CITY OF HOLLISTER
CITY COUNCIL AGENDA
REGULAR MEETING
Monday, May 19, 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
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 LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager David Mirrione and Assistant City Attorney Rob Lomeli
Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees
5.CLOSED SESSION REPORT
6.SPECIAL ORDERS OF THE DAY
6.1 SAN BENITO HEALTH FOUNDATION PROCLAMATION
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 APPROVE MAY 5, 2025 REGULAR MEETING MINUTES
8.2 WARRANT REGISTER
RECOMMENDED ACTION:
Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessment Funds attached.
8.3 A RESOLUTION APPROVING AN UPDATED AIRPORT USE AGREEMENT WITH
TRUWEATHER SOLUTIONS, INC TO PLACE ADVANCED WEATHER SENSOR
INSTRUMENTS AT THE HOLLISTER MUNICIPAL AIRPORT
RECOMMENDED ACTION:
City of Hollister City Council Meeting
Adopt a resolution approving an updated 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 updated Agreement.
8.4 A RESOLUTION APPROVING A BOY SCOUTS OF AMERICA EAGLE SCOUT
CANDIDATE TO COMPLETE A PROJECT ON THE GROUNDS AT THE
VETERANS MEMORIAL BUILDING AND NAMING THE VETERANS MEMORIAL
BUILDING AS PROJECT BENEFICIARY
RECOMMENDED ACTION:
Approve a Boy Scouts of America Organization Eagle Scout candidate to complete a project on the Veterans Memorial Building grounds and the Veterans Memorial Building named project beneficiary.
8.5 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN
ASSOCIATION FOR FY 2025/26 FOR THE CALIFORNIA MAINSTREET PROGRAM
IN DOWNTOWN HOLLISTER
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 2025/26.
8.6 A RESOLUTION AUTHORIZING AN APPLICATION FOR THE PURPOSE OF
OBTAINING FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL
ASSISTANCE
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Council to approve and assign a Designation of Applicant’s Agent for the required Non-State Agencies Form 130 to be eligible to receive funding from the State of California Governor’s Office of Emergency Services.
8.7 A RESOLUTION APPROVING AN AGREEMENT WITH LONG’S CUSTOM DISCING
TO MITIGATE WEEDS ON CERTAIN PROPERTIES AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Long’s Custom Discing for Weed Abatement Services and authorize the City Manager to execute the agreement.
8.8 A RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026 AND SETTING THE PUBLIC HEARING
RECOMMENDED ACTION:
Adopt a resolution declaring the intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 and setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 for June 2, 2025 at 6:30 pm in the City of Hollister’s Council Chambers, 375 Fifth Street, Hollister, CA 95203.
8.9 A RESOLUTION APPROVING THE ANNEXATION OF THE 1940 AIRWAY DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 61 (PUBLIC FACILITIES SERVICES)
City of Hollister City Council Meeting
RECOMMENDED ACTION:
Adopt a resolution approving the annexation of the1940 Airway Drive Project into CFD#4.
8.10 A RESOLUTION APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2025- 2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT RECOMMENDED ACTION:
Adopt a resolution approving a list of projects funded by SB 1: the Road Repair and Accountability Act of 2017.
9.PUBLIC HEARINGS
9.1 RESOLUTIONS FOR WEST FAIRVIEW SPECIFIC PLAN AMENDMENT, SITE & ARCHITECTURAL REVIEW 2022-13, AND CONDITIONAL USE PERMIT 2022-5 FOR BRIGHT FUTURE RECOVERY.
RECOMMENDED ACTION:
Hold a public hearing and adopt resolutions approving the CEQA Addendum, West Fairview Specific Plan Amendment, Site & Architectural Review, and Conditional Use Permit.
9.2 PLANNED DEVELOPMENT 2025-1 AND TENTATIVE MAP 2025-1 – AUGIE DENT – EVERGLEN PHASE 2 SUBDIVISION (APN 051-230-005)
RECOMMENDED ACTION:
Hold a public hearing and introduce an ordinance approving a Planned Development Rezone; and adopt a resolution approving a Tentative Map for the Everglen Phase 2 development.
10.COUNCIL BUSINESS
10.1 CONSIDER, DISCUSS, AND PROVIDE DIRECTION REGARDING CREATING A
BUSINESS ADVISORY COMMISSION
RECOMMENDED ACTION:
Provide direction to staff on which approach to take for developing a Business Advisory Commission (BAC), including any requirements for membership roles and responsibilities.
