CITY OF HOLLISTER
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, May 5, 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
PUBLIC HEARING NOTICE
The hearing that was scheduled for 6:00 p.m., for the receipt of objections to the proposed abatement of weeds, declaring the condition of certain properties to constitute a public nuisance, and ordering the abatement of weeds thereon will be heard at 6:30 p.m. or as soon thereafter as the matter may be heard.
NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.
The public may watch the meeting via live stream at:
City of Hollister Website
https://pub-hollister.escribemeetings.com/
Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/
City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489
City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister
Public Participation:
The public may attend meetings.
NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)
If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or recorded or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.
To access written translation during the meeting, please click this link:
Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
City of Hollister City Council Meeting
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE
4.CLOSED SESSION
4.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 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)
5.CLOSED SESSION REPORT
6.SPECIAL ORDERS OF THE DAY
6.1 ROTARY CLUB 100TH ANNIVERSARY PROCLAMATION
6.2 WATER AWARENESS MONTH PROCLAMATION
6.3 WATER AWARENESS MONTH PRESENTATION
RECOMMENDED ACTION:
Receive the presentation
7.PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.
Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject.
Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.
8.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.
8.1 APRIL 21, 2025 REGULAR MEETING MINUTES
8.2 AN ORDINANCE AMENDING THE HOLLISTER MUNICIPAL CODE TO ADD SECTION 8.40 ENTITLED “FIRE HAZARD SEVERITY ZONES” TO DESIGNATE
LOCAL FIRE HAZARD SEVERITY ZONES
RECOMMENDED ACTION:
Adopt an ordinance designating Fire Hazard Severity Zones (FHSZ) in the City of Hollister City Limits.
8.3 A RESOLUTION APPROVING THE DRAFT ENGINEER’S REPORT FOR THE City of Hollister City Council Meeting
LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026
RECOMMENDED ACTION:
Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026.
8.4 A RESOLUTION APPROVING AN AIRPORT USE AGREEMENT WITH
TRUWEATHER SOLUTIONS, INC TO PLACE ADVANCED WEATHER SENSOR
INSTRUMENTS AT THE HOLLISTER MUNICIPAL AIRPORT
RECOMMENDED ACTION:
Adopt a resolution approving an Airport Use Agreement with TruWeather Solutions, Inc. to place advanced weather sensor instruments at the Hollister Municipal Airport and authorizing the City Manager to execute the Agreement.
9.PUBLIC HEARINGS
9.1 A RESOLUTION FOR THE 2025 WEED ABATEMENT PROGRAM AND HOLD A
PUBLIC HEARING
RECOMMENDED ACTION:
Hold a public hearing for the receipt of objections to the proposed abatement and adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon.
10.COUNCIL BUSINESS
10.1 UPDATE REGARDING THE FIRE PROTECTION SERVICES CONTRACT
AMENDMENTS 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 amendments with the County of San Benito and the City of San Juan Bautista.
11.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.
11.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
11.2 COUNCIL REPORTS
Receive informational reports from the City Council
1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
11.3 CITY MANAGER REPORT
1.UPDATED CITY COUNCIL PROJECTS
City of Hollister City Council Meeting
12.CLOSED SESSION
12.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager David Mirrione Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees
12.2 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)
13.ADJOURNMENT
14.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of May 5, 2025 was posted on the bulletin board at City Hall on May 2, 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
Honoring the 100th Anniversary of
The Rotary Club of Hollister
WHEREAS, on May 11, 1925, the Rotary Club of Hollister was chartered by Rotary International, and
WHEREAS, on June 6, 1925, 150 Rotarians from the Central Coast gathered for the first official meeting of the Hollister club, including a formal presentation of the Hollister club’s Charter by the Salinas Rotary Club; and
WHEREAS, there are over 1.4 million Rotary club members worldwide, comprised of professional and business leaders in over 200 countries and geographic areas, whose Rotary work impacts many lives at both the local and international levels; and
WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian service, encourage high ethical standards, and promote goodwill and peace in Hollister and around the world; and
WHEREAS, the Rotary Club of Hollister provides volunteers and resources to local projects and supports local nonprofits; and
WHEREAS, the Rotary Club of Hollister supports our youth through Scholarships to San Benito County High School students, through the Interact Clubs, by hosting an annual Speech Contest, and through International Youth Exchange; and
WHEREAS, the Rotary Club of Hollister provides funding and assistance for International Projects, including Polio vaccinations, building new schools and classrooms, clean water projects, medical equipment and supplies, wheelchairs, computers and educational supplies for classrooms that reach millions of children and communities in need, particularly in developing countries; and
WHEREAS, the Rotary Club of Hollister is celebrating 100 years of Leadership, service and fellowship; and
NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby congratulate the Rotary Club of Hollister on the occasion of its 100th Anniversary and wish them continued success in its various programs to enhance our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 5th day of May, 2025.
______________________________
Roxanne Stephens, Mayor
ATTEST:
________________________________
Jennifer Woodworth, City Clerk
PROCLAMATION
WATER AWARENESS MONTH – MAY 2025
WHEREAS, California’s arid and semiarid climate, its ambitious and evolving economy, and its growing population have combined to make water shortages and conflicting demands the norm; and
WHEREAS, the rising concern of climate change could limit the state and federal government’s water infrastructure due to less snow pack and environmental concerns in the Delta; and
WHEREAS, the health, welfare, and quality of life for our community depend on a reliable, high-quality water supply; and
WHEREAS, municipal agencies and governments continue to seek cost -effective and efficient systems to obtain and deliver water to meet the needs of residents, agriculture and the economy; and
WHEREAS, the state, county, cities, and concerned citizens make strong efforts to foster wise decisions concerning water issues and water use; and
WHEREAS, the fact that California will experience periodic droughts and water conservation is critical not only during drought periods, but at all times; and
WHEREAS, during May 2025, the City of Hollister is inviting everyone to find out ways to save water both at work and at home.
NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby proclaim May 2025 as Water Awareness Month and urge all citizens, businesses, industries, institutions and public agencies to review their water use and water systems for water use efficiency and to contact the Water Resources Association of San Benito County for water saving ideas and assistance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 5th day of May 2025.
______________________________
Roxanne Stephens, Mayor
ATTEST:
________________________________
Jennifer Woodworth, City Clerk
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # Public Works-2025-28
AGENDA ITEM: WATER AWARENESS MONTH PRESENTATION
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director
RECOMMENDED ACTION: Receive the presentation
DISCUSSION: Jennifer Cosio Arellano, the San Benito County Water District Water Conservation Program Manager, will provide a presentation on water conservation and water awareness.
FISCAL IMPACT: None
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: Not considered a project.
ATTACHMENTS:
1. Presentation
WATER
AWARENESS MONTH
JENNIFER COSIO
ARELLANO
WATER CONSERVATION
PROGRAM MANAGER
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IMPORTANCE OF
WATER AWARENESS
MONTH Purpose: Water Awareness Month aims to
raise awareness about the importance of
water conservation and the need to protect
this vital resource for the future
WATER
CONSERVATION REBATES PROGRAMS
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3 KEEP OUR WATER CLEAN
May marks the start of the irrigation
season
Water is a finite resource
Focus on water conservation
Conserve Water=Save Money
Free low flow appliances:
Showerheads, aerators, & toilets
WATER
SAVING TIPS
1. Outdoor
•Water lawn between 9pm
to 6am to conserve water
and avoid evaporation.
•Utilize drip irrigation & smart
irrigation controllers
3. Indoor
•Upgrade to low flow
appliances: showerheads,
aerators, low-flow toilets,
washing machines &
dishwashers
2. Outdoor
•Replace your grass lawn
with a drought-
tolerant/water-efficient
landscape
•Collect rainwater during the
winter season and store it for
later use.
•Sweep, don’t spray driveways
and patios
4. Indoor
•Check faucets for leaks.
•Shut off faucet when brushing
teeth, washing your face, and
shaving facial hair.
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REBATES
Turf Removal Rebate: $2 per sq. ft.
removed (min. 100 sq. ft. to max of 1,000
sq ft.). Requires pre-inspection before
starting on project.
Landscape Hardware Rebate:provides a
50% rebate on your purchase price of
hardware (excluding labor), up to a
maximum of $100 rebate
Ultra Low-Flow Toilet Rebate: $75 rebate if
you replace your pre-1992 toilet with a
low-flush toilet.
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5 TURF PROJECT
HOME WATER SURVEY
Call us to set up a FREE home water survey.
Thorough indoor & outdoor leak inspection and
adjustment of irrigation controllers for the season.
Technician can help with minor leak repairs in home.
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7 Water Resources
Agency of San
Benito County WRASBC
THANK YOU
WEBSITE: WWW.WRASBC.ORG
PHONE: 831-637-4378
INSTAGRAM: WRASBC
FACEBOOK:WATER RESOURCES ASSOCIATION
OF SAN BENITO COUNTY
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1 City Council of the City of Hollister
Minutes of the Regular Meeting
April 21, 2025, 6:30 p.m.
City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023
Members Present: Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4
Members Absent: Roxanne Stephens, Mayor
_____________________________________________________________________
1. CALL TO ORDER
Vice Mayor Picha called the regular meeting of the City Council of the City of Hollister to order at 6:31 p.m.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Councilmember Morales led the Pledge of Allegiance.
4. CLOSED SESSION REPORT
City Attorney Mary Lerner stated no reportable action was taken in closed session.
5. SPECIAL ORDERS OF THE DAY
5.1 National Poppy Day Proclamation
Vice Mayor Picha presented the proclamation to representatives of the American Legion Auxiliary.
6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Ron Pascual requested installation of a stop sign at Westside Boulevard near Steinbeck to increase safety for school children crossing the street to attend R.O.
Hardin Elementary School.
Carol Lenoir reported La Rhumba Bar had outdoor gathering on April 12, 2025 with a live band that went until at least 2:00 a.m. and expr essed concern regarding e-bikes traveling on the sidewalk.
2 7. CONSENT ITEMS
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
The consent calendar items are approved
Ayes (4): Council Member Picha, Council Member Resendiz, Council Mem ber Morales, and Council Member de Anda
Absent (1): Mayor Stephens
Carried (4 to 0)
7.1 APPROVE APRIL 7, 2025 REGULAR MEETING MINUTES
7.2 WARRANT REGISTER APRIL 21, 2025
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessments funds attached.
Carried
7.3 ADOPT ORDINANCE 1260 AMENDING TITLE 13 (PUBLIC SERVICES) TO ADOPT CHAPTER 13.04 TITLE X (OUTSIDE SEWER
CONNECTIONS) TO THE HOLLISTER MUNICIPAL CODE
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt Ordinance 1260 Amending Title 13 (Public Services) to adopt Chapter 13.04 Title X (Outside Sewer Connections) to the Hollister Municipal Code.
Carried
7.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY STREET CLOSURES FOR THE 2025
HOLLISTER INDEPENDENCE RALLY
3 Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt a resolution approving temporary street closures for the 2025 Hollister Independence Rally.
Carried
7.5 A RESOLUTION APPROVING THE TRAFFIC CONTROL PLAN FOR THE 2025 HOLLISTER INDEPENDENCE RALLY
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt a resolution approving the Traffic Control Plan for the 2025 Hollister Independence Rally.
