 3.06 Contract Term. The Contract Term shall be the Original Term and all Renewal Terms until all the Contract Payments are paid as set forth on Exhibit B except as provided under Section 9.01 below.

Section 3.07 Disclaimer of Warranties. OBLIGEE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. OBLIGEE IS NOT A MANUFACTURER, SELLER, VENDOR OR DISTRIBUTOR, OR AGENT THEREOF, OF SUCH EQUIPMENT; NOR IS OBLIGEE A MERCHANT OR IN THE BUSINESS OF DISTRIBUTING SUCH EQUIPMENT TO THE PUBLIC. OBLIGEE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY OBLIGOR.

IV. Appropriation of Money
Section 4.01 Appropriation. The person or entity in charge of preparing Obligor's budget will include in the budget request for each Budget Year the Contract Payments to become due in such Budget Year with respect to the Contract, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay all such Contract Payments coming due therein. The covenants on the part of Obligor contained in this Contract, including the covenant to budget and appropriate amounts necessary to make Contract Payments, shall be deemed to be duties imposed by law, and it shall be the duty of each and every public official of Obligor to take such action and do such things as required by law in the performance of the official duty of such officials to enable Obligor to carry out and perform the covenants and contracts in this Contract. This Contract and each abatement agreement represent a firm contract and not a non-appropriation contract.

V. Insurance, Damage, Insufficiency of Proceeds
Section 5.01 Insurance. Obligor shall maintain both casualty insurance, liability insurance and rental interruption and loss of use and occupancy insurance at its own expense with respect to the Equipment. Obligor shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Obligor is required to make Contract Payments. Obligor shall provide Obligee with a Certificate of Insurance which lists the Obligee and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment.
(a) Obligor shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Obligee in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Obligor may insure the Equipment under a blanket insurance policy or policies.
(b) The liability insurance shall insure Obligee from liability and property damage in any form and amount satisfactory to Obligee. (c) Obligor shall maintain or cause to be maintained at its expense throughout the Contract, rental interruption insurance against loss of use of the Equipment or portions thereof with coverage equal to the maximum total Contract Payments payable under the Contract by Obligor for any consecutive 24-month period. The policy shall insure against abatement of Contract Payments payable by Obligor resulting from Obligor's loss of use of the Equipment or any substantial portion thereof and caused by any and all perils, either insured or uninsured, including acts of God. The Net Proceeds of such insurance shall be payable to Obligee in amounts proportionate to Obligor's loss of use of the Equipment and the corresponding rental abatement, if any, and shall supplement Contract Payments made by Obligor, if any, during the period in which Obligor's use and occupancy of the Equipment is being restored in sufficient amounts to make Obligee whole.
(d) Obligor may self-insure against the casualty risks and liability risks described above. If Obligor chooses this option, Obligor must furnish Obligee with a certificate and/or other documents which evidences such coverage.
(e) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Obligee and its assignees are named additional insureds and loss payees and that all losses are payable to Obligor and Obligee or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Obligee or its assignees. Obligor shall furnish to Obligee certificates evidencing such coverage throughout the Contract Term.

Section 5.02 Damage to or Destruction of Equipment. Obligor assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Obligor will immediately report all such losses to all possible insurers and take the proper procedures to obtain all insurance proceeds. At the option of Obligee, Obligor shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof.

Section 5.03 Insufficiency of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Obligor shall, at the option of Obligee, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Obligee.

Section 5.04 Obligor Negligence. Obligor assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Obligor or of third parties, and whether such property damage be to Obligor’s property or the property of others (including, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any State or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Obligor), which is proximately caused by the negligent conduct of Obligor, its officers, employees and agents.

Section 5.05 Reimbursement. Obligor hereby assumes responsibility for and agrees to reimburse Obligee for all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys’ fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Obligee that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Obligor, its officers, employees and agents, or arose out of installation, operation, possession, storage or use of any item of the Equipment, to the maximum extent permitted by law.

VI. Title and Security Interest
Section 6.01 Title. Title to the Equipment shall vest in Obligor when Obligor acquires and accepts the Equipment. Title to the Equipment will automatically transfer to the Obligee in the event Obligor defaults under Section 9.01. In such event, Obligor shall execute and deliver to Obligee such documents as Obligee may request to evidence the passage of legal title to the Equipment to Obligee.