10.2 DISCUSSION AND DIRECTION REGARDING THE RESTRUCTURING OF
VARIOUS CITY COMMISSIONS
RECOMMENDED ACTION:
Provide direction to staff regarding:
1. The consolidation of the Parks and Recreation Commission, Arts and Culture Commission, and Youth Commission into a single Commission, and if appropriate, determine the structure of the new consolidated commission, including membership size (five or seven members) and meeting frequency (monthly or quarterly);
2. Sunsetting the Historic Resources Commission;
3. Modifying the meeting schedule of the Airport Advisory Commission, changing its frequency from monthly to quarterly;
4. Formally disband the Disaster Council and
5. Direct staff to bring back resolution(s) and ordinance (if required) reflecting the recommended changes.
10.3 DISCUSSION REGARDING A REGULATORY PERMIT FOR MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER INC. AT A NEW LOCATION OF 1785 SAN City of Hollister City Council Meeting
FELIPE ROAD
RECOMMENDED ACTION:
Review the request for renewal and direct staff to return at a later meeting to either approve or deny, the Cannabis Regulatory Permit for Monterey Bay Alternative Medicine Hollister, Inc. at a proposed new location, 1785 San Felipe Road.
10.4 INFORMATIONAL REPORT ON FISCAL YEAR (FY) 2024-25 QUARTER 3
BUDGET MONITORING AND RECEIVE A PRELIMINARY UPDATE REGARDING FISCAL YEAR 2025-26 BUDGET DEVELOPMENT
RECOMMENDED ACTION:
Receive the informational budget monitoring update for Quarter 3 of Fiscal Year 2024-25 and provide possible direction to staff.
11.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.
11.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
11.2 COUNCIL REPORTS
Receive informational reports from the City Council
1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
11.3 CITY MANAGER REPORT
1.UPDATED CITY COUNCIL PROJECTS
12.CLOSED SESSION
12.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 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)
12.2 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: Jovenes de Antano
Under Negotiation: Lease Terms
12.3 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
Request to Cure Brown Act Violation – Weinberg Roger & Rosenfeld
13.ADJOURNMENT
City of Hollister City Council Meeting
14.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister's regular meeting of May 19, 2025, was posted on the bulletin board at City Hall on May 16, 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
FOR THE 50TH ANNIVERSARY OF
SAN BENITO HEALTH FOUNDATION
WHEREAS, San Benito Health Foundation was established on May 20, 1975; and WHEREAS, San Benito Health Foundation’s mission is to provide quality, affordable and comprehensive health services to the community of San Benito County and surrounding areas, while being respectful, empathetic and culturally sensitive to our clients; and WHEREAS, San Benito Health Foundation’s vision is for a safe and healthy San Benito County where health disparities do not exist, and people have access to care and the knowledge and skills to make healthy choices; and
WHEREAS, San Benito Health Foundation offers quality care for all people regardless of their ability to pay; and
WHEREAS, San Benito Health Foundation collaborates with other agencies, individuals, and organizations to ensure access to specialty care for community members who are traditionally underserved; and
WHEREAS, San Benito Health Foundation’s mobile clinic engages in educational outreach, screening, and healthcare activities throughout the rural areas of San Benito County; and
WHEREAS, San Benito Health Foundation meets and exceeds national quality standards and has been recognized as a Silver Health Center Quality Leader, Health Disparities Reducer, and Access Enhancer by the Health Resources and Services Administration/US Department of Health and Human Services; and WHEREAS, we honor the efforts of local Latinos, farmworkers and community members who organized to establish the first iteration of San Benito Health Foundation and we recognize San Benito Health Foundation’s dedicated staff, providers, executive leadership, Board members, patients, and all those responsible for its continued success and growth since the opening of its doors 50 years ago.
NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby proclaim the year 2025 as San Benito Health Foundation’s 50th Celebration and urge all residents to join with me in congratulating San Benito Health Foundation and celebrate their 50th Anniversary.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 19th day of May, 2025.
_____________________________
Roxanne Stephens, Mayor
ATTEST:
________________________________
Jennifer Woodworth, City Clerk
1 City Council of the City of Hollister
Minutes of the Regular Meeting
May 5, 2025, 6:30 p.m.
City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023
Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4
_____________________________________________________________________
1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 6:33 p.m.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Councilmember Picha led the Pledge of Allegiance.
4. CLOSED SESSION
Mayor Stephens opened public comment at 6:36 p.m.
There were no speakers for the closed session agenda items.
Mayor Stephens closed public comment at 6:36 p.m.
City Attorney Mary Lerner read the closed session item title.
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) Mayor Stephens convened the meeting into closed session at 6:37 p.m.
The City Council reconvened in open session at 7:09 p.m.
5. CLOSED SESSION REPORT
2 City Attorney Mary Lerner stated no reportable action was taken in closed session.
6. SPECIAL ORDERS OF THE DAY
6.1 ROTARY CLUB 100TH ANNIVERSARY PROCLAMATION
Mayor Stephens presented a proclamation honor the Hollister Rotary Club's 100th Anniversary to its president Larry Barr.