Carried
7.6 ADOPT A RESOLUTION APPROVING AN AIRPORT USE AGREEMENT
WITH SNIPBUS FOR CONDUCTING ANIMAL CARE SERVICES AT
THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
1. Approve an Airport Use Agreement with SNIPBUS for conducting animal care services at the Hollister Municipal Airport; and
2. Direct the City Risk Manager to finalize appropriate insurance provisions to be incorporated into the Agreement following City Council approval of the Agreement; and
3. Authorize the City Manager to execute the agreement once the insurance provisions have been incorporated.
Carried
7.7 A RESOLUTION ACCEPTING A GRANT FROM THE CALIFORNIA
COMMISSION OF PEACE OFFICER STANDARDS AND TRAINING FOR
A TEAM BUILDING WORKSHOP FOR THE SUPERVISORY STAFF OF
THE HOLLISTER POLICE DEPARTMENT
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
4 Adopt a resolution accepting the reimbursement grant from the California Commission of Peace Officer Standards and Training for the supervisory staff at the police department to attend a Team Building Workshop.
Carried
7.8 A RESOLUTION APPROVING THE INITIATION OF PROCEEDINGS
FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR
LANDSCAPE AND LIGHTING DISTRICT NO. 93 - 1 AND ORDER THE
CITY ENGINEER TO PREPARE AND FILE THE REQUIRED REPORT
WITH THE CITY CLERK
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt a resolution approving the initiation of proceedings for the levy and collection of the FY 2025/2026 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required Report.
Carried
8. COUNCIL BUSINESS
8.1 PROPOSED FIRE PROTECTION SERVICES CONTRACT
AMENDMENT TERMS WITH THE COUNTY OF SAN BENITO AND THE
CITY OF SAN JUAN BAUTISTA
City Manager David Mirrione provided the staff report.
Vice Mayor Picha opened public comment at 6:55 p.m.
Mia Casey opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito and supported the City of Hollister negotiating directly with the other two agencies.
Alice opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito.
James Whitebear Connor opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito and expressed safety concerns regarding the Independence Rally.
Suzanne Howard opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito and supported the City of Hollister negotiating directly with the other two agencies.
5 Joe opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito.
Carol Lenoir opposed the proposed contract terms offered by the City of San Juan Bautista and County of San Benito.
Vice Mayor Picha closed public comment at 7:06 p.m.
Fire Chief Jonathan Goulding provided information regarding the proposed contract terms and how they were calculated.
Councilmember Morales suggested the City request the State Controller's Office conduct an audit of County use of fire impact fee funds and suggested considering a separate contract with the City of San Juan Bautista if they are the only agency willing to negotiate.
Councilmember Resendiz opposed requesting an audit of County funds.
By consensus, the City Council directed the ad hoc committee to meet with the representatives from the other two agencies and continue to pursue the minimum 3-0 staffing requirements.
8.2 FORMATION OF AN ANIMAL SERVICES AD-HOC COMMITTEE
City Clerk Jennifer Woodworth provided the staff report.
Vice Mayor Picha opened public comment at 7:28 p.m.
There were no speakers for this item.
Vice Mayor Picha closed public comment at 7:28 p.m.
Vice Mayor Picha appointed Mayor Stephens and Councilmember de Anda to serve on the Animal Serves ad hoc committee.
9. PUBLIC HEARINGS
9.1 AN ORDINANCE AMENDING THE HOLLISTER MUNICIPAL CODE TO ADD SECTION 8.40 ENTITLED “FIRE HAZARD SEVERITY ZONES” TO
DESIGNATE LOCAL FIRE HAZARD SEVERITY ZONES
Fire Chief Jonathan Goulding provided the staff presentation.
Vice Mayor Picha opened the public hearing at 7:32 p.m.
There were no speakers for this item.
Vice Mayor Picha closed the public hearing at 7:32 p.m.
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
6 Introduce an ordinance designating Fire Hazard Severity Zones (FHSZ) in the City of Hollister City Limits.
Ayes (4): Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda
Absent (1): Mayor Stephens
Carried (4 to 0)
9.2 DISCUSSION AND POSSIBLE DIRECTION REGARDING A CITYWIDE GENERAL PLAN UPDATE, THE 6th CYCLE HOUSING ELEMENT
UPDATE, AND PENDING GENERAL PLAN AMENDMENT AND
PREZONING/ANNEXATION APPLICATIONS
Planning Manager Eva Kelly provided the staff presentation.
Vice Mayor Picha opened the public hearing at 9:02 p.m.
Michael Brigantino requested the City allow commercial and industrial annexation applications to be submitted and considered by the City.
Darin Clark, representing the NorCal Carpenters Union, spoke regarding project labor agreements.
Ruben Galvan supported including pre-qualification language for bidding on construction projects in the General Plan.
Joe Giacalone supported the Hollister Research Campus project and spoke regarding funds paid to support this and other projects in the City.
Joe Tonascia supported allowing his project to move forward and described low income housing that could be created.
Joe supported affordable housing for the Tonascia property, commented on other proposed projects, and supported multi-family housing.
Cesar Plascencia supported use of skilled workers to complete construction projects.
Jason Noble, representing Stewart Fahmy, stated Mr. Fahmy desire for the project to move forward.
Victor Gomez offered to meet with Council or provide a presentation a public meeting regarding various development projects.
Mary Hsia-Coron supported moving forwarding with the draft General Plan Update that was completed in early 2023.
Vice Mayor Picha closed the public hearing at 9:28 p.m.
By consensus, the City Council agreed to continue the meeting past 10:00 p.m.
7 By consensus, the City Council directed staff to move forward with a General Plan Update to incorporate policies from the 2023 General Plan Update and also include elements of the 2024 General Plan updates as follows:
Various Land Use Changes - density to be determined later Rezoning the North Gateway area to Mixed-Use
Allowing for creation of a Public Art Fee
Agricultural Land Preservation policy with 2:1 acre ratio Consider and adopt a 20% Inclusionary Housing Ordinance Additionally, the City Council directed staff to amend the Climate Action Plan and update the 6th Cycle Housing Element Update.
By consensus, the City Council directed staff to defer creation of an Urban Growth Boundary until after the General Plan has been updated.
By consensus, the City Council directed staff to bring the following in- process Prezoning for Annexation & General Plan Amendment applications forward following a General Plan Update:
a. General Plan Amendment 2020-1, Prezone 2020-2 – Hollister Research Campus
b. Prezone 2020-1 – Lico & Greco Properties
c. General Plan Amendment 2022-2, Rezone 2022-1 – Hollister Multifamily LLC
d. Prezone 2019-2 – Joseph Nguyen/Clearist Park
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
Adopt a resolution denying the request for Initiation of General Plan Amendment 2022-3 and Prezone 2022-1 – Severita Hamana.
Ayes (4): Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda
Absent (1): Mayor Stephens
Carried (4 to 0)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
8 Adopt a resolution denying the request for Initiation of General Plan Amendment 2022-3 and Prezone 2022-1.
Ayes (3): Council Member Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Absent (1): Mayor Stephens
Carried (3 to 1)
Moved by: Council Member Resendiz
Seconded by: Council Member de Anda
Adopt a resolution denying the request for Initiation of Prezone 2023-2.
Ayes (2): Council Member Resendiz, and Council Member de Anda Noes (2): Council Member Picha, and Council Member Morales Absent (1): Mayor Stephens
Tied (2 to 2)
Moved by: Council Member Picha
Seconded by: Council Member Resendiz
Reconsider the vote to adopt a resolution denying the request for Initiation of Prezone 2023-2.
Ayes (3): Council Member Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Absent (1): Mayor Stephens
Carried (3 to 1)
Moved by: Council Member Resendiz
Seconded by: Council Member Morales
Adopt a resolution denying the request for Initiation of Prezone 2023-2.
9 Ayes (3): Council Member Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Absent (1): Mayor Stephens
Carried (3 to 1)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution denying the request for Initiation of Prezone 2023-3.
Ayes (3): Council Member Picha, Council Member Resendiz, and Council Member de Anda
Noes (1): Council Member Morales
Absent (1): Mayor Stephens
Carried (3 to 1)
10. INFORMATIONAL REPORTS
10.1 COMMITTEE ASSIGNMENTS
Council recessed at 10:59 p.m. and reconvened at 11:08 p.m. with Councilmembers Picha, Resendiz, Morales, and de Anda present.
Councilmember Resendiz reported on the San Benito County Council of Governments meeting.
Vice Mayor Picha reported on recent meetings with state representatives.
10.2 COUNCIL REPORTS
Councilmember Resendiz reported he and other members of Council attended the Earth Day Celebration on Saturday.
Vice Mayor Picha reported on upcoming opportunities to participate in community clean up events.
1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
10.3 CITY MANAGER REPORT
City Manager David Mirrione provided an update on the Hollister Independence Rally.
1. UPDATED CITY COUNCIL PROJECTS
10 11. CLOSED SESSION
Vice Mayor Picha opened public comment at 11:16 p.m.
There were no speakers for the closed session agenda items.
Vice Mayor Picha closed public comment at 11:16 p.m.
City Attorney Mary Lerner read the closed session item titles.
Vice Mayor Picha convened the meeting into closed session at 11:20 p.m.
11.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager David Mirrione and Administrative Services Director Casey Estorga
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees
11.2 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 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: 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
Vice Mayor Picha adjourned the meeting at 12:09 a.m.
Jennifer Woodworth, City Clerk
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # Fire-2025-11
AGENDA ITEM: AN ORDINANCE AMENDING THE HOLLISTER MUNICIPAL CODE TO ADD SECTION 8.40 ENTITLED “FIRE HAZARD SEVERITY ZONES” TO
DESIGNATE LOCAL FIRE HAZARD SEVERITY ZONES
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt an ordinance designating Fire Hazard Severity Zones (FHSZ) in the City of Hollister City Limits.
DISCUSSION: The California State Fire Marshal has identified areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. Government Code Section 51178.5 requires local agencies to make the information available for public review and comment within 30 days of receiving the updated information. The City of Hollister received the updated mapping details on March 10, 2025, and has made the map available to the public on the City of Hollister Website as of May 11, 2025.
Government Code Section 51179 requires local agencies to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the California State Fire Marshal's Office.
FISCAL IMPACT: N/A
PREVIOUS COUNCIL OR COMMISSION ACTION: Ordinance introduced and Public Hearing held on April 21, 2025
CEQA: N/A
ATTACHMENTS:
1. Ordinance
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE
HOLLISTER MUNICIPAL CODE TO ADD SECTION 8.40 ENTITLED
“FIRE HAZARD SEVERITY ZONES” TO DESIGNATE LOCAL FIRE
HAZARD SEVERITY ZONES WITHIN THE CITY
WHEREAS, the State Fire Marshal is responsible for identifying areas in the State as ‘Moderate’, ‘High’, and ‘Very High’ severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas; and
WHEREAS, the California Department of Forestry and Fire Protection (CalFIRE) released updated Fire Hazard Severity Zone (“FHSZ”) maps to the City of Hollister (“City”) on March 10, 2025, designating areas within the City as being in ‘Moderate’ fire hazard zones; and
WHEREAS, in accordance with Government Code Section 51178.5, the City posted the FHSZ maps for public review and comment within 30 days after receiving the transmittal from the State Fire Marshal that identifies fire hazard severity zones; and
WHEREAS, the City posted the FHSZ maps electronically to the City’s website; and
WHEREAS, under California Government Code Section 51179(a), the City is required to adopt the updated FHSZ maps by ordinance within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178, and transmit a copy to the State Board of Forestry and Fire Protection (Forestry Board) pursuant to Government Code Section 51179(c); and
WHEREAS, adoption of the updated FHSZ maps will promote public safety, ensure compliance with State law, and ensure current fire hazard assessments are reflected in local planning and regulatory processes; and
WHEREAS, the City hereby designates the FHSZ as recommended by CalFIRE pursuant to Government Code Section 51178.
CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:
SECTION 1. The City of Hollister hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178. The official map is also located electronically on the City of Hollister website.
SECTION 2. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
Ordinance No. XXXX
SECTION 3. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 4. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular City Council meeting on April 21, 2025 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on May 5, 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
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 May 5, 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 May 5, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Ordinance No. XXXX
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # Public Works-2025-27
AGENDA ITEM: A RESOLUTION APPROVING THE DRAFT ENGINEER’S
REPORT FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR
LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Cristian Builes, Associate Engineer
RECOMMENDED ACTION: Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026.
DISCUSSION: On May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy, and collection of assessments against parcels of land within the boundary of Landscape and Lighting District No. 93 -1 to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way and easements, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act).
On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the Landscape and Lighting District No. 93-1.
On April 21, 2025, the City Council adopted Resolution No. 2025-51, which initiated the proceeding for the levy and collection of assessments for Landscape and Lighting District No 93-1 and ordered the City Engineer to prepare the required Engineer’s Report for Fiscal Year 2025/2026 and file it with the City Clerk.
The City Engineer has prepared a Draft Engineer’s Report and filed it with the City Clerk. The Draft Engineer’s Report includes exhibits showing the Boundary Diagram and Collection Roll.
The District has been subdivided into three zones – Zone A, B and C. The fees for each zone differ due to the different services provided to each Zone. The benefits for the zones are described in Section 4, “Special Benefit Zones” of the Report. The Zone A is for “Street Light Operation, Maintenance, and Services.” Zone B is for “Landscaping Operation, Maintenance, and Services.” Zone C is for “Enhanced Landscaping, Operation, and Services”
The District is comprised of 3,596 assessable parcels. The 433 +/- parcels within Sunny Slope Village Subdivision pay the Zone A fee plus the Zone C fee ($152.12). All other parcels pay the Zone A fee plus the Zone B fee ($51.54).
A comparison of the amounts of the Fiscal Year 2024/2025 assessments to the FY 2025/2026 assessments is as follows:
Zone FY 2024/2025 per EDU FY 2025/2026 per EDU
A $24.20 $24.20
B $27.34 $27.04
C $127.92 $127.92
A previous City Council directed staff to offer a fifty percent (50%) reduction in the District Fee to senior citizens. Section 12, “Senior Citizen Fee Reduction” of the Draft Engineer’s Report describes the process for obtaining the reduction.
The City Council will hold a public hearing on June 2, 2025 at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers at 375 Fifth Street, Hollister, CA 95023. A notice of the hearing will be published.
FINANCIAL IMPACT: The budget reflects anticipated revenue of $223,669.25. This budget reflects a zero carryover of unexpected funds from the expended funds from FY 2024/2025.
PREVIOUS COUNCIL OR COMMISSION ACTION: On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the Landscape and Lighting District No. 93-1. On April 21, 2025, the City Council adopted Resolution No. 2025-51.
CEQA: This action does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. Resolution
2. Draft Engineer’s Report
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE DRAFT ENGINEER’S REPORT FOR THE LEVY AND
COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026
WHEREAS, on May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy and collect assessments against parcels of land within the boundary of Landscape and Lighting District No. 93 -1 to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way and easements, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act); and
WHEREAS, on July 6, 1993, the City Council adopted Resolution No. 93 -111 which ordered the formation of the Landscape and Lighting District No. 93-1; and
WHEREAS, on April 21, 2025, the City Council of the City of Hollister adopted Resolution No. 2025-51 which approved the initiation of proceedings for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 and ordered the City Engineer to prepare the required Engineer’s Report and file it with the City Clerk; and
WHEREAS, the City Engineer prepared the Draft Engineer’s Report for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 and filed it with the City Clerk; and
WHEREAS, the City Council wishes to approve the Draft Engineer’s Report to continue the process to levy and collect assessments for Landscape and Lighting District No. 93 - 1 for Fiscal Year 2025/2026.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the Draft Engineer’s Report dated April 21, 2025, for levy and collection of assessments for Landscape and Lighting District No. 93 -1 for Fiscal Year 2025/2026.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 5, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
Resolution No. 2025-XX
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 May 5, 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 May 5, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 93-1
FOR FISCAL YEAR 2025 /2026
CITY OF HOLLISTER
DRAFT ENGINEER’S REPORT
May 5, 2025
____________________________________
Mark Falgout, P.E.
Acting City Engineer
PREPARED BY:
CITY OF HOLLISTER
PW- ENGINEERING DIVISION
339 5th Street
Hollister, California 95023
2 INDEX
1. Executive Summary Statement
2. Introduction
3. District Boundaries
4. Special Benefit Zones
5. Description of Services, Operations and Maintenance
6. Plans and Modifications
7. Method of Apportionment
8. Basic Assessment Unit
9. Land Use Code Description
10. District Budget
11. Program
12. Senior Citizen Fee Reduction
13. No Bonded Indebtedness
14. Limitation on Increase of Annual Assessment
15. Collection Roll
Appendix:
1. Exhibit A (Map and list of Properties within the District)
2. Collection Roll (FY 2025 / 2026)
3 1. EXECUTIVE SUMMARY STATEMENT:
The City Engineer prepared this report, hereinafter known as the Report, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with section 22500 et seq., hereinafter known as the Act. As instructed, the Report identifies and documents the services, boundary, estimate of costs, method of apportionment, collection roll, and presents the analysis for the 2025 / 2026 fiscal year for Landscaping and Lighting District No. 93-1, hereinafter known as the District.
The annual assessment proposed to be levied against parcels of land within the Landscape and Lighting District No. 93-1 is not an increase from that of the 2024 / 2025 fiscal year. The general characterization of the nature, location, and extent of the improvements for Special Benefit Zones A, B, and C are included in this Report.
The Special Benefit Zones of the District are as follows:
Zone A: Street Lighting Operation, Maintenance, and Services The operation, maintenance, and services provided will be the energy cost and a replacement reserve for the street lights contained within noncontiguous development areas throughout the incorporated City limits. All of the properties in the District are included in this Zone. The boundary for Zone A is defined within Exhibit A of the Report.
Zone B: Landscaping Operation, Maintenance, and Services The operation, maintenance, and services for this zone are those required for the perimeter sound wall repair, landscape maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, and electricity and maintenance for irrigation systems as applicable. All of the properties in the District are included in this zone except those parcels of land within Sunnyslope Villages.
The boundary for Zone B is defined within Exhibit A.
Zone C: Enhanced Landscaping (Sunnyslope Villages Only) The operation, maintenance, and services for this zone are those required for perimeter soundwall repair, landscape maintenance, plant replacement, shrubbery, pruning, trimming and preventive treatment for street trees, turf, irrigation water, electricity and maintenance for irrigation systems, entry monuments, hardscape, detention basin, walls, fencing, drainage detention facilities, drainage structures and appurtenant facilities. This Zone is for Sunnyslope Villages exclusively, and does not include any other area of the District. The lots or parcels within this zone will also be assessed for street lighting in Zone A. The boundary for Zone C is defined within Exhibit A.
2. INTRODUCTION
In compliance with the order of the Hollister City Council, and pursuant to the Act, this Report presents the analysis for the 2025 / 2026 fiscal year of the District.
4 The law allows the District, by direct benefit assessments, to provide funding for the installation, maintenance, operation, servicing, and administration of the following improvements:
A. The installation or construction of public lighting facilities including, but not limited to, street lighting and traffic signals;
B. The installation or planting of landscaping;
C. The installation or construction of statuary, fountains, or other ornamental structures and facilities;
D. The installation of park and recreational improvements;
E. The maintenance and/or servicing of the above;
F. The acquisition of land for park, recreational or open space purposes;
G. The installation or construction of facilities appurtenant to the above, or which are necessary, or convenient for the maintenance and servicing; and
H. Incidental expenses related to the District.
Section 22573 of the Act provides that assessments be apportioned with regard to benefit rather than according to assessed value. A portion of the Section is quoted as follows:
The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method, which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 [commencing with Section 5000]).
The Act also provides for the classification of various areas within an assessment district into different zones. Section 22574 states that where,
Because of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory, which will receive substantially the same degree of benefit from the improvements.
The assessments are levied based on benefit, are therefore not a tax, and are not regulated by Article XIIIA of the Constitution of the State of California.
5 3. DISTRICT BOUNDARIES
The boundaries of the District are as set by Exhibit A within the City limits of the City of Hollister.
The boundaries of the District are more particularly described in maps on file in the office of the San Benito County Recorder and/or County Assessor. Such maps are made a part of this report by reference. All lots and parcels of real property affected are listed on the Collection Roll, which is on file in the office of the City Clerk of the City of Hollister. The lots and parcels are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Benito County Assessor. Such maps are made part of this report by reference.
4. SPECIAL BENEFIT ZONES:
Certain areas within the District receive differing degrees of benefit from certain improvements.
Zones of benefit have been established for parcels within these areas and are listed as follows:
Zone A: Street Lighting Operation, Maintenance, and Services
Zone B: Landscaping Operation, Maintenance, and Services
Zone C: Enhanced Landscaping Operation, Maintenance, and Services
5. DESCRIPTION OF SERVICES, OPERATIONS, & MAINTENANCE
The Services to be provided to the special benefit zones are as follows:
Improvements consisting of landscaping, irrigation systems, street paving, curb, and median repair; the landscaping includes, but is not limited to, maintenance personnel to perform pruning, cutting, trimming, fertilizing, and replacing of plant materials; supplying water and maintaining the irrigation systems in good, effective order; and supplying electricity for automatic meters and valves.
Services mean the furnishing of water for irrigation of landscaping, electricity, and the maintenance of any of the appurtenant facilities.
The landscaping and lighting operations, maintenance, and services to be provided within the special benefit zones will be located within public easement areas in connection with the boundary of Zone A, separately within Zone B and Zone C.
Zone A: Street Lighting Operation, Maintenance, and Services The services provided will be the energy cost and a replacement reserve for all of the street lights contained within noncontiguous development areas (Exhibit A) throughout the incorporated City limits. Eligible costs include, but are not limited to, poles, fixtures, bulbs, conduits, metering devices, anchors, posts and pedestals, guy wires and appurtenant facilities as required to provide lighting services.
6 Zone B: Landscaping Operation, Maintenance, and Services Operation, maintenance, and services required for the perimeter soundwall repair, landscaping maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, electricity, and maintenance for irrigation systems, and all appurtenant structures as applicable.