Section 6.02 Security Interest. To secure the payment of all Obligor’s obligations under this Contract, as well as all other obligations, debts and liabilities, plus interest thereon, whether now existing or subsequently created, Obligor hereby grants to Obligee a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit A. Furthermore, Obligor agrees that any other collateral securing any other obligation(s) to Obligee, whether offered prior to or subsequent hereto, also secures this obligation. The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Obligor authorizes Obligee to prepare and record any Financing Statement required under the Uniform Commercial Code to perfect the security interest created hereunder. Obligor agrees that any Equipment listed on Exhibit A is and will remain personal property and will not be considered a fixture even if attached to real property.

VII. Assignment
Section 7.01 Assignment by Obligee. All of Obligee's rights, title and/or interest in and to this Contract may be assigned and reassigned in whole or in part to one or more assignees or sub- assignees by Obligee at any time without the consent of Obligor. No such assignment shall be effective as against Obligor until the assignor shall have filed with Obligor written notice of assignment identifying the assignee. Obligor shall pay all Contract Payments due hereunder relating to such Equipment to or at the direction of Obligee or the assignee named in the notice of assignment. Obligor shall keep a complete and accurate record of all such assignments.

Section 7.02 Assignment by Obligor. None of Obligor's right, title and interest under this Contract and in the Equipment may be assigned by Obligor unless Obligee approves of such assignment in writing before such assignment occurs and only after Obligor first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation.

VIII. Maintenance of Equipment
Section 8.01 Equipment. Obligor shall keep the Equipment in good repair and working order, and as required by manufacturer’s and warranty specifications. If Equipment consists of copiers, Obligor is required to enter into a copier maintenance/service agreement. Obligee shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Obligor will be liable for all damage to the Equipment, other than normal wear and tear, caused by Obligor, its employees or its agents. Obligor shall pay for and obtain all permits, licenses and taxes related to the ownership, installation, operation, possession, storage or use of the Equipment. If any fees are required to be paid by the California Debt & Investment Advisory Commission then such fees shall be paid directly from the Obligor to the California Debt & Investment Advisory Commission. If the Equipment includes any titled vehicle(s), then Obligor is responsible for obtaining such title(s) from the State and also for ensuring that Obligee is listed as First Lienholder on all of the title(s). Obligor shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Obligor agrees that Obligee or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Obligor which Obligee deems necessary or appropriate to protect Obligee’s interest in the Equipment and in this Contract. Obligor shall allow Obligee to examine and inspect the Equipment at all reasonable times.

IX. Default
Section 9.01 Events of Default defined. The following events shall constitute an “Event of Default” under this Contract:
(a) Failure by Obligor to pay any Contract Payment listed on Exhibit B for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit B, other than by reason of abatement as provided under Section 3.03.
(b) Failure by Obligor to maintain any of the insurances as required under section 5.01. (c) Failure to pay any other payment required to be paid under this Contract at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Obligee that such payment must be made. If Obligor continues to fail to pay any payment after such period, then Obligee may, but will not be obligated to, make such payments and charge Obligor for all costs incurred plus interest at the highest lawful rate. (d) Failure by Obligor to observe and perform any warranty, covenant, condition, promise or duty under this Contract for a period of thirty (30) days after written notice specifying such failure is given to Obligor by Obligee, unless Obligee agrees in writing to an extension of time. Obligee will not unreasonably withhold its consent to an extension of time if corrective action is instituted by Obligor. Subsection (c) does not apply to Contract Payments and other payments discussed above. (e) Any statement, material omission, representation or warranty made by Obligor in or pursuant to this Contract which proves to be false, incorrect or misleading on the date when made regardless of Obligor's intent and which materially adversely affects the rights or security of Obligee under this Contract. (f) Any provision of this Contract which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Obligee. (g) Obligor admits in writing its inability to pay its obligations. (h) Obligor defaults on one or more of its other obligations. (i) Obligor becomes insolvent, is unable to pay its debts as they become due, makes an assignment for the benefit of creditors, applies for or consents to the appointment of a receiver, trustee, conservator, custodian, or liquidator of Obligor, or all or substantially all of its assets, or a petition for relief is filed by Obligor under federal bankruptcy, insolvency or similar laws, or is filed against Obligor and is not dismissed within thirty (30) days thereafter.

