Hollister City Council
April 7, 2025

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, April 7, 2025, 6:30 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

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, subdivision (b), the following Council Meeting will include teleconference participation by Council Member Dolores Morales from 1905 19th Street NW, Washington, DC 20009. This notice and agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54953.3.

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/government/

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

Public Participation:

The public may attend meetings.

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

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

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

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

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

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

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

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

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION REPORT

5.SPECIAL ORDERS OF THE DAY

5.1 PROCLAMATION CONGRATULATING GOLDA DEMBY

5.2 PROCLAMATION CONGRATULATING AARON RODRIGUEZ

5.3 PROCLAMATION CONGRATULATING COLE SEYMOUR

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 MARCH 17, 2025 REGULAR MEETING MINUTES

7.2 APPROVE MARCH 21, 2025 SPECIAL MEETING MINUTES

7.3 APPROVE MARCH 24, 2025 SPECIAL MEETING MINUTES

7.4 WARRANT REGISTER
RECOMMENDED ACTION:

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

7.5 A RESOLUTION APPROVING TYLER TECHNOLOGIES AS THE SOLE-SOURCE PROVIDER FOR THE CITY’S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM IN THE AMOUNT OF $392,184.00
RECOMMENDED ACTION:

Adopt a resolution approving the proposal from Tyler Technologies, Inc., as the sole- source provider for the city’s ERP Systems, in the amount of $392,184.00 for the migration of the Tyler ERP PRO 10 On-Prem Enterprise System to the cloud, with annual support of $130,729.00 per year for the next 36 months extending through City of Hollister City Council Meeting

May 2028.

7.6 A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH VANIR CONSTRUCTION MANAGEMENT, INC. FOR PROJECT

CONSTRUCTION ACTIVITIES OF THE DUNNE PARK CLUBHOUSE
RENOVATION PROJECT AND FIRE STATION #2 PARK
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the professional service agreement with Vanir Construction Management, Inc., focusing on project construction activities of the Dunne Park Clubhouse renovation project and Fire Station #2 Park and authorizing the City Manager to sign the amendment.

7.7 A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE

TRIMMING AND RELATED SERVICES
RECOMMENDED ACTION:

Adopt a resolution approving an amendment to the professional services agreement with West Coast Arborists Inc., for tree pruning and related services and authorizing the City Manager to sign the amendment.

7.8 A RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF $184,000 AND AN INCREASE IN BUDGETED REVENUE OF $250,000 TO FUND 712 (CFD #4 PUBLIC FACILITIES) FOR UTILITY, MAINTENANCE, REPAIR, AND

PROFESSIONAL SERVICES EXPENSES
RECOMMENDED ACTION:

Adopt a resolution authorizing a supplemental appropriation of $184,000 and an increase in budgeted revenue of $250,000 to fund 712 (CFD #4 Public Facilities) for utility, maintenance, repair, and professional services expenses.

8.PUBLIC HEARINGS

8.1 AN ORDINANCE APPROVING AN AMENDMENT TO TITLE 13 PUBLIC SERVICES TO ADOPT CHAPTER 13.04 TITLE X, OUTSIDE SEWER CONNECTIONS RECOMMENDED ACTION:

Hold a public hearing and introduce the ordinance. If approved by the City Council, adoption of the ordinance would be scheduled for the next regular meeting on April 21, 2025.

9.COUNCIL BUSINESS

9.1 URBAN GROWTH BOUNDARY PRESENTATION
RECOMMENDED ACTION:

Receive the presentation and provide direction to staff.

9.2 PROPOSED FIRE PROTECTION SERVICES CONTRACT AMENDMENT TERMS

WITH THE COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA RECOMMENDED ACTION:

Receive report and provide City Manager direction regarding the Fire Protection Services contract amendment terms with the County of San Benito and the City of San Juan Bautista.

9.3 DISCUSSION REGARDING TENTATIVE MAP APPROVAL PROCESS RECOMMENDED ACTION:

City of Hollister City Council Meeting

Receive a presentation and provide direction to staff.

9.4 DISCUSSION OF POTENTIAL LOBBYING ORDINANCE FOR THE CITY OF

HOLLISTER
RECOMMENDED ACTION:

Discuss and give possible direction regarding the creation of a Lobbying Ordinance for the City of Hollister.

9.5 RECEIVE REPORT REGARDING COMMUNITY COMMUNICATION STRATEGIES

AND PROVIDE STAFF POSSIBLE DIRECTION
RECOMMENDED ACTION:

Receive report and provide staff possible direction

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

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

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 SECTION 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (1 case)

11.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 351 Astro Dr, Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Negotiating Party: Steve Perricone, Hollister Elk's Lodge #1436 Under Negotiation: Terms
City of Hollister City Council Meeting

11.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 300 West St., Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Negotiating Party: Bill Lee, Martha's Kitchen
Under Negotiation: Lease Terms

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of April 7, 2025 was posted on the bulletin board at City Hall on April 4, 2025 per Government Code Section 54954.2.

City of Hollister City Council Meeting

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

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

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

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

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

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

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

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

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

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

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

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

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

PROCLAMATION

CONGRATULATING GOLDA DEMBY ON HER SUCCESS AT THE

CALIFORNIA INTERSCHOLASTIC FEDERATION

STATE WRESTLING CHAMPIONSHIPS

WHEREAS, Hollister High School senior Golda Demby competed in the semifinals of the California Interscholastic Federation State Wrestling Championships; and

WHEREAS, Demby qualified for the tournament by winning her weight class in the Central Coast Section Masters Tournament; and

WHEREAS, Demby has only participated in wrestling for two years and placed fifth in last year's state tournament; and

WHEREAS, Demby went 5-1 at the state championships and placed third overall; and

WHEREAS, Demby maintains a 3.6 grade point average and is attending Cal Poly San Luis Obispo in the fall where she will major in Biomedical Engineering.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby congratulate Golda Demby on her wrestling achievements and wish her success in all of her future endeavors.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 7th day of April 2025.

______________________________
Roxanne Stephens, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

PROCLAMATION

CONGRATULATING AARON RODRIGUEZ ON HIS SUCCESS AT THE

CALIFORNIA INTERSCHOLASTIC FEDERATION

STATE WRESTLING CHAMPIONSHIPS

WHEREAS, Hollister High School senior Aaron Rodriguez competed in the California Interscholastic Federation State Wrestling Championships going 2-2 for the tournament; and

WHEREAS, Rodriguez qualified for the tournament by placing third in his weight class in the Central Coast Section Masters Tournament; and

WHEREAS, Rodriguez also won the Apple Cider Tournament and Firebaugh Westside Invitational this year; and

WHEREAS, Rodriguez maintains an impressive 4.2 grade point average and is attending Cal Poly Humboldt in the fall where he will major in Environmental Engineering.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby congratulate Aaron Rodriguez on his wrestling achievements and wish him success in all of his future endeavors.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 7th day of April 2025.

______________________________
Roxanne Stephens, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

PROCLAMATION

CONGRATULATING STEPHEN “COLE” SEYMOUR ON HIS SUCCESS AT

THE CALIFORNIA INTERSCHOLASTIC FEDERATION

STATE WRESTLING CHAMPIONSHIPS

WHEREAS, Hollister High School sophomore Stephen “Cole” Seymour competed in the California Interscholastic Federation State Wrestling Championships going 1-2 for the tournament; and

WHEREAS, Seymour qualified for the tournament by placing fourth in his weight class in the Central Coast Section Masters Tournament; and

WHEREAS, Seymour also won the Apple Cider Tournament and Firebaugh Westside Invitational this year; and

WHEREAS, Seymour is on the Hollister High School Track and Field Team and is a member of the Hollister High School Football Team.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby congratulate Cole Seymour on his wrestling achievements and wish him success in all of his future endeavors.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 7th day of April 2025.

______________________________
Roxanne Stephens, Mayor

ATTEST:

________________________________
Jennifer Woodworth, City Clerk

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

March 17, 2025, 6:30 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

Members Absent: 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 6:30 p.m.

2. ROLL CALL

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

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

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Mia Casey expressed concern regarding the recent Council decision to rescind Resolution 2024-201 rather than call an election for the referendum.

Jillian Wilson supported the City streamlining the permitting process for local businesses.

Tod duBois asked the City to reconsider their direction at a recent closed session meeting regarding a senior housing project and requested it be discussed at an open session.

Sue Logue with the Friends of the Library organization reported on their recent successful fundraiser for the library.

Elia Salinas spoke regarding inconsistency of the City's permitting process and suggested reconsidering the City's Independence Rally.

2 Joe thanked the City Council for their future discussion of a potential lobbyist ordinance.

Maria Spandri spoke in support of the Jovenes de Antaño organization and its work in the community.

Carol Lenoir opposed the City Council's recent decision regarding LAFCO, opposed the decision to rescind the General Plan 2040 Update, supported use of Council discretionary funds to support Jovenes de Antaño, and requested staff to look at non-working street lights on San Benito Street.

Celeste Bocanegra opposed reducing public comment time from three minutes.

Rick Perez spoke regarding the work by the previous City Council to support the community, including support of Bulldog Boxing and Youth Recovery Connections.

6. CONSENT ITEMS
Councilmember Morales pulled Item 6.4 from the consent calendar.

Mayor Stephens opened public comment at 6:50 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 6:50 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha

The consent calendar items are approved, except for item 6.4.

Ayes (4): Mayor Stephens, Council Member Picha, Council Member Resendiz, and Council Member Morales
Absent (1): Council Member de Anda
Carried (4 to 0)

6.1 APPROVE MARCH 3, 2025 REGULAR MEETING MINUTES

6.2 WARRANT REGISTER
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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

3 Carried

6.3 A RESOLUTION DECLARING THE CONDITION OF CERTAIN

PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE, ORDERING

THE ABATEMENT OF WEEDS, AND NOTICING A HEARING FOR THE

RECEIPT OF OBJECTIONS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.

Carried

6.5 ANNUAL REPORT ON THE HOLLISTER SUCCESSOR AGENCY LOW

AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL
YEAR 2023-2024
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Accept the annual report on the LMIHAF and direct staff to post it on the City’s website.

Carried

6.6 A RESOLUTION APPROVING THE ANNEXATION OF 1960 AND 1970

AIRWAY DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 60 (PUBLIC FACILITIES SERVICES)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving the annexation of 1960 and 1970 Airway Drive Project into CFD#4.

Carried

6.7 A RESOLUTION AUTHORIZING THE USE OF COOPERATIVE

PURCHASING FOR THE BRIGGS BUILDING ELEVATOR UPGRADE

4 Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution authorizing: (1) the use of Cooperative Purchasing for the elevator upgrade at the Briggs Building, (2) the City Manager to execute all required documents, and (3) a budget amendment for $575,000.

Carried

6.8 A RESOLUTION APPROVING AN AGREEMENT WITH KNORR

SYSTEMS, INTERNATIONAL (KSI) FOR THE VALLEY VIEW PARK

SPLASH PAD UPGRADE
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution authorizing the City Manager to execute an agreement with Knorr Systems, International for the upgrade of the Valley View Park Splash Pad Water Treatment System and authorizing a supplemental appropriation from Fund 205 in the amount of $20,4 00.

Carried

6.4 A RESOLUTION APPROVING THE 2024 GENERAL PLAN ANNUAL

PROGRESS REPORT
Planning Manager Eva Kelly provided the staff report.

Councilmember Morales requested and received clarification regarding potential impacts of the City Council's decision to rescind Resolution 2024- 201 and potential consequences for the City not having a compliant Housing Element.

Councilmember Resendiz requested staff follow-up with additional information regarding potential impact of housing growth in the fifth cycle of the Regional Housing Needs Allocation on the projected growth for the sixth cycle.

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

Adopt a resolution accepting the 2024 General Plan Annual Progress Report and direct staff to forward the report to the Governor’s Office of

5 Planning and Research and the California Department of Housing and Community Development.

Ayes (4): Mayor Stephens, Council Member Picha, Council Member Resendiz, and Council Member Morales
Absent (1): Council Member de Anda
Carried (4 to 0)

7. COUNCIL BUSINESS

7.1 FIRE PROTECTION SERVICES NEGOTIATIONS AD-HOC
COMMITTEE: CONTRACT AMENDMENT TERMS FOR THE COUNTY

OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA
City Manager David Mirrione provided the staff report.

Councilmember Morales requested and received information regarding potential negative impacts on public safety if fewer firefighters are on staff.

Councilmember Morales expressed concern regarding City's ability to respond to medical and fire incidents and raised concerns regarding Hollister subsidizing San Benito County's fire service.

Mayor Stephens requested and received clarification regarding staffing costs and commented on the limited budget for all agencies.

City Manager David Mirrione provided information regarding the potential costs incurred based on time spent by the Hollister Fire Department on calls within the service area.

Councilmember Resendiz requested and received additional information regarding creation of a potential fire district in San Benito County.

Councilmember Picha supported increasing fire staff levels to support public safety and suggested periodic review of the contracts for potential renegotiation.

Mayor Stephens opened public comment at 8:23 p.m.

Stacie McGrady opposed the proposed fire services contract with San Benito County and expressed concern with a potential temporary closure of Fire Station 3.

Stephen Hanson expressed concern regarding low firefighter staffing levels in the City of Hollister.

Mia Casey expressed concern regarding the Fire Protection Services Negotiations Ad Hoc Committee lack of input and opposed the proposed contract with San Benito County.

6 Josh Buzzetta, Hollister Firefighters Union President, opposed the proposed fire services contracts and expressed concern regarding reduced staffing levels and the exclusion of fire personnel from the negotiating process.

Terry Clark opposed the proposed fire services contracts.

Elia Salinas expressed concern for increased risks to firefighter lives, Hollister subsidizing San Benito County and City of San Juan Bautista fire services, and potential loss of fire insurance by residents.

Tiago Dutra opposed the proposed fire services contracts and expressed concern regarding potential response times.

Joe expressed concern regarding the lack of transparency during the fire services contract negotiations.

Mark supported increasing funding from the state and supported creating local jobs.

Jonathan Casey expressed concern regarding lack of participation in the fire services contracts by the City Manager and expressed concern regarding lack of funding from the County for fire services.

Alice Thomas opposed the proposed fire services contracts and supported firefighter personnel.

Celeste Bocanegra opposed the proposed fire services contracts and supported funding for firefighter personnel.

Alicia Hernandez opposed the proposed fire services contracts, supported the firefighter personnel, and expressed concern San Benito County is not paying their fair share.

Patsy Gascsa supported increasing firefighter personnel levels.

Mayor Stephens closed public comment at 8:46 p.m.

Councilmember Resendiz spoke in support of the proposed fire services contracts.

Councilmember Morales opposed the proposed fire services contracts.

Councilmember Picha requested more time to consider the proposed fire services contracts to hear from the community, subject matter experts, and partner agencies.

Mayor Stephens provided information regarding the negotiations ad hoc committee process and future operational decisions.

City Attorney Mary Lerner provided information regarding the manner for addressing potential disruptions during a public meetings.

7 By consensus, the City Council directed staff to bring the proposed fire services contracts forward for Council consideration at a future City Council meeting.

The City Council recessed at 9:01 p.m. and reconvened at 9:19 p.m.

7.2 CONSIDER, DISCUSS, AND PROVIDE DIRECTION REGARDING

CREATING A CITY OF HOLLISTER ENTERTAINMENT DISTRICT
Assistant City Attorney Gail Zurek provided the staff report.

Councilmember Resendiz suggested creating a downtown business owners advisory body for the City and task them with exploring creation of a downtown entertainment district. Additionally, Councilmember Resendiz suggested updating the Municipal Code to address downtown noise.