Zone C: Enhanced Landscaping Operation, Maintenance, and Services Landscaping, planting, shrubbery, trees, turf, irrigation systems, entry monuments, hardscapes, detention basin, walls, fencing, drainage detention facilities, drainage structures, and appurtenant facilities.
6. PLANS AND SPECIFICATIONS:
Plans and specifications for the improvements to be installed, maintained, operated, and serviced through the District are on file in the office of the Engineering Department of the City of Hollister.
7. METHOD OF APPORTIONMENT:
In accordance with the Act, the net amount to be assessed upon lots or parcels within special benefit Zone A, Zone B, and Zone C are apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements, namely the maintenance, servicing and operation of public landscaping and lighting within their respective boundary.
The maintenance, servicing, operation, and improvements are contained solely within public rights-of-way and dedicated public easements to the City of Hollister, and provide a special benefit received by each lot or parcel within the respective special benefit zone boundary, tending to enhance their value.
Special benefit zone establishment, pursuant to the Act, provides that for equal benefits and services received by lots or parcels within a district, groupings (zones) may be created which allow the costs to be levied only upon those lots or parcels receiving that specific service.
Public Lighting Installation, Maintenance, Operation, and Servicing Assessment
The intensity or degree of illumination, of street lights can have an effect on traffic movement and security awareness of properties or property improvements. Thus, the maintenance, operation, and servicing of public lighting within the City provide a special benefit to the lots or parcels, tending to enhance property value.
The primary benefits of public lighting are:
A. Improved ingress and egress from lots or parcels in the District; and
B. Improved security or protection of property, property improvements, and goods.
7 Proper roadway lighting improves ingress and egress from lots or parcels by illuminating access location after sunset. Likewise, street lighting provides a heightened sense of security for property owners by improving night time visibility of such lots or parcels, and the access of emergency vehicles thereto.
Also, in the case of commercial lots or parcels, such lighting improves ingress, egress, and better facilities for the opening and operation of businesses after sunset.
The assessment formula recognizes that special benefits received from public lighting are based on the following criteria:
1. Property Related – Traffic Circulation
A. An improved ingress to and egress from lots or parcels within the District.
B. An improved ingress to and egress from commercial lots or parcels and corresponding promotion of business during nighttime hours.
2. Property Related – Security
A. Improved illumination after sunset and a corresponding reduction in vandalism and other criminal acts and damage to improvements.
B. Improved illumination after sunset and a corresponding improvement in the access of emergency vehicles to such parcels.
C. Improved illumination after sunset and a corresponding reduction in illegal dumping on vacant land.
3. Property Related – Intensity
A. Intensity or degree of illumination provided on adjacent streets varies with the type of street and the use of the adjacent property.
Public Landscaping (and related improvements) Installation, Maintenance, Operation, and Servicing Assessment
Proper maintenance, operation, and servicing of landscaping, street trees, sidewalks, pedestrian furniture and related amenities are beneficial to any urban environment and enhance property values. Similarly, landscaping along major streets and preventive care of street trees serve to create a more pleasant environment for motorists, residents and pedestrians, as well as an attractive buffer for occupants of adjacent properties. Such areas significantly enhance the value of the properties in the entire City and enhance the image of the City as a whole. The landscaping attributes are
8 related to each lot or parcel within the special benefit Zone B for all nonexempt parcels, excepting Zone C, which will address only the landscaping services benefitting Sunnyslope Village.
8. BASIC ASSESSMENT UNIT:
The basic assessment unit for this formula is the Equivalent Dwelling Unit (EDU), which is represented by the single family residence where the Traffic Circulation benefits are assigned one- half and security and intensity benefits are assigned one-quarter units each, for a total of one unit or EDU.
Traffic Circulation benefits for multiple family residences are determined on a decreasing scale with one and one-quarter units assigned for each dwelling unit up to four dwelling units. For five or more dwelling units, the total numbers of units are assigned one-half of a unit for each dwelling unit plus one and one-quarter units for Security and Intensity.
A weighted factor has been assigned to each Land Use Code, as coded by the Assessor’s Office of the County of San Benito, for the application of the fee to each lot or parcel. This formula prescribes equivalency factors proceeding from the base EDU Single Family Residential to all other eligible land use codes.
The following listing identifies the weight assignment for the respective land use codes:
9. LAND USE CODE DESCRIPTION: EDU Assignment
Agriculture 0.25 EDU / Acre with 0.25 EDU minimum
Single Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Single Family Residential 1.00 EDU / Home
Condominium / PUD 0.90 EDU / Condo
Multi-Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Multi-Family Duplex 1.75 EDU / Parcel
Multi-Family Triplex 2.50 EDU / Parcel
Multi-Family Fourplex 3.25 EDU / Parcel
Multi-Family Five Units or More [(total units x 0.50) + 1.25] x 1.00 EDU
Commercial / Industrial – Group 1 2.00 EDU / Parcel
Church
Parking Lots
Commercial / Industrial – Group 2 3.00 EDU / Parcel
Bank
Machine / Welding
9 Office Facilities
Repair Garage
Veterinary
Commercial / Industrial – Group 3 4.00 EDU / Parcel
Auto Parts Medical or Dental Office
Clubhouse and Lodges School or Day Care
Stores Retail Service Station
Funeral Home
Commercial / Industrial – Group 4 5.00 EDU / Parcel
Hotel Liquor Store Industrial
Auto Dealer Lumber Yard Cannery
Bar Motel Food Processing
Bowling Alley Mini Storage
Bulk Paint Restaurant
Car Wash Small Food & Gas
Cold Storage Small Food Store
Fast Food Restaurant Theater
Farm Supply / Equipment
Laundry
Commercial / Industrial – Group 5 5.00 EDU / Acre
Manufacturing
Mobile Home Park
Sand and Gravel
Shopping Center
Supermarket
Truck Facility
Warehouse
Winery
10. DISTRICT BUDGET:
The Fiscal Year 2025/2026 budget reflects administration, collection, maintenance, and operation expenses.
Zone A Budget Amount
Legal Counsel $500.00
Professional Accounting Services $2,000.00
10 Report Preparation and Administration $10,000.00
Street Pole Replacement $1,940.00
Energy Lamp Cost $70,528.47
Subtotal $84,968.47
Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2025 / 2026 Total $84,968.47
Units (EDU to Assess) 3,510.78
Yearly Assessment per EDU $24.20
Zone B Budget Amount
Legal Counsel $400.00
Professional Accounting Services $100.00
Report Preparation and Administration $1,270.00
Detention Pond $2,400.00
Streetscape Maintenance $17,913.00
Street Trees $21,550.00
Irrigation Water and Power $10,450.00
Chemicals $5,000.00
Sound Wall Maintenance $22,000.00
Plant Replacement $2,100.00
Subtotal $83,183.50
Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2025 / 2026 Total $83,183.50
Units (EDU to Assess) 3,076.78
Yearly Assessment per EDU $27.04
Zone C Budget Amount
Professional Accounting Services $350.00
Report Preparation and Administration $100.00
Streetscape Maintenance $10,000.00
Street Trees $9,635.00
Irrigation Water and Power $15,290.00
Chemicals $3,000.00
Sound Wall Maintenance $6,091.28
Plant Replacement $1,100.00
Detention Basin/Park $9,951.00
City Contributions $0.00
Subtotal $55,517.28
Plus Carry-Over Surplus/Deficit $0.00
11 Fiscal Year 2025 / 2026 Total $55,517.28
Units (EDU to Assess) 434.00
Yearly Assessment per EDU $127.92
TOTAL OF ALL ZONES FISCAL YEAR $223,669.25
2025 / 2026 ASSESSMENT
FINANCIAL IMPACT: Anticipate receiving approximately $223,669.25 in assessment revenue.
11. PROGRAM:
ZONE A: Street Lighting Operation and Maintenance
The total Zone A budget will be levied upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.
ZONE B: Street Tree Trimming, Parks, and Landscape Maintenance The total Zone B budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.
ZONE C: Enhanced Landscaping Operation, Maintenance, and Service The total Zone C budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as applicable, excluding lots and parcels within Zone C.
12. SENIOR CITIZEN FEE REDUCTION
The City Council has directed that a fifty percent (50%) reduction in the District Fee be offered to senior citizens. To be eligible for this reduction, a senior citizen must be sixty-two years of age or older and be a resident owner of the property. The request for reduction must be made in person, with proof of qualification and property information. It must be filed in the Finance Department of the City of Hollister every year that the District Fee is levied.
13. NO BONDED INDEBTEDNESS:
The City Council has declared that this District will not pursue Bonded Indebtedness to provide Service, Maintenance, and Operation requirements.
14. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT:
12 The City Council will comply with legal requirements to order the preparation of a Report and to conduct a public meeting and public hearing annually concerning the levy of assessments for the District in accordance with the Act.
15. COLLECTION ROLL:
The individual fee by special benefit zone, ordered and tabulated by Assessor Parcel Numbers, as assigned by the County of San Benito Assessor’s Office, is shown on the Collection Roll within the Appendix of this Report.
Respectfully Submitted,
__________________________________________________________ Mark Falgout, P.E., Acting City Engineer
2025/2026
2025/2026
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # Airport-2025-06
AGENDA ITEM: A RESOLUTION APPROVING AN AIRPORT USE AGREEMENT
WITH TRUWEATHER SOLUTIONS, INC TO PLACE ADVANCED WEATHER
SENSOR INSTRUMENTS AT THE HOLLISTER MUNICIPAL AIRPORT
DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director
STAFF CONTACT: Jeff Crechriou, Airport Director
RECOMMENDED ACTION: Adopt a resolution approving an Airport Use Agreement with TruWeather Solutions, Inc. to place advanced weather sensor instruments at the Hollister Municipal Airport and authorizing the City Manager to execute the Agreement.
DISCUSSION: TruWeather Solutions, Inc. (TruWeather) is a member of the NASA Pathfinding for Airspace with Autonomous Vehicles (PAAV) project with plans to integrate advanced weather sensing instruments into the Central California weather sensor ecosystem to create a safer and operationally friendly environment for all NASA PAAV stakeholders.
In December 2024, the Airport was contacted by TruWeather with interest in locating advanced weather sensor instruments at the Airport. The precise weather (wind) information collected by the advanced weather sensing instruments would be available to a variety of stakeholders, such as general aviation aircraft/pilots, gliders, Advanced Air Mobility aircraft, and could benefit Fire Fighters/CAL Fire.
After mutliple meetings with TruWeather and NASA and a site visit, a location in the far north-east area of the Airport property, approximately 1,400 feet beyond the Runway 31 end, was identified to install an up to 6’x10’x4” concrete pad for placing two advanced weather sensors, and there would be a connection for power and for commercial internet service. Once the instruments are in place, there will be minimal need to access the site should there need to be repair or inspection/servicing of the equipment.