Mr. Barr shared an update on the Hollister Rotary Club and its work in the community.
6.2 WATER AWARENESS MONTH PROCLAMATION
Councilmember de Anda presented a proclamation to recognize Water Awareness Month.
6.3 WATER AWARENESS MONTH PRESENTATION
Jennifer Cosio Arellano, Water Conservation Program Manager with the Water Resources Association of San Benito County, provided the presentation.
7. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
No speakers present.
8. CONSENT ITEMS
Mayor Stephens opened public comment at 7:28 p.m.
There were no speakers for the consent agenda items.
Mayor Stephens closed public comment at 7:28 p.m.
Moved by: Council Member Morales
Seconded by: Mayor Stephens
The consent calendar items are approved.
Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda
Carried (5 to 0)
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
3 Moved by: Council Member Morales
Seconded by: Mayor Stephens
Adopt an ordinance designating Fire Hazard Severity Zones (FHSZ) in the City of Hollister City Limits.
Carried
8.3 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 Moved by: Council Member Morales
Seconded by: Mayor Stephens
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.
Carried
8.4 A RESOLUTION APPROVING AN AIRPORT USE AGREEMENT WITH
TRUWEATHER SOLUTIONS, INC TO PLACE ADVANCED WEATHER
SENSOR INSTRUMENTS AT THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Council Member Morales
Seconded by: Mayor Stephens
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.
Carried
9. PUBLIC HEARINGS
9.1 A RESOLUTION FOR THE 2025 WEED ABATEMENT PROGRAM AND
HOLD A PUBLIC HEARING
Fire Chief Jonathan Goulding provided the staff presentation.
Mayor Stephens opened the public hearing at 7:33 p.m.
There were no speakers for this item.
4 Mayor Stephens closed the public hearing at 7:33 p.m.
Moved by: Council Member Morales
Seconded by: Council Member Resendiz
Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon.
Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)
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
City Manager David Mirrione provided the staff report.
Mayor Stephens opened public comment at 7:38 p.m.
Mia Casey expressed concern regarding San Benito County's decision to end negotiations and supported the three agencies working together.
Mayor Stephens closed public comment at 7:41 p.m.
By consensus, the City Council dissolved the fire negotiations ad hoc committee, requested budget information from staff to address the fire services contract ending, and stated the City continues to be open to any further negotiations.
11. INFORMATIONAL REPORTS
11.1 COMMITTEE ASSIGNMENTS
Mayor Stephens reported the San Benito Council of Governments (SBCOG) met and discussed transportation services for Gavilan College and Highway 25 construction. Additionally, she and Councilmember Picha met with the Hollister Downtown Association and downtown businesses regarding the motorcycle rally.
Councilmember Morales requested SBCOG notify residents when construction occurs on Highway 25.
11.2 COUNCIL REPORTS
No reports.
1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
5 11.3 CITY MANAGER REPORT
City Manager David Mirrione reported City Clerk Jennifer Woodworth recently received the California Municipal Clerk's Association Presidential Award of Distinction for mentoring.
1. UPDATED CITY COUNCIL PROJECTS
12. CLOSED SESSION
Mayor Stephens opened public comment at 8:13 p.m.
There were no speakers for the closed session agenda items.
Mayor Stephens closed public comment at 8:13 p.m.
City Attorney Mary Lerner read the closed session item titles.
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) Mayor Stephens convened the meeting into closed session at 8:14 p.m.
13. ADJOURNMENT
Mayor Stephens adjourned the meeting at 9:15 p.m.
Jennifer Woodworth, City Clerk
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Finance-2025-12
AGENDA ITEM: WARRANT REGISTER
DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: Maricela Romero, Acct Tech II
RECOMMENDED ACTION: Ratify and approve the Warrant Registers for the General-Special-Enterprise-Assessment Funds attached.
FISCAL IMPACT: 24/25
ATTACHMENTS:
1. Expense Approval Register DP 4-16-25
2. Expense Approval Register AP 4-21-25
3. Expense Approval Register DP 4-21-25
4. Expense Approval Register AP 4-23-25
5. Expense Approval Register PYR 4-23-25
6. Expense Approval Register AP 4-29-25
7. Expense Approval Register DP 4-30-25
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Airport-2025-07
AGENDA ITEM: A RESOLUTION APPROVING AN UPDATED 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 updated 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 updated Agreement.
DISCUSSION: TruWeather Solutions, Inc. (TruWeather) desires to place two advanced weather sensor instruments at the Airport in support of advanced air mobility operations, to provide enhanced weather data for the Monterey Bay Tech Hub initiative supporting Electric Vertical Takeoff and Landing (“EVTOL”) and Unmanned Aerial Systems (“UAS ”) operations in the regions and in support of the NASA Pathfinding for Airspace with Autonomous Vehicles (PAAV) project.
