Agenda packet — Hollister City Council, February 18, 2025 (part 1 of 3)

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, February 18, 2025, 4:00 p.m.

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

Roxanne Stephens, Mayor David Mirrione, City Manager Rudy Picha, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Priscilla de Anda, Council Member, District 4

Gordon Machado, City Treasurer

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

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

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

The public may watch the meeting via live stream at:

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

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

City of Hollister YouTube Channel:

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

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

Public Participation:

The public may attend meetings.

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

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

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

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

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

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

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

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1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION REPORT

5.SPECIAL ORDERS OF THE DAY

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

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

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

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

7.1 APPROVE FEBRUARY 4, 2025 MEETING MINUTES
Approve Minutes.

7.2 WARRANT REGISTER
RECOMMENDED ACTION:

Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessment Funds attached.

7.3 ADOPT ORDINANCE APPROVING A ZONING ORDINANCE AMENDMENT TO ADOPT CHAPTER 17.28 AGRICULTURAL LANDS PRESERVATION PROGRAM RECOMMENDED ACTION:

Adopt an ordinance approving a zoning ordinance amendment to adopt Chapter

17.28 Agricultural Lands Preservation Program.

7.4 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF $3,451,890 TO

GRANITE ROCK COMPANY AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT AND OTHER RELATED DOCUMENTS FOR THE WEST GATEWAY IMPROVEMENT PROJECT, CIP C1816
RECOMMENDED ACTION:

Adopt a resolution accepting the bids and awarding a contract to Granite Rock Company for the West Gateway Improvement Project, CIP C1816.

7.5 A RESOLUTION APPROVING THE ANNEXATION OF 600 ERNIE DRIVE City of Hollister City Council Meeting

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PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 58 (PUBLIC FACILITIES SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of the 600 Ernie Drive Project into CFD No. 4.

7.6 A RESOLUTION APPROVING THE ACCEPTANCE AND RECORDATION OF AN

AVIGATION EASEMENT FOR DUKE REALTY HOLLISTER LP FOR THE ALMOND PROJECT (APN 050-010-010-0060) LOCATED AT 600 ERNIE DRIVE RECOMMENDED ACTION:

1. Adopt a resolution approving the acceptance and recordation of an Avigation Easement for Duke Realty Hollister LP for the Almond Project (APN 050-010-010- 0060) located at 600 Ernie Drive; and

2. Authorize the Mayor to execute all necessary documents required to record the Avigation Easement.

7.7 A RESOLUTION RENEWING REGULATORY PERMIT FOR EUPHORIC LIFE INC.

TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
RECOMMENDED ACTION:

Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis manufacturing facility located at 807 Industrial Drive for the 2025/2026 period.

7.8 A RESOLUTION RENEWING A REGULATORY PERMIT FOR EUPHORIC LIFE INC. TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000
RECOMMENDED ACTION:

Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis distribution facility located at 807 Industrial Drive for the 2025/2026 period.

8.PUBLIC HEARINGS

8.1 AN ORDINANCE ADDING SECTION 1.10.060 (PROCESSING CLAIMS) TO CHAPTER 1.10 (CLAIMS PURSUANT TO GOVERNMENT CODE SECTION 935) OF TITLE 1 (GENERAL PROVISIONS) OF THE HOLLISTER MUNICIPAL CODE RECOMMENDED ACTION:

Hold a public hearing and introduce an ordinance to amend Hollister Municipal Code, Chapter 1.10 - Claims Pursuant to Government Section 935 to add Section 1.10.060 – Processing of claims against the city

9.COUNCIL BUSINESS

9.1 A RESOLUTION APPROVING THE URBAN AREA WATER MASTER PLAN TERM

SHEET AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT

WITH THE URBAN AREA MEMBER AGENCIES
RECOMMENDED ACTION:

Adopt a resolution approving the Term Sheet related to the financing of the Accelerated Drought Response Project (ADRoP) and the Addition of San Juan Bautista to the Hollister Urban Area Water Supply and Treatment Agreement (Term City of Hollister City Council Meeting

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Sheet) and authorize the City Manager to negotiate a contract with the Urban Area member agencies.

9.2 A RESOLUTION AUTHORIZING CITY MANAGER TO PURCHASE SECURITY SERVICES FOR THE 2025 HOLLISTER INDEPENDENCE RALLY WITHOUT

NOTICE, ADVERTISEMENT, OR COMPETITIVE BIDDING, DIRECT CITY

MANAGER TO OBTAIN THREE QUOTES FOR SERVICE AND EXECUTE

RESULTING CONTRACT
RECOMMENDED ACTION:

Approve and authorize the City Manager to purchase security services on behalf of the City without notice, advertisement, or competitive bidding for the 2025 Hollister Independence Motorcycle Rally (“Rally”), direct the city manager to obtain three quotes for service, and execute the resulting contract.

9.3 A RESOLUTION APPROVING A LEASE WITH SAN BENITO COUNTY

POLYTECHNIC ACADEMY FOR CERTAIN SPACE IN THE BRIGGS BUILDING

AND AUTHORIZE THE CITY MANAGER TO FINALIZE AND EXECUTE THE LEASE RECOMMENDED ACTION:

Adopt a resolution approving a Lease Agreement with San Bentio County Polytechnic Academy (“Academy”) for certain space in the Briggs Building and authorize the City Manager to finalize and execute the lease.

9.4 A RESOLUTION APPROVING AN INTERFUND TRANSFER FROM THE

HOLLISTER PARK DEDICATION FUND DEVELOPMENT IMPACT FEE FUND TO

THE BRIGGS BUILDING ENTERPRISE FUND
RECOMMENDED ACTION:

Adopt a resolution approving an interfund transfer from the City of Hollister Park Dedication Fund development impact fee fund to the Briggs Building enterprise fund.