Mayor Stephens opened public comment at 9:47 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 9:47 p.m.

By consensus, the City Council directed staff to return with additional information regarding potential creation of a downtown business advisory body that can help the City respond to community and business needs.

The Council additionally requested information on consolidating the proposed advisory body with various existing advisory bodies and potential costs for the actions. Finally, staff is directed to return with an update to the City's noise ordinance to address downtown noise.

By consensus, the City Council agreed to continue the meeting past 10:00 p.m.

7.3 A RESOLUTION APPROVING THE 2026-2030 CAPITAL

IMPROVEMENT PROJECTS PLAN
Public Works Director William Via provided the staff report.

Mayor Stephens opened public comment at 9:58 p.m.

Cesar Plascencia supported fair pay for workers on City projects and strong pre-qualification requirements to help protect workers and ensure high-quality projects are completed.

Mayor Stephens closed public comment at 9:59 p.m.

Moved by: Council Member Resendiz
Seconded by: Mayor Stephens

Receive report and adopt a resolution approving the 2026-2030 Capital Improvement Projects Plan.

8 Ayes (4): Mayor Stephens, Council Member Picha, Council Member Resendiz, and Council Member Morales
Absent (1): Council Member de Anda
Carried (4 to 0)

7.4 DOMESTIC WASTEWATER TREATMENT PLANT OPERATIONS

OPTIONS
Public Works Director William Via provided the staff report.

Mayor Stephens opened public comment at 10:13 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 10:13 p.m.

By consensus, the City Council directed staff to extend the current contract with Veolia for the remainder of the original six-year term extension.

8. INFORMATIONAL REPORTS

8.1 COMMITTEE ASSIGNMENTS
Councilmember Resendiz reported he attended the San Benito County Council of Governments workshop on the Highway 25 project.

Mayor Stephens reported she attended a LAFCO meeting where they made appointments and are moving forward with the Municipal Services Review process.

8.2 COUNCIL REPORTS
None.

8.3 CITY MANAGER REPORT
City Manager David Mirrione introduced Sean Colt as the City's new Information Systems and Technology Director.

1. UPDATED CITY COUNCIL PROJECTS

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

9.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager David Mirrione and Administrative Services Director Casey Estorga

9 Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees

9.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8
Property: 351 Astro Dr, Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Negotiating Party: Steve Perricone
Under Negotiation: Terms

9.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of case: Sywak v. City of Hollister, et al. San Benito County Superior Court Case No. CU-24-00332

9.4 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 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) Mayor Stephens opened public comment at 10:25 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 10:25 p.m.

The City Council convened into closed session at 10:25 p.m.

10. ADJOURNMENT
Mayor Stephens adjourned the meeting at 11:27 p.m.

Jennifer Woodworth, City Clerk

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

March 21, 2025, 6:30 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 special meeting of the City Council of the City of Hollister to order at 6:31 p.m.

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

3. ROLL CALL

4. COUNCIL BUSINESS

4.1 FIRE PROTECTION SERVICES CONTRACTS REPORT
City Manager David Mirrione provided a presentation and answered questions.

Mayor Stephens requested and received clarification regarding the current and proposed budget for the Fire Department and stated her preference to keep three firefighters per engine.

Councilmember Resendiz requested and received information regarding Hollister's obligations related to fire services, including that the City is not legally required to provide fire services.

Councilmember Morales stated that more people should be involved in the negotiation discussions and suggested a monetary contribution from our partners as a token of good faith negotiations.

Mayor Stephens opened public comment at 7:31 p.m.

Elia Salinas is not in agreement with the contract as presented.

2 Joe Would like a community town hall with all parties and subject matter experts involved.

Suzanne Howard supported option D with everyone at the table.

Fallon Greig supported the City working with its partners to come to a fair agreement for fire services.

Mia Casey questioned why key representatives were left out of negotiations and urged the Council to reject this contract.

Jon Casey would like to see a full allocation of services and asked Council to allow the experts to renegotiate a fair contract.

Alice expressed the importance of fire personnel and asked the Council to go back to the table and get everyone involved in the negotiation.

Katherine Sanchez urged the Council to get the agreement across the finish line and not let it roll over without an amendment.

James Connor encouraged the Council to bring experts into the negotiations.

Heidi Connor stated the County needs to come to the table and pay more because two firefighters per engine is not enough.

Jeanie Wallace encouraged the Council not to rush the contract and to include experts in the discussion.

Terry Clark suggested there may be other projects or services that can be reduced to allocate funds to fire services.

Samuel Ramos stressed that we are supposed to be working together.

Carol Lenoir asked the Council to go back to negotiations and include the experts and asked the City Manager to run numbers for Measure W.

Leslie Jordan expressed that the City of San Juan Bautista appreciates the options brought forward and asked that the City of San Juan Bautista be allowed in the negotiation discussions.

Maureen Nelson asked that all stakeholders be brought to the table.

Bridgette Baumann-Thorp questioned where the impact fees from new developments are going.

Valerie Harmsson stated she would like to keep three firefighters per engine.

Mary Hsia-Coron thanked the Council for working on negotiations and encouraged collaboration.

Mayor Stephens closed the public comment at 8:15 p.m.

3 By consensus the Council gave direction to staff to move forward with option E presented by staff with the additions of requesting compensation for services during the negotiation process, implementation of the 270-day provision for termination of the contract, and a 90-day provision to complete negotiations.

5. ADJOURNMENT
Mayor Stephens adjourned the meeting at 8:39 p.m.

Jennifer Woodworth, City Clerk

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

March 24, 2025, 7:00 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 special meeting of the City Council of the City of Hollister to order at 7:03 p.m.

2. PLEDGE OF ALLEGIANCE
Councilmember de Anda led the Pledge of Allegiance.

3. ROLL CALL

4. COUNCIL BUSINESS

4.1 A RESOLUTION APPROVING AND AUTHORIZING THE CITY

MANAGER TO PROVIDE NOTICES OF TERMINATION REGARDING

FIRE PROTECTION SERVICES AGREEMENTS WITH THE COUNTY

OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA
City Attorney Mary Lerner provided the staff report.

Mayor Stephens opened public comment at 7:07 p.m.

Mia Casey thanked the City Council for starting negotiations again with the Fire Chief and other agencies and urged the entire council to support the proposed resolution.

Joe thanked the City Council for listening to the public and restarting negotiations.

Bruce Lawler supported the City working with San Benito County and San Juan Bautista to protect the residents and supported creation of a fire district.

2 Mayor Stephens closed public comment at 7:11 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt a resolution approving and authorizing the City Manager to provide notices of termination regarding fire protection services agreements with the County of San Benito and City of San Juan Bautista.

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

5. ADJOURNMENT
Mayor Stephens adjourned the meeting at 7:12 p.m.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 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 2-26-25

2. Expense Approval Register AP 2-27-25

3. Expense Approval Register AP 2-28-25

4. Expense Approval Register AP 2-28-25 (2)

5. Expense Approval Register DP 3-4-25

6. Expense Approval Register DP 3-4-25 (2)

7. Expense Approval Register AP 3-6-25

8. Expense Approval Register AP 3-7-25

9. Expense Approval Register PYR 3-12-25

10. Expense Approval Register DP 3-14-25

11. Expense Approval Register AP 3-17-25

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # IT-2025-03

AGENDA ITEM: A RESOLUTION APPROVING TYLER TECHNOLOGIES AS THE SOLE-SOURCE PROVIDER FOR THE CITY’S ENTERPRISE RESOURCE PLANNING (ERP) SYSTEM IN THE AMOUNT OF $392,184.00

DEPARTMENT: Information Services
DEPARTMENT HEAD: Sean Colt, Information Services & Technology Director STAFF CONTACT: Sean Colt, Information Services & Technology Director

RECOMMENDED ACTION: Adopt a resolution approving the proposal from Tyler Technologies, Inc., as the sole-source provider for the city’s ERP Systems, in the amount of $392,184.00 for the migration of the Tyler ERP PRO 10 On-Prem Enterprise System to the cloud, with annual support of $130,729.00 per year for the next 36 months extending through May 2028.

DISCUSSION: The city currently uses Tyler ERP PRO 10, Tyler Munis, and Tyler Incode Central (ERP PRO 9) software solutions to support a range of business functions across departments such as Building, Fire, Finance, and HR (including timekeeping and payroll).

The existing on-premises Tyler ERP system presents several challenges, including operational support costs, availability (uptime) issues, backup limitations, vulnerability to cyber threats, limited scalability, and the need for frequent updates and system upgrades.

These issues can result in increased downtime, security risks, and strain on IT resources.

Migrating to the SaaS cloud offer provides numerous benefits to city staff, including:

1. Cost Efficiency: Eliminates the need for costly hardware, on-site maintenance, and upgrades, reducing the total cost of ownership.

2. Scalability: The cloud system can easily scale to meet the growing needs of the city, offering flexibility to add or remove users and features as required.

3. Automatic Updates: SaaS solutions ensure that the system is always up to date, with security patches and new features being rolled out automatically.

4. Enhanced Accessibility: Cloud-based systems can be accessed from any device with an internet connection, enabling staff to work remotely and collaborate more efficiently.

5. Improved Security: SaaS providers implement strong security measures, including data encryption and regular backups, reducing the risk of data loss and security breaches.

The staff can enjoy a more reliable, secure, and efficient ERP system, leading to improved productivity and service delivery.

The city departments have allocated approximately $103,000.00 in the current fiscal year 2024/2025 for Tyler Technologies' operational support, with the funds distributed across accounts 101 (24%), 620 (38%), and 660 (38%). Tyler Technologies, as the sole -source

provider of the Enterprise Resource Planning (ERP) System, has submitted a proposal for a 36-month agreement totaling $392,184.00 for FY 2025/2026, FY 2026/2027, and FY 2027/2028. This agreement includes the implementation of Multi -Factor Authentication for ERP sign-on, enhancing our cybersecurity measures. The contract term extends through May 2028.

Therefore, staff recommend migrating the Tyler Enterprise Resource Planning (ERP) Systems to the cloud, integrated with Microsoft 365 for Single Sign-On (SSO) capability and supporting Multi-Factor Authentication (MFA), as the ongoing ERP solution for the City of Hollister through May 2028.

FISCAL IMPACT: $103,000.00 currently budgeted in Fiscal Year 2024/2025. Cost split across funds 101 - $24,720.00 (24%), 620 - $39,140.00 (38%), and 660 - $39,140.00 (38%). Budget amounts for the Fiscal Year 2025/2026 will increase by ~$30,000.00 and total of $392,184.00 for the next 3 years split over the same funds and percentages above.

PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution 2002-272 for initial purchase and service, approved by City Council, 04 November 2002

CEQA: N/A

ATTACHMENTS:

1. ERP Resolution

2. Tyler Technologies SaaS Quotation

3. Payment Services Agreement- Dt: 04/November/2002

4. City Resolution #: 2002-272, Dt: 4/November/2002

5. Software License Sales Agreement, Dt: 4/November/2002

6. Migration to Cloud SaaS solution (Benefits)

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSAL PROVIDED BY TYLER
TECHNOLOGIES, INC., AS SOLE-SOURCE PROVIDER FOR

ENTERPRISE RESOURCE PLANNING (ERP) PRODUCTS, IN THE
AMOUNT OF $392,184.00 FOR THE MIGRATION AND SUPPORT TO A SaaS SOLUTION OF MODULES SUPPORTING THE HUMAN

RESOURCES, FINANCE, FIRE, AND BUILDING, DEPARTMENTS
THROUGH MAY 2028

WHEREAS, in November 2002, the City Council approved an agreement with Tyler Technologies, Inc., to implement Tyler Technologies' Human Resources (HR), Finance, and Permit Management solutions as part of the City's Enterprise Resource Planning (ERP) software; and

WHEREAS, Tyler Technologies, Inc., is the sole owner of the solutions and technologies providing ongoing support and integration of Tyler Technologies product services; and

WHEREAS, the Tyler Technologies ERP solution has been an integral part of the City’s ERP system, supporting compliance with financial tracking, HR record-keeping, and employee management; and

WHEREAS, the migration and support of the Tyler Technologies ERP (Enterprise Resource Planning) software from on-premises to the Cloud as a SaaS (Software as a Service) solution that will span 4-6 months of environment migration and a total of 36 months support through May 2028, with a total cost of $392,184.00, to be split equally over FY 2024/25, FY 2025/26, and FY 2026/27 .

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopts a resolution approving the proposal provided by Tyler Technologies, Inc., as sole- source provider for Tyler Technologies products, in the amount of $392,184.00 for the next 36 months of migration and support of the Tyler ERP PRO 10 SaaS solution, through May 2028.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on April 7, 2025 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

Resolution No. 2025-XXX

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. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on April 7, 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 April 7, 2025

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

City of Hollister
Information Technology
Department
Tyler SaaS ERP
Architecture Review

AGENDA
•Objective
•Current Architecture
•Migration Path
AGEND
A
(Tyler ERP Migration to the Cloud)

To enhance operational efficiency and scalability by migrating the ERP system to a cloud-based platform, enabling real-time data access,reducing IT maintenance costs,and improving collaboration across departments,all while ensuring data security and compliance.

Assessment and Planning:
•Evaluate current ERP system functionality,
identify gaps, and determine cloud requirements.
•Conduct a cost-benefit analysis and create a
detailed migration roadmap with timelines and
resource allocation.

Select the Right Cloud Solution:
•Research and compare various cloud ERP vendors
based on scalability, features, security, and
compliance.
•Choose a solution that aligns with business needs and
supports integration with existing systems.

Data Migration and Integration:
•Develop a data migration strategy, including data
cleansing, mapping, and testing processes.
•Execute the migration, ensuring seamless integration
with other business applications and validating data
integrity.

Training and Change Management:
•Implement a training program for users to familiarize
them with the new system and its functionalities.
•Establish change management protocols to address
user feedback, facilitate adoption, and continuously
optimize the system post-migration.

Objective :
________________________________________________________________________________________

Current COH -ERP Environments & Operating Costs
_______________________________________________________________________________________ Environment Purpose Departments Environments Status Operating Costs / Yr Incode Tyler ERP PRO 10 Core HR & Financials

HCM (ESS), AP, AR, GL, FA,
PO, Utility Billing
•COH Employees
•Finance
•HR
PROD, TEST Hosted On-Prem $ 103,089.67
Incode Tyler ERP PRO 9 Enterprise Permitting &
Licensing (EnerGov)
•Building & Fire PROD, TEST Migration to ACCELA N/A -Account reflects that COH is currently live using
Accela for permitting /
planning; a 3rd party provider.

Tyler Munis The Enterprise Asset
Management, Asset
Maintenance module provides
an efficient, timely process for
correcting issues, managing
work orders
•Public Works PROD, TEST Migration in-progress to
“OpenGov -
CARTEGRAPH Asset
Management” software.

N/A –Not actively in-use
APP SVR -(Public IP)
OS -Windows (2016 Server) 64-bi
RAM -128 GB,
CPU -2 Intel Xeon 2640 -2.4 Ghz
Storage -C: 150 GB and D: 200 GB
Database (DB) SVR –(Private IP)
OS -Windows (2016 Server) 64-bit
RAM -128 GB
CPU -2 Intel Xeon 2640 -2.4 Ghz
Storage -C: 150 GB and D: 1.5 TB
SQL-Server Edition -2014 with Management Studio
On-Prem Architecture Hardware Specifications Yearly Operating Costs -Breakdown Proforma’s :-

ERP Environment Migration Process :

Migration On-Prem Tyler SaaS_______________________________________________________________________________________ Pro’s Con’s
Reduced IT Burden:

Reduces need for in-house
IT support and
maintenance
Data Security and
Compliance Concerns:

Data compliance needs
specifically for sensitive
government or public
sector data.