Section 9.02 Remedies on Default. Whenever any Event of Default exists, Obligee shall have the right to take one or any combination of the following remedial steps:
(a) Obligee, with or without terminating this Contract, may collect each installment of Contract Payments as it becomes due and payable with respect to the Equipment in accordance with Exhibit B to the end of the Contract Term.
(b) Obligee, with or without terminating this Contract, may repossess any or all of the Equipment by giving Obligor written notice to deliver the Equipment to the location designated by Obligee. In the event Obligor fails to do so within ten (10) days after receipt of such notice, Obligee may enter upon Obligor's premises where the Equipment is kept and take possession of the Equipment and charge Obligor for costs incurred in repossessing the Equipment, including reasonable attorneys' fees. Obligor hereby expressly waives any damages occasioned by such repossession. If the Equipment or any portion of it has been destroyed or damaged beyond repair, Obligor shall pay the applicable Purchase Option Price of the damaged or destroyed Equipment as set forth in the Contract Payment Schedule. Notwithstanding the fact that Obligee has taken possession of the Equipment, Obligor shall continue to be responsible for the Contract Payments with respect thereto as and when such Contract Payments become or would have become due and payable. (c) If Obligee, in its discretion, takes possession and disposes of the Equipment or any portion thereof, Obligee shall apply the proceeds of any such disposition to pay the following items in the following order: (i) all costs (including, but not limited to, attorneys' fees) incurred in securing possession of the Equipment; (ii) all expenses incurred in completing the disposition; (iii) any sales or transfer taxes; and (iv) the balance of any Contract Payments with respect thereto as and when such Contract Payment would become due and payable. Any disposition proceeds remaining after the requirements of clauses (i), (ii), (iii), (iv) have been met shall be paid to Obligor. (d) By action pursuant to the California Code of Civil Procedure, or as otherwise provided by law, obtain the issuance of a writ of mandamus enforcing, for the entire balance due, or as it becomes due, under Exhibit B of the Contract, the duty of Obligor to appropriate and take all other administrative steps necessary for the making of all Contract Payments. (e) Obligee may take any other remedy available at law or in equity with respect to an Event of Default, including (without limitation) those requiring Obligor to perform any of its obligations under this Contract or to pay any moneys due and payable to Obligee, provided Obligee shall have no right to accelerate Contract Payments or otherwise declare any Contract Payments not then in default to be immediately due and payable.

Section 9.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Obligee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Contract now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof.

Section 9.04 Return of Equipment and Storage.
(a) Surrender: The Obligor shall, at its own expense, surrender the Equipment, any additional collateral and all required documentation to evidence transfer of title from Obligor to the Obligee in the event of a default by delivering the Equipment and any additional collateral to the Obligee to a location accessible by common carrier and designated by Obligee. In the case that any of the Equipment and any additional collateral consists of software, Obligor shall destroy all intangible items constituting such software and shall deliver to Obligee all tangible items constituting such software. At Obligee’s request, Obligor shall also certify in a form acceptable to Obligee that Obligor has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Obligee and/or the vendor of the software to inspect Obligor’s locations to verify compliance with the terms hereto.
(b) Delivery: The Equipment and any additional collateral shall be delivered to the location designated by the Obligee by a common carrier unless the Obligee agrees in writing that a common carrier is not needed. When the Equipment and any additional collateral is delivered into the custody of a common carrier, the Obligor shall arrange for the shipping of the item and its insurance in transit in accordance with the Obligee’s instructions and at the Obligor’s sole expense. Obligor at its expense shall completely sever and disconnect the Equipment and any additional collateral or its component parts from the Obligor’s property all without liability to the Obligee. Obligor shall pack or crate the Equipment and any additional collateral and all of the component parts of the Equipment and any additional collateral carefully and in accordance with any recommendations of the manufacturer. The Obligor shall deliver to the Obligee the plans, specifications, operation manuals or other warranties and documents furnished by the manufacturer or vendor on the Equipment and any additional collateral and such other documents in the Obligor’s possession relating to the maintenance and methods of operation of such Equipment and any additional collateral.

(c) Condition: When the Equipment is surrendered to the Obligee it shall be in the condition and repair required to be maintained under this Contract. It will also meet all legal regulatory conditions necessary for the Obligee to sell or lease it to a third party and be free of all liens. If Obligee reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Obligee may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Obligor shall promptly reimburse Obligee for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Obligee, the Obligor shall provide free storage for the Equipment and any additional collateral for a period not to exceed 60 days after the expiration of the Contract Term before returning it to the Obligee. The Obligor shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Obligee shall reimburse the Obligor on demand for the incremental premium cost of providing such insurance.