9.5 OUT OF JURISDICTION SERVICES DISCUSSION
RECOMMENDED ACTION:

Receive the presentation and provide direction to staff.

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

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

10.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Development of a lobbying ordinance and program- Councilmember Resendiz

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS
City of Hollister City Council Meeting

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11.CLOSED SESSION

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

11.2 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 (2 cases)

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of February 18, 2025 was posted on the bulletin board at City Hall on February 14, 2025 per Government Code Section 54954.2.

City of Hollister City Council Meeting

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

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

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

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

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

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

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

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

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

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

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

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

February 4, 2025, 4:00 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 4:01 p.m.

2. ROLL CALL

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

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

5. SPECIAL ORDERS OF THE DAY

5.1 UPDATE ON HIGHWAY 25 PROJECT BY COUNCIL OF SAN BENITO

COUNTY GOVERNMENTS
San Benito Council of Governments Executive Director Binu Abraham provided an update on the Highway 25 project.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Danny Barrera Jr. provided updates regarding events and programs at the Senior Center and organized by Jóvenes de Antaño.

Margarita Vejar spoke in support of the programs and events at the Senior Center.

Luis Espinal shared information regarding his small business in Hollister.

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2 Mia Casey supported the City quickly moving forward in negotiations for fire contract services with San Benito County and San Juan Bautista. Ms. Casey expressed concerns regarding the cost for the 2025 Independence Rally.

7. CONSENT ITEMS
Councilmember Morales pulled item 7.6 from the Consent Agenda.

Councilmember Picha pulled item 7.12 from the Consent Agenda.

Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

The consent agenda items are approved, except items 7.6 and 7.12.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

7.1 APPROVE JANUARY 21, 2025 REGULAR MEETING MINUTES

7.2 APPROVE JANUARY 21, 2025 SPECIAL MEETING MINUTES

7.3 CLAIM AGAINST THE CITY FILED BY CATHY VILLAREAL
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

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

7.4 CLAIM AGAINST THE CITY FILED BY JAZMINE SANCHEZ
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

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

7.5 A RESOLUTION APPROVING FISCAL YEAR 2024/2025

APPROPRIATIONS FOR COMPLETION OF THE FISCAL ACTIVITY
FOR THE RUNWAY 6 SAFETY IMPROVEMENTS AIRPORT

IMPROVEMENT PROJECT
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

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3 Adopt a resolution approving Fiscal Year 2024/2025 appropriations for completion of the fiscal activity for the Runway 6 Safety Improvements Airport Improvement Project.

7.7 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICES

AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES FOR

PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE

SERVICES
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

Adopt a resolution approving an amendment to the professional services agreement with BrightView Landscape Services for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

7.8 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE
AG REEMENT WITH SMITH & ENRIGHT LANDSCAPING INC. FOR

PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE

SERVICES
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

Adopt a resolution approving an amendment to the professional services agreement with Smith & Enright Landscaping Inc., for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

7.9 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE
AGREEMENT WITH N. RAMIREZ LANDSCAPE AND CONSTRUCTION

FOR PARKS, LANDSCAPES, AND SOUND WALL MAINTENANCE

SERVICES
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

Adopt a resolution approving an amendment to the professional services agreement with N. Ramirez Landscape and Construction, for parks, landscape, and sound wall maintenance services and authorizing the City Manager to sign the amendment.

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4 7.10 A RESOLUTION AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH DR. JEFFREY S. FANKHAUSER BETWEEN
HOLLISTER POLICE ANIMAL CARE & SERVICES AND DR. JEFFREY S. FANKHAUSER
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

Adopt a resolution authorizing the Mayor to sign an amended agreement between Hollister Police Animal Care Services and Dr. Jeffrey S.

Fankhauser, DVM for premises permit.

7.11 A RESOLUTION ACCEPTING A GRANT FROM THE SAN BENITO

COUNTY COMMUNITY AND CORRECTIONS PARTNERSHIP
(SBCCCP) IN WHICH THE SBCCCP WILL DIRECTLY UP TO $500,000

FOR THE PURCHASE OF SUN RIDGE RIMS RECORDS SOFTWARE

AND RELATED EQUIPMENT FOR THE POLICE DEPARTMENT
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda

Adopt a resolution accepting a grant from the San Benito County Community and Corrections Partnership (SBCCCP) in which the SBCCCP will directly pay up to $500,000 to Sun Ridge RIMS Records Software and pay for the equipment needed for its operations at the Police Department and authorize City Manager to sign contract with Sun Ridge Systems.

7.6 A RESOLUTION AUTHORIZING COUNCILMEMBER RESENDIZ TO
USE CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY FUNDS

FOR FINANCIAL SUPPORT OF THE LATINO COALITION OF SAN

BENITO COUNTY AND RELATED ADMINISTRATIVE COSTS
Mayor Stephens opened public comment at 4:25 p.m.

Mickie Solorio Luna, President of the Latino Coalition, supported use of Council discretionary funds to provide funding for a rapid response hotline and informational cards for the immigrant community. Ms. Luna requested the City Council adopt a resolution related to immigration.

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

Moved by: Council Member Resendiz
Seconded by: Council Member Morales

Adopt a resolution authorizing Councilmember Resendiz to use up to $1,500 of FY 24/25 City Council budgeted discretionary funds in support

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5 of the Latino Coalition of San Benito County and $450 of City administrative costs, and authorizing the city manager to execute the necessary agreements.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

7.12 A RESOLUTION AWARDING A CONTRACT IN THE AMOUNT OF
$8,441,982 TO MARINSHIP DEVELOPMENT INTEREST LLC FOR THE

INDUSTRIAL WASTEWATER TREATMENT PLANT AND BRIDGE RD

STORMWATER IMPROVEMENT PROJECT
Associate Engineer Marco Martinez provided the staff report.