Automatic Updates:

Includes regular software
updates and feature
enhancements ensuring
access to the latest
functionality.

Dependence on Internet
Connectivity: A reliable
internet connection is
essential, any disruptions
in connectivity can impact
operations.

Scalability and Flexibility
: Allows easily to scale
usage and accommodate
growth without significant
upfront investments.

Potential Customization
Limitations: Less
flexibility for customization
compared to tailoring the
ERP to specific
organizational needs.

MFA (Multi-Factor
Authentication) : Easy
connect to Microsoft Entra
ID as IdP (Identify
Provider) enhancing user
access security.

On-Prem Tyler SaaS Cloud

________________________________________________________________________________________Recommendation :
One time migration to SaaS cloud supporting :
Migration logistics are taken care of/completed at the start of the project. An assigned Project Manager to go over scheduling as well as Go-Live dates. Unique URL for COH cloud environment.
Streamlined “lift and shift” process during this move. Tyler support team takes ownership of move from on-prem servers to SaaS environment. Migration Timeline -90-120 day timeframe.
All ERP PRO 10 modules migrated.
Cost Savings: Reduced upfront infrastructure costs and ongoing maintenance expenses, allowing for more predictable budgeting. Increased Accessibility: Users can access the system from anywhere with an internet connection, promoting remote work and collaboration. Enhanced Security : Includes robust security measures and compliance features, ensuring sensitive data is protected. Automatic Updates and Improvements: Benefit from continuous access to the latest features and enhancements without the need for manual updates.
Scalability: Easily adjust service levels based on changing organizational needs without significant investment in hardware or software. MFA Integration : Provide easy integration to an IdP (Identity Management) platform supporting SSO (Single Sign-On) capabilities.

Move to Tyler SaaS Cloud that enables real-time data access,reducing IT maintenance costs while ensuring data security and compliance.

SaaS Flip Quote

THANK YOU !!
•Sean / Ravikumar / Eric
•[email protected]

1 SOFTWARE AS A SERVICE AGREEMENT

This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement;

NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS

 “Agreement” means this Software as a Service Agreement.  “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
 “Client” means the City of Hollister, California.
 “Data” means your data necessary to utilize the Tyler Software.  “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary.
 “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
 “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary.
 “Developer” means a third party who owns the intellectual property rights to Third Party Software.
 “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation.  “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement.
 “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.  “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.

2  “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
 “Order Form” means an ordering document that includes a quote or investment summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto.
 “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.  “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services.  “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
 “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
 “Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
 “Third Party Products” means the Third Party Software and Third Party Hardware.  “Third Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
 “Third Party Services” means the third party services, if any, identified in the Investment Summary.
 “Third Party Software” means the third party software, if any, identified in the Investment Summary.
 “Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
 “Tyler” means Tyler Technologies, Inc., a Delaware corporation.  “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
 “we”, “us”, “our” and similar terms mean Tyler.
 “you” and similar terms mean Client.

SECTION B – SAAS SERVICES

1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms

3 and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download.

2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s).

3. Ownership.

3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.

3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.

4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.

5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

6. SaaS Services.

6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request, we will provide that same

4 information. If our SaaS Services are provided using a 3rd party data center, we will provide available compliance reports for that data center.

6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers.

6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored.

6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software.

Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer.

6.5 We test our disaster recovery plan on an annual ba sis. Our standard test is not client-specific.

Should you request a client-specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request.

6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data.

6.7 We provide secure Data transmission paths between each of your workstations and our servers.

6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel.

Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access.

6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the

5 Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

SECTION C – PROFESSIONAL SERVICES

1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary.

2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.

3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.

4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (b) any non-refundable travel expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within four (4) weeks of scheduled commitments.

5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.

7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts

6 to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).

9. Maintenance and Support. For so long as you timely pay applicable fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will:

9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);

9.2 provide support during our established support hours;

9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;

9.4 make available to you all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy.

We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes.

For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then- current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) week’s advance notice.

7 SECTION D – THIRD PARTY PRODUCTS

1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant access to the Third Party Software.

3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.

3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.

4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.

SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).

2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.

You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

8 SECTION F – TERM AND TERMINATION

1. Term. This Agreement is binding when signed. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the date we make the SaaS environment available to you, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.

2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2).

2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate.

2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3).

2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.

2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

9 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties, or your willful infringement.

1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.

2. General Indemnification.

2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.

We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.

4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS

AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED

ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE

10 LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE

PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET

IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED

UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION H – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.

3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

11 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.

Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.

7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.

8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.

11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.

12 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.

17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are

13 reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.

19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.

20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.

21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.

Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.

23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service . By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.

24. Contract Documents. This Agreement includes the following exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms - RESERVED

SIGNATURE PAGE FOLLOWS

14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of Hollister, California

By: By:

Name: Name:

Title: Title:

Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of Hollister
One Tyler Drive 375 5th
Yarmouth, ME 04096 Hollister, CA 95023-3876
Attention: Chief Legal Officer Attention: Ravikumar Donthi

Exhibit A

1 Exhibit A
Investment Summary

The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

2024-496004-H8W1N6 CONFIDENTIAL Page 1 Sales Quotation For:

City of Hollister
375 5th
Hollister CA 95023-3876
Ravikumar Donthi
+1 (831) 636-4312,,1025
[email protected]
Quoted BY Brandon Swanson
Quote Expiration 5/2/25
Quote Name SaaS Flip
Tyler Annual Software – SaaS
Description Annual
ERP Pro
ERP Pro 10 Financial Management Suite
Core Financials $ 27,401
Fixed Assets $ 2,281
Laserfiche Interface - Financial/Personnel Management $ 1,754 Human Resources Management (Includes Position Budgeting) $ 13,649 Employee Access Pro $ 0
Project Accounting $ 4,561
Employee Access Pro Time & Attendance $ 5,103
Purchasing $ 5,473
Accounts Receivable $ 4,306
ERP Pro 10 Customer Relationship Management Suite
Utility Billing Water/Gas $ 30,893
Additional Handheld Meter-Reader Interface [2] $ 3,217

2024-496004-H8W1N6 CONFIDENTIAL Page 2 Tyler Annual Software – SaaS
Description Annual
Cashiering $ 8,612
Laserfiche Interface - CRM - Maintenance $ 1,754
Database ERD Entity Resource Diagram $ 2,048
Work Orders $ 4,306
ERP Pro 9 Customer Relationship Management Suite
Business License $ 2,860
Tyler One
Content Manager Suite
Content Manager Core $ 12,510
TOTAL: $ 130,728
Term # of Years:3
Summary One Time Fees Recurring Fees
Total SaaS $ 130,728
Total Tyler Services
Summary Total $ 0 $ 130,728
Contract Total $ 130,728

2024-496004-H8W1N6 CONFIDENTIAL Page 3 Comments
3 Year-Term approved by Management.

Work will be delivered remotely unless otherwise noted in this agreement.

Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.

SaaS is considered a term of one year unless otherwise indicated.

Cashiering Cashiering supports credit/debit cards, is PCI Compliant, and includes a cash collection interface and a cashiering receipt import.

Core Financials Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure signatures.

Utility Billing Water/Gas Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader interface.

Content Manager Core Core includes Onboarding
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
•License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available accessible. •Fees for hardware are invoiced upon delivery.
•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware. •Annual Maintenance and Support fees are first payable when Tyler makes the software accessible to the Client, and SaaS fees, Hosting fees, and Subscription fees are first payable on the first day of the month following the date this quotation was signed (or if later, the commencement of the agreement’s initial term). Any such fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the agreement.

2024-496004-H8W1N6 CONFIDENTIAL Page 4 Fees for services included in this sales quotation shall be invoiced as indicated below. •Implementation and other professional services fees shall be invoiced as delivered. •Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module.
•Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered on a time and materials basis. •Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. •If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. •Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.

Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here: https://www.tylertech.com/terms/tyler-saas- services.

Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval:Date:

Print Name:P.O.#:

Exhibit A

Exhibit B

1 Exhibit B
Invoicing and Payment Policy

We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.

2. Other Tyler Software and Services.

2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.

2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.

2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.

2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.

Exhibit B

2 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.

2.7 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services set forth in the Investment Summary are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.

3. Third Party Products and Hardware.

3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.

3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then- current rates, upon each anniversary thereof.

3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.

3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.

4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.

5. Expenses. The service rates in the Investment Summary do not include travel expenses.

Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

6. Preexisting Annual Services Fees and Credit. You are responsible for payment of the then- current annual fees for preexisting annual services until the commencement of the initial SaaS Term, as indicated in Section F(1) of this Agreement. You will receive a credit for any prepaid

Exhibit B

3 fees for preexisting annual services replaced by SaaS services for the time period beginning on the commencement date of the initial SaaS Term through the end of the prepaid annual services term. These services may include, without limitation, annual maintenance and support, Tyler Systems Management, and Tyler Disaster Recovery. Those preexisting services are terminated as of the initial SaaS Term commencement date, as comparable services are included under this SaaS Agreement.

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].

Exhibit B
Schedule 1

1 Exhibit B
Schedule 1
Business Travel Policy

1. Air Travel

A. Reservations & Tickets

The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.

Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.

B. Baggage Fees

Reimbursement of personal baggage charges are based on trip duration as follows:

• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags

Baggage fees for sports equipment are not reimbursable.

Exhibit B
Schedule 1

2 2. Ground Transportation

A. Private Automobile

Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.

Employees who have been designated a home office should calculate miles from their home.

B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.

C. Public Transportation

Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.

D. Parking & Tolls

When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.

3. Lodging

Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.

“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.

Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.

Exhibit B
Schedule 1

3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.

4. Meals and Incidental Expenses

Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.

Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem .

Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.

A. Overnight Travel

For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.

Departure Day

Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon

Return Day

Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner

*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:

Breakfast 15%
Lunch 25%
Dinner 60%

B. Same Day Travel

Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*

*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

Exhibit B
Schedule 1

4 5. Internet Access – Hotels and Airports

Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.

6. International Travel

All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.

When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.

The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.

Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.

Exhibit C

1 Exhibit C

SERVICE LEVEL AGREEMENT

I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.

II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.

Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.

Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.

Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.

Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.

Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.

Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.

Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.

III. Service Availability

a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number.

Exhibit C

2 b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.

In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.

The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.

Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.

Client Relief Schedule
Actual Attainment Client Relief

99.99% - 98.00% Remedial action will be taken

97.99% - 95.00% 4%
Below 95.00% 5%

IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.

Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.

Exhibit C
Schedule 1

1 Exhibit C
Schedule 1
Support Call Process

Support Channels

Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.

A built-in Answer Panel provides users with resolutions to most “how-to” and configuration- based questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.

Support Resources

A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.

Support Availability

Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.

New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day

For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of

Exhibit C
Schedule 1

2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.

We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.

Incident Handling

Incident Tracking

Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.

Incident Priority

Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.

References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.

Priority
Level
Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.

Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.

Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the
Client in restoring its last available database.

Exhibit C
Schedule 1

3 3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall occur
at least quarterly. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available
database.
4 Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need

Incident Escalation

If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.

Remote Support Tool

Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.

Exhibit D

1 Exhibit D
Third Party Terms

Reserved

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Parks & Recreation-2025-04

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH VANIR CONSTRUCTION MANAGEMENT, INC. FOR PROJECT

CONSTRUCTION ACTIVITIES OF THE DUNNE PARK CLUBHOUSE RENOVATION PROJECT AND FIRE STATION #2 PARK

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the professional service agreement with Vanir Construction Management, Inc., focusing on project construction activities of the Dunne Park Clubhouse renovation project and Fire Station #2 Park and authorizing the City Manager to sign the amendment .

DISCUSSION: On January 17, 2023, the City Council, through Resolution 2023-06, authorized a professional service agreement with Vanir Construction Management, Inc., the lowest responsible bidder, focusing on project construction activities of the Dunne Park Clubhouse renovation project and Fire Station #2 Park. Vanir was chosen because of its innovative leadership and the creative approach to providing services that offer additional efficiencies and expedited timing.

FISCAL IMPACT: The City Council has approved an appropriation of $349,680.00 and a professional contract agreement with Vanir Construction Management, Inc. for construction management services that will assist staff with the two Prop 68 Grants awarded to the City by the California Department of Parks and Recreation.

PREVIOUS COUNCIL OR COMMISSION ACTION: On January 17, 2023, the City Council, through Resolution 2023-06, authorized a professional service agreement with Vanir Construction Management, Inc., focusing on project construction activities of the Dunne Park Clubhouse renovation project and Fire Station #2 Park.

CEQA: Completed at the time of the grant submission

ATTACHMENTS:

1. Resolution Approving Vanir Construction Management, Inc. Agreement

2. First Amendment to Vanir Construction Management, Inc. Agreement

3. Vanir Construction Management, Inc. Agreement and 2023 Amendment

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AMENDED GENERAL SERVICE AGREEMENT WITH
VANIR CONSTRUCTION MANAGEMENT, INC. FOR PROJECT

CONSTRUCTION ACTIVITIES OF THE DUNNE PARK CLUBHOUSE
RENOVATION PROJECT AND FIRE STATION #2 PARK AND

AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT

WHEREAS, City and Contractor have previously entered into an Agreement for the project construction activities of the Dunne Park Clubhouse Renovation Project and Fire Station #2 New Park Project dated January 18, 2023 (“Agreement”); and

WHEREAS, the term of the Agreement was January 18, 2023, through March 20, 2024; and

WHEREAS, City and Contractor desire to amend said Agreement to extend its term and continue their business relationship under the terms and conditions of the Agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize implementation of the following changes to the First Amendment of the Agreement as follows:

1. This First Amendment is added to the Agreement.

2. Section 3, “Term” – Notwithstanding the expiration of the Agreement on March 20, 2024, the Parties hereby agree to extend the term of the Agreement, commencing on March 20, 2024, and continuing until June 30, 2028, unless earlier terminated in accordance with the Agreement.

3. The Parties hereby ratify the Agreement and confirm that it shall be deemed to have remained continuously in effect from March 20, 2024, through the date of this First Amendment.

4. Except as herein amended, the Agreement shall remain in full force and effect.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on April 7, 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 F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on April 7, 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 April 7, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 FIRST AMENDMENT TO GENERAL SERVICES AGREEMENT WITH VANIR CONSTRUCTION MANAGEMENT, INC.

THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this seventh day of April 2025, by and between the City of Hollister, California, a municipal corporation (“City”), and Vanir Construction Management, Inc. (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for the project construction activities of the Dunne Park Clubhouse Renovation Project and Fire Station #2 New Park Project dated January 18, 2023 (“Agreement”);

WHEREAS, the term of the Agreement was January 18, 2023, through March 20, 2024; and

WHEREAS, City and Contractor desire to amend said Agreement to extend its term and continue their business relationship under the terms and conditions of the Agreement.

NOW, THEREFORE, the Parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This First Amendment is added to the Agreement.

2. Section 3, “Term” – Notwithstanding the expiration of the Agreement on March 20, 2024, the Parties hereby agree to extend the term of the Agreement, commencing on March 20, 2024, and continuing until June 30, 2028, unless earlier terminated in accordance with the Agreement.

3. The Parties hereby ratify the Agreement and confirm that it shall be deemed to have remained continuously in effect from March 20, 2024, through the date of this First Amendment.

4. Except as herein amended, the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this First Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER

BY:

David Mirrione, City Manager

2 APPROVED AS TO FORM:

BY:

Mary F. Lerner, City Attorney

VANIR CONSTRUCTION MANAGEMENT,
INC.

BY:
(Signature)

(Typed Name)

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Parks & Recreation-2025-05

AGENDA ITEM: A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.