The Airport Use Agreement was presented for consideration and approved at the May 5, 2025, City Council meeting. Due to a miscommunication, the agreement presented at the May 5 meeting did not include the City Attorney office review. The updated Airport Use Agreement includes the City Attorney edits in track changes.
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: At the regular meeting of May 5, 2025, the City Council adopted Resolution No. 2025-57, 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.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. TruWeather Updated Airport Use Agreement
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AN UPDATED 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
WHEREAS, TruWeather Solutions, Inc. (TruWeather) desires to place two advanced weather sensor instruments at the Airport in support of advanced air mobility operations, to provide enhanced weather data for the Monterey Bay Tech Hub initiative supporting Electric Vertical Takeoff and Landing (“EVTOL”) and Unmanned Aerial Systems (“UAS”) operations in the regions and in support of the NASA Pathfinding for Airspace with Autonomous Vehicles (PAAV) project; 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’x5” 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, the Airport Use Agreement was presented for consideration and approved at the May 5, 2025, City Council meeting. Due to a miscommunication, the agreement presented at the May 5th meeting did not include the City Attorney office review. The updated Airport Use Agreement includes the City Attorney edits in track changes ; 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; and
WHEREAS, at the regular meeting of May 5, 2025, the City Council adopted Resolution No. 2025-57, 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 .
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby:
1. Approve an updated 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 19, 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 19, 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 19, 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 20th 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 1220316 Independence Drive, Hillsborough, New Jersey (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 advanced air mobility operations, and to provide enhanced weather data for the Monterey Bay Tech Hub initiative supporting Electric Vertical Takeoff and Landing (“EVTOL”) and Unmanned Aerial Systems (“UAS”) operations in the regions; and 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
2 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.
II. Permitted Use and Operations
User is hereby granted permission to construct an up to 6’x10’x5” concrete pad on Airport property, as more fully described as the Facilities in Section 3 below. The concrete pad will include placement of , place advanced weather sensor instruments (“sensors”) on the pad and a , chain link fence. in the pad, User may connect the pad/equipment to the 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 Acquiring any necessary permits from the City and cCconstruction of the pad and connection(s) to the pad will be performed by contractor(s) of the User’s choice, agreed to by the Airport. and cost shall be All contractor costs and access to the Facilities shall be coordinated with the Airport, including contractor(s) access to the Facilities. User will operate the equipment, including all sensors on the pad, and may need access to the Facilitieslocation to perform maintenance and/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 Facilities to perform Operations, including but not limited to 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 Areaand Facilities.
3 B. Equipment Requirements.
i. Vehicles driven in the Airport Operations Area and Facilities to conduct User Operations shall be flagged and/or utilize a flashing amber beacon at all times.
ii. User shall be solely responsible for the installation, operation, maintenance, repair, and replacement of all equipment, including all weather sensor instruments, as more fully described in Exhibit B, placed on the Facilities.
iii. User shall ensure that all equipment is maintained in good working condition at all times and shall promptly address any malfunctions, damage, or deteriorations.
iv. All equipment installations, including the concrete pad, fencing, power connections, and communications infrastructure, shall comply with applicable building codes, electrical codes, and Airport and FAA requirements.
v. User shall be responsible for ensuring that equipment does not interfere with airport communications, navigation systems, or other airport operations.
vi. User shall provide the Airport Director with technical specifications for all installed equipment and shall update this information if the equipment is modified or replaced.
vii. User shall be responsible for all costs associated with the installation, operation, maintenance, and eventual removal of the equipment. viii. At the termination of this Agreement, User shall, at User’s expense, removal all equipment and restore the site to its original condition, unless otherwise agreed in writing by the City.
ix. User shall ensure that all equipment is properly secured to prevent damage from weather events or unauthorized access.
C. Safety Procedures.
i. While in the Airport Operations AreAirport and Facilities, 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.
4 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 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.
5 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-1 and Exhibit A-2. 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 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
6 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.
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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 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 notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance
7 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
9 EXHIBIT A-2: DESIGNATED INGRESS/EGRESS
10 EXHIBIT B: TRUWEATHER SOLUTIONS WEATHER SENSOR INSTRUMENTS
11
12
13
14
15 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).
16 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
17 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 19, 2025
REPORT # City Manager-2025-30
AGENDA ITEM: A RESOLUTION APPROVING A BOY SCOUTS OF AMERICA
EAGLE SCOUT CANDIDATE TO COMPLETE A PROJECT ON THE GROUNDS AT
THE VETERANS MEMORIAL BUILDING AND NAMING THE VETERANS
MEMORIAL BUILDING AS PROJECT BENEFICIARY
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Approve a Boy Scouts of America Organization Eagle Scout candidate to complete a project on the Veterans Memorial Building grounds and the Veterans Memorial Building named project beneficiary.