Mayor Stephens opened public comment at 4:49 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 4:49 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Morales

Adopt a resolution accepting bids and awarding a contract to Marinship Development Interest LLC for the Industrial Wastewater Treatment Plant and Bridge Road Stormwater Improvements Project, (CIP 2503) and authorizing the City Manager to execute the agreement and any related documents.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

8. COUNCIL BUSINESS

8.1 A PRESENTATION REGARDING THE COMMUNITY WORKFORCE

AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE SANTA

CLARA AND SAN BENITO COUNTIES BUILDING AND

CONSTRUCTION TRADES COUNCIL
City Manager David Mirrione provided the staff report.

Mayor Stephens opened public comment at 5:08 p.m.

Paul Bruno opposed continuing the City's project labor agreement.

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6 Erica Valentine supported continuing the City's community workforce and project labor agreements.

Jose Rivera supported continuing the City's community workforce agreement.

Cole Davis supported continuing the City's community workforce agreement.

Erik Larsen supported continuing the City's community workforce agreement.

Martin Garcia supported continuing the City's community workforce agreement.

Hutton Jason supported continuing the City's community workforce agreement.

Dan Bousfield supported continuing the City's community workforce agreement.

Casey Van Huevel supported continuing the City's community workforce agreement.

Beth supported continuing the City's community workforce agreement.

Aureliano Ochoa supported continuing the City's community workforce agreement.

Gordon Saunders supported continuing the City's community workforce agreement.

Neils Ash supported continuing the City's community workforce agreement.

David Bini supported continuing the City's community workforce agreement.

Jamie Vasquez requested the City negotiate a community workforce agreement with the Carpenters Union.

Mia Casey supported continuing the City's community workforce agreement.

Scott Reese supported continuing the City's community workforce agreement.

Mayor Stephens closed public comment at 5:34 p.m.

Councilmember Resendiz recommended amending the City's purchasing ordinance to no longer require project labor agreements.

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7 Councilmember Morales expressed concern regarding potential consequences for removing the project labor agreement requirement, including wage theft, substandard work, more expensive projects, etc.

Mayor Stephens supported waiting to take any action on the community workforce agreements at this time, so the Council can learn more about the process and agreements.

By consensus, the City Council requested staff return at the May 5, 2025 meeting regarding the pros and cons of community workforce and project labor agreements and additional information on the complicated topic, specifically comparing non-union and union projects for various items, such as community benefits, women and veteran employment, employee training, compliance rates, etc. and information regarding the City's current slurry seal project and other road agreements. Additionally, staff to complete research of surrounding municipalities regarding contract threshold for a community workforce agreements and challenges they may have faced.

The Council recessed at 6:05 p.m. and reconvened at 6:16 p.m. with al l members of Council present.

8.2 SAN BENITO STREET TRAFFIC CALMING STUDY ALTERNATIVES

PRESENTATION
Assistant Engineer Dillon Albert and Derek Wu with Kimley Horn provided the staff report.

Councilmember Resendiz suggested including the San Benito Street between South Street and Hawkins Street.

Mayor Stephens opened public comment at 6:42 p.m.

Gordon Machado supported analyzing traffic on South Street.

Mayor Stephens closed public comment at 6:43 p.m.

By consensus, the City Council directed staff to return with an updated proposal to include San Benito Street between Hawkins and South Streets.

8.3 A RESOLUTION ACCEPTING THE PROPOSAL RECEIVED FROM

BAKER TILLY AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A REIMBURSEMENT AGREEMENT IN THE AMOUNT OF
$44,550 WITH THE CITY OF SAN JUAN BAUTISTA FOR THE FIRE

PROTECTION DISTRICT FEASIBILITY STUDY
Fire Chief Jonathan Goulding provided the staff report.

Mayor Stephens opened public comment at 6:48 p.m.

There were no speakers for this item.

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8 Mayor Stephens closed public comment at 6:48 p.m.

Moved by: Council Member Morales
Seconded by: Council Member Rudy Picha

Adopt a resolution accepting the proposal received from Baker Tiller and authorize the City Manager to execute a reimbursement agreement in the amount of $44,550 with the City of San Juan Bautista for the Fire Protection District Feasibility Study.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

8.4 FISCAL YEAR 2024-25 MID-YEAR BUDGET UPDATE AND DISCUSS

OVERALL BUDGET STABILZATION STRATEGIES
Administrative Services Director Casey Estorga and City Manager David Mirrione provided the staff report.

Councilmember Morales requested the City Attorney's Office expenses be separated for the third quarter report.

Mayor Stephens opened public comment at 8:27 p.m.

City Treasurer Gordon Machado stated he was impressed with the work brought forward by City staff.

Mayor Stephens closed public comment at 8:28 p.m.

By consensus, the City Council directed staff to move forward with implementation of the following budget stabilization strategies:
 Continue to seek further efficiencies in FY2024-25 and adjust current budget to address areas of concern
 Reach agreement on updated Fire Services contracts
 Consider adoption of updated rate schedules
 Reduce General Fund expenditures by 10% for FY2025-26 Annual Budget
 Reduce General Fund revenue by 2.5% for FY2025-26 Annual Budget to account for removal of one-time revenue sources programmed in current budget
 Consider sale or lease of 190 Maple building
 Adopt General Fund repayment plan to other funds in FY2025-26

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9  Implement an informal hiring freeze
 Update the Council Discretionary Fund Policy to implement a freeze on use of Council discretionary funds until a 20% reserve is reached

9. PUBLIC HEARINGS

9.1 A RESOLUTION AMENDING PORTIONS OF THE CITY’S FISCAL YEAR 2024-25 MASTER USER FEE SCHEDULE
Administrative Services Director Casey Estorga provided the staff report.