FOR TREE TRIMMING AND RELATED SERVICES

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution approving an amendment to the professional services agreement with West Coast Arborists Inc., for tree pruning and related services and authorizing the City Manager to sign the amendment.

DISCUSSION: On May 17, 2021, the City Council, through Resolution 2021-90, authorized a professional service agreement with West Coast Arborists Inc., the lowest responsible bidder, focusing on Tree Pruning and Related Services. The term of the Agreement is July 1, 2024, through June 30, 2024, with the option to extend the contract for three (3) years in one-year increments. On June 4, 2024, the City of Hollister, through Resolution 2024-80, authorized amendment No. 1 to the Professional Services Agreement with West Coast Arborists, Inc., to expire on June 30, 2025.

FISCAL IMPACT: Funds budgeted across 101, 660, 709, and 712 to total $350,000.

PREVIOUS COUNCIL OR COMMISSION ACTION: On May 17, 2021, the City Council of the City of Hollister, through Resolution 2021-90, authorized a professional service agreement with West Coast Arborists Inc., the lowest responsible bidder, focusing on Tree Pruning and Related Services. The term of the Agreement is July 1, 2024, through June 30, 2024, with the option to extend the contract for three (3) years in one -year increments. On June 4, 2024, the City of Hollister, through Resolution 2024-80, authorized amendment No. 1 to the Professional Services Agreement with West Coast Arborists, Inc. to expire June 30, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution Approving Second Amendment to West Coast Arborists Agreement

2. Second Amendment to West Coast Arborists Agreement

3. West Coast Arborists (WCA) Resolutions, Agreement and Amendments

4. WCA City of Hollister 2025 2026 CPI Letter; the Agreement Exhibit B unit process shall increase by two point four percent (2.4%) beginning July 1, 2025

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING THE AMENDED GENERAL SERVICES AGREEMENT
WITH WEST COAST ARBORISTS, INC. FOR TREE PRUNING AND

RELATED SERVICES AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AMENDMENT.

WHEREAS, the City and Contractor have previously entered into an Agreement for Tree Pruning and Related Service, and (“Agreement”) dated May 17, 2021; and

WHEREAS, the term of the Agreement was July 01, 2021, through June 30, 2024, with the option to extend the contract for three (3) years in one-year increments; and

WHEREAS, the City and Contractor desired to amend said Agreement to extend its term and continue their business relationship under the terms and conditions of the Agreement until June 30, 2025; and

WHEREAS, the maximum increase in any contract year may not exceed 3.5%; and

WHEREAS, the City and Contractor desire to amend said agreement a second time to extend the term one year and to increase the contract prices according to the agreement Cost Adjustment Formula.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This Second Amendment is added to the Agreement.

2. Except as herein amended, the Agreement dated May, 17, 2017, shall remain in full force and effect.

3. The term of the Agreement shall expire on June 30, 2026.

4. The Agreement Exhibit B unit process shall increase by two point four percent (2.4%) beginning July 1, 2025.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on April 7, 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 F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on April 7, 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 April 7, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 SECOND AMENDMENT TO GENERAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC.

THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this seventh day of April 2025, by and between the City of Hollister, California, a municipal corporation (“City”), and West Coast Arborists, Inc. (“Contractor”).

WHEREAS, the City and Contractor have previously entered into an Agreement for Tree Pruning and Related Service, and (“Agreement”) dated May 17, 2021; and,

WHEREAS, the term of the Agreement was July 01, 2021, through June 30, 2024, with the option to extend the contract for three (3) years in one-year increments; and

WHEREAS, the City and Contractor desired to amend said Agreement to extend its term and continue their business relationship under the terms and conditions of the Agreement until June 30, 2025; and,

WHEREAS, the maximum increase in any contract year may not exceed 3.5%; and,

WHEREAS, the City and Contractor desire to amend said agreement a second time to extend the term one year and to increase the contract prices according to the agreement Cost Adjustment Formula.

NOW, THEREFORE, the Parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This Second Amendment is added to the Agreement.

2. Except as herein amended, the Agreement dated may, 17, 2017, shall remain in full force and effect.

3. The term of the Agreement shall expire on June 30, 2026.

4. The Agreement Exhibit B unit process shall increase by two point four percent (2.4%) beginning July 1, 2025.

IN WITNESS WHEREOF, the Parties have caused this First Amendment to Agreement to be executed on the date first above written.

CITY OF HOLLISTER

BY:

David Mirrione, City Manager

2 APPROVED AS TO FORM:

BY:

Mary F. Lerner, City Attorney

WESY COAST ARBORISTS, INC.

BY:
(Signature)

(Typed Name)

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Parks & Recreation 2025-07

AGENDA ITEM: A RESOLUTION AUTHORIZING A SUPPLEMENTAL
APPROPRIATION OF $184,000 AND AN INCREASE IN BUDGETED REVENUE OF $250,000 TO FUND 712 (CFD #4 PUBLIC FACILITIES) FOR UTILITY,

MAINTENANCE, REPAIR, AND PROFESSIONAL SERVICES EXPENSES

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Charles Wall, Parks and Recreation Director

RECOMMENDED ACTION: Adopt a resolution authorizing a supplemental appropriation of $184,000 and an increase in budgeted revenue of $250,000 to fund 712 (CFD #4 Public Facilities) for utility, maintenance, repair, and professional services expenses.

DISCUSSION: The current budget for Fiscal Year 2024/2025 does not include the necessary funds to meet contractual obligations, gas/electric bills, water/sewage bills, and backflow inspections and repairs, therefore, supplemental appropriations and a budget adjustment are required. An increase in appropriation of $184,000 is currently needed to complete the required activities in Fiscal Year 2024-25.

Additionally, an analysis of the projected revenue has been conducted, and staff are recommending an increase of $250,000 in assessment revenue.

FISCAL IMPACT:
 Increase of revenue of $250,000
o 712-1000-470001 (Assessments)
 Increase expenditure of $184,000
o 712-8050-730000 (Professional Services) $114,000
o 712-8050-725001 (Gas/Electric) $38,000
o 712-8050-725005 (Water/Sewage) $26,000
o 712-8050-710040 (Repairs/Maintenance) $6,000

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Budget Adjustment Request Form

RESOLUTION NO. 2025-XX

A RESOLUTION AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF $184,000 AND AN INCREASE IN BUDGETED REVENUE OF $250,000 TO FUND 712 (CFD #4

PUBLIC FACILITIES) FOR UTILITY, MAINTENANCE, REPAIR, AND

PROFESSIONAL SERVICES EXPENSES

WHEREAS, the current budget for Fiscal Year 2024/2025 does not include the necessary funds to meet contractual obligations, gas/electric bills, water/sewage bills, and backflow inspections and repairs; and

WHEREAS, Fund 712 (CFD #4 Public Facilities) has available funds; and

WHEREAS, $184,000 is needed to cover the shortages within the Fund 712 budget; and

WHEREAS, the budget amendment would increase Fund 712 Professional Services account $114,000, Fund 712 Gas/Electric account $38,000, Fund 712 Water/Sewage account $26,000, and Fund 712 Repairs/Maintenance account $6,000, a total of $184,000; and

WHEREAS, an analysis of the projected revenue has been conducted, and staff are recommending an increase of $250,000 in assessment revenue.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the use of Fund 712 (CFD #4 Public Facilities) for $184,000 and an increase in the Fiscal Year 2024/2025 budget in line items 712-8050-73000 (Professional Services) by $114,000, 712-8050-725001 (Gas/Electric) by $38,000, 712-8050-725005 (Water/Sewage) by $26,000, and 712-8050-710040 (Repairs/Maintenance) by $6,000.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on April 7, 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 F. Lerner, City Attorney

Resolution No. 2025-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meet ing held on April 7, 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 April 7, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Docusign Envelope ID: 091B86D4-AFE2-4E3F-AE8E-6B752C85F1CC 3/24/2025 | 4:31:17 PM PDT
3/25/2025 | 9:27:20 AM PDT
712 1000 470001 Assessments 250,000.00

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Community Development-2025-20

AGENDA ITEM: AN ORDINANCE APPROVING AN AMENDMENT TO TITLE 13 PUBLIC SERVICES TO ADOPT CHAPTER 13.04 TITLE X, OUTSIDE SEWER

CONNECTIONS

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

RECOMMENDED ACTION: Hold a public hearing and introduce the ordinance. If approved by the City Council, adoption of the ordinance would be scheduled for the next regular meeting on April 21, 2025.

DISCUSSION: The current Municipal Code does not include standards or regulations regarding requests to connect a property located outside of the City Limits to the City’s sanitary sewer system. The City has reviewed and approved past requests inconsistently because this type of request is not currently included in the Municipal Code and therefore no procedures or regulations have been adopted for these applications.

As part of the City’s ongoing effort to ensure that all projects are reviewed consistently and to provide property owners and applicants with clear regulations, submittal requirements, and review procedures, staff has drafted an Ordinance (Chapter 13.04, Article X. – Outside Sewer Connections) for consideration for inclusion into the Municipal Code. This new Municipal Code section will clearly establish the criteria for connecting to the City’s sewer system, general applicable regulations, a requirement for an Outside Sewer Service and Annexation Agreement, Application submittal requirements , and established review procedures for these types of requests.

The following is an explanation of the new Article X. – Outside Sewer Connections of Chapter 13.04 – Sewer Service System.

Purpose:

From time to time, property owners outside of the Hollister City Limits request a connection to the City’s sanitary sewer system. Most property owners request a sewer connection because the existing septic system on their property is at risk of failure. In some cases, repair or replacement of the septic system is not possible and the City’s sewer system is the closest service provider. In the past, the City has approved such requests. Staff recommend allowing requests of this type to continue with the establishment and support of clear procedures and requirements that will allow for consistent review and processing.

Outside Sewer Service Connection Criteria (Section 13.04.810):

This Section has been drafted to allow for two types of outside sewer service connections.

Within the Sphere of Influence and Contiguous to the City Limits

For properties which are outside of the City, within the Sphere of Influence, and are contiguous to the City Limits, staff recommend that a connection be allowed if the applicant property owner provides official certification from the San Benito County Environmental Health Services Division that the property’s existing septic system is at risk for failure, demonstrates the need for a connection is not the result of illegal construction or an illegal subdivision, and submits an application for prezoning and annexation into the City concurrently. Typically, requests of this type would require approval of annexation prior to connection. However, staff recommend that these types of connections be allowed to move forward while the property owner is working concurrently on prezoning and annexation which can be a lengthy process. This will allow the outside connection to serve in the interim to prevent or resolve an emergency failure of the existing system but will also require the simultaneous processing of annexation of the property into the City limits.

Outside the Sphere of Influence or Not Contiguous to the City Limits

For properties which are outside of the City, outside of the Sphere of Influence, and not contiguous to the City Limits, staff recommend that a connection be allowed if the applicant property owner provides official certification from the San Benito County Environmental Health Services Division that the property’s existing septic system is at risk for failure, demonstrates the need for a connection is not the result of illegal construction or an illegal subdivision, and submits evidence from the San Benito County Local Agency Formation Commission that the connection is authorized in accordance with Government Code Section 56133.

Additionally, the property owner must enter into an Outside Sewer Service and Annexation Agreement with the City which will establish a requirement that the property would be annexed into the City at such time that the property becomes contiguous.

Under these provisions, developed or underdeveloped properties which do not meet the above criteria may only connect to the City’s sewer system following City Council approval of a prezoning application and annexation into the City, pursuant to the requirements of Section 17.24.250 of the Municipal Code. Connection to the City’s sewer system to allow developments to be constructed outside of the City would not be allowed.

General Regulations (Section 13.04.820):

This section of the draft Ordinance further establishes the requirement for prezoning and annexation of the subject property, requirement for the property owner to pay for all cost s associated with the connection/construction, and the requirement that future constriction complies with the provisions of the Hollister Municipal Code to ensure that there are no future impacts to the City’s sewer system.

Outside Sewer Service and Annexation Agreement (Section 13.04.830):

In connection with a request for a connection to the City’s sewer system from outside of

the City Limits, the owner of the property will be required to enter into an irrevocable Outside Sewer Service and Annexation Agreement with the City. The Agreement shall include the following:

 Agreement that the property owner will annex into the City when the property becomes contiguous to the City.
 For properties that are currently contiguous and whose owner has applied for a prezoning and application, an agreement that the owner will annex into the City within one year of the approval of the sewer connection.  Requirement that construction and design will meet all City design requirements and standards.
 Agreement to apply for and receive all required Building Permits from the City of Hollister
 Agreement to not construct any future dwellings prior to annexation.  Agreement to not subdivide the property prior to annexation.  Agreement to pay all fees associated with permits, construction, review, connection, and installation.

Outside Sewer Service Connection Application (Section 13.04.840):

Property owners who wish to apply for an outside sewer connection shall be required to submit an application, application fee (currently $4,119.44), and application materials listed in this section to the City of Hollister Community Development Department Planning Division. Property owners shall also be required to enter into an Outside Sewer Service and Annexation Agreement and record a Deed Restriction on the property which will notify any future property owners of the requirements of Article X. – Outside Service Connections and that there is an Outside Sewer Service and Annexation Agreement for the property.

Review of Outside Sewer Connection Application (Section 13.04.850):

All applications for an outside sewer connection will be acted upon by the City Council.

The City Council can approve the request if the following findings can be made:

1. There is sufficient capacity in the trunk lines and at the treatment plant to adequately provide sewer service to the property as determined by the City.

2. The Applicant has submitted a complete Prezoning Application and an annexation is anticipated to occur within the next year or, if annexation of the property is not possible because the site is not contiguous to the City Limits, the Applicant has entered into an Outside Sewer Service and Annexation Agreement.

3. The property meets the requirements for eligibility under Section 13.04.810.

4. The San Benito County Environmental Health Services Division has determined that the existing septic system(s) is at risk for failure and no remedy other than connection to City sewer is available.

5. The outside sewer connection is necessary to protect the public from health and safety impacts related to septic failure.

6. The Applicant(s) have entered into an irrevocable Outside Sewer Service and Annexation Agreement agreeing to annex to the City at such time as deemed necessary by the City, to be specified in the agreement.

Conclusion:

Staff recommend that property owners outside of the City Limits be allowed to connect to the City’s sewer system to protect the health and safety of the community by limiting health impacts related to septic system failures. In the past, the City has reviewed requests for outside sewer connections inconsistently because the Municipal Code does not include any provisions regarding these requests. The proposed amendment to the Municipal Code to include Title X. – Outside Sewer Connections to Chapter 13.04, Sewer Service Systems Title X will provide staff and residents with clear regulations, submittal requirements, and review procedures to ensure that all requests are consistently reviewed and reflect the needs of residents.

This ordinance will not, however, allow for outside service connections for new development projects or undeveloped property.

FISCAL IMPACT: $0.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: The proposed ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines because the proposed ordinance will not result in any direct physical change to the environment, and any future projects or connections subject to the provision s of the ordinance will be subject to the requirements of CEQA and analyzed on a per-project bases (CEQA Guidelines Section 15378).