FISCAL IMPACT: TruWeather will pay for all costs associated with placing the advanced weather sensors on airport property and will pay the Airport $100.00 per month for use of the facility/property.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. TruWeather Airport Use Agreement
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AN AIRPORT USE AGREEMNT WITH TRUWEATHER
SOLUTIONS, INC. TO PLACE ADVANCED WEATHER SENSOR
INSTRUMENTS AT THE HOLLISTER MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, TruWeather Solutions, Inc. (TruWeather) is a member of the NASA Pathfinding for Airspace with Autonomous Vehicles (PAAV) project with plans to integrate advanced weather sensing instruments into the Central California weather sensor ecosystem to create a safer and operationally friendly environment for all NASA PAAV stakeholders; and
WHEREAS, the precise weather (wind) information collected by the advanced weather sensing instruments would be available to a variety of stakeholders, such as general aviation aircraft/pilots, gliders, Advanced Air Mobility aircraft, and could benefit Fire Fighters/CAL Fire; and
WHEREAS, TruWeather has identified a location in the far north-east area of the Airport property, approximately 1,400 feet beyond the Runway 31 end, to install an up to 6’x10’x4” concrete pad for placing two advanced weather sensors. Once the instruments are in place, there will be minimal need to access the site should there need to be repair or inspection/servicing of the equipment; and
WHEREAS, TruWeather will pay for all costs associated with placing the advanced weather sensors on airport property and will pay the Airport $100.00 per month for use of the facility/property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby:
1. Approve an Airport Use Agreement with TruWeather Solutions, Inc. to place advanced weather sensor instruments at the Hollister Municipal Airport; and
2. Authorize the City Manager to execute the Agreement.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 5, 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 May 5, 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 May 5, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
CITY OF HOLLISTER
AIRPORT USE AGREEMENT
This airport use agreement (“Agreement”) is made and entered into this 7th day of May 2025 (“Effective Date”), by and between the City of Hollister, a California municipal corporation, acting by and through its Airport Director (“City”), and TruWeather Solutions, Inc., a corporation organized and existing under the laws of Delaware (“User”), located at 2 Tower Place, Albany, NY 12203 (individually referred to as a “Party” and collectively referred to as the “Parties”).
RECITALS
This Agreement incorporates and is based upon the following representations and understandings:
WHEREAS, City is the owner and operator of the Hollister Municipal Airport, located in the County of San Benito, State of California (the “Airport”), with the power to grant rights and privileges, including the power to grant Airport use and access, pursuant to the provisions of City Municipal Code Chapter 13.28, among other federal, state, and local laws, rules, and regulations;
WHEREAS, the Airport is a federally obligated nonprimary public-use general aviation airport included in the National Plan of Integrated Airport Systems (“NPIAS”); WHEREAS, the Airport currently accommodates Unmanned Aircraft System (“UAS”) operations by other tenants in the same operational area; WHEREAS, the User desires to place two advanced weather sensor instruments at the Airport in support of the NASA Pathfinding for Airspace with Autonomous Vehicles (PAAV) project; and
WHEREAS, the Parties desire to enter into this Agreement to establish the terms and conditions under which the user may place advanced weather sensor instruments at the Airport.
NOW, THEREFORE, and in consideration of the mutual terms and conditions hereinafter set forth, the City and User hereby agree to the following:
AGREEMENT
I. Term of Agreement
This Agreement shall commence on the Effective Date and terminate after one (1) year.
Following the one (1) year term, the Agreement shall continue on a month-to-month basis unless terminated by either Party or pursuant to the terms and conditions hereinafter.
2 II. Permitted Use and Operations
User is hereby granted permission to construct an up to 6’x10’x5” concrete pad, place advanced weather sensor instruments on the pad, chain link fence in the pad, connect to nearest electrical power source and communications (commercial internet service), and run appropriate conduit for these connections in a path to be agreed to by the Airport and such construction by contractor(s) of the User’s choice and cost shall be coordinated with the Airport, including contractor(s) access to the Facilities. User will operate the equipment and may need access to the location to perform maintenance or tuning of the sensors (Operations). User shall provide the Airport Director thirty-six (36) hours’ notice of needing access to the Airport Operations Area to perform maintenance and/or tuning of the sensors by email to: [email protected].
III. Facilities
User is hereby granted permission to use those facilities and areas of the Airport, as are more fully described in Exhibit A-1 and Exhibit A-2, attached hereto and made a part hereof (the “Facilities”), for their Operations. The User’s access is strictly confined to the designated Facilities and necessary ingress and egress routes. Access to any other areas of the Airport is expressly prohibited without prior written authorization from the Airport Director.
IV. Operational Requirements
Operational requirements include, but are not limited to, the following key provisions in this Section IV.
A. Personnel Requirements.
i. Prior to conducting Operations, User shall provide to the Airport Director a current list of names and contact information, including cell phone numbers, for principal persons who are responsible for the conduct of the Operations and who should be contacted in the event of an emergency (“Responsible Personnel”).
ii. User shall notify Airport Director any time there is a change in or addition to Responsible Personnel.
iii. Personnel shall wear safety vests at all times upon entering into the Airport Operations Area.
B. Equipment Requirements.
i. Vehicles driven in the Airport Operations Area to conduct User Operations shall be flagged and/or utilize a flashing amber beacon at all times.
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3 C. Safety Procedures.
i. While in the Airport Operations Are, User shall have an aviation band radio and monitor the Airport CTAF, 123.0000, for situational awareness. ii. City shall maintain the Facilities to Airport standards, and at all times free of any structures, vehicles (except for the Aircraft and other permitted vehicles), debris, trash, fencing, etc. Prior to and after conducting any Operations, the User must examine the condition of the Facilities to determine if it is in a safe condition to use for Operations. Any unsafe condition should be immediately reported to the Airport Director and/or Airport personnel.
iii. In the event of damage resulting from User’s Operations or other activities, User must pay for and repair all damages to the Airport and/or Facilities in a timely manner.
iv. User shall adhere to any applicable Federal Aviation Administration (“FAA”) regulations and conduct all Operations in accordance with the City of Hollister Municipal Code Chapter 13.24 “Hollister Municipal Airport Use and Operations Regulations.”
v. User shall not allow any equipment associated with the Operations to travel on or across runway, taxiways, or ramps at any time. vi. Radio equipment and use requirements shall be consistent with FAA regulations. User is responsible to ensure that radio frequency(s) are at all times free from interference and cannot be used during Operations by anyone other than the User.
vii. No persons shall possess or consume any alcoholic beverage or illegal drug in or around any areas when Operations are taking place. No person employed by or providing services to User shall possess, consume, and/or have in his or her system any alcoholic beverage or illegal drug in or around any areas where Operations are taking place. In addition, Responsible Personnel shall not possess or have in his or her systems any legal drug that impairs or could impair their ability to operate an aircraft (including on the runway, taxiways, and the designated ramp area, in or around any associated vehicles, or anywhere on the Airport). viii. User shall cooperate with the City/Airport in notifying pilots, users, and tenants of the Airport about the User’s Operations.
ix. Operational-related notifications of a non-emergency nature should be made to the Airport administrative staff, either in person or by telephone (831) 636-4365. For occasions when the Airport administrative staff may not be available and the matter requires immediate attention, the Airport Director may be contacted (831) 902-7433.
x. User in entering into this Agreement acknowledges that it has received and shall abide by the rules and regulations set forth in the City of Hollister Municipal Code Chapter 13.24 “Hollister Municipal Airport Use and Operations Regulations,” and shall conduct its activities in accordance
4 with applicable federal and state statutory and decisional laws, City of Hollister ordinances, rules and regulations, and the requirements of any other duly authorized government agency (“Airport Rules and Regulations”).
V. Prohibitions
User is expressly prohibited from engaging in the following activities or conduct. Any violation of these prohibitions will result in immediate termination of this Agreement.
A. Prohibitions and Restrictions on Access. User is specifically prohibited from granting any access to the Facilities or the Airport to any parties other than Responsible Personnel. This restriction also includes User taking reasonable precautions acceptable to City to prevent the accidental access to the Airport by any other parties.
B. No Assignment. Use of the Facilities is personal to the User and the rights, privileges, duties, and obligations of the User under this Agreement shall not be assigned, transferred, subcontracted, or delegated in whole or in part. Any assignment, transfer, subcontract, or delegation, whether voluntary or involuntary, by operation of law or otherwise, is void and shall terminate this Agreement.
C. Operational Area Restrictions. There may be no Operations over the Airport runways or taxiways at any time. Operations are strictly limited to the Facilities specified in Exhibit A. There may be no storage of equipment or materials on the Facilities or Airport property except as specifically provided for in Section II Permitted Use and Operations. No modification is permitted to the designated Facilities.
VI. Airport User Fees
A. Fees. User agrees to one hundred dollars ($100.00) per month for the use of the Facilities. Payment shall be made payable to the City and delivered or mailed to the following address to be received on the first day of the month following the month for which payment is due.
Finance Department
City of Hollister
Re: Hollister Municipal Airport Access Fee
327 Fifth Street
Hollister, CA 95023
B. Penalty for Late Payment. In the event any payment remains unpaid for five (5) days, a late fee of ten percent (10%) shall be charged by the City. In the event User shall become delinquent for more than thirty-one (31) days, this Agreement
5 shall be terminated by the City as further defined in Article X – Termination of Agreement.
VII. Agreement Subordinate to Grant Assurances, Agreements with United States and Federal Obligations
This Agreement shall be nonexclusive and shall always be subordinate to the provisions of any existing or future agreements between the City and the United States Government, or to any order issued by the United States Government, or to any grant assurances of the Airport, or to any of the Airport’s or the City’s federal obligations.
This Agreement, in the City’s sole discretion, is subject to the initial and ongoing approval and consent by the FAA, and is subject to the terms, conditions, and requirements of any existing or future grant agreement(s) or grant assurance(s) at or in connection with the Airport and may be revoked, terminated, or canceled immediately if this Agreement violates any such grant assurance(s) or grant agreement(s) or any FAA regulation or any applicable local state or federal law, policy, rule, permit, standard, or regulation, whether currently in effect, hereafter adopted, or as may be amended, modified, changed, or superseded.
User agrees to abide by the Airport Rules and Regulations in effect as of the date of this Agreement and as may be amended from time to time.
VIII. Indemnity
User agrees, to the fullest extent permitted by law, to indemnify and hold harmless City and its past, present, and future officers, directors, agents, employees, and representatives from and against all liability for any and all claims, suits, demands, and/or actions arising from or based upon intentional or negligent acts or omission on the part of User, its owners, officers, directors, agents, representatives, employees, members, visitors, invitees, contractors, or subcontractors, which may arise out of or result from User’s Operations or use of the Facilities and Airport property, and/or activities conducted in connection with or incidental to this Agreement. This indemnity provision shall apply regardless of the nature of the injury or harm alleged, whether for injury or death to persons or damage to property, or whether such claims are alleged as common law, statutory, or constitutional claims, or otherwise. This indemnity provision shall apply whether the basis for claims, suit, demand, and/or action may be attributable in whole or in part to the User or any of its owners, officers, directors, agents, representatives, employees, members, visitors, invitees, contractors, or subcontractors, or to anyone directly or indirectly employed by any of them.
IX. Insurance
Without in any way limiting User’s liability, or indemnification obligations set forth in Section VIII above, User shall secure and maintain throughout the Term of this Agreement the insurance listed in Exhibit C. Neither User nor any of the User Parties shall commence in any use of the facility including installation of the concrete pad and power and communications conduit until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that
6 City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a n otice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self -insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties.
A copy of the declarations page of User ’s insurance policies shall be attached to this Agreement as proof of insurance.
X. Termination of Agreement
Either Party may terminate this Agreement at any time. The City may terminate this Agreement immediately for safety violations or non-compliance with any Agreement terms herein.