Mayor Stephens opened the public hearing at 8:40 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 8:40 p.m.

Moved by: Council Member Morales
Seconded by: Council Member Resendiz

Adopt a resolution making changes to some user fees in the Fiscal Year 2024-25 Master User Fee Schedule.

Ayes (5): Mayor Stephens, Council Member Rudy Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

10. INFORMATIONAL REPORTS

10.1 COMMITTEE ASSIGNMENTS
Mayor Stephens provided an update on the Fire Services Contract ad hoc committee.

10.2 COUNCIL REPORTS
Councilmember Picha reported he attended the League of California Cities New Mayor and Council Academy.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Immigration - Councilmember Morales

2. Designate Hollister's Downtown as an Entertainment District - Councilmember Resendiz

3. Presentation by Jovenes de Antaño - Councilmember de Anda By consensus, the City Council directed staff to return with future agenda items on the three requested topics..

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10 10.3 CITY MANAGER REPORT
City Manager David Mirrione thanked City staff for their work on the user fee study.

1. UPDATED CITY COUNCIL PROJECTS

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

Mayor Stephens opened public comment at 8:47 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 8:47 p.m.

Mayor Stephens adjourned the meeting into closed session at 8:47 p.m.

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

11.2 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)

12. ADJOURNMENT
Mayor Stephens adjourned the meeting at 9:53 p.m.

Jennifer Woodworth, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Will auto populate once assigned

AGENDA ITEM: WARRANT REGISTER

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: 24/25

ATTACHMENTS:

1. Expense Approval Register PYR 12-31-24

2. Expense Approval Register AP 1-10-25

3. Expense Approval Register PYR 1-15-25

4. Expense Approval Register DP 1-15-25

5. Expense Approval Register AP 1-16-25

6. Expense Approval Register AP 1-16-25 (2)

7. Expense Approval Register DP 1-23-25

8. Expense Approval Register PYT 1-29-25

9. Expense Approval Register AP 1-30-25

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: February 18, 2025
REPORT # Community Development-2025-09

AGENDA ITEM: ADOPT ORDINANCE APPROVING A ZONING ORDINANCE AMENDMENT TO ADOPT CHAPTER 17.28 AGRICULTURAL LANDS

PRESERVATION PROGRAM

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

RECOMMENDED ACTION: Adopt an ordinance approving a zoning ordinance amendment to adopt Chapter 17.28 Agricultural Lands Preservation Program.

DISCUSSION: On December 3, 2024 the City Council introduced an Ordinance to approve a zoning ordinance amendment to adopt Chapter 17.28 Agricultural Lands Preservation Program. On January 21, 2025 the City Council considered the adoption of the ordinance following a second reading. At the January 21, 2025 meeting, the City Council determined to amend the ordinance to change the ratio of conserved farmland from 1 acre conserved to 1 acre converted through development (1:1 ratio) to a 2.5:1 acre ratio of conservation to conversion. This item incorporates the requested change.

A second reading and adoption of the ordinance is required.

FISCAL IMPACT: None.

PREVIOUS COUNCIL OR COMMISSION ACTION:

December 3, 2024 – Introduction of Ordinance with the following vote: Ayes: 4 (Council Members Perez, Morales, Burns, and Mayor Casey); Nayes: 1 (Councilmember Resendiz)

January 21, 2025 – Second reading of the ordinance. Direction was given to amend the ordinance from a 1:1 ratio to a 2.5:1 ratio.

CEQA: This ordinance is consistent with the certified Environmental Impact Report titled “Hollister 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program” (SCH #2024040277) adopted by the City of Hollister City Council on December 3, 2024, by Resolution 2024-200. The amendments to the Agricultural Lands Preservation Program will not result in additional environmental impacts than were previously analyzed.

ATTACHMENTS:

1. Ordinance approving a zoning ordinance amendment to adopt Chapter 17.28

2. Chapter 17.28 with track changes

3. Notice of Determination

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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING A
ZONING ORDINANCE AMENDMENT TO ADOPT CHAPTER 17.28

AGRICULTURAL LANDS PRESERVATION PROGRAM

WHEREAS, in 2020 the City Council of the City of Hollister initiated the preparation of a comprehensive update of the City’s General Plan pursuant to California Government Code Section 65300 et. seq.; and

WHEREAS, through the course of project development the City has also prepared a Climate Action Plan and an Agricultural Lands Preservation P rogram; and

WHEREAS, the City of Hollister, in accordance with the requirements of the California Environmental Quality Act (CEQA) and the State CEQA guidelines, has caused to be prepared an Environmental Impact Report (EIR) which analyzes the impacts of the proposed project (SCH #2021040277); and

WHEREAS, full public involvement in the preparation of the Draft Agricultural Lands Preservation Program has been ensured through public workshops, General Plan Advisory Committee meetings, online activities, Planning Commission study sessions, and City Council Study Sessions throughout the drafting process; and

WHEREAS, the City has maintained a website, Hollister2040.org, dedicated to the General Plan Update process, including the preparation of the Environmen tal Impact Report, Climate Action Plan, and Agricultural Lands Preservation Program throughout the course of the project, where information on any upcoming activities or meetings, as well as all information from past public meetings and workshops related t o the project could be reviewed; and

WHEREAS, the Draft Agricultural Lands Preservation Program (Chapter 17.28) has been published for public review and referred to other public agencies for review and comment as required by State law; and