DISCUSSION: The Eagle Scout Service Project is part of the Boy Scouts of America, with a candidate applying for a project to become an Eagle Scout - project application name – Veterans of All Wars Monument. The project will create a plaque to honor the Veterans in our community who have not yet been acknowledged for their duties in military conflict.
The city is currently in an agreement with the Ame rican Legion Post 69 to manage and oversee the daily operations at the Veterans Memorial Building and the grounds to the building. The Veterans Memorial Building has been named as the Project Beneficiary, and the American Legion staff will oversee the project on the building grounds, ensuring that the permits, permissions, and authorizations are secured for the proper management and completion of the project.
Mitigating weeds and preventing the growth of unwanted plants will be part of the area clean-up process. Stepping stones for easy public access to the commemoration location and access to the building will also be created. The project area will be prepared for the final installation of an 800lb rock that will have a commemorative brass plaque att ached, recognizing the Veterans. Donations, tools and supplies, and volunteers will be secured and are the responsibility of the applicant.
The project is estimated to be completed in July of 2025.
FISCAL IMPACT: None.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Veterans Memorial Building – Courtyard images
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE BOY SCOUTS OF AMERICA EAGLE SCOUT
CANDIDATE TO COMPLETE A PROJECT AT THE VETERANS
MEMORIAL BUILDING GROUNDS AND THE VETERANS MEMORIAL
BUILDING NAMED AS PROJECT BENEFICIARY
WHEREAS, the Eagle Scout Service Project is part of the Boy Scouts of America ; and
WHEREAS, a candidate has applied to the Boy Scouts of America for the approval of the Eagle Scout project, named Veterans of All Wars Monument; and
WHEREAS, the project will create a plaque to honor the Veterans in our community who have not yet been acknowledged for their duties in military conflict; and
WHEREAS, the city is an agreement with the American Legion Post 69 to manage and oversee the daily operations at the Veterans Memorial Building and the grounds to the building: and
WHEREAS, the Veterans Memorial Building has been named as the Project Beneficiary, and the American Legion staff will oversee the project on the building grounds, ensuring that the permits, permissions, and authorizations are secured for the proper management and completion of the project; and
WHEREAS, mitigating weeds and preventing the growth of unwanted plants will be part of the area clean-up process. Steppingstones for easy public access to the commemoration location and access to the building will be created. The project area will be prepared for the final installation of an 800lb rock that will have a commemorative brass plaque attached, recognizing the Veterans. Donations, tools and supplies, and volunteers will be secured and are the responsibility of the applicant; and
WHEREAS, the project has a start date of April 2025 and a planned completion date of July 2025.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the Boy Scouts of America Eagle Scout candidate to complete a project at the Veterans Memorial Building grounds and naming the Veterans Memorial Building as Project Beneficiary.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # City Manager-2025-29
AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN ASSOCIATION FOR FY 2025/26 FOR THE CALIFORNIA
MAINSTREET PROGRAM IN DOWNTOWN HOLLISTER
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 2025/26.
DISCUSSION: The Hollister Downtown Association (the “Association”) is recognized as a 501(c)(6) non-profit organization. The Association’s Goals and Objectives are to enhance the economic viability of the Association by using financial assistance from the city pursuant to this Agreement to pay the living wages of essential staff in relation to the California Main Street Program in downtown Hollister. The Hollister Downtown Association will present 28 downtown events per year as part of its scope of work with the City of Hollister.
The Association organizes one-day annual events in downtown Hollister, including Lights on Parade, Street Festival & Car Show, Wine & Beer Stroll, Downtown Clean-up, and the Downtown Seasonal Certified Farmer’s Market - to include additional events listed on
with the city and allows the organization to budget with more certainty.
The Association agrees to pursue a variety of approaches to augment funding for its operations through membership dues and fees, obtaining sponsorships of Association events, programs, and grants. Additionally, this MOU includes a provision that the Association will operate the biergarten at the 2025 Hollister Independence Rally. The MOU requires that the Association assist the city with communication and requires annual event reporting by having the Chief Executive Officer of the Association agree to meet at least monthly with the City Manager, provide four quarterly reports, and provide an annual report to the City Council on or before June 30th, 2026.
FISCAL IMPACT: An appropriation of $110,000 from Fund 101 (General Fund) to be included in the FY2025-26 budget. $20,000 of the appropriation is to be used to pay for various City fees associated with the events specified in the MOU.