ATTACHMENTS:

1. Ordinance approving the Amendment to Title 13, to add Chapter 13.04 Title X

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING AN
AMENDMENT TO TITLE 13 PUBLIC SERVICES TO ADOPT CHAPTER

13.04 TITLE X, OUTSIDE SEWER CONNECTIONS

WHEREAS, the City occasionally initiates amendments to the Municipal Code to ensure that the Municipal Code reflects the needs of the City; and

WHEREAS, the Municipal Code currently does not include any provisions or procedures related to connections to the City’s sanitary sewer system from outside of the City limits; and

WHEREAS, connections to the sanitary sewer system may be necessary in order to ensure that there are no health or safety impacts related to septic system failure to residents; and

WHEREAS, a staff report was submitted to the City Council of the City of Hollister recommending approval of the proposed Municipal Code Amendment; and

WHEREAS, proper notice of the hearing was given as required by law; and

WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and

WHEREAS, the City Council of the City of Hollister hereby makes the following finding regarding the California Environmental Quality Act:

1. The California Environmental Quality Act (CEQA) together with State Guidelines, require that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed amendment to the Municipal Code is exempt from the requirements of CEQA, because the proposed amendment will not result in any direct physical change to the City, and any future connections to the City’s sanitary sewer system will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 105378).

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

SECTION 1: The Hollister Municipal Code is hereby amended to add Title 13, Article X – Outside Sewer Connections, to read as follows:

TITLE 13: SEWER SERVICE SYSTEM
ARTICLE X. - OUTSIDE SEWER CONNECTIONS

13.04.800 Purpose

Ordinance No. XXXX

This chapter establishes requirements for the extension of sanitary sewer connections outside of the city limits and is intended to:

A. Protect public health and safety by establishing standards for sewer connections for residential, commercial/industrial, or lands of other uses into the City’s sanitary sewer system; and

B. Remedy the public health and safety impacts of failed on-site solid sewer systems.

13.04.810 Outside Sewer Service Connection Criteria

A. Property contiguous to the City and within the Sphere of Influence. City sanitary sewer service may be provided on developed property contiguous to the City and located in the unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted sphere of influence of the City with approval of the City Council under the following circumstances:

1. Submittal of certification from the San Benito County Environmental Health Services Division that the existing septic or other sewer system is failing, and a dangerous public health problem exists, no other on -site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and

2. The need for the sanitary sewer connection is not the result of illegal construction or an illegal subdivision; and

3. The applicant for sewer service connection has submitted a prezoning and annexation application in accordance with Section 17.24.250.

B. Property not contiguous to the City and/or outside of the Sphere of Influence. City sanitary sewer service may be provided on developed property which is not contiguous to parcels located in the City and/or is located outside of the LAFCo adopted sphere of influence of the City with approval of the City Council under the following circumstances:

1. Submittal of certification from the San Benito County Environmental Health Services Division that the septic or other sewer system is failing, and a dangerous public health problem exists, no other on -site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and

2. The need for the sanitary sewer connection is not the result of illegal construction or an illegal subdivision; and

Ordinance No. XXXX

3. The applicant for a sewer service connection has submitted evidence from the San Benito County Local Agency Formation Commission (LAFCo) that the connection is authorized in accordance with Government Code Section 56133; and

4. The applicant for a sewer service connection shall provide for future annexation in accordance with Section 17.24.250 of the Municipal Code by entering into an irrevocable Outside Sewer Service and Annexation Agreement to annex to the City.

C. City sanitary sewer service on developed properties which do not meet the criteria of subsection A or B of this section and on undeveloped properties shall only be provided in conjunction with, and subsequent to, prezoning and annexation pursuant to Section 17.24.250 of the Municipal Code.

13.04.820 General Regulations

A. Connections to Sanitary Sewer. The parcel shall be connected to the City’s sanitary sewer in accordance with the requirements of and subject to the satisfaction of the Community Development Director. All costs associated with the installation of new sewer systems, both on-site and off-site, and including any laterals, shall be at the property owner’s expense. This includes all City fees, such as sewer impact fees, plan check fees, permit fees, inspection fees, annual service charges, fees for the preparation of all associated agreements, and all other required City fees.

B. Prezoning and Annexation.

1. Properties applying under Section 13.04.810(A) shall be prezoned pursuant to Section 17.24.250 of the Municipal Code and annexed into the City within one year of approval of outside sewer connection.

2. Properties applying under Section 13.04.810(B) shall annex into the City pursuant to the irrevocable Sewer Service and Annexation Agreement.

C. Nonconformities. Nonconforming uses, structures and lots with an outside sewer service connection are subject to the provisions of Section 17.24.220, Nonconforming Uses and Structures, of the Hollister Municipal Code.

D. Conveyance by Sanitation District. When the connection to the City’s sanitary sewer requires conveyance through another sanitation district, the subject parcel shall contract with the available sanitation district and all appropriate fees for connection, maintenance, and use shall be paid. Such conveyance shall only be applicable to those parcels in the vicinity of such a district and conveyance is feasible as determined by the City Engineer and Public Works Director.

Ordinance No. XXXX

E. Other Regulations. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City’s General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with.

13.04.830 Outside Sewer Service and Annexation Agreement

A. In connection with the application for an outside sewer service connection, the City and all parties with right, title, or interest in the property shall enter into an irrevocable Outside Sewer Service and Annexation Agreement with the City in a form satisfactory to the City Attorney and the Director of Community Development.

B. The Agreement shall include the following:

1. Agreement that the property will be annexed into the City at such time that the property becomes contiguous to the City, or if currently contiguous to the City, agreement to annex the property into the City within one year of the approval of the Outside Sewer Service Connection Application approval.

2. Specifications to ensure compliance with all city design and construction standards related to the sewer extension and connection.

3. Agreement to apply to and receive approval from the City of Hollister for Building Permits, or other entitlements as required, prior to any future construction or improvements on the property. All construction and improvements shall comply with the Hollister Municipal Code.

4. Agreement not to construct any future dwellings, structures , or Accessory Dwelling Units prior to the property being annexed into the City.

5. Agreement not to subdivide the property prior to annexation into the City.

6. Agreement to pay all required fees including, but not limited to, the following:

a. Planning and building permits, with associated fees, to the City as a condition of building permit issuance as required by Section

13.04.310.

b. All City and other sanitation district sewer impact and connection fees.

Ordinance No. XXXX

c. All fees associated with the preparation of agreements, including the Outside Sewer Service and Annexation Agreement and any reimbursement agreement.

d. All costs and fees associated with the sewer connection, including but not limited to installation of all necessary pipes and appurtenances.

7. All other terms deemed necessary by the City.

13.04.840 Outside Sewer Service Connection Application

A request for outside service connection shall be made by an application for each property where an outside connection is requested. One Application must be received for each parcel that is requesting an outside sewer service connection. Applications shall include:

A. Application Form. The Applicant(s) shall submit a complete application on a form prescribed by the City, and all the following:

1. The property address, Assessor Parcel Number, and names of the property owner(s).

2. A legal description of each parcel.

3. A map drawn to scale showing the proposed extension of sanitary sewer lines, the number of service connections, and their locations.

4. A study indicating the state of the existing septic tank, likelihood of potential failure, and if any improvements to the existing septic tank cou ld be made to avoid failure.

5. Certification from the San Benito County Environmental Health Services Division that the existing septic or other sewer system is failing, and a dangerous public health problem exists, no other on-site disposal system is feasible and that the only available remedy is connection to an existing public sewer system.

6. Evidence from LAFCo that the connection is authorized in accordance with Government Code Section 56133.

7. Any other documentation deemed necessary by the City Engineer or Community Development Director.

B. Outside Sewer Service and Annexation Agreement. Signed Agreement for each parcel included in the request for an outside sewer connection.

Ordinance No. XXXX

C. Deed Restriction. Prior to the issuance of any permit for the project, the Applicant(s) shall record a restrictive covenant in the form prescribed by the City, on each property to receive sewer service, which shall run with the land specifying the following:

1. The property may only be subdivided in accordance with the City’s Subdivision Ordinance standards; and

2. A prohibition on sewer connection(s) to additional dwellings or other structures prior to annexation to the City; and

3. The property is subject to annexation pursuant to the terms of the Outside Sewer Service and Annexation Agreement; and

4. All future property owners are subject to the terms of the Outside Sewer Service and Annexation Agreement.

13.04.850 Review of Outside Sewer Connection Application

A. An Application for an Outside Sewer Connection shall be considered by and acted upon by the City Council only if all of the following findings can be made:

1. There is sufficient capacity in the trunk lines and at the treatment plant to adequately provide sewer service to the property as determined by the City.

2. The Applicant has submitted a complete Prezoning Application and annexation is anticipated to occur within the next year, or annexation of the property is not possible because the site is not contiguous to the City and the Applicant has entered into an Outside Sewer Service and Annexation Agreement.

3. The property meets the requirements for eligibility under Section

13.04.810.

4. The San Benito County Environmental Health Services Division has determined that the existing septic system(s) is at risk for failure and no remedy other than connection to City sewer is available.

5. The outside sewer connection is necessary to protect the public from health and safety impacts related to septic failure.

6. The Applicant(s) have entered into an irrevocable Outside Sewer Service and Annexation Agreement agreeing to annex to the City at such time as deemed necessary by the City, to be specified in the agreement.

Ordinance No. XXXX

B. Conditions of Approval. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City’s General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with.

C. LAFCo Application. Upon approval of the Outside Sewer Connection Request by the City Council, the City shall coordinate the filing of an Out-of-Agency Service Request application to the San Benito County LAFCo for consideration. All fees shall be paid and any additional information or materials required shall be provided by the applicant. It shall be the applicant’s responsibility to provide payment or materials requested by either the City or LAFCo to facilitate the LAFCo approval of the service connection.

SECTION 2. Section 13.04.060 of the Hollister Municipal Code is repealed in its entirety.

SECTION 3. 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 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 5. 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 April 7, 2025, and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on April 21, 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

Ordinance No. XXXX

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 April 21, 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 April 21, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Community Development-2025-22

AGENDA ITEM: URBAN GROWTH BOUNDARY PRESENTATION

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

RECOMMENDED ACTION: Receive the presentation and provide direction to staff.

DISCUSSION: At the February 18, 2025 regular City Council meeting, the City Council directed staff to provide a presentation on Urban Growth Boundaries. Staff have contracted with David Early from Placeworks under the City’s on-call planning services professional services agreement to prepare and provide a high-level informational presentation on Urban Growth Boundaries for the City Council.

FISCAL IMPACT: The cost for this requested consultation with Placeworks for this item was issued under a not-to-exceed task order amount of $7,500, which is within the current Professional Services budget of the Planning Division. Should the City Council direct staff to work further on implementation of an Urban Growth Boundary, this will be a significant project undertaking and a specific scope of work, timeline, and budget would need to be prepared and brought back to the Council for future consideration.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: This presentation does not constitute a project under CEQA.

ATTACHMENTS: None.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # City Manager-2025-21

AGENDA ITEM: PROPOSED FIRE PROTECTION SERVICES CONTRACT

AMENDMENT TERMS WITH THE COUNTY OF SAN BENITO AND THE CITY OF

SAN JUAN BAUTISTA

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

RECOMMENDED ACTION: Receive report and provide City Manager direction regarding the Fire Protection Services contract amendment terms with the County of San Benito and the City of San Juan Bautista.

DISCUSSION: Since 2013, the City of Hollister has provided fire protection services via a contract to the County of San Benito and the City of San Juan Bautista. Since the inception of the first contracts, the contracts were renegotiated in 2016 and 2019. At the request of the City Council, staff provided a presentation regarding the fire services contracts on May 6, 2024. On June 4, 2024, the City Council expressed the intent to issue a notice of termination regarding the fire services contracts with the County of San Benito and the City of San Juan Bautista. To comply with Council’s direction, staff drafted the necessary resolution and notices of termination and received approval from t he City Council on June 18, 2024 to issue the notices. These notices were issued on June 20, 2024 and would adjust the termination date of the contracts from December 31, 2025 to March 17, 2025. These documents formally informed the respective agencies of the City’s intention to terminate the fire services contracts; however, the notices also indicated that the City was willing to work with the agencies in lieu of termination. City staff then worked with the staff from both agencies to renegotiate the terms of the contracts.

On January 7, 2025, the City Council created an ad-hoc committee to negotiate the fire protection contracts and appointed Mayor Stephens and Councilmember Resendiz to serve on the committee. On January 21, 2025, the City Council directe d the City Manager to rescind both 270-day termination notices. By rescinding the notices, the contracts are now set to expire on their original expiration date of December 31, 2025. Since the current contracts have provisions to automatically extend an additional calendar year if the contracts are not terminated per the contract terms, the City Council will need to agree to an amendment or issue a new 270-day notice prior to April 5, 2025 to prevent the contracts from being automatically extended.

Concurrently to the negotiations, the three jurisdictions have partnered to conduct a Fire District Feasibility Study with the City of San Juan Bautista serving as the lead agency.

The City of San Juan Bautista issued a Request for Proposals for the study and recently awarded a contract to Baker Tilly. This project will be overseen by the Fire Protection Advisory Committee, which is comprised of two elected officials from each of the three jurisdictions.

Since the formation of the City of Hollister’s ad-hoc committee, negotiations have been actively underway. As a result of these negotiations, the ad -hoc committee finalized a set of proposed terms for both the County of San Benito and the City of San Juan Bautista contract amendments which are included as attachments to this agenda item along with the current fire protection contracts for both agencies. These amendments were presented to the City Council at its March 17, 2025 meeting and consensus was reached to bring the amendments back to Council for approval of the proposed terms.

On March 18, 2025, the County of San Benito Board of Supervisors convened via a special meeting to review and discuss the proposed amendment terms. The Board of Supervisors voted to provide staff direction to return to legal to review and to return Amendment #1 for Board review and approval. On March 20, 2025, the County of San Benito Board of Supervisors convened via a special meeting to consider the approval of Amendment #1 to the Fire Protection Services Agreement and pro vide staff direction if desired. The Board of Supervisors voted to approve the amendment contingent upon removal of the paragraph included in Section 1.C of the amendment that references the ability of the City of Hollister to “brown out” Station 3 at its sole discretion.

At the March 18, 2025 San Juan Bautista City Council meeting, the San Juan Bautista City Council reviewed and discussed the proposed amendment terms. The San Juan Bautista City Council voted to reject the proposed amendment, requested the ir fire negotiations ad-hoc committee hold negotiations with both the City of Hollister’s and the County of San Benito’s fire negotiation ad -hoc committees, and to include the City of Hollister Fire Chief, the Interim City Manager of San Juan Bautista, and the City Manager of Hollister in these negotiations.

At the March 21, 2025 Special Meeting of the Hollister City Council, staff provided a report regarding the requests of both the County of San Benito and the City of San Juan Bautista. Staff also provided an update regarding potential options moving forward. Upon reviewing the potential options, receiving public comment, and holding a discussion, the City Council directed the City Manager via consensus on the option below.

Option E
 Minimum 3-0 staffing at stations
 Prepare set of proposed terms that treat the County and City of San Juan Bautista as one partner
 One comprehensive price and set of terms
 Terms prepared in partnership with the Hollister Fire Negotiations Ad -Hoc Committee, Fire Chief, Fire Union President, and City Management  County of San Benito and San Juan Bautista to work together to develop partnership to meet the proposed terms of the City of Hollister  Each agency provides City of Hollister with one-time payment for Fiscal Year 2024- 25 within 30 days to compensate the City of Hollister for the financial impact during the ongoing negotiating process
 Issuance of 270-day termination notices to the County of San Benito and the City of San Juan Bautista
 Inclusion of 90-day provision to complete negotiations

During prior legal review of the Contracts, it was determined that they would terminate on the 270th day after the provision of notice. This assessment remains correct; however, upon additional review and reassessment of potential implications regarding such notice, it was the recommendation of the City Attorney that the 270-day notice should be provided in a manner that ensures the 270-day expiration will occur within the current contract term. This approach provided greater procedural clarity and reduced potential complications related to the termination process.

Although it was the original intention of the City Council to consider all components of Option E concurrently at the April 7, 2025 Hollister City Council meeting, upon legal review, it was determined that the 270-day notice of termination should be issued separately, as described above, to ensure proper alignment with contractual timelines.