WHEREAS, on October 24, 2024, the City of Hollister Planning Commission held a duly noticed public hearing to consider the General Plan, Climate Action Plan, Agricultural Lands Preservation Program, and Final EIR, and adopted Resolution 2024 -12 recommending to the City Council the adoption of the General Plan, Climate Action Plan, and Agricultural Lands Preservation Program and the certification of the Final EIR; and

WHEREAS, the City Council of the City of Hollister held a duly noticed public hearing on December 3, 2024 to consider the Final EIR for the 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program; and

WHEREAS, following the public hearing the City Council of the City of Hollister determined that the Final Environmental Impact Rep ort provides a complete and adequate assessment of the potential impacts of implementing the 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program, and adopted a

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resolution certifying the Final EIR for the 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program on December 3, 2024; and

WHEREAS, the City Council has adopted a Statement of Overriding Considerations which states the City’s reasons for accepting various significant and unavoidable environmental impacts resulting from implementing the 2040 General Plan, Climate Action Plan, and Agricultural Lands Preservation Program; and

WHEREAS, the City Council finds that the amendment to the Agricultural Lands Preservation Program to require the conservation of 2.5 acres of farmland for each 1 acre of farmland converted through development has no potential for additional impacts beyond those analyzed in the certified Environmental Impact Report, and that the adoption of the ordinance is consistent with the certified Environmental Impact Report (SCH #2021040277); and

WHEREAS, the City Council by this reference incorporates all relevant mitigation measures for projects subject to this ordinance as outlined in the certified EIR, and determines that this ordinance is consistent with the findings made in Resolution 2024 - 200 certifying the Environmental Impact Report for the Hollister 2040 General Pla n, Climate Action Plan, and Agricultural Lands Preservation Program; and

WHEREAS, the City Council of the City of Hollister held a duly noticed public hearing also on February 18, 2025 to receive all public testimony and to consider the adoption of Chapter 17.28, Agricultural Lands Preservation Program ; and

WHEREAS, following the public hearing the City Council deliberated and determined to adopt Chapter 17.28, Agricultural Lands Preservation Program as recommended by the Planning Commission.

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

SECTION 1. Title 17 is amended to add Chapter 17.28, Agricultural Lands Preservation Program, to read as follows:

CHAPTER 17.28 – AGRICULTURAL LANDS PRESERVATION PROGRAM

17.28.010 – Chapter Title.

The ordinance codified in this chapter shall be known and may be cited as the "Agricultural Lands Preservation Program" of the City of Hollister.

17.28.020 – Purpose.

Due to favorable soil and topographical and climatic conditions, the City of Hollister contains large areas of local, State and Federal classified agricultural lands. These lands are environmental and economic assets that contribute to local quality of lif e.

The purpose of this Agricultural Lands Preservation Program is to ensure the benefits of

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agricultural activities are maintained by requiring that activities that convert existing agricultural lands to urban uses directly address that loss through a pro gram that funds agricultural conservation easements.

17.28.030 – Definitions.

A. Agricultural Conservation Easement. An Agricultural Conservation Easement is a legally binding deed limitation which has been executed voluntarily by the owner of the land subject to the easement, the purpose of which is to retain the land in its agricultural condition. The terms of the easement remain binding even when the land is sold or passed to heirs.

B. Agricultural Lands. Agricultural Lands subject to this Program are defined as:

1. All lands defined as Prime Agricultural Land per California Government Code 51201. These include the following:
a. All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications. b. Land which qualifies for rating 80 through 100 in the Storie Index Rating.
c. Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by t he United States Department of Agriculture.
d. Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre. e. Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.

2. All lands currently used for an Agricultural Use per California Government Code 51201. This means use of the land, including for greenhouses, for the purpose of producing an agricultural commodit y for commercial purposes.

3. All lands classified as Prime Farmland, Farmland of Statewide Importance, Unique Farmland or Farmland of Local Importance by the California Department of Conservation (DOC) on the most recently published map of the Farmland Mapping and Monitoring Program (FMMP). Agricultural Lands developed for non-agricultural use prior to the adoption of this Program are not included in this definition. The four (4) classifications of farmland referenced above are defined by the DOC as follows:
a. Prime Farmland. Prime Farmland has the best combination of physical and chemical features able to sustain long-term agricultural production. Prime Farmland has the soil quality, growing season, and moisture needed to produce sustained high yields. In order to qualify as Prime Farmland, land must meet the specific soil criteria required by the United States Department of Agriculture (USDA)

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Natural Resources Service (NRCS.)
b. Farmland of Statewide Importance. Farmland of Statewide Importance is similar to Prime Farmland, but with minor shortcomings, such as steeper slopes or less ability to store soil moisture. To qualify as Farmland of Statewide Importance, land must meet the specific soil criteria required USDA NRCS. c. Unique Farmland. Unique Farmland consists of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California. d. Farmland of Local Importance. Farmland of Local Importance is land of importance to the local economy, as defined by each county’s local advisory committee and adopted by its Board of Supervisors. Farmland of Local Importance is either currently producing or has the capability of production; but does not meet the criteria of Prime, Statewide or Unique Farmland. For the purposes of this ordinance and as adopted by the San Benito County Board of Supervisors, Farmland of Local Importance is defined as land cultivated as dry cropland for wheat, barley, oats, safflower and grain hay, as well as orchards affected by boron within the area specified in San Benito County Resolution Number 84 -3. If the County of San Benito expands the definition of Farmland of Local Importance to include more lands, such lands shall also be considered to be Farmland of Local Importance under this ordinance.