X. Miscellaneous
Section 10.01 Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing.

Section 10.02 Binding Effect. Obligor acknowledges this Contract is not binding upon the Obligee or its assignees unless the Conditions to Funding listed on the Documentation Instructions have been met to Obligee's satisfaction, and Obligee has executed the Contract. Thereafter, this Contract shall inure to the benefit of and shall be binding upon Obligee and Obligor and their respective successors and assigns.

Section 10.03 Severability. In the event any provision of this Contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 10.04 Amendments, Addenda, Changes or Modifications. This Contract may be amended, added to, changed or modified by written agreement duly executed by Obligee and Obligor.

Furthermore, Obligee reserves the right to directly charge or amortize into the remaining balance due from Obligor, a reasonable fee, to be determined at that time, as compensation to Obligee for the additional administrative expense resulting from such amendment, addenda, change or modification requested by Obligor.

Section 10.05 Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Section 10.06 Captions. The captions or headings in this Contract do not define, limit or describe the scope or intent of any provisions or sections of this Contract.

Section 10.07 Master Contract. This Contract can be utilized as a Master Contract. This means that the Obligee and the Obligor may agree to the financing of additional Equipment under this Contract at some point in the future by executing one or more Additional Schedules to Exhibit A and Exhibit B, as well as other exhibits or documents that may be required by Obligee. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Contract shall govern each Additional Schedule.

Section 10.08 Entire Writing. This Contract constitutes the entire writing between Obligee and Obligor. No waiver, consent, modification or change of terms of this Contract shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Contract, the Equipment or any additional collateral, financed hereunder. Any terms and conditions of any purchase order or other documents submitted by Obligor in connection with this Contract which are in addition to or inconsistent with the terms and conditions of this Contract will not be binding on Obligee and will not apply to this Contract.

Obligee and Obligor have caused this Contract to be executed in their names by their duly authorized representatives listed below.

City of Hollister, California Leasing 2, Inc.

Signature Signature

Printed Name and Title Printed Name and Title

Schedule (01)

EXHIBIT A

DESCRIPTION OF EQUIPMENT
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable:

One (1) Rosenbauer Fire Truck

Physical Address of Equipment after Delivery : 110 5th St., Hollister, CA 95023

Schedule (01)

EXHIBIT B

PAYMENT SCHEDULE
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) Date of First Payment: January 15, 2026
Original Balance: $1,429,336.81
Total Number of Payments: Ten (10)
Number of Payments Per Year:

Actual Rate:

One (1)

6.476%

Pmt
No.

Due
Date
Contract
Payment
Applied to
Interest
Applied to
Principal
*Purchase
Option Price
1 15-Jan-26 $202,959.96 $125,958.53 $77,001.43 $1,404,209.42 2 15-Jan-27 $202,959.96 $87,573.39 $115,386.57 $1,280,025.61 3 15-Jan-28 $202,959.96 $80,101.28 $122,858.68 $1,148,875.09 4 15-Jan-29 $202,959.96 $72,145.30 $130,814.66 $1,010,367.02 5 15-Jan-30 $202,959.96 $63,674.12 $139,285.84 $864,088.65 6 15-Jan-31 $202,959.96 $54,654.36 $148,305.60 $709,604.06 7 15-Jan-32 $202,959.96 $45,050.52 $157,909.44 $546,452.89 8 15-Jan-33 $202,959.96 $34,824.75 $168,135.21 $374,148.94 9 15-Jan-34 $202,959.96 $23,936.79 $179,023.17 $192,178.74 10 15-Jan-35 $202,959.96 $12,343.75 $190,616.21 $0.00

City of Hollister, California

Signature

Printed Name and Title

*Assumes all Contract Payments due to date are paid

Schedule (01)

EXHIBIT C

OBLIGOR RESOLUTION
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) At a duly called meeting of the Governing Body of the Obligor (as defined in the Contract) held on ____________________________ the following resolution was introduced and adopted:

BE IT RESOLVED by the Governing Body of Obligor as follows:

1. Determination of Need. The Governing Body of Obligor has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Government Obligation Contract dated as of September 15, 2024, between City of Hollister, California (Obligor) and Leasing 2, Inc. (Obligee).