XI. Compliance with Laws
The undersigned User certifies that User shall agree to abide by and comply with all Airport Rules and Regulations now in force, or which may hereafter be in force, pertaining to the Airport. The judgement of the Airport Director of the violation of any such law, ordinance, rule, regulation, or requirement shall be conclusive evidence of that fact.
Furthermore, the undersigned User certifies that User shall agree to abide by and comply with all conditions, requirements, and terms of any existing and future federal and state grant agreement pertaining to the Airport.
Failure to comply with any of these certifications shall cause immediate revocation and cancellation of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers and representatives of each of the Parties on the date first shown above.
CITY OF HOLLISTER
David Mirrione, City Manager Date
USER
Don Berchoff, CEO Date
TruWeather Solutions
EXHIBIT A-1: DESIGNATED FACILITIES
8 EXHIBIT A-2: DESIGNATED INGRESS/EGRESS
9 EXHIBIT B: TRUWEATHER SOLUTIONS WEATHER SENSOR INSTRUMENTS
10 EXHIBIT C: INSURANCE REQUIREMENTS
User shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the User, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if User has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions): Insurance appropriates to the User’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable – see footnote next page)
If the User maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the User including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the User’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
11 Primary Coverage
For any claims related to this contract, the User’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the User’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The User may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the User’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
User hereby grants to City a waiver of any right to subrogation which any insurer of said User may acquire against the City by virtue of the payment of any loss under such insurance. User agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the User to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of User or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due User to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense
12 costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the User must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
User shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the User’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # Fire-2025-04
AGENDA ITEM: A RESOLUTION FOR THE 2025 WEED ABATEMENT PROGRAM
AND HOLD A PUBLIC HEARING
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Carlos Bedolla, Deputy Fire Marshal
RECOMMENDED ACTION: Hold a public hearing for the receipt of objections to the proposed abatement of weeds and adopt a resolution declaring the condition of certain properties to constitute a public nuisance, and ordering the abatement of weeds thereon.
DISCUSSION: Annually, the City has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. The action proposed is to adopt the resolution declaring certain properties to constitute a public nuisance, ordering the abatement thereon and open a public hearing. All costs associated with the program shall be assessed as liens filed on the property for which abatement is performed.
City Council previously adopted Resolution 2025-36 setting a public hearing for May 5, 2025, and declaring weeds to be a nuisance per Municipal Code 2.10.050 and per Government Code Sections 39560 et seq. authorizes the city council to declare properties in the City to be public nuisances and to abate said public nuisance by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties.
This public hearing is to hear objections to the proposed abatement of weeds and oth er flammable materials existing on said properties (Exhibit A); and written notice of the proposed abatement and hearing date was mailed to all affected property owners in the manner and form required by law (Exhibit B).
FISCAL IMPACT: Estimated cost of $8,000 – recovered from property owners.
PREVIOUS COUNCIL OR COMMISSION ACTION: Approved per Resolution 2025-36
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Resolution 2025-36
3. Exhibit A – 2025 Weed Abatement List
4. Exhibit B – Notice to Destroy Weeds
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
DECLARING THE CONDITION OF CERTAIN PROPERTIES TO
CONSTITUTE A PUBLIC NUISANCE, ORDERING THE ABATEMENT OF
WEEDS THEREON, AND CONDUCTING A HEARING FOR THE
RECEIPT OF OBJECTIONS TO THE PROPOSED ABATEMENT
WHEREAS, at the City Council Meeting on March 17, 2025, the City Council adopted Resolution 2025-36 declaring weeds to be a nuisance; and
WHEREAS, the City of Hollister Municipal Code 2.10.050 authorizes Hollister fire to cause the removal of uncultivated weeds and shrubs; and
WHEREAS, Government Code Sections 39560 et seq. authorizes the city council to declare properties in the City to be public nuisances and to abate said public nuisance by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and
WHEREAS, a public hearing was scheduled for May 5, 2025, in the City Hall council chambers to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties; and
WHEREAS, written notice of the abatement date of May 1, 2025, and public hearing date of May 5, 2025, was mailed to all affected property owners in the manner and form required by law; and
WHEREAS, on May 5, 2025 at the public hearing, the City Council received and considered all reports, recommendations, and testimony relating to the proposed abatement of identified properties.
NOW, THEREFORE, BE IT RESOLVED:
1. The Fire Chief, and/or his representative or agent, is hereby authorized to abate weeds and other flammable materials existing or maintained on those properties identified in the attached Exhibit “A”.
2. The Fire Chief, and/or his representative or agent, shall keep an itemized accounting of costs relating to each such abatement, including administrative costs, and after confirmation by the City Council, said costs shall constitute a lien against the subject property, and a personal obligation of the property owner.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 5, 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 May 5, 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 May 5, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
2025
Weed Abatement
Official List
Exhibit "A"
Parcel No.Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 020-460-037-000 COUNTY OF SAN BENITO 481 4TH STREET Hollister CA 95023 HILLCREST ROAD 050-020-005-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2770 MICHAEL COURT 050-020-006-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2780 MICHAEL COURT 050-020-007-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2790 MICHAEL COURT 050-020-008-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 600 BERT DRIVE 050-020-019-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2891 MICHAEL DRIVE 050-020-002-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2881 MICHAEL DRIVE 050-020-021-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2871 MICHAEL DRIVE 050-020-022-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2861 MICHAEL DRIVE 050-020-023-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2851 MICHAEL DRIVE 050-020-024-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2841 MICHAEL DRIVE 050-020-025-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2831 MICHAEL DRIVE 050-020-026-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2821 MICHAEL DRIVE 050-020-027-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2811 MICHAEL DRIVE 050-020-028-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2801 MICHAEL DRIVE 050-020-029-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2800 MAYA COURT 050-020-030-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2820 MAYA COURT 050-020-031-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2821 MAYA COURT 050-020-035-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2781 MICHAEL COURT 050-020-036-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2791 MICHAEL COURT 050-020-037-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 300 BERT DRIVE Created on: 3/21/08
Last Modified: 5/1/2025 1 Page 117 of 164
2025
Weed Abatement
Official List
Exhibit "A"
050-020-038-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 200 BERT DRIVE 050-020-032-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2811 MAYA COURT 050-020-033-000 CLEARIST PARK INC A CALIF CORP 426 S MAIN ST MILPITAS CA 95035 2801 MAYA COURT 051-020-017-000 LEE SHAHINIAN P.O. Box 3596 ATTN: LEE SHAHINIAN ([email protected])Los Altos CA 94024 0 San Felipe Rd 051-020-019-000 LEE SHAHINIAN P.O. Box 3596 ATTN: LEE SHAHINIAN([email protected])Los Altos CA 94024 50 Santa Ana Road 051-090-019-000 UNITED STATES POSTAL SERVICE 100 MAPLE STREET HOLLISTER CA 95023 100 Maple Street - Open Lot 051-100-022-000 COLLINS MICHAEL & JESSICA 4302 GERTRUDE DRIVE FREMONT CA 94536 841 SAN FELIPE ROAD 051-100-028-000 RODRIQUEZ RAMIRO JR-AZUCENA 740 Paullus Dr Hollister CA 95023 0 Chappell Rd 051-100-034-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd. 051-100-035-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-036-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-042-000 COUNTY OF SAN BENITO 481 4TH STREET Hollister CA 95023 0 N. Chappell Road 051-100-043-000 COUNTY OF SAN BENITO 481 4TH STREET HOLLISTER CA 95023 0 Chappell Rd 051-100-046-000 FELIPE NINE LLC A CALIF LTD LIAB CO 10 Harris Court, B-1 Monterey CA 93940 773 San Felipe Rd - Open Lot 051-100-047-000 CENTRAL COAST LEASSING LLC PO BOX 1697 Capitola CA 95010 773 San Felipe Rd 051-110-033-000 TTM VENTURES LLC A CALIF LTD LIAB CO PO Box 308 S San Francisco CA 94083 0 San Felipe Rd 051-110-037-000 H & G3 PROPERTIES LLC A CA LTD LIAB CO 512 Metz Rd King City CA 93930 0 McCloskey Rd 051-120-022-000 PRIDE CONVEYANCE SYSTEMS 9200 WATSON ROAD STE. 200 ST. LOUIS MO 63126 1700 Shelton Dr 051-120-028-000 SOLUTIONS NUTRIEN AG INC ADEL CORP 3005 ROCK MOUNTAIN AVENUE LOVELAND CO 80538 0 Shelton Dr 051-120-032-000 MENDES RICHARD JORGE-DIANE REBEIRO 2008 REV TRUST 1615 Alegria Place Hollister CA 95023 451 Fallon Dr 051-120-033-000 MARTIN ROMALDO V-JANICE 1192 Fallon Road Hollister CA 95023 0 Fallon Rd 051-120-040-000 FERNMAR 042 LP A CALIF LTD PARTNERSHIP 1600 El Camino Real C/O RALPH-FERNE CALACTERRA.Belmont CA 94002 191 Fallon Rd. - open lot Created on: 3/21/08
Last Modified: 5/1/2025 2 Page 118 of 164
2025
Weed Abatement
Official List
Exhibit "A"