4. All lands which in the reasonable judgment of the City of Hollister have the physical characteristics and yield potential to qualify as one of the classifications in Section 17.28.030.B.2 above. Whether or not the land under consideration is currently used for agricultural production shall not be a criterion in this determination.

C. Agricultural Lands Preservation Program Administration Fe e. The Agricultural Lands Preservation Program Administration Fee (also referred to as the Administration Fee) refers to a fee paid to the City of Hollister which will be credited to a City fund and used by the City and/or transferred to the Program Manager for the purpose of administering the Agricultural Lands Preservation Program and/or to cover ongoing management and monitoring of the Agricultural Conservation Easements.

D. Agricultural Use. Agricultural Use means the use of land, including for greenhouses, for the purpose of producing an agricultural commodity for commercial purposes, per California Government Code 51201.

E. Arm's Length Transaction. An Arm's Length Transaction is a business deal in which buyers and sellers act independently without one pa rty influencing the other.

F. Developer. A Developer is a person or entity who files an application to develop land under the jurisdiction of the City of Hollister.

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G. Development Project. A Development Project is a project to convert the use of land that is subject to an application under the jurisdiction of the City of Hollister.

H. Easement Holder. An Easement Holder is a government entity or 501(c)(3) tax- exempt nonprofit corporation that takes ownership of, or authority over, real property and/or Agricultural Conservation Easements at the behest of an owner.

The City will consider the following criteria when selecting an Easement Holder:

1. Whether the entity is based locally, is statewide, or is a regional branch of a national organization, with preference given to a locally-based organization;

2. Whether the entity has an established record of holding easements for the purposes of conserving Agricultural Land;

3. Whether the entity has a history of holding easements in San Benito County;

4. Whether the entity is operating in compliance with the most recent version of the Land Trust Alliance’s “Standards and Practices” available at the Land Trust Alliance Resource Center.

An Easement Holder may also serve as the Program Manager. The City of Hollister may also serve as an Easement Holder.

I. Highest and Best Use. Highest and Best Use refers to the legal use of vacant or improved land that is physically possible and financially feasible, and that results in the highest value.

J. Legal Parcel. A Legal Parcel is a portion of land separated from another parcel or portion of land in accordance with the Subdivision Map Act. A separate Assessor’s Parcel Number (APN) alone shall not constitute a legal parcel.

K. Program Manager. The Program Manager is a government entity or 501(c)(3) tax- exempt nonprofit organization selected by and accountable to the City of Hollister to serve as the manager of the Agricultural Lands Preservation Program. The City will consider the following criteria when selecting the Program Manager:

1. Whether the entity is based locally, is statewide, or is a regional branch of a national organization, with a preference given to a locally-based organization;

2. Whether the entity has an established record of managing Agricultural Land;

3. Whether the entity has a history of managing easements in San Benito County;

4. Whether the entity is operating in compliance with the most recent version of the Land Trust Alliance’s “Standards and Practices” available at the Land Trust Alliance Resource Center.

The Program Manager may also serve as an Easement Holder. The City of Hollister may also serve as the Program Manager.

17.28.040 – Applicability.

The regulations and provisions of this chapter shall apply to all public and private

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Development Projects under the jurisdiction of the City of Hollister which would result in the conversion of at least one (1) acre of Agricultural Land for uses other than Agricultural Uses.

17.28.050 – Overall Requirement.

Before any Development Project that involves conversion of one (1) acre or more of Agricultural Land to uses other than Agricultural Uses may occur, Agricultural Conservation Easements on other Agricultural Lands that comply with criteria established in Section 17.28.090 shall be dedicated to the City of Hollister or to an Easement Holder selected by the City of Hollister, at a rate of at least two and one-half (2.5) acres of Agricultural Land for each one (1) acre of Agricultural Land to be converted [2.5:1 ratio].

The total acreage for which Agricultural Conservation Easements are dedicated shall be calculated based on the total acreage subject to conversion, not the total size of the Legal Parcel(s) on which the development is to be located, unless the total size of the area of the subject Legal Parcel(s) not subject to conversion is ten (10) acres or less, in which case the total acreage for which Agricultural Conservation Easements are dedicated shall be calculated based on the total size of the subject Legal Parcel(s).

17.28.060 – Timing.

Agricultural Conservation Easements shall be dedicated to the City of Hollister or to an Easement Holder specified by the City of Hollister prior to the issuance of grading permits or building permits that would result in the conversion of Agricultural L and.

17.28.070 – Program Mechanism.

The requirements of this Agricultural Lands Preservation Program may be satisfied in one of the following two ways:

A. Dedication of Agricultural Conservation Easement(s). The Developer shall dedicate Agricultural Conservation Easement(s) to either the City of Hollister or to an Easement Holder specified by the City of Hollister, subject to the following provisions:

1. The location and characteristics of all lands acquired for Agricultural Conservation Easements shall comply with the eligibility requirements established in Section 17.28.090 and Section 17.28.100.

2. A Developer dedicating the Agricultural Conservation Easement(s) shall pay the Agricultural Lands Preservation Program Administration Fee as described in Section 17.28.110.A.

3. Water rights deemed essential to the conservation of the agricultural purpose and ongoing support of the Agricultural Use of the land shall be conditioned in the Agricultural Conservation Easement.

4. The City Council and Program Manager shall review each potential Agricultural Conservation Easement prior to contribution by the Developer for consistency with the purpose and mechanisms established in this ordinance.

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If the Agricultural Conservation Easement is dedicated to an Easement Holder other than the City of Hollister, the dedication shall include the stipulation that the Agricultural Conservation Easement shall revert to the City of Hollister if the Easement Holder ceases to operate or fulfill the terms of this Agricultural Lands Preservation Program.