2. Approval and Authorization. The Governing Body of Obligor has determined that the Contract, substantially in the form presented to this meeting, is in the best interests of the Obligor for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Contract by the Obligor and hereby designates and authorizes the following person(s) to execute and deliver the Contract on Obligor’s behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Contract.

Authorized Individual(s):
(Typed or Printed Name and Title of individual(s) authorized to execute the Contract)

3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Obligor evidence the adoption by the Governing Body of this Resolution.

Signature:
(Signature of Board Chairman or other authorized member of the Obligors Governing Body) Printed Name & Title:
(Printed Name and Title of individual who signed directly above)

Attested By:
(Signature of Obligors Board Secretary or Board Clerk)
Printed Name & Title:
(Printed Name of individual who signed directly above)

Schedule (01)

EXHIBIT D
OFFICER’S CERTIFICATE
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the governing body of Obligor to sign this Officer’s Certificate with respect to the above referenced Contract. I hereby certify that:

1. Obligor has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Contract Payments required to be paid under the Contract during the current Budget Year of Obligor, and such moneys will be applied in payment of all Contract Payments due and payable during such current Budget Year.

2. Obligor has obtained insurance coverage as required under the Contract from an insurer qualified to do business in the State.

3. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof.

4. The governing body of Obligor has approved the authorization, execution and delivery of this Contract on its behalf by the authorized representative of Obligor who signed the Contract.

5. Please list the Source of Funds (Fund Item in Budget) for the Contract Payments that come due under Exhibit B of this Contract.

Source of Funds : General Fund
By signing below, Obligor hereby authorizes the General Fund of the Obligor as a backup source of funds from which the Contract Payments can be made.

City of Hollister, California

Signature

Printed Name and Title

Schedule (01)

EXHIBIT E

ARBITRAGE AND TAX CERTIFICATE
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) I, the undersigned, hereby certify that I am a duly qualified representative of Obligor and that I have been given the authority by the Governing Body of Obligor to sign the above referenced Contract and this Arbitrage and Tax Certificate with respect thereto. This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and Treasury Regulations, Sections 1.103-13, 1.103-14 and 1.103-15 (the “Regulations”). The following facts, estimates and circumstances are in existence on the date of this Certificate or are reasonably expected to occur hereafter.

1. The Contract provides for the financing of certain Equipment (the “Equipment”) described on Exhibit A thereto from Obligee to Obligor. Pursuant to the Contract, Obligor is required to make Contract Payments with respect to the Equipment, comprising principal and interest, on the dates and in the amounts set forth in Exhibit B to the Contract.

2. Pursuant to the Contract and for the purpose of meeting its obligations thereunder and assuring Obligor of the availability of moneys needed to pay the cost of the Equipment when due, Obligor, Obligee and KS StateBank as Escrow Agent (“Escrow Agent”) have executed an Escrow Agreement dated as of September 15, 2024, (the “Escrow Agreement”).

3. The Escrow Agreement provides that Obligee shall deposit $1,429,336.81 into escrow, to be credited to the Equipment Acquisition Fund created by the Escrow Agreement and held, invested and disbursed with respect to the Equipment as provided therein.

4. Obligor and vendor have entered into a contract for the acquisition and delivery of the Equipment.

5. The Equipment will be acquired and installed with due diligence and, based upon the provisions of the contract described in paragraph 4 hereof, the Equipment will be acquired and installed on or before July 14, 2026. It is expected that all gross proceeds of the Contract will be expended on the Equipment no later than this date.

6. All of the spendable proceeds of the Contract will be expended on the Equipment and related expenses within three years from the date of execution of the Contract and Escrow Agreement.

7. The original proceeds of the Contract, and the interest to be earned thereon, do not exceed the amount necessary for the purpose for which the Contract is issued.

8. The interest of Obligor in the Equipment has not been and is not expected during the term of the Contract to be sold or disposed of by Obligor.

9. No sinking fund is expected to be created by Obligor with respect to the Contract and Contract Payments.

10. The Obligor hereby covenants to take all action necessary under the Code and Regulations to ensure that the interest component of the Contract Payments does not become includable as gross income of the recipient for Federal Income Tax purposes, including, without limitation, complying with all requirements of the Code and Regulations relating to the Rebate of Arbitrage profit to the United States of America. It is not presently expected that Obligor will earn arbitrage profit on amounts deposited in the Equipment Acquisition Fund.