051-120-043-000 DAVIS THOMAS E LLC 2290 Bert Drive Hollister CA 95023 0 Fallon Rd 051-120-044-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd 051-120-045-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd 051-120-047-000 MARICH CONFECTIONERY ASSOCIATES 2101 Bert Drive Hollister CA 95023 2101 Bert Dr 051-120-063-000 ARREDONDO PROPERTIES LLC 51 Fallon Road Hollister CA 95023 71 Fallon Rd 051-130-002-000 FILICE AG LANDS LLC 4400 Fairview Rd Hollister CA 95023 1531 & 1561 San Felipe Rd 051-130-003-000 SAN FELIPE STORAGE LLC A CA LTD LIAB CO 1571 SAN FELIPE ROAD Hollister CA 95023 1571 SAN FELIPE ROAD 051-140-012-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Technology Pr 051-140-015-000 2360 TECHNOLOGY LLC A CA LTD LIAB CO 2360 Technology Pkwy Hollister CA 95023 2360 Technology Pkwy- Open Lot 051-140-021-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 Bert Drive PCL 3 051-140-210-000 GIMELLI KEN-JILL PO BOX 1630 HOLLISTER CA 95024 0 BERT DRIVE 051-151-001-000 VARGAS ARMANDO & MARTINA 1165 LITTLE RIVER DR HOLLISTER CA 95023 0 Bert Dr 051-152-002-000 EVANS JAMES & YAP PEYLING 24 ROBERT PLACE MILBRAE CA 94030 2300 Bert Drive 051-152-008-000 KMG ELECTRONIC CHEMICALS INC A TX CORP 200 SUMMIT LAKE DR FLOOR 2 VALHALLA NY 10595 0 Bert Drive Lot 19 051-152-010-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Bert Drive PCL 2 051-161-010-000 CEZAR REV LIVING TRUST PO Box 1113 Tres Pinos CA 95075 0 Shelton Dr 051-161-011-000 CEZAR MICHAEL LORNE-JEANNIE ANN REV LIV TRUST PO Box 1113 Tres Pinos CA 95075 1520 Shelton Drive - Front open Lot 051-161-015-000 SANCHEZ FLORENTINO & ANABEL 1211 CABRILLO DRIVE HOLLISTER CA 95023 1556 Lana Way 051-162-001-000 CALCATERRA FAMILY TRUST 1600 El Camino Real C/O FERNMAR MANAGEMENT Belmont CA 94002 0 Lana Lane 051-162-002-000 PACK DENNIS & HEIDI 2956 San Juan Canyon Road San Juan Bautista CA 95045 0 Lana Way 051-162-003-000 SUBURBAN PROPANE LP A DELAWARE LTD PART 240 Route 10 West Whippany NJ 07981 1801 Lana #100 051-162-004-000 BRYAN FAMILY TRUST 765 Seventh St.Hollister CA 95023 1701 Lana Lane Created on: 3/21/08
Last Modified: 5/1/2025 3 Page 119 of 164
2025
Weed Abatement
Official List
Exhibit "A"
051-162-006-000 STATE OF CALIFORNIA 50 HIGUERA ST SAN LUIS OBISPO CA 93401 0 LANA WAY 051-162-008-000 PRIDE CONVEYANCE SYSTEMS 9200 WATSON ROAD STE. 200 ST. LOUIS MO 63126 1590 SHELTON DRIVE 051-163-003-000 JAG REAL ESTATE HOLDINGS LLC PO Box 2602 Monterey CA 93942 0 Henrietta Ct 051-163-004-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Henrietta Ct 051-163-005-000 MARTIN FAMILTY TRUST 1192 Fallon Road HOLLISTER CA 95023 0 HENRIETTA CT 051-163-007-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-009-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Court 051-163-010-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-011-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-013-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-019-000 MAZAL AT SHELTON LLC 2430 ROCKWOOD RANCH DR MORGAN HILL CA 95037 0 Shelton Dr #B 051-170-009-000 GIMELLI KEN-JILL P.O. Box 1630 Hollister CA 95024 0 Apollo Way 051-230-004-000 AZEVEDO ANN REV TRUST 325 N. CHAPPELL ROAD HOLLISTER CA 95023 377 N. CHAPPELL ROAD - OPEN LOT 051-240-039-000 KB HOME SOUTH BAY INC 4127 E VAN BUREN ST., STE 150 PHOENIX AZ 85008 0 N CHAPPELL ROAD 052-040-020-000 BERRYESSA PARTNERS LLC POX 1230 WEST SACRAMENTOCA 95691 0 Fourth St 052-070-006-000 ARREOLA VICTOR M-HEIDI M ET AL P.O. BOX 2596 HOLLISTER CA 95023 0 JAN AVE 052-070-007-000 CONTERAS-SANTIAGO JOSUE AARON 510 SADDLEBROOK DRIVE SPC 353 SAN JOSE CA 95136 0 FOURTH STREET 052-070-008-000 RODRIGUEZ VICENTE 511 VERONA PL HOLLISTER CA 95023 0 SAN JUAN ROAD 052-070-011-000 CENTRAL COAST SOUTHERN BAPTIST ASSOC 17705 HALE AVE BLDG H STE 2 MORGAN HILL CA 95037 991 FOURTH STREET - OPEN LOT 052-070-012-000 MITCHELL JOHN III ET AL 893 RIDGEMARK DRIVE Hollister CA 95023 0 Fourth Street 052-090-008-000 HMBY LOP 449 ALAVARADO ST MONTEREY CA 93940 1550 San Juan Rd. 052-090-045-000 RAJKOVICHINVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 0 FOURTH STREET Created on: 3/21/08
Last Modified: 5/1/2025 4 Page 120 of 164
2025
Weed Abatement
Official List
Exhibit "A"
052-090-046-000 RAJKOVICH INVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 0 FOURTH STREET 052-180-005-000 HESTER CHAD REV TRUST 16111 Escobar Ave Los Gatos CA 95032 0 Fourth St 052-360-001-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Graf Road 052-360-002-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 FOURTH STREET 052-360-003-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 052-360-004-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 052-360-005-000 SAN JUAN CROSSINGS LLC 15700 WINCHESTER BLVD LOS GATOS CA 95030 0 Fourth Street 053-292-015-000 BERNIER DAVID A-NINA 111 Locust Avenue Hollister CA 95023 115 Locust (Rear) Ave 053-310-003-000 DUBOIS TOD PO Box 502 Chicago Park CA 95712 Park Hill PCL 2 053-330-003-000 BARMINSKI ROBERT & CAROLINE 605 North Street Hollister CA 95023 0 Park Hill 053-360-046-000 COUNTY OF SAN BENITO 710 FLYNN ROAD HOLLISTER CA 95023 710 FLYNN ROAD - OPEN LOT ON AEROSTAR/FLYNN 053-380-006-000 FELIPE DEVELOPMENT LLC 17777 CENTER COURT DR. N#725 CERRITOS CA 90703 0 Bolsa Rd 053-380-007-000 MORAR PRANAV KANJI 1639 Foxtail Court Hollister CA 95023 0 San Felipe Rd. 053-380-016-000 FELIPE DEVELOPMENT LLC 17777 CENTER COURT DR. N#725 CERRITOS CA 95023 0 Bolsa Road 053-410-002-000 DUNN MICHAEL E & ALOSI ALBERT 3111 Meadow Lane Hollister CA 95023 430 Gateway Drive 053-410-006-000 431 GATEWAY LLC 801 WHITE SANDS BLVD #1001 ALAMOGORDO NM 88310 0 GATEWAY 053-410-009-000 CHONG ANDY ET AL 1860 Dobbin Drive San Jose CA 95133 0 GATEWAY 053-420-004-000 SHABAZ AHAD 6569 BASELINE RD BOULDER CO 80303 1971 AIRWAY DR - OPEN LOTS 053-420-006-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1951 Airway Drive lot 30 053-420-007-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1941 Airway Drive 053-420-008-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1931 Airway Drive 053-420-009-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1911 AEROSTAR Created on: 3/21/08
Last Modified: 5/1/2025 5 Page 121 of 164
2025
Weed Abatement
Official List
Exhibit "A"
053-420-012-000 R E C ENTERPRISES LLC 515 LONE TREE ROAD HOLLISTER CA 95023 1851 AIRWAY DRIVE - OPEN LOT BEHIND BUILDING 053-420-013-000 CLINK ROBERT E & LIGIA 515 Lonetree Road Hollister CA 95023 1810 Airway Dr Lot 5 053-420-014-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1791 Airway Dr 053-420-015-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1751 Airway Dr 053-420-016-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1710 Airway Dr 053-420-017-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 0 AIRWAY DRIVE 053-420-018-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1700 Airway Drive 053-420-023-000 ENZ 2018 REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1890 Aerostar Drive/Airway DR Lot 9 053-420-025-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 AEROSTAR 053-420-026-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 AEROSTAR 053-420-027-000 PLANCK PROPERTIES LLC 556 N. DIAMOND BAR BLVD STE. 101 DIAMOND BAR CA 91765-1054 1910 Aerostar Drive 053-420-028-000 BACH AMANDA THAI TRUST 188 BREEN TREE WAY MILPITAS CA 95035 1920 ARIWAY DRIVE 053-420-029-000 STALEY FAMILY TRUST 73 La Cima Lane Watsonville CA 95076 1930 Airway Dr 053-420-032-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1960 Airway Dr 053-420-033-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1970 Airway Dr 053-420-034-000 VALDEZ JORGE LUIS AGUAYO ET AL 9695 MORENO LANE GILROY CA 95020 0 Airway Dr Lot 25 053-420-035-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 1950 Airway Dr PCL A 053-420-036-000 AIRWAY STORAGE LLC P.O. Box 1342 Tres Pinos CA 95075 0 AIRWAY 053-420-038-000 AEROSTAR PROPERTIES LLC P.O. Box 2656 Hollister CA 95024 1871 Airway Dr 053-420-039-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 0 Flynn Rd 053-420-040-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1750 Airway Drive 053-420-041-000 GILLIAN JANE ENZ 2017 REV TRUST P.O. Box 805 Hollister CA 95024 1800 Airway Drive Created on: 3/21/08
Last Modified: 5/1/2025 6 Page 122 of 164
2025
Weed Abatement
Official List
Exhibit "A"
053-420-042-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 Aerostar Dr 053-420-043-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 1850 Airway Drive 053-420-046-000 ENZ 2018 REV TRUST 155 SUMMERSET CT HOLLISTER CA 95023 1961 AIRWAY DRIVE 053-420-047-000 ENZ 2018 REV TRUST 155 SUMMERSET CT HOLLISTER CA 95023 2965 AIRWAY DRIVE 053-440-055-000 COMMUNITY HOUSING IMPROVEMENT SYSTEMS & PLANNING 295 Main Street STE. 100 Salinas CA 93901 0 North Street, PTN PCL 2 054-070-010-000 RIDGEFIELD STORAGE INC 1701 W. 16TH STREET VANCOUVER WA 98660 0 MCCRAY STREET 054-120-014-000 FRENCH M-J RANCH LLC A CA LTD CO PO BOX 1392 HOLLISTER CA 95024 202 FIFTH STREET 054-120-029-000 HONG FAMILY TRUST 4957 WILLIAMS ROAD SAN JOSE CA 95129 206 FIFTH STREET 054-120-007-000 ACE SOLUTIONS LLC 9707 BRICKLEY DR HUNTINGTON BEACHCA 92642 435 SAN BENITO STREET 054-190-002-000 SICLEY JOHN H SR 2125 KNOLLWOOD COURT MANTECA CA 95336 102 SAN BENITO STREET 054-190-008-000 SICLEY JOHN H SR 2125 KNOLLWOOD COURT MANTECA CA 95336 140 SAN BENITO STREET 054-600-001-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 410 Hillcrest Road 054-600-002-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Meridian Street 054-600-005-000 FAHMY LIVING TRUST 331 Santa Rosa Drive Los Gatos CA 95032 0 Hillcrest Road 054-600-006-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Hillcrest Road 054-630-021-000 ROSATI - HOLLISTER LP 2700 CAMINO RAMON SUITE 130 SAN RAMON CA 94583 0 Santa Ana Road 055-030-026-000 SOUTH STREET LLC A CALIF LTD LIAB CO PO Box 6150 San Jose CA 95150 0 South St 055-150-026-000 BERLANGA FRANCISCO & CHERUB 216 3RD STREET Hollister CA 95023 1150 Suiter - Open Lot 055-180-053-000 BISHOP E & R FAMILY TRUST 845 Lanini Drive Hollister CA 95023 1120 Homestead - 2 Open Lots 055-190-035-000 GRIMSLEY DAVID P 1055 Nash Road Hollister CA 95023 1045 Nash Rd 055-190-039-000 GRIMSLEY DAVID 1055 Nash Road Hollister CA 95023 1025 Nash Rd 055-220-038-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court NATMAR A CA LIMITED PART Saratoga CA 95070 0 Glenmore Dr Created on: 3/21/08
Last Modified: 5/1/2025 7 Page 123 of 164
2025
Weed Abatement
Official List
Exhibit "A"
055-220-039-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court Saratoga CA 95070 0 Homestead Ave 056-050-012-000 SOLVENCIA PROPERTIES LLC 835 PROSPECT AVE Hollister CA 95023 835 PROSPECT 056-102-011-000 RODRIGUES RONALD-DIANA 2255 UNION ROAD Hollister CA 95023 0 HAWKINS 056-110-001-000 CRUZ JOSEPH V-JANE DABO LIV TRUST 1295 SAN BENITO ST HOLLISTER CA 95023 BEHIND 45 HAWKINS 057-070-064-000 ROEM DEVELOPMENT 1650 LAFAYETTE STREET SANTA CLARA CA 95050 0 Sunnyslope Rd 057-250-008-000 VANDERVOORT 1998 LIVING TRUST 535 MONTEREY STREET Hollister CA 95023 1573 Valley View Rd 057-440-001-000 VANDERVOORT LIVING TRUST 120 Magladry Road Hollister CA 95023 0 Valley View Rd 057-440-002-000 PARRA EDMUNDO G & KATHERINE J ET AL 1701 Valley View Road Hollister CA 95023 1701 Valley View Rd 057-710-013-000 AWARD HOMES INC A CA CORP 404 SARATOGA AVE #100 HAYWARD CA 95050 0 FAIRVIEW ROAD 057-710-014-000 AWARD HOMES INC A CA CORP 404 SARATOGA AVE #100 SANTA CLARA CA 95050 0 FAIRVIEW ROAD 057-740-001-000 NATMAR A CALIF LIMITED PART 12860 STAR RIDGE COURT SARATOGA CA 95070 0 SAN BENITO STREET PCL 3 057-770-040-000 ANNOTTI LANDING LLC 51 OLD RANCH ROAD HOLLISTER CA 95023 2001 Memorial Drive 057-860-046-000 MIMOSA ST INVESTORS LP 22645 GRAND ST HAYWARD CA 94541 0 BRIGHTON DRIVE 057-790-003-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 1102 MARTY LANE 057-790-004-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE 057-790-005-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE 057-790-006-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE 057-790-007-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 1171 MARTY LANE 057-790-008-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 1161 MARTY LANE 057-790-009-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 1151 MARTY LANE 057-790-010-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 1141 MARTY LANE 057-790-011-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE Created on: 3/21/08