B. Payment of In-Lieu Fees. The payment of an Agricultural Conservation Easement in-lieu fee is subject to the following provisions:

1. Rather than dedicating an Agricultural Conservation Easement(s), the Developer may pay a fee to the City of Hollister calculated to be equal to the cost of acquiring required Agricultural Conservation Easement(s).

2. The dollar amount of the in-lieu fee shall be determined by the City Council following review of a study prepared by the Developer, peer reviewed by the Program Manager and/or a consultant selected by the City, and recommended by the Planning Commission. The peer review shall be paid for by the Developer.

3. The in-lieu fee shall be calculated based on the actual value of the required Agricultural Conservation Easement(s) and on transaction costs associated with transactions to acquire such easements.

4. The Planning Commission shall review the in-lieu fee proposal for consistency with these guidelines prior to submitting it for approval by the City Council. The Commission shall make a formal recommendation to the Council for consideration.

5. The City Council shall approve by resolution the amount and other terms of the in-lieu fee.

6. A Developer paying an in-lieu fee instead of dedicating Agricultural Conservation Easement(s) shall also pay the Agricultural Lands Preservation Program Administration Fee as described in Section

17.28.110.A.

17.28.080 – Administration of the Overall Program and In-Lieu Fees.

A. Program Administration.

1. Agricultural Conservation Easements generated by this Program shall be dedicated to the City of Hollister or an Easement Holder approved by the City under the terms of this ordinance, and shall be recorded in San Benito County.

2. If an Agricultural Conservation Easement is held by an Easement Holder other than the City of Hollister, the Easement Holder may be compensated for costs incurred related to holding the easement, as may be agreed among the City, the Program Manager and the Easement Holder, based on the character and acreage of the Agricultural Conservation Easement, using funds collected through the Agricultural Lands Preservation Program Administration Fee.

B. In-Lieu Fee Administration.

1. Within sixty (60) days after collection by the City, in -lieu fees shall be transferred to a fund administered by the Program Manager.

2. In-lieu fees shall be used to acquire Agricultural Conservation Easements

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on eligible Agricultural Lands, which shall be dedicated to the City of Hollister or an Easement Holder approved by the City of Hollister under the terms of this ordinance, and shall be recorded in San Benito County.

17.28.090 – Eligible Lands.

To achieve the purpose of this chapter, lands proposed for acquisition of Agricultural Conservation Easements shall share the characteristics of Agricultural Land and meet the following criteria:

A. The lands shall be located in the City of Hollister Planning Area, as defined in the City of Hollister General Plan.

B. The farmland classification shall be equal to or better than the classification of the land converted.

C. The lands shall support an active Agriculture Use at the time that easements are acquired, or shall be capable of supporting an Agricultural Use within one (1) year as determined by the Program Manager. Lands not actively supporting an Agricultural Use shall be brought into Agricultural Use by the Program Manager, using funds paid for by the Developer, in excess of other funds required by this Program, within one (1) year of dedication. The amount of funds to be paid to bring the land into Agricultural Use shall be agreed upon by the Developer, Program Manager and City in advance of the acceptance of the easement and approval of the Development Project.

D. Where a dedication of twenty (20) or more acres is required, lands shall be composed of legal parcel(s) of twenty (20) net acres or more in size. Parcels less than twenty (20) net acres in size shall only be allowed for dedication if merged to meet the minimum size requirement prior to execution of the Agricultural Conservation Easement.

E. Where a dedication of less than 20 acres is required, lands shall be composed of a single legal parcel. In this case, multiple parcels shall only be allowed for dedication if merged to meet the minimum size requirement prior to execution of the Agricultural Conservation Easement.

F. The lands shall be served by a water supply adequate to support Agricultural Use of the land, and the water rights on the lands proposed for acquisition of Agricultural Conservation Easements shall be protected in the Agricultural Conservation Easement in accordance with State water rights law.

G. The dedication shall be consistent with a plan for overall acquisition of Agricultural Conservation Easements in the City of Hollister Planning Area if such a plan is adopted by the City of Hollister.

17.28.100 – Ineligible lands.

A property is ineligible for acquisition of Agricultural Conservation Easements if it does not meet the requirements of Section 17.28.090 or if any of the circumstances below apply:

A. The property is currently encumbered by any conservation, flood or other easement that cannot be subordinated to the Agricultural Conservation Easement.

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B. The property is under public ownership at the time of the proposed acquisition of the Agricultural Conservation Easement.

C. The property is subject to conditions that practicably prevent utilizing the property for a viable Agricultural Use.

17.28.110 – Agricultural Lands Preservation Program Administration Fee.

The Developer shall pay a one-time Agricultural Lands Preservation Program Administration Fee to cover the cost of stewardship and administration of the Agricultural Lands Preservation Program by the City and Program Manager, which shall be calculated as follows:

A. Dedicated lands. If the Developer dedicates existing Agricultural Conservation Easement(s), the fee shall be ten percent (10%) of the value of the easements dedicated.

1. If the easements were acquired through an Arm’s Length Transaction in the one-year period prior to dedication to the City of Hollister, the value of the easements on which the Administration Fee shall be based will be the acquisition cost of the easements.

2. If the easements were not acquired through an Arm’s Length Transaction and/or were acquired more than one-year prior to dedication to the City of Hollister, the value of the easements on which the Administration Fee shall be based will be determined by the City Council after review of a report prepared by a real estate appraiser certified in agricultural conservation easement appraisals and licensed in California, and paid for by the Developer, which shall be peer reviewed by a consultant selected by the City and Program Manager and reviewed by the Planning Commission.

The appraisal and peer review shall both be paid for by the Developer.