11. To the best of the knowledge and belief of the undersigned, the expectations of Obligor, as set forth above, are reasonable; and there are no present facts, estimates and circumstances which would change the foregoing expectations.

WITNESS My hand this ______ day of _________________________, 20 ___.

City of Hollister, California

Signature

Printed Name and Title

Schedule (01)

EXHIBIT F

BANK QUALIFIED CERTIFICATE
RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor) Whereas, Obligor hereby represents that it is a “Bank Qualified” Issuer for the calendar year in which this Contract is executed by making the following designations with respect to Section 265 of the Internal Revenue Code of 1986, as amended (the “Code”). (A “Bank Qualified Issuer” is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations other than “private activity bonds” as defined in Section 141 of the Code, excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code, during the calendar year).

Now, therefor, Obligor hereby designates this Contract as follows:

1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Code, the Obligor hereby specifically designates the Contract as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Obligor hereby represents that the Obligor will not designate more than $10,000,000 of obligations issued by the Obligor in the calendar year during which the Contract is executed and delivered as such “qualified tax-exempt obligations”.

2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Obligor hereby represents that the Obligor (including all subordinate entities of the Obligor within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Contract is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than “private activity bonds” as defined in Section 141 of the Code and excluding certain “qualified 501(c)(3) bonds” as defined in Section 145 of the Code) in an amount greater than $10,000,000.

City of Hollister, California

Signature

Printed Name and Title

OPINION OF COUNSEL

(Must be Re-typed onto attorney's letterhead)

(Date, must be on or after the meeting date listed on Exhibit C, Obligor Resolution)

Leasing 2, Inc.
1720 West Cass Street, Unit B
Tampa, Florida 33606

RE: Government Obligation Contract dated as of September 15, 2024, between Leasing 2, Inc. (Obligee) and City of Hollister, California (Obligor)

Ladies and Gentlemen:

As legal counsel to Obligor, I have examined the foregoing Contract and such other opinions, documents and matters of law as I have deemed necessary in connection with this Contract. Based on the foregoing, I am of the following opinions:

1. Obligor is a political subdivision of the State of California, or a constituted authority authorized to issue obligations on behalf of a political subdivision of the State.

2. Obligor has the requisite power and authority to purchase the Equipment and to execute and deliver the Contract and to perform its obligations under the Contract. The Contract and the other documents either attached hereto or required herein have been duly authorized, approved and executed by and on behalf of Obligor, and the Contract is a legal, valid and binding obligation of Obligor enforceable in accordance with its terms.

3. The authorization, approval and execution of the Contract and all other proceedings of Obligor relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public procurement laws and all other applicable state and federal laws and regulations.

4. There is no litigation, action, suit or proceeding pending or before any court, administrative agency, arbitrator or governmental body that challenges the authority of the Obligor or any of the Obligor’s officers or employees to enter into the Contracts.

5. The above opinion is for the sole benefit of the Obligee listed above and can only be relied upon by the Obligee or any permitted assignee or subassignee or successor of Obligee under the Contract.

Signature of Legal Counsel

NOTICE OF ASSIGNMENT

SEPTEMBER 15, 2024

Leasing 2, Inc. (Obligee/Assignor) hereby gives notice of an Assignment between Obligee/Assignor and KS StateBank (Assignee) of the Government Obligation Contract (Contract) between Obligee/Assignor and City of Hollister, California, dated as of September 15, 2024.

All Contract Payments coming due pursuant to the Contract shall be made to:

KS StateBank
P.O. Box 1608
Manhattan, Kansas 66505

Leasing 2, Inc., Obligee/Assignor

Signature

Printed Name and Title

ACKNOWLEDGEMENT OF AND CONSENT TO ASSIGNMENT

City of Hollister, California (Obligor) as party to a Government Obligation Contract dated as of September 15, 2024 between Obligor and Leasing 2, Inc. (Obligee), hereby acknowledges receipt of a Notice of Assignment dated September 15, 2024 whereby Obligee gave notice of its assignment to KS StateBank of its right to receive all Contract Payments due from Obligor under the Contract and hereby consents to that Assignment. Pursuant to the Notice of Assignment from Obligee, Obligor agrees to deliver all Contract Payments coming due under the Contract to:

KS StateBank
P.O. Box 1608
Manhattan, Kansas 66505

City of Hollister, California

Signature

Printed Name and Title