This procedural necessity required staff to bring the termination notices forward for approval at the March 24, 2025 Special Meeting of the Hollister City Council. The termination notices were unanimously approved and the notices were issued on March 25, 2025.

Since receiving direction at the March 21, 2025 Special Meeting of t he Hollister City Council, the City of Hollister’s Fire Negotiations Ad-Hoc Committee (Mayor Stephens and Councilmember Resendiz) have been meeting with the City Manager, Fire Chief, and the President of the Firefighters’ Union, to develop the proposed terms that align with Option E.

Past analysis of the cost of providing services to Hollister’s partner agencies primarily focused on the time that Fire Department personnel spent on calls. To offer a different perspective, staff evaluated the perceived advantage to the City of Hollister of having four (4) stations/fire companies that could respond within the City, compared to having only two (2) stations if the City did not provide fire services to the County of San Benito and City of San Juan Bautista. This analysis included all calls from January 1, 2022, through March 28, 2025.

Staff evaluated the perceived benefit to the City of Hollister using a comprehensive two - step methodology. This analysis began with identifying which station was dispatched as the primary responding unit for each call and determining which jurisdiction received the service.

The first step in the analysis involved determining the total net cost of providing fire services. Staff began with the total fire department budget for the year. From this budget, they subtracted all collected revenue. They also subtracted projected revenue expected for the remainder of the year. Contract payments from partner jurisdictions (County and City of San Juan Bautista) were also subtracted. This calculation produced the total net cost of fire services that needed to be allocated among the three jurisdictions.

To fairly determine the City's proportional benefit from fire services, staff performed two distinct calculations. In the first approach, staff attributed to the City of Hollister all calls originating from Stations 1 and 2, regardless of where those units actually responded.

Additionally, any calls where Stations 3 and 4 responded to incidents within City limits were included. This produced a percentage of total calls that could be attributed to the City based on station origin plus in-City responses.

The second calculation focused exclusively on where incidents occurred. All incidents occurring within City limits were attributed to the City, regardless of which station responded. Incidents outside City limits were attributed to the appropriate partner jurisdiction. This produced a percentage based purely on geographic location of incidents.

Staff then averaged these two percentages to d etermine the “perceived benefit” to the City of Hollister. This average percentage was applied to the remaining net cost of fire services (the total budget minus all revenues and contract payments). After accounting for all current payments from partner jurisdictions, staff calculated that the remaining balance was $3,914,711. This amount was rounded down to determine the shortfall in combined payments from the partner agencies, meaning these jurisdictions were not covering their proportional share of costs based on the benefit they received. This methodology provides a balanced approach that considers both station utilization and geographic service distribution when determining the equitable cost allocation among the three jurisdictions.

Based on this methodology, the Fire Negotiations Ad-Hoc Committee has developed the following terms and will present these terms to the City Council for discussion and direction and are as follows:

Option E: Proposed Terms

 Fiscal compensation based on Fiscal Year
 Fiscal Year 2025-26 Compensation increase for both County of San Benito and City of San Juan Bautista:
o $3,900,000 increase for Fiscal Year 2025-26
o Annual cost escalator: 8.0%
o New combined compensation rate with cost share to be determined amongst the County of San Benito and the City of San Juan Bautista.  Fiscal Year 2025-26: $6,520,945
 Fiscal Year 2026-27: $7,042,621
 Fiscal Year 2027-28: $7,606,031
 One-time payment
o $1,150,000 to assist in the offset of fire services costs during Fiscal Year 2024-25. This is due to the prolonged negotiation period.  Term End Date:
o June 30, 2028
 Lease and Utilities at San Juan Bautista Fire Station #4 o Section D-6 of Attachment D (“Specific Terms and Conditions”) of San Juan Bautista’s Agreement entitled “Facility Agreement” to be removed in its entirety and no longer be in effect.
 Impact Fees
o Allow for reimbursement for allowable expenses per both agencies impact fee study. Reimbursements allowable from the effective date of studies through the end of the term
 Development Review and Inspection Fees
o County and City of San Juan Bautista to reimburse City of Hollister quarterly for all fees collected by County for development review and inspections per

City of Hollister current fee schedule at the time of service delivery.  Santa Cruz Regional 911
o County shall reimburse City of Hollister for SCR911 County ambulatory expenses charged to the City of Hollister since January 1, 2019, which were previously to have been reimbursed by County. Reimbursement to be made within ninety (90) days of receiving the final calculations from SCR-911. o Additionally, parties shall collaborate with the Santa Cruz County Regional 9-1-1 Dispatch Center to develop and implement protocols that effectively prioritize emergency service calls within San Benito County. These protocols shall aim to reduce unnecessary public service calls, false alarms, and long-distance resource dispatches. The parties acknowledge that service levels within the incorporated areas of Hollister and San Juan Bautista will exceed those provided to unincorporated areas of San Benito County. In non-exigent circumstances, as determined by established dispatch protocols, EMS ambulances may be dispatched without accompanying firefighting resources.
 Any additional cost recovery efforts implemented by the City of Hollister will not result in a reduction of compensation from the County of San Benito or the City of San Juan Bautista.
 Termination provision
o 270-day notice required
o The intrinsically interdependent nature of fire services between San Juan Bautista and the County of San Benito creates a situation where neither entity can effectively maintain adequate service levels independently. This interdependence is evident in the shared personnel, equipment, training resources, dispatch systems, and mutual aid arrangements that have evolved to serve our communities efficiently. To protect both jurisdictions from severe operational disruptions, unsustainable cost increases, and potential public safety compromises that would result from unilateral withdrawal, the City's proposal must include robust mutual cancellation provisions whereby termination by one party (County of San Benito or San Juan Bautista) automatically triggers service cancellation for both entities.

This approach recognizes the practical reality that our current service model’s financial viability and operational effectiveness depend on continued participation from both the City of San Juan Bautista and the County of San Benito, with neither entity possessing the independent capacity to maintain equivalent service levels without the other's involvement in the established collaborative framework.

Upon approval of proposed terms by the Hollister City Council, staff will deliver the proposed terms to the County of San Benito and the City of San Juan Bautista. The County of San Benito and the City of San Juan Bautista would t hen determine how they propose to share the proposed costs. The City would then add the new cost share ratios along with the other proposed terms into new contract amendments with both parties.

One condition of Option E is a 90-day negotiation period upon approval of the proposed terms by the Hollister City Council. If the 90-day negotiation period lapses prior to reaching an agreement with the County of San Benito and the City of San Juan Bautista, the City of Hollister will continue to provide services until the expiration of the agreement

on December 20, 2025.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: March 21, 2025: City Council directed the City Manager to prepare notices of termination for the fire protection services agreements with the County of San Benito and City of San Juan Bautista for consideration at a future meeting.

Additionally, the City Council directed the City of Hollister’s Fire Services Contract Negotiations Ad-Hoc Committee, in consultation with the Hollister’s Fire Chief, Hollister Firefighters’ Association Local 3395 President, and City management, to prepare a proposal based on Option E for the continuance of fire protection services in the unincorporated areas of San Benito County and the City of San Juan Bau tista for the Hollister City Council’s review at its April 7, 2025 meeting.

March 24, 2025: City Council approved the issuance termination notices to the County of San Benito and the City of San Juan Bautista.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. 2019 County of San Benito Fire Protection Services contract

2. 2019 City of San Juan Bautista Fire Protection Services contract

CONTRACT
The County of SAN BENITO ("COUNTY") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on January 1, 2019 and terminate on December 31, 2025.

This contract shall be automatically renewed on January 1, 2026, and each January 1st for three (3) successive one year terms, unless terminated pursuant to this contract.

2. SCOPE OF SERVICES.

CONTRACTOR, for COUNTY's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. (a) Comprehensive general liability insurance: $1,000,000 (b) Professional liability insurance: n/a
(c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the Contractor's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

Revised 10/30/18 Page 1 of 2

7. SPECIFIC TERMS AND CONDITIONS (check one)
[ There are no additional provisions to this contract.
[ X ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

8. INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for COUNTY:

Ray Espinosa
County Administrative Officer
481 Fourth Street
Hollister, CA 95023
(831) 636-4000 (831) 636-4300 x11
(831) 636-4010 FAX (831) 636-4310 FAX
Contract Administrator for CONTRACTOR
William B. Avera
City Manager
375 Fifth Street
Hollister, CA 95023

APPRO BY
Anthony Botelh
Chair, San Benito County Board of Supervisors
Date: Ii/lo/q5
APPRWED AS TO LEGAL FORM:

O.)-Lbc_a-c(401
Barbara Thompson, County Co sel

Y CO RACTQ
Ignacio Velazq
Mayor, City of Hollister
Date:

APPROV AS TO LEGAL FORM:

Jaso pperso C ty Attorney
ATTEST:

Christine B1ck MMCc.Crti:Clerk
Revised 10/30/18 Page 2 of 2

ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by CONTRACTOR shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for the County Resource Management Agency (RMA).

Additionally, the COUNTY hereby contracts with the CONTRACTOR to provide administrative and operational management of fire services within the County. The CONTRACTOR Fire Chief is also delegated the authority by the COUNTY Board of Supervisors to act as the County Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for the County of San Benito.

A-2 OBJECTIVES
The parties define the following objectives to be met by CONTRACTOR in accordance with the terms of the agreement.
• ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to the San Benito County Board of Supervisors a report on administration policies and fire issues and will seek guidance on county fire department questions or concerns ensuring the County has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts, the Fire Chief may assign a designee to repot in his/her place.
• FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.
• MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of the County.
• RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the Contractor.
• JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.
• FACILITIES: Identify and recommend an effective inventory of facilities to serve the COUNTY and meet the needs of the Department.

Revised 10/30/18 Attachment A: Page 1 of 6

• PRE-PLANNING AND FIRE INSPECTIONS: Assist County Building Official and RMA with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. The county reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed. • VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases. • FIRE PREVENTION: Provide a comprehensive fire prevention program. • TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department. • FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.
• EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements, and participate in EMS system stakeholder meetings, including, but not limited to:

Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings. • COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking (currently contract through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.
• DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery, and mitigation activities.

A-3 PROPOSED STAFFING & TRAINING LEVELS
Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of one (1) Fire Chief, one (1) Battalion Chief per shift, one (1) Prevention Battalion Chief, and a combination of Fire Captains, Fire Engineers, and Firefighters to staff the four (4) engine companies covering the City and COUNTY.

Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed COUNTY designated engine and on the CONTRACTOR staffed Revised 10/30/18 Attachment A: Page 2 of 6

San Juan Bautista engine located within the San Juan Bautista city limits, and no less than a three (3) person response on all CONTRACTOR staffed engines located within the CONTRACTOR city limits (station 1 on Fifth Street and Station 2 on Union Road).

A-4 RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event /incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident. Additional resources may be requested dependent upon the incident.

Response goals have been established to allow CONTRACTOR and COUNTY to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example, a call that is 35 miles from the nearest fire station should take the first apparatus 60 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

Hollister Fire Stations Response Times
- ....-
X..
ti
- •
1 ;1 \II I • • IV:,
Station Response Time Boundaries
HOL1 • 0 - 4 HOLI - 4 HOL3 - 4 HOL4 0 - 4
HOL1 : 4 - 6 HOL2 . 4 - 6 HOL3 4.6 HOL4 . 4 - 6
HOL1 . 6 - 8 IIIIIMOL2 6 - 8 IN HOL3 6 - 8 MI HOL4 6 - 8 Stations
• Existing
c Proposed
Revised 10/30/18 Attachment A: Page 3 of 6

Hollister Fire Stations Response Times
11 - -;••• _
• I..
• •
Station Response Time Boundaries
HOLI : 0 - 4 HOL2 : - 4 HOL3 :0 - 4 HOL4 : 0 - 4
HOL1 : 4 -6 -- • HOL2 • 4 - 6 < HOL3 :4 - 6 HOL4 : 4 - 6 HOL1 : 6 - 8 In HOL2 : 6 - 8 I. HOL3 : 6 - 8 In HOL4 : 6 - 8 (Maps courtesy of Santa Cruz Regional 911)
A-5 FIRE STATION
Stations
• Existing
c Proposed
Four (4) Fire Stations are proposed to provide countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at 1000 Union Road, Hollister.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. Should the County of San Benito desire to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road, or select a different location in the unincorporated area of the county as determined by the Board of Supervisors, upon completion it will become the new location of Station 3.

Station 4, located at 24 Polk Streets, San Juan Bautista, is owned by the City of San Juan Bautista and operated by CONTRACTOR.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both City/County-owned vehicles with preventive maintenance to be provided by the City of Hollister. The County will maintain ownership and insurance coverage for the county-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

Revised 10/30/18 Attachment A: Page 4 of 6

The Contractor upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should the COUNTY or CONTRACTOR elect to terminate this contract, COUNTY shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For COUNTY owned Vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation.
c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use. d) COUNTY, or the COUNTY through its insurance company, shall pay to the COUNTRACTOR the cost of all accident repairs in excess of $2,000 per occurrence.

For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All COUNTY personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to the COUNTY if the equipment is later returned to the County.

CONTRACTOR shall return COUNTY's current Fire Apparatus upon delivery of new fleet apparatus being placed "in service".

All fire apparatus assigned to COUNTY station 3 and City of San Juan Bautista station shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by COUNTY and the City of San Juan Bautista. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership, with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by COUNTY.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by the County shall be provided to the County Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to the County for disposal pursuant to the County's surplus property policies.

END OF ATTACHMENT A
Revised 10/30/18 Attachment A: Page 5 of 6

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
[
[ ]
[x ]
One month in arrears.

Upon the complete performance of the services specified in Attachment A.

The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by COUNTY to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.

B-3. COMPENSATION
COUNTY shall pay to CONTRACTOR according to the following schedule:

Calendar Year

1. 2019

2. 2020

3. 2021

4. 2022

5. 2023

6. 2024

7. 2025
Optional Years (without prior termination).

8. 2026

9. 2027

10. 2028
Contract Amount
$1,845,000.00
$1,992,600.00
$2,052,378.00
$2,113,949.00
$2,177,367.00
$2,242,688.00
$2,309,969.00
$2,379,268,00
$2,450,646.00
$2,524,165.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
[ ] There are no additional terms of compensation.
[x ] The following specific terms of compensation shall apply:
(a) The CONTRACTOR will invoice the COUNTY quarterly for services rendered. (b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service, whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, COUNTY shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B-3 in the paragraph above, such purchases shall be subject to the review and approval of Board of Supervisors. In the case of COUNTY not approving the replacement cost of COUNTY equipment, CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the County equipment no longer in operation.

END OF ATTACHMENT B.

Revised 10/30/18 Attachment B: Page 1 of 1

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and COUNTY each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

CONTRACTOR and its officers and employees, in the performance of the contract, are independent contractors in relation to COUNTY and not officers or employees of COUNTY. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of COUNTY.

CONTRACTOR shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of this contract. CONTRACTOR further represents to COUNTY that CONTRACTOR has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of COUNTY, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

Revised 10/30/18 Attachment C: Page 1 of 4

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end, the provisions of this contract are declared to be severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, COUNTY shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
(a) The day the notice is personally delivered to the contract -administrator or the office of the party's contract administrator; or
(b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
(c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

Revised 10/30/18 Attachment C: Page 2 of 4

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNTY' S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract.

The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

COUNTY's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CONTRACTOR. CONTRACTOR and all of CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, eleCtion, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants Revised 10/30/18 Attachment C: Page 3 of 4

that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from, the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 10/30/18 Attachment C: Page 4 of 4

ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C, shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants on behalf of COUNTY, San Juan Bautista, and CONTRACTOR on a rotational basis as it determines prudent in its sole discretion, and will administer all grants received. All grants applied to on behalf of COUNTY, COUNTY shall be requested to commit to pay the local jurisdiction cost share amount prior to grant submission. Once COUNTY grant equipment is received, it shall become the property of COUNTY.

D-4 WORKERS COMPENSATION
COUNTY shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FUTURE GROWTH/ MAXIMUM AMOUNT OF CONTRACT
In the event COUNTY has a growth increase greater than 12.5% during the initial four (4) year period.

CONTRACTOR has the ability to reopen this Contract. CONTRACTOR and COUNTY agree growth rates shall be determined by the State Department of Finance.

D-7 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on January 1, 2019.

END OF ATTACHMENT D
Revised 10/30/18 Attachment D: Page 1 of 1

CONTRACT
The CITY OF SAN JUAN BAUTISTA ("SJB") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on nia.ryigi le) , 2019 and terminate on December 31, 2025. This contract shall be automatically renewed on January 1, 2026, and each January 1st thereafter, for three (3) successive one year terms, unless terminated pursuant to this contract.

2. SCOPE OF SERVICES.

CONTRACTOR, for SJB's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, SJB shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. (a) Comprehensive general liability insurance: $5,000,000 (b) Professional liability insurance: n/a
(c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the CONTRACTOR's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

Additionally, the insurance requirements shall include a written waiver of the CONTRACTOR's right to subrogate against the SJB as well as the following evidence of coverage:
• Subrogation waiver endorsement; and
• Properly completed Certificate of Insurance
Revised 02/01/19 Page 1 of 2

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

7. 8.

SPECIFIC TERMS AND CONDITIONS (check one)
There are no additional provisions to this contract.
[ X ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for SJB:

Michaele La Forge
City Manager
481 Fourth Street
Hollister, CA 95023
(831) 636-4000 (831) 636-4300 x11
(831) 636-4010 FAX (831) 636-4310 FAX
Contract Administrator for CONTRACTOR
William B. Avera
City Manager
375 Fifth Street
Hollister, CA 95023
APPROVED BY SJB:
(
Cesar Flores
Mayor, City of San Juan Bautista
Date: .2.7z .3/ 1
APPROVED AS TO LEGAL FORM:
f.,149413 me,,q
Deborah Mall, City Attorney
ATTEST:

La1(a'Cent, City Clerk
APPROVED BY CONTRACTOR:

Ignacio Velazquez
Mayor, City of Hollister
Date: -/ S-/2
APPROVEp,_A§ TO LEGAL FORM:
(---,, /
--7 ' A, r______ ,---,
Jason Ktpperson, t Attorney
ATTEST:

Christine Black, MMC, City Clerk
Revised 02/01/19 Page 2 of 2

ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by the City of Hollister shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for SIB.

Additionally, SJB hereby contracts with the City of Hollister to provide administrative and operational management of fire services within SJB. The City of Hollister Fire Chief is also delegated the authority by the SIB City Council to act as the SJB Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for SJB.

A-2 OBJECTIVES
The parties define the following objectives to be met by City of Hollister in accordance with the terms of the agreement.
• ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to SJB City Council, a report on administration policies and fire issues and will seek guidance on SJB Fire Department questions or concerns, ensuring SJB has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts, the Fire Chief may assign a designee to report in his/her place.
• FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner. • MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of SJB.
• RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the CONTRACTOR.
• JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County, San Juan Bautista and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.

Revised 11/6/18 Attachment A: Page 1 of 6

• FACILITIES: Identify and recommend an effective inventory of facilities to serve SJB and meet the needs of the Department.
• PRE-PLANNING AND FIRE INSPECTIONS: Assist SJB Building Official with pre-planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. SIB reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed. • VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.
• FIRE PREVENTION: Provide a comprehensive fire prevention program. • TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.
• FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.
• EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholder meetings, including, but not limited to: Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.
• COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking (currently contracted through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.
• DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery, and mitigation activities.

Revised 11/6/18 Attachment A: Page 2 of 6

A-3 PROPOSED STAFFING & TRAINING LEVELS
Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of one (1) Fire Chief, one (1) Battalion Chief per shift, one (1) Prevention Battalion Chief, and a combination of Fire Captains, Fire Engineers, and Firefighters to staff the four (4) engine companies covering SJB, CONTRACTOR, and COUNTY.

Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed County designated engine. On the CONTRACTOR staffed SJB engine located within the San Juan Bautista city limits, no less than a three (3) person response on all CONTRACTOR staffed engines.

A-4 RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event /incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident. Additional resources may be requested dependent upon the incident.

Response goals have been established to allow CONTRACTOR and SJB to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example, a call that is 35 miles from the nearest fire station should take the first apparatus 35 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

Revised 11/6/18 Attachment A: Page 3 of 6

ti
Hollister Fire Stations Response Times
N
-1-
I -. -:‘••••
-Nj —j
4;
\
ti
Station Response Time Boundaries
HOLI : 0 - 4 HOL2 : 0 - 1 HOL3 : 0 - 4 HOL4 0 - 4
HOL1 4 - 6 HOL2 4 - 6 HOL3 - 6 H014 : 4 - 6
14011 : 6 - 8 - HOL2 : 6 - 8 HOL3 6 - HOL4 : 6 -
Stations
• Existing
Proposed
Hollister Fire Stations Response Times
N
\
v--

7.:
t I 1
' 1 ---
Station Response Time Boundaries Stations
HOLI 0 - 4 H01.2 : 0 - 4 HOL3 : - 4 HOL4 :0 - 4 • Existing HOL1 • 4 - 6 HOL2 4 - 6 14013 : 4 - 6 14014 : 4 - 6
HOLI : 6 - 8 HOL2 : 6 - 8 . :11013 : 6 - 8 HOL4 : 6 - 6 Proposed (Maps courtesy of Santa Cruz Regional 911)
Revised 11/6/18 Attachment A: Page 4 of 6

A-5 FIRE STATION
Four (4) Fire Stations are proposed to provide Countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at Union Road.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. The City of Hollister desires to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road.

Station 4, which is located at Second and Polk Streets, is owned by SJB.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both city-owned vehicles with preventive maintenance to be provided by the City of Hollister. SJB will maintain ownership and insurance coverage for SIB-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

The CONTRACTOR upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should SIB or CONTRACTOR elect to terminate this contract, SJB shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For SJB owned Vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation. c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use.
d) SJB, or SJB through its insurance company, shall pay to the CONTRACTOR the cost of all accident repairs in excess of $2,000 per occurrence.

Revised 11/6/18 Attachment A: Page 5 of 6

For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All SJB personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to SJB if the equipment is later returned to SIB.

CONTRACTOR shall return SJB's Fire Apparatus upon CONTRACTOR's new fleet being placed "in service".

All fire apparatus assigned to San Benito County Station 3 and SIB Station 4 shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by San Benito County and SJB. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership, with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by SJB.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by SJB shall be provided to SJB Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to SJB for disposal pursuant to SJB's surplus property policies.

END OF ATTACHMENT A
Revised 11/6/18 Attachment A: Page 6 of 6

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
[ ]
[ ]
[x ]
One month in arrears.

Upon the complete performance of the services specified in Attachment A.

The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by SJB to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.

B-3. COMPENSATION
SJB shall pay to CONTRACTOR according to the following schedule:

Calendar Year

1. 2019

2. 2020

3. 2021

4. 2022

5. 2023

6. 2024

7. 2025
Contract Amount
$228,000.00
$234,840.00
$241,885.00
$249,141.00
$256,616.00
$264,314.00
$272,243.00
Optional Years (without prior termination).

8. 2026 $280,410.00

9. 2027 $288,822.00

10. 2028 $297,487.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
[ ] There are no additional terms of compensation.
[x ] The following specific terms of compensation shall apply:
(a) The CONTRACTOR will invoice SJB quarterly for services rendered. (b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service, whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, SJB shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B- 3 in the paragraph above, such purchases shall be subject to the review and approval of City Council. In the case of SIB not approving the replacement cost of SJB equipment, Revised 11/06/18 Attachment B: Page 1 of 2

CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the SJB equipment no longer in operation.

END OF ATTACHMENT B.

Revised 11/06/18 Attachment B: Page 2 of 2

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and SJB each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

This Agreement shall not constitute, nor shall it be interpreted as constituting, an agreement for hire of CONTRACTOR's fire personnel by SJB and any CONTRACTOR personnel providing services under this Agreement is, and shall continue to be, an employee of the CONTRACTOR under the supervision, management and control of the CONTRACTOR. SJB shall not assume by this AGREEMENT any liability for the direct payment of any salary, wages, medical benefits, retirement benefits, or other compensation to any officer or employee of the CONTRACTOR that is performing services hereunder for SIB, or for any other liability other than that provided for in this AGREEMENT.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

Revised 11/6/18 Attachment C: Page 1 of 4

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of SJB, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end, the provisions of this contract are declared to be , severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, SJB shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:

Revised 11/6/18 Attachment C: Page 2 of 4

(a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator; or
(b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
(c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. SJB'S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract. The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

SJB's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CONTRACTOR. CONTRACTOR and all of Revised 11/6/18 Attachment C: Page 3 of 4

CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from, the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 11/6/18 Attachment C: Page 4 of 4

ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C, shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants as it determines prudent in its sole discretion, and will administer all grants received.

D-4 WORKERS COMPENSATION
SJB shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FACILITY AGREEMENT
The City of Hollister shall pay the City of San Juan Bautista for use of the property now commonly known as Station No. 4 located at 311 Second Street based on the following schedule:

A separate lease agreement shall be drawn. The lease shall include apparatus bay and living quarters.

The City of Hollister shall be responsible for all utilities.

Years 1-3
Years 4-5
Years 6-7
Years 8-10
$3,000 per month
$3,400 per month
$3,600 per month
$3,800 per month
D-7 SIB MECHANIC UTILIZATION
$36,000 per year
$40,800 per year
$43,200 per year
$45,600 per year
City of Hollister shall utilize the service of the City of San Juan Bautista's Diesel Mechanic for appropriate repair and maintenance work on all diesel powered Fire Apparatus when available. Initial labor rate hall be established at $75.00 per hour. Hourly rates are subject to change based on an annual basis.

Revised 02/01/19 Attachment D: Page 1 of 2

D-8 MAXIMUM AMOUNT OF CONTRACT
The parties may agree in writing to modify the maximum amount and compensation terms of this Contract. Any increase shall be approved in advance by the governing bodies of the CONTRACTOR and S1 B.

D-9 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on March 1, 2019.

END OF ATTACHMENT D
Revised 02/01/19 Attachment D: Page 2 of 2

RESOLUTION NO. 2019-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED CONTRACT WITH THE

CITY OF SAN JUAN BAUTISTA FOR CONTINUED FIRE PROTECTION SERVICES WHEREAS, in May 2013, the City Council approved the initial contract to provide Fire Protection Services for the City of San Juan Bautista, and WHEREAS, the City Council approved an extension of that contract on October 19, 2015 and said contract expired on October 1, 2018; and
WHEREAS, Resolution No. 2018-302 was approved by City Council on November 19, 2018; and
WHEREAS, a newly amended contract has been submitted by the City of San Juan Bautista to include Comprehensive General Liability Insurance Limits of $5,000,000 and a commencement date of the contract of March 1, 2019; and WHEREAS, the City of San Juan Bautista still requires Fire Protection Services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract to provide continued Fire Protection Services for the City of San Juan Bautista and hereby authorizes the Mayor to execute the amended contract.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 18th day of March, 2019, by the following vote:

AYES: Council Members Richman, Resendiz, Spencer, Lenoir, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

ATTEST:

Christine Black, MMC, City Clerk
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:

Prentice, Long & Epperson, Attorneys at Law
Jason Epperso j City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
OFFICE OF THE CITY CLERK Page 281 of 316

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # Community Development-2025-21

AGENDA ITEM: DISCUSSION REGARDING TENTATIVE MAP APPROVAL

PROCESS

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

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

DISCUSSION: At the March 3, 2025 regular City Council meeting, the City Council requested a presentation on the tentative map approval process and the roles of the City Council and Planning Commission in that process. This item is provided in response to this Council request.

Legislative Authority

Tentative maps are utilized by property owners or developers who wi sh to subdivide existing land and create new lots, right-of-ways, or other easements. The City of Hollister has adopted Title 16, Subdivisions, within its Municipal Code to govern the process and requirements for submission and review of a tentative map. The provisions of Title 16 are enacted under the authority of the Subdivision Map Act of the State of California, Government Code Section 66410 et. seq. and in the event of any conflicts, the Subdivision Map Act supersedes the City’s ordinances.

Tentative Map Review Process

In the City of Hollister, it is rare for a tentative map to be filed on its own. Typically, a map would be proposed alongside a development application of some kind, whether that might be Site & Architectural Review (S&A), a Conditional Use Permit (CUP), a Planned Development (PD), etc. However, whether a tentative map is filed on its own, or with additional applications that make up a complete development proposal, the review process is as follows (see also Attachment 1, Development Process Flowchart):

1. Application Submittal. Application is submitted to the Planning Division alongside any supporting materials and fees.

2. Project Assignment. A staff planner is assigned to the project. The staff planner coordinates the internal review of the project proposal and serves as the primary point of contact between the City and the applicant.

3. Completeness Review. The California Permit Streamlining Act mandates that a jurisdiction must provide a streamlined 30-day review for application completeness. This means that the City, upon receipt of a development application, must provide an exhaustive list of any missing information or materials

that are necessary and required for the application to be deemed “complete for processing”. If the City fails to provide notification to the applicant of any missing information by the 30-day deadline, the application is deemed by default to be complete for processing. Otherwise, if an application is deemed to be missing information or materials, a detailed Notice of Incompleteness is sent to the applicant, and the applicant must revise their application and resubmit for additional review. Upon resubmittal, the City must complete a new 30 -day completeness review period and make a new determination of the completeness of the submittal. It is important to note that the City cannot ask for any additional information that was not included in the original Notice of Incompleteness when making subsequent determinations of completeness.

The assigned project planner will route the application submittal to the City’s internal Development Review Committee (DRC) for review of the plans to ensure that all necessary items for the project review are identified. The DRC is made up of members of various City departments and other agencies, including Engineering, Building, Fire, Police, Airport, Recology, San Benito County Environmental Health, etc. The DRC members are given a 2-week period to review the application and plans and provide comments back to the Planning Division.

After comments are received, the Planning Division compiles all comments and writes the formal completeness determination letter to the applicant.

4. Review for Compliance with CEQA and City Codes/Regulations. As outlined in State Law, following an application deemed complete for processing, a review for compliance with the California Environmental Quality Act (CEQA) a nd review of the project for compliance with all local codes and regulations takes place.

However, the City typically tries to include, to the best of our ability, comments on compliance (design comments) alongside completeness items during the completeness review step. This allows applicants to begin to address any design issues while also providing missing information and speeds up the review process.

a. CEQA Review. Every project that has the potential to impact the environment is subject to the provisions of CEQA. When an application is complete, the Planning Division can make a determination on whether the project qualifies for an exemption (statutory or categorical), or whether a more detailed analysis of the potential impacts will be required (see Attachment 2, CEQA Process Flowchart).

b. Design Review. The Design Review Committee (DRC) will provide comments on project design as it relates to compliance with codes and regulations for the applicant to address. This may require revisions. Staff work with applicants to address issues of non-compliance so that the project can be brought forward with a recommendation of approval.