Last Modified: 5/1/2025 8 Page 124 of 164
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Weed Abatement
Official List
Exhibit "A"
057-790-012-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE 057-790-013-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 0 MARTY LANE 057-790-065-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 2101 MARTY LANE 057-790-066-000 TWIN OAKS HOLLISTER LLC A CA LTD LIAB CO 7567 AMADOR VALLEY BLVD STE 302 DUBLIN CA 94568 2111 MARTY LANE 059-020-005-000 QUAIL RUN HOMEOWNERS ASSOCIATION 755 Nash Road Hollister CA 95023 755 Nash Rd "Open Lot" Created on: 3/21/08
Last Modified: 5/1/2025 9 Page 125 of 164
HOLLISTER FIRE DEPARTMENT
Fire Prevention Division
110 Fifth St, Hollister CA 95023 P: 831-636-4325 [email protected]
NOTICE TO DESTROY WEEDS
[GOVERNMENT CODE Section 39566]
NOTICE IS HEREBY GIVEN THAT on March 17, 2025 the City Council of the City of Hollister adopted Resolution 2025-36 declaring that noxious or dangerous weeds were growing upon or in front of the above-referenced property (“the Property”), and that said weeds and overgrown vegetation constitute a fire hazard subject to abatement. Reference is hereby made to Resolution 2025-36 for further particulars, a copy of which is on file in the office of the City Clerk, located at 375 Fifth Street, Hollister, CA, 95023.
City of Hollister has declared that the growth and accumulation of weeds in the incorporated areas of the city poses a fire, safety and public health risk and therefore declared weeds a recurring nuisance. Each property owner is responsible for abating the nuisance on the property/properties referenced above. THIS NOTICE APPLIES TO ALL LOTS AND PROPERTIES, whether vacant, undeveloped or improved lots. Undeveloped lot owners/caretakers must disc the properties and cross disc until weeds have been abated. Extra attention must be paid to weeds near property lines, fence lines, sidewalks, and must be maintained at all times. Improved lots less than 3 acres in size may abate the nuisance by mowing weeds to a height of ½ to 1 inch of the ground and maintain it at that height all year in accordance with Government Code 39560.
YOU ARE FURTHER NOTIFIED that by May 1, 2025 you must remove all weeds and over grown vegetation and maintain the property throughout the year, or the City will proceed to abate the nuisance and assess the costs thereof against the Property. If the City of Hollister abates your lot(s), there will be an added $250.00 administration fee per parcel in addition to the abatement costs.
Any owner objecting to any of the matters referenced herein may attend a Public Hearing of the City Council of the City of Hollister to be held on May 5, 2025 at 6:00 p.m., or as soon thereafter as the matter may be heard, at City Hall, 375 Fifth Street, Hollister, and such owner shall be heard and given due consideration. Failure to remove weeds within the time provided and/or object to the City’s proposed abatement will result in City abatement, with all costs, including the City’s administrative costs, assessed as a lien against the Property.
Carlos Bedolla
Fire Marshal
Hollister Fire Department
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 5, 2025
REPORT # City Manager-2025-25
AGENDA ITEM: UPDATE REGARDING THE FIRE PROTECTION SERVICES
CONTRACT AMENDMENTS 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 amendments 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 the Cit y 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 Ci ty’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 directed the City Manager to rescind both 270-day termination notices. By rescinding the notices, the contracts were then set to expire on their original expiration date of December 31, 2025. However, the current contracts have provisions to automatically extend an additional calendar year if the contracts are not terminated according to the contract terms. As such, on March 24, 2025, the City Council subsequently agreed to issue a new 270-day notice to prevent the contracts from being automatically extended. The new 270-notices were then issued to the County of San Benito and the City of San Juan Bautista on March 25, 2025.
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 provide staff direction if desired. The Board of Supervisors voted to reject Amendment #1 and counteroffer with Amendment #1 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 their 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 the 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 sub tracted 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 determine 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 developed the following terms which were approved by the City Council on April 7, 2025.
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 $1,250,000 to assist in the offset of fire services costs during Fiscal Year 2024-25 due on May 9, 2025. 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.
After the approval of proposed terms by the Hollister City Council, staff delivered 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 then 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.
The ad hoc committees of the County of San Benito and the City of San Juan Bautista met on April 11, 2025, to evaluate the City of Hollister’s recent proposal. Since the Hollister City Council’s proposal was for the County of San Benito and the City of San Juan Bautista to meet to work on the fire protection services contract amendments under the parameters approved by the Hollister City Council on April 7, 2025 , the City of Hollister’s ad hoc committee did not attend the first meeting although the Fire Chief did attend the meeting as Chief Goulding serves as the Fire Chief for all three jurisdictions.
The Hollister Fire Negotiations Ad-Hoc Committee did not have the authority to attend this first meeting.
On April 15, 2025, the County of San Benito Board of Supervisors held a Special Meeting where the board received an update from staff and their ad-hoc committee regarding the proposed amendment terms. The Board of Supervisors voted to reject the City of Hollister’s amendment terms and propose the terms that they approved on March 20, 2025. Additionally, the Board of Supervisors has created a new County Fire Department Ad hoc to explore the formation of a County Fire Department. On April 22, 2025, the Board of Supervisors will receive a report on fire protection services where staff is recommending, moving forward with scheduling a meeting with the County Fire Department Ad hoc to proceed and initiate recommendations with the assistance of the consultants with the creation of a new fire department, and further discuss prospects for a fire protection partnership with San Juan Bautista.” Additionally, County staff is recommending “that the County pause its participation in the Fire Feasibility Study until a later date to be determined so the County can redirect its portion of the cost to its own fire protection services.” This proposal is requesting a minimum of 2-0 staffing at Fire Station #3 which is a City of Hollister owned fire station located at the Hollister Municipal Airport.
On April 15, 2025, the San Juan Bautista City Council received an update from staff and their ad-hoc committee regarding the proposed amendment terms. The San Juan Bautista City Council gave the following direction to staff:
Propose the contract amendment that their City Council rejected on March 18, 2025.
Continue moving forward with the Fire District Feasibility Study Consider a Request for Proposal (RFP) to secure long-term comprehensive fire protection and emergency medical services.
Consider a regional fire protection services partnership with the County of San Benito via an RFP
It should be noted that both the County of San Benito and the City of San Juan Bautista’s contract amendment proposals call for a minimum of 2-0 staffing which is outside of the City of Hollister’s parameters as defined in Option E of a minimum of 3 -0 staffing at all City of Hollister operated fire stations.
On April 21, 2025, City of Hollister staff provided a presentation on the propose d terms approved by the County of San Benito and the City of San Juan Bautista and sought further direction from the City Council. The proposals were rejected as they were not aligned with Option E including the requirement of 3 -0 staffing. Upon the conclusion of
the council discussion, staff received direction to continue negotiations with the County of San Benito and the City of San Juan Bautista negotiation ad -hoc committees and to include the Fire Chief, Fire Union President, and management from each jurisdiction.
On April 22, 2025, the County Board of Supervisors received an update and provided direction to staff. The Board of Supervisors gave direction to move ahead on planning efforts with San Juan Bautista on the creation of a fire department and provided initial direction for the new county ad-hoc committee assigned to work with San Juan Bautista moving forward. Additionally, the Board suspended the county fire contract negotiation ad hoc committee resulting in the County no longer having an active ad-hoc assigned to negotiating a fire contract with the City of Hollister. Finally, the Board of Supervisors gave direction that if the City of Hollister would like to submit a counter proposal, the Board of Supervisors would discuss such a counter proposal in an open public meeting.
On April 22, 2025, City of Hollister staff attempted to schedule the meeting with the County of San Benito and the City of San Juan Bautista negotiation ad -hoc committees and to include the Fire Chief, Fire Union President, and management from each jurisdiction. Staff received a response from the County highlighting the direction given earlier at their Board of Supervisors meeting. As a result, there has not been a meeting scheduled as requested by the City of Hollister’s City Council on April 21, 2025.
Moreover, the Board of Supervisors has held two planning sessions involving the County Fire Department Ad Hoc Committee, project consultants, and representatives from the City of San Juan Bautista since their April 22, 2025 meeting. As an outcome of these discussions, the County’s Ad Hoc Committee has recommended that the County take the initial step of hiring a fire chief —either interim or permanent—to help guide the development and planning of their new department. At the May 6, 2025 Board of Supervisors meeting, County of San Benito staff will be requesting approval of proposed job specifications for their Fire Chief position.
At the May 5, 2025 Hollister City Council meeting, staff will provide an update on the status of the negotiations and will seek further direction. It should be noted that Option E requires a one-time joint payment of $1,250,000 within 30 days of receiving the City of Hollister’s proposed terms. This is to assist in the offset of fire services costs during Fiscal Year 2024-25 and due to the prolonged negotiation period. Option E requires a 90-day negotiation period upon approval of the proposed terms by the Hollister City Co uncil. 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: April 21, 2025: The City Council directed staff to continue negotiations with the County of San Benito and the City of San Juan Bautista negotiation ad-hoc committees and to include the Fire Chief, Fire Union President, and management from each jurisdiction.
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 164 of 164