PREVIOUS COUNCIL OR COMMISSION ACTION: An appropriation of $110,000 from Fund 101 (General Fund) was approved in the FY2024-25 budget.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Hollister Downtown Association – Memorandum of Understanding
3. Hollister Downtown Association – Annual Report FY 2024/25
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN
ASSOCIATION FOR FY 2025/26 FOR THE CALIFORNIA MAINSTREET
PROGRAM IN DOWNTOWN HOLLISTER
WHEREAS, the Hollister Downtown Association (the “Association”) is recognized as a 501©6 non-profit organization. The Association’s Goals and Objectives are to enhance the economic viability of the Association by using financial assistance from the city pursuant to this Agreement to pay the living wages of essential staff in relation to the California Main Street Program in downtown Hollister; and
WHEREAS, the Association will present 28 downtown community events per year as part of its scope of work with the City of Hollister; and
WHEREAS, the Association organizes one day annual events in downtown Hollister , including Lights on Parade, Street Festival & Car Show, Wine & Beer Stroll, Downtown Clean-up, and the Downtown Seasonal Certified Farmer’s Market – to include additional events listed on Page 1, Section 4 of the MOU; and
WHEREAS, having a one-year MOU affirms the existing partnership with the city and allows the organization to budget with more certainty; and
WHEREAS, the Association agrees to pursue a variety of approaches to augment its operations through membership dues and fees, obtaining sponsorships of Association events, programs, and grants. The MOU requires that the Association assist the city with event communication and requires annual event reporting, with having the Chief Executive Officer of the Association agree ing to meet with the City Manager at least monthly, provide four quarterly reports, and provide an annual report to the City Council on or before June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve a Memorandum of Understanding between the City of Hollister and Hollister Downtown Association for FY 2025/26 for the California Mainstreet Program in downtown Hollister.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Caption describing picture or
graphic.
Helping bring the Community to Downtown
Community Report 2024 - May 2025
T he 2024-2025 Fiscal Year continued to solidified the Hollister Downtown Association as an event driven non-profit organization in downtown Hollister.
The main priority of the Hollister Downtown Association in 2024 was to assist with economic development, as it has since its establishment in 1987, in the downtown area by hosting community based events on a nearly weekly pace.
There were 46 events in downtown Hollister starting from March to November.
Going into 2025 the Hollister Downtown Association is on pace for over 53 weekly events.
The Hollister Downtown Association added a new tool in 2024. Placer ai is a software tool that allows the organization to be able to track attendance/foot traffic for its events. This tool provides historical data that goes as far back as 2017 and it can be used to assist businesses with much needed expected attendance figures for better planning during those events. Placer ai not only allows the Hollister Downtown Association to track data in downtown Hollister, but also across the nation. This tool allows the organization to be able to see if an event is growing bigger or smaller and see neighboring communities to see how their events are doing in comparison to those here in San Benito County.
For example in 2024 the Street Festival & Car show brought 5,500 attendees to downtown Hollister. Downtown business owners told the organization that while it was a great turnout they expected the event to be bigger. Placer ai showed that in 2023 the event drew around 6,500 attendees, but prior to that the event averaged around 5,000attendees. This information can now be shared with the business owners to let them know that while there was a very strong year in 2023, the expectation is that the event will normally draw closer to 5000 attendees and they can take that information for their inventory and staffing plans. In 2023 the unofficial number for our Lights on Parade was 8,400, prior to that it was 7,900 and in 2024 that number was 9,900 so we can see that the Lights on Celebration Parade has grown over the last 3 years.
For 2024 the kickoff to the Hollister Downtown Association’s event season started in March when the Hollister Downtown Association in partnership with American Legion Auxiliary and Veterans of Foreign Wars brought the third annual Youth Expo at the Veterans Memorial Building. This event brings over 50 afterschool groups that offer activities such as football, cheerleading, scouting, 4-H, art classes, dance, music, tutoring and other amazing youth activities as well as resources for youth and families. This was followed by Food Truck Tuesdays in March which lead into the Hollister Certified Farmers’ Market which extended to 26 weeks from April to October. With even more vendors and special appearances from outside vendors such as Chick-Fil-A the market drew over 2,000 people each Wednesday. Many local businesses and non- profits participated in the Farmers’ Market in 2024. During the market season, events such as the Downtown Wine and Beer Stroll occurred in May, followed by Saddle Horse Show Downtwon Parade in June which drew 4,500 attendees and the Street Festival & Car Show which drew 5,500 attendees in July. The Hollister Downtown Association also assisted the San Benito County with its 150 Celebration events throughout the year. In October we had the Fall Downtown Clean up Fall Food Truck Tuesdays on San Benito St. In November there was Altares on San Benito (A Dia de Los Muertos event) and we closed out the year with 9,900 of our closest friends and family to bring our 34th Annual Lights On Celebration event.
In 2025 the season started with Spring Food Truck Tuesdays in February. Over 14 Food vendors lined up San Benito St for a 9 week season every Tuesday.
Then the Fourth Annual Youth Expo in March followed by a now 28 -week Farmers’ Market season in April. The Farmers’ Market has now become an entrepreneur hub for small businesses looking to begin or grow or businesses that are looking to test the market to see if there is any interest from the community.
The Hollister Downtown Association continues to take a closer look at how the services and events being offered impact the entire community as a whole.
Whether its in providing safe family events to the community, providing information and services to our local downtown businesses, working with the City of Hollister to assist with their projects, or partnering with various organizations to bring new and existing events back to the community like the oldest parade in Hollister in the annual Saddle Horse Show Parade, Food Truck Tuesdays and a Dia de Los Muertos event , the Hollister Downtown Association is evolving to be a more complete Community Service Partner in Hollister. In 2025 the organization has helped downtown businesses, municipalities, and non profits bring events to life in downtown and we look forward to working assisting more groups. The organization also partnered with Chase and the San Benito Chamber of Commerce to bring Business Financial Literacy workshops at no cost to our business owners and we are looking to see what new ideas we can bring to downtown Hollister. Always with our mission in mind which is to promote and preserve our historic downtown.
37th Annual Street Festival & Car Show on San Benito St Revitalizing Historic Downtown to be the Hub of Social and Economic Activity in our Community
By the Numbers
Hollister Downtown Endowment Fund $65,783
2024 Financial Summary
Revenues, gains & other support
Contributions, gifts & grants $ 93,421 Program service revenue $179,967 Other Income $ 24,895
Fundraising $ 41,863
In-kind revenue $ 780
Total Income $ 340,926
Expenses
Salaries & Related Expenses $148,566 Direct expenses $ 23,745
Non-personnel supporting expenses $167,279 In-kind expenses $ 780 Other related exp $ 21,351
Total Expenses $ 361,721
Change in net assets $ (20,795)
Memorandum of Understanding
The Hollister Downtown Association
came to terms on a new MOU with the
City of Hollister for fiscal year 2024-2025.
Under the terms of the agreement the
Hollister Downtown Association would
present 28 community events in Downtown
Hollister in 2024 including
the Farmers’ Market(26 weekly events),
Youth Expo, Quarterly Breakfasts,
Street Festival & Car Show,
Saddle Horse Show Downtown Parade,
Spring & Fall Clean ups,
Downtown Wine & Beer Stroll and the Lights
On Celebration Parade.
With the inclusion of the Dia De Los Muertos
Event and Food Truck Tuesdays (10 weekly
events), the Hollister Downtown Association
would present 46 downtown events in 2024
By the Numbers
Hills Bookstore –650 San Benito St,
Suite 140
Cosmos Bar & Grill –500 San Benito St
Revive Pilates —620 San Benito St,
Suite A
San Benito Stage Company —549
San Benito St
NEW BUSINESS OPENINGS
2023-2024
New Event:
Food Truck Tuesdays on
San Benito St
• Event Goal for 2024: 28
•
• Total Events in 2024: 46
•
• Event Goal for 2025: 53
•
• Percentage to Goal: 164%
• Projected City of Hollister Permit
fees for fiscal year 2024-2025:
$19,000
In 2024-2025, The Hollister Downtown Association continued to add weekly community events to downtown Hollister.
We’ve increased the Hollister Certified Farmers’ Market to 26 weeks, extending the season from Mid April to Mid October. In 2025 the season will increase to 28 weeks. Based on data collected by Placer a.i we were able to determine that the Farmers’ Market brings on average over 2,000 people every Wednesday to downtown Hollister. By comparison, the
downtown area brings closer to 400 people to downtown on Wednesdays when the market season is over (Nov to March).
Over a 12 month period the busiest days in downtown
Hollister are #1 Wednesdays, #2 Saturdays and #3 Fridays.
The Hollister Downtown Association in partnership with the Chamber of Commerce and Chase Bank brought a Business
Financial Literacy Workshop. This 5-class workshop is
designed to assist businesses by having financial experts do a series of presentations to the business community. There are opportunities for business owners to be able to ask ques- tions or set up personal one-on-one consultations at no cost.
These workshops are designed to assist new businesses, establish businesses and those who are looking to start a business. The HDA will continue to find different
opportunities/workshops/courses that will assist our down- town business community.
The Hollister Downtown Association continued with the Food Truck Tuesday series in 2024-2025 this time bringing the event to San Benito St between Sixth and Seventh Streets. This move was made after speaking with some of our downtown
businesses such as Mad Pursuit, Crave, Heavenly Bakery, Hollister Artisan Mercantile and Hill’s Bookstore. These groups who normally would be closed on Tuesdays or in the evening adjusted their hours so that they could capture the attendees from the event into their businesses. The event grew from 10 weeks before and after the Farmers’ Market sea- son to 17. The series has proven successful as it now features over 14 local food vendors.
The Hollister Downtown Association collaborated with Las Micheladas Bar & Grill and La Catrina to bring a Cinco de Mayo event (Fiesta Mexicana) in 2025 that drew over 800 people and it featured live music, vendors and face painting.
We also partnered with San Benito County’s Integrated Waste and Recology to bring Earth Day to downtown Hollister in 2025. We look forward to working with our downtown partners to bring other events to our community
Bringing More to
Downtown
Volunteers Make a Difference!
2,000 Hours logged during events 2024-2025
Hollister Main Street Four Point Approach in Action
As a unique economic development tool established by the National Trust for Historic Preservation, the Main Street Four -Point Economic Vitality The EV committee works closely with the City of
Hollister, the SBC Chamber of Commerce, and SBC
Business Council to bring economic vitality to the
downtown area.
In 2025, the Hollister Downtown Association
continued its focus on
economic development by
bringing it’s a series of
Business Financial Literacy
workshops to downtown
business owners in
partnership with Chase Bank,
and the San Benito County
Chamber of Commerce. The
goal was for business owners
to be able to get answers from
the financial experts on how
to market their business,
formulate a business plan and
how to apply for loans.
Design
The Design committee works with the City of
Hollister, the San Benito Arts Council, the downtown
business owners and volunteers to achieve a vibrant
downtown. We continue the work on conversion of
San Benito Street and support on-going efforts to
enhance the physical
presence of
downtown to
encourage a
pedestrian friendly
environment and to
help to establish the
area as a destination.
Organization
The Organization Committee works to provide the
financial stability and human resources necessary to
support the goals and programs of the organization.
The Hollister Downtown Association continued its to
be an event driven
organization. In 2024
the Hollister Downtown
Association increased
the amount of weeks of
the Farmers’ Market to
26 in 2024 and 28 in
2025, it also brought 10
Food Truck Tuesdays
events in 2024 and will
bring 17 in 2025. The
organization had 46 events during 2024 and plans on
bringing over 52 weekly events in 2025.
Promotion
The Promotion Committee works to attract
consumers and visitors to downtown by providing a
balanced promotional calendar that offers an array of
activities and events targeted at attracting consumers
year-round. Out of this committee some new event
ideas were created including Food Truck Tuesdays, A
Cinco de
Mayo in
2025, assist
with the
planning of a
Job Fair and
promote all downtown activities to our community.
HDA Events
Youth Expo– A showcase for parents and
children to discover what local after school
activities organizations are being offered in
the community. (500 Attendees)
Food Truck Tuesdays - All your favorite
Food Trucks from the Farmers’ Market are
featured every Tuesday in Downtown
Hollister before the start of the Farmers
Market Season and after the season ends.
(500 Weekly Attendees)
Hollister Certified Farmers’ Market -
Wednesdays, Mid April to Mid October-
produce, plants, flowers, locally produced
products, non-profits, prepared food pur-
chases, entertainment in downtown
Hollister. (2,100 Weekly Attendees)
Spring & Fall Clean-Up - Volunteers from
community organizations, citizens and
businesses come together to spiffy up down-
town. (300-350 Volunteers)
Downtown Wine and Beer Stroll - HDA
members open their doors to local and
regional wines, beer and nibbles.
(500-600 Attendees)
Street Festival and Car Show -
Hundreds of classic, hot rod and specialty
cars, food, vendors and watermelon!
(5,500 Attendees)
Saddle Horse Show Downtown Parade -
The old west returns to Downtown Hollister
as the kick off to the Saddle Horse Show
Rodeo comes to San Benito County.
(4,800 Attendees)
Altares on San Benito St - Our new yearly
Dia De Los Muertos event in November, is
a remembrance of friends and family mem-
bers who have departed.
(800 Attendees)
Lights On Celebration and Parade - The
community comes together to welcome
the Holiday season with Jayme the Elf lead-
ing the parade throughout downtown. Shop
Small Saturday kicks off as well.
(9,900 Attendees)
Hollister Downtown Association Events
Board of Directors -2025
• Omar Rosa, President
Hollister Downtown Association
• Chuck Frowen, Vice President
Grillin’ & Chillin’ Alehouse
• Cynthia Jacobs, Director
Live Laugh Love
• Michelle Tartala, Director
Amazon
• Kumar Vijayendra, Director
Footsteps LLC
• Tom Walerius, Director
Retired
• Karey Grimsley, Director
Intero Real Estate
• Joel Esqueda, Director
HollisterArt Collab.
• Gordon Machado, Director and
Founding Member
Rustic Turtle Embroidery
• Dan Recht, Director
Bianchi, Kasavan & Pope LLP
• Gustavo Gonzalez