5. Public Hearing. Upon completion of the environmental evaluation under CEQA and once all comments of the DRC are addressed, staff prepares a staff report, and recommendation (in the form of a resolution with appropriate findings and conditions) to present to the Planning Commission during a noticed public hearing

on the development project. Following the public hearing, the Planning Commission will make a determination on the project.

6. Appeal Period. Following a Planning Commission determination, the City provides a 15-day appeal period during which anyone aggrieved by the decision can file an appeal. Planning Commission decisions appeal to the City Council.

City Council vs. Planning Commission Role

Section 17.24.060 of the Hollister Municipal Code outlines the review and approval authority of staff, the Planning Commission, and the City Council for various applications and permits. For tentative maps, the final approval authority is the Plannin g Commission, with the City Council serving as the appeal body. However, if the development proposal for a tentative map also includes certification of an Environmental Impact Report, a general plan amendment, a planned development, rezoning, a specific plan, or a development agreement of any kind, the Planning Commission does not have the authority to approve the project. Instead, the Planning Commission would make a recommendation on the project – including the tentative map – to the City Council, who would have ultimate decision authority on the proposal.

This is because amendments to the general plan or zoning map, requests for modifications to code requirements (through a Planned Development, for example), making city-wide statements of overriding consideration of environmental impacts, or entering into agreements between a developer and the City fall outside of the authority of the Planning Commission. Those types of changes and requests are legislative or policy- setting in nature, which is the authority of the Council.

The City Council’s role in the development process is to create the overarching legislat ive and policy guidance (through the General Plan and Municipal Code) for development within the City. Staff and the Planning Commission serve to objectively interpret and apply the Council’s policies to individual project applications. The Planning Commission serves to answer the question “does the project comply with the city’s codes?” If the answer is yes, the project must be approved. If the answer is no, then a project may be denied. As described above, if the project includes a request for the City to make a subjective decision about changing plans or policy or applying new rules , zoning, or terms in order to approve the project, then those decisions must fall to the City’s legislative body, the City Council.

Housing Laws

While not all tentative map applications are for housing development projects, it is important to outline the importance of the Council’s role in establishing clear and objective codes and policies related to housing, because the State of California has many new laws that restrict local authority over processing timelines and in applying subjectivity to their decision-making. Some of the laws affecting tentative map approvals for housing projects include:

Permit Streamlining Act
As described briefly above, the Permit Streamlining Act requires expedited

processing of development applications. However, in addition to the completeness review timelines, the Permit Streamlining Act also regulates the timeframes in which the city must make a determination of whether the project will require CEQA review (30-days from the determination of project completeness); when the jurisdiction must make a determination on the project following the CEQA determination being made (60-120 days, depending on the size of the project and level of CEQA required); and puts a limit on the number of hearings that can be held on a project before a decision must be made (no more than 5 total hearings, otherwise a project is deemed to be approved).

Senate Bill (SB) 330 – The Housing Crisis Act of 2019
This law amended the Housing Accountability Act to include a provision in which an applicant may submit a “preliminary application” that, if it contains all of the items outlined in the statute (there are 17 specific items), the project applicant receives vested rights to all codes, policies, and fees that are in place at the time of the preliminary application submittal. The City does not have any review authority over the SB 330 preliminary application. Upon submittal of a SB 330 preliminary application, the developer has 180 days to submit a complete development application to maintain their vested rights under SB 330.

When reviewing a tentative map for a project that has an SB 330 preliminary application, the planning commission or council must ensure that they are reviewing the project against the general plan policies, codes, and other requirements that were in place at the date of the SB 330 submission. New codes or policies that may have been adopted after submission of an SB 330 application may not be considered.

Senate Bill (SB) 35 – Permit Streamlining Act Amendments SB 35 provides housing or mixed -use development applicants with a ministerial (staff-level) expedited review process if the project meets certain affordability percentage requirements. This law requires that a review and determination of a project be made in either 60 or 90 days, dependent upon project specifics, and it may only be reviewed against adopted, objective standards.

Neither the Planning Commission nor the City Council have any review authority over these projects. They must be reviewed minist erially at the staff level.

Currently, the City of Hollister Municipal Code has very limited objective standards for staff to apply in their review of SB 35 projects. However, the City was awarded Regional Early Action Planning 2.0 Grant from the State to funds its development of objective design standards for the Downtown area for mixed -use and multifamily residential projects, and that work is in process.

Senate Bill (SB) 9 – The California HOME Act
SB 9 allows for “Two-Unit Residential Developments” and “Urban Lot Splits”, which in turn allow for any lot zoned as single family residential to develop up to 4 residential units through two-unit development and/or subdivision into up to two lots. Tentative maps filed for “Urban Lot Splits” under SB 9 must be reviewed and approved ministerially by staff . The Planning Commission and City Council do not have any review authority on these projects.

In 2022, the City Council adopted Chapter 17.26 into the Municipal Code, which provides clear objective guidance for staff to follow when reviewing SB 9 applications, including development standards and design criteria (Section

17.26.050) that can be applied to these project proposals.

FISCAL IMPACT: None.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: This presentation does not constitute a project under CEQA.

ATTACHMENTS:

1. Development Process Flowchart

2. CEQA Process Flowchart

3. Appeal Process Flowchart

PROJECT SUBMITTED
Submittal of application, supporting
materials, and fees. See application
submittal requirements.

PROJECT PLANNER ASSIGNED
Project Planner evaluates the project and
is the primary contact for the applicant.

COMPLETENESS REVIEW
Internal review by Development Review
Committee (DRC) for missing information
from application required for processing
(submittal checklist). Initial review for
compliance with codes and regulations.
(30-day review)

CALIFORNIA ENVIRONMENTAL

QUALITY ACT
See CEQA Process Flowchart.

No Yes
Application Revision and
Resubmittal

REVIEW FOR CODE COMPLIANCE
DRC review for compliance with codes
and regulations.

Is the Application
Deemed Complete?
No Yes
Are all comments of the
DRC Addressed?
Public Hearing Notice & Staff
Report Prepared and Published

DECISION BY PLANNING COMMISSION
Decision is made to approve or deny the request.

Process Flowchart:

DEVELOPMENT APPLICATION
Application Revision and
Resubmittal

CEQA EVALUATION COMPLETE
APPEAL?
An appeal may be filed within 15 calendar days of the
decision. See Appeals Process Flowchart.Page 287 of 316

1. PROJECT APPLICATION SUBMITTED TO CITY
City shall make a determination on the level of CEQA required no later than 30 days following the determination of project application completeness. (see Development Application Flowchart)
2B. If not exempt, prepare project description, prepare Initial Study, and initiate Tribal Consultation. Consultant may be brought on for CEQA preparation.

CEQA EVALUATION COMPLETE
Process Flowchart:

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

6. Decision on Project
2A. Project Exempt From CEQA
3A. If no potentially significant impacts, or they can be mitigated, prepare an ND or MND.
3B. If potentially significant impacts remain, file a Notice of Preparation of EIR and prepare EIR
4A. File Notice of Intent to Adopt ND/MND with SCH and/or County Clerk and publish Draft ND/MND
4B. File Notice of Completion and Notice of Availability with SCH and County Clerk, and publish Draft EIR
5A. After 20- or 30-day public review consider and adopt Final ND/MND.
5B. After 45-day public review, prepare responses to comments and the Final EIR for consideration and certification.

7. File Notice of Determination or Notice of Exemption with SCH and County Clerk Acronyms
ND - Negative Declaration
MND - Mitigated Negative Declaration
EIR - Environmental Impact Report
SCH - State Clearinghouse Page 288 of 316

PROJECT DECISION
Project approval or denial from decision-making body
Process Flowchart:

PLANNING APPEAL PROCESS

APPEAL TO CITY COUNCIL
Filing of Appeal of Planning Commission
decisions

APPEAL TO PLANNING COMMISSION
Filing of Appeal of Staff-level discretionary
approvals

CITY COUNCIL HEARING
Final decision on appeals

SCHEDULE PLANNING COMMISSION

HEARING

PUBLIC HEARING NOTICE MAILED &

STAFF REPORT PUBLISHED

PUBLIC HEARING NOTICE MAILED

AND STAFF REPORT PUBLISHED

SCHEDULE CITY COUNCIL HEARING

PLANNING COMMISSION HEARING
Decision on Appeal

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: April 7, 2025
REPORT # City Clerk-2025-16

AGENDA ITEM: DISCUSSION OF POTENTIAL LOBBYING ORDINANCE FOR THE

CITY OF HOLLISTER

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Discuss and give possible direction regarding the creation of a Lobbying Ordinance for the City of Hollister.

DISCUSSION: At the February 18, 2025 regular City Council meeting, the City Council directed staff to place on a future agenda a presentation regarding the County of San Benito’s (County) lobbying ordinance and discussion on whether to create a similar ordinance for the City of Hollister.

The County Lobbying Ordinance was the result of a request by the Board of Supervisors in order to promote transparency in the decision-making process. The ordinance was drafted by the County Counsel’s Office with input from the Clerk - Recorder/Registrar of Voters who oversees the lobbyist registration and reporting functions for the County.

The County ordinance seeks to:
 Maintain fair and open decision-making process in county government  Impose registration and disclosure requirements on lobbyists  Ensure county officials are aware of the interests a lobbyist represents  Require lobbyists to not deceive county representatives, place them under personal obligations, or claim control over their actions

The County Lobbying Ordinance requires registration for various types of lobbyists, requires annual renewal for registered lobbyists, quarterly reports for lobbyists, sets thresholds for when lobbyist registration is required, and sets various disclosure requirements. The County Lobbying Ordinance also differentiates between land use lobbyists and other types of lobbyists with land use lobbyists required to comply with stricter reporting requirements.

In addition to the various registration and reporting requirements outlined in the County Lobbying Ordinance, it also outlines various fees and penalties for non-compliance.

Staff also researched lobbyist registration ordinances and spoke with staff in other jurisdictions including Newport Beach, Santa Clara, Berkeley, Santa Rosa, etc. All agencies researched had similar registration and reporting requirements as well as annual renewals and associated fees. If the City Council would like to move forward with creating a lobbyist ordinance for the City, staff recommends including various provisions from the ordinances researched, including the following:

- Lobbyists are required to identify themselves and client(s) upon addressing any legislative body, City staff, and/or City official(s)
- Certain individuals (former employees and elected or appointed officials) are prohibited from acting as a lobbyist with respect to matters before the City within one year of leaving office or employment with the City
- Prohibition on all gifts to City officials from a lobbyist

If directed by Council, staff will return at a future meeting for a public hearing and introduction of an ordinance regarding lobbyist registration.

FISCAL IMPACT: Unknown at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the February 18, 2025 meeting, the City Council directed staff to return with a discussion regarding creation of a potential lobbyist registration ordinance.

CEQA: N/A

ATTACHMENTS:

1. Councilmember Resendiz’s City Council Agenda Request Form from February 18, 2025

2. San Benito County Lobbying Ordinance (Ordinance 1070)

3. San Benito County Lobbyist Initial / Annual Renewal Application

HOLLISTER CITY COUNCIL

REQUEST FOR FUTURE AGENDA ITEM
Council member(s) requesting item
(no more than two):

Topic to be Discussed:

Recommended City Council Action:

Background information, such as reasoning for recommended Council action, justification for placing on the agenda, etc.:

Requested date of discussion (minimum of four weeks from the date of the request):
☐Mayor Stephens
☐Councilmember Picha, District 1
☐Councilmember Resendiz, District 2
☐Councilmember Morales, District 3
☐Councilmember De Anda, District 4
4 Explore development of a lobbying ordinance and program similar to the ordinance recently adopted by the County of San Benito.

Receive a presentation on the County of San Benito's lobbying ordinance and program, hold a discussion on how a similar ordinance and program could be developed for the City of Hollister, and provide satff possible direction.

The San Benito County Lobbyist Ordinance aims to increase transparency and accountability in government decision-making. It requires individuals and organizations that lobby County officials to register and disclose their activities, including who they represent, how much they spend, and who they contact.

I am requesting that the city council explore developing and implementing a similar program for the City of Hollister.

April 5, 2025
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Select the Applicable Strategic Goal(s) and list any Applicable Objective(s) City Council Goal: ☐ Infrastructure
Applicable Objective(s):

City Council Goal: ☐ Budget, Finances & Economic Development Applicable Objective(s):

City Council Goal: ☐ Quality of Life and Public Safety
Applicable Objective(s):

City Council Goal: ☐ Community Engagement, Education, and Transparency Applicable Objective(s):
4 Docusign Envelope ID: E0439134-8277-4CE2-8596-B658900E0CBB Transparency

BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BENITO

ORDINANCE NO._________

AN ORDINANCE OF THE SAN BENITO COUNTY
BOARD OF SUPERVISORS ADDING ARTICLE XI “LOBBYING”
TO CHAPTER 3.01 OF THE SAN BENITO COUNTY CODE

WHEREAS, the County seeks to maintain a fair and open decision-making process in County government; and

WHEREAS, the County believes the public disclosure of the identities of lobbyists, the interests they represent, and the financing behind their activities fosters public confidence in the integrity of County government; and

WHEREAS, the County seeks to impose registration and disclosure requirements to ensure that County officials are aware of the interests lobbyists represent when they engage in lobbying activities; and

WHEREAS, the County further believes it is in the public interest that lobbyists do not misrepresent facts or their positions, deceive County representatives through false communications, place county representatives under personal obligations, or claim control over their actions.

NOW THEREFORE, the County seeks to amend Chapter 3.01 of the San Benito County Code to include Article XI: Lobbying, as set forth below.

The Board of Supervisors of the County of San Benito ordains as follows:

SECTION 1. Article XI: Lobbying is hereby added to Chapter 3.01 of Title 3 of the San Benito County Code to read as follows:

Article XI: Lobbying

Section

3.01.150 Purpose

3.01.151 Definitions

3.01.152 Registration and Disclosure Requirements

3.01.153 Exemption

3.01.154 Prohibitions

3.01.155 Penalties

3.01.156 Enforcement

§ 3.01.150 PURPOSE.
(A) The purpose of this chapter is to maintain a fair and open decision-making process in county government which functions to serve the needs of all citizens. Both the public and County officials should have full knowledge of lobbying activities that influence legislative or administrative actions.
1070
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2 (B) The purpose of this chapter is also to impose registration and disclosure requirements on those engaged in lobbying efforts to influence the decisions of county policy makers for compensation. Public disclosure of the identities of lobbyists, the interests they represent, and the financing behind their activities fosters public confidence in the integrity of County government. (C) Additionally, these disclosure and registration requirements ensure that County officials are aware of the interests lobbyists represent when they engage in lobbying activities. It is in the public interest to adopt this chapter to provide adequate and effective transparency regarding lobbying efforts aimed at influencing County government. (D) The code furthers the public interest that lobbyists do not misrepresent facts or their positions, deceive County representatives through false communications, place county representatives under personal obligations, or claim control over their actions.

§ 3.01.151 DEFINITIONS.

Whenever used in this article, the following words and phrases shall have the definitions provided in this section. Other terms used and not defined in this Article have the meanings set forth in this Title, and terms not used and not defined in this Title have the meanings set forth in the California Political Reform Act of 1974, as amended.

ADMINISTRATIVE ACTION includes the proposal, drafting, development, consideration, advocacy, recommendation, adoption, amendment, termination, extension, or approval of any rule, regulation, agreement, contract, permit, license, policy, land use entitlement, or hiring action.

AT THE BEHEST means at the means under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of.

CAMPAIGN CONTRIBUTION means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected county official is a contribution to the candidate, committee or elected county official unless full and adequate consideration is received for making the expenditure.

1. The term "campaign contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; the candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.

2. The term "campaign contribution" further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.

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