B. In-lieu fees. If the Developer pays an in-lieu fee, the Administration Fee shall be ten percent (10%) of the in-lieu fee.

17.28.120 – Monitoring, Enforcing and Reporting.

Easements acquired in accordance with this Chapter shall be monitored and enfo rced in compliance with the following provisions:

A. Monitoring. The Program Manager shall annually monitor all easements acquired in accordance with these regulations and shall review and monitor the implementation of all management and maintenance plans f or these lands and easement areas.

B. Enforcing. The Program Manager shall enforce compliance with the terms of the Agricultural Conservation Easement. Any costs incurred in enforcing the terms of the Agricultural Conservation Easement, including costs of su it and reasonable attorneys fees, and any costs of restoration necessitated by the Developer’s violation of the terms of the Agricultural Conservation Easement (including costs of routine monitoring compliance) from such time as the violation was first identified through completion, to the satisfaction of the Program Manager, of any required restoration, shall be borne by the Developer.

C. Reporting. The Program Manager shall provide to the City Development Services

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Director an annual report delineating the activities undertaken pursuant to the requirements of these guidelines and assessment of these activities. The report shall describe the status of all lands and easements acquired in accordance with this Chapter, including a summary of all enforcement actions (if any), a detailed statement of financial activities, and the status of all easements acquired via the provisions of this ordinance.

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

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

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

INTRODUCED at a regular City Council meeting on December 3, 2024, and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on February 18, 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. XXXX is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on February 18, 2025, 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 February 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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CHAPTER 17.28 – AGRICULTURAL LANDS PRESERVATION PROGRAM

17.28.010 – Chapter Title.

The ordinance codified in this chapter shall be known and may be cited as the "Agricultural Lands Preservation Program" of the City of Hollister.

17.28.020 – Purpose.

The purpose of this Agricultural Lands Preservation Program is to ensure the benefits of agricultural activities are maintained by requiring that activities that convert existing agricultural lands to urban uses directly address that loss through a program that funds agricultural conservation easements.

17.28.030 – Definitions.

B. Agricultural Lands. Agricultural Lands subject to this Program are defined as:

1. All lands defined as Prime Agricultural Land per California Government Code 51201.

These include the following:
a. All land that qualifies for rating as class I or class II in the Natural Resource Conservation Service land use capability classifications. b. Land which qualifies for rating 80 through 100 in the Storie Index Rating. c. Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture. d. Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than two hundred dollars ($200) per acre.
e. Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than two hundred dollars ($200) per acre for three of the previous five years.

3. All lands classified as Prime Farmland, Farmland of Statewide Importance, Unique Farmland or Farmland of Local Importance by the California Department of

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Conservation (DOC) on the most recently published map of the Farmland Mapping and Monitoring Program (FMMP). Agricultural Lands developed for non-agricultural use prior to the adoption of this Program are not included in this definition. The four (4) classifications of farmland referenced above are defined by the DOC as follows:
a. Prime Farmland. Prime Farmland has the best combination of physical and chemical features able to sustain long-term agricultural production. Prime Farmland has the soil quality, growing season, and moisture needed to produce sustained high yields. In order to qualify as Prime Farmland, land must meet the specific soil criteria required by the United States Department of Agriculture (USDA) Natural Resources Service (NRCS.) b. Farmland of Statewide Importance. Farmland of Statewide Importance is similar to Prime Farmland, but with minor shortcomings, such as steeper slopes or less ability to store soil moisture. To qualify as Farmland of Statewide Importance, land must meet the specific soil criteria required USDA NRCS.
c. Unique Farmland. Unique Farmland consists of lesser quality soils used for the production of the State’s leading agricultural crops. This land is usually irrigated but may include non-irrigated orchards or vineyards as found in some climatic zones in California.
d. Farmland of Local Importance. Farmland of Local Importance is land of importance to the local economy, as defined by each county’s local advisory committee and adopted by its Board of Supervisors. Farmland of Local Importance is either currently producing or has the capability of production; but does not meet the criteria of Prime, Statewide or Unique Farmland. For the purposes of this ordinance and as adopted by the San Benito County Board of Supervisors, Farmland of Local Importance is defined as land cultivated as dry cropland for wheat, barley, oats, safflower and grain hay, as well as orchards affected by boron within the area specified in San Benito County Resolution Number 84-3. If the County of San Benito expands the definition of Farmland of Local Importance to include more lands, such lands shall also be considered to be Farmland of Local Importance under this ordinance.

4. All lands which in the reasonable judgment of the City of Hollister have the physical characteristics and yield potential to qualify as one of the classifications in Section

17.28.030.B.2 above. Whether or not the land under consideration is currently used for agricultural production shall not be a criterion in this determination.

C. Agricultural Lands Preservation Program Administration Fee. The Agricultural Lands Preservation Program Administration Fee (also referred to as the Administration Fee) refers to a fee paid to the City of Hollister which will be credited to a City fund and used by the City and/or transferred to the Program Manager for the purpose of administering the Agricultural Lands Preservation Program and/or to cover ongoing management and monitoring of the Agricultural Conservation Easements.

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E. Arm's Length Transaction. An Arm's Length Transaction is a business deal in which buyers and sellers act independently without one party influencing the other.

F. Developer. A Developer is a person or entity who files an application to develop land under the jurisdiction of the City of Hollister.

G. Development Project. A Development Project is a project to convert the use of land that is subject to an application under the jurisdiction of the City of Hollister.

H. Easement Holder. An Easement Holder is a government entity or 501(c)(3) tax-exempt nonprofit corporation that takes ownership of, or authority over, real property and/or Agricultural Conservation Easements at the behest of an owner. The City will consider the following criteria when selecting an Easement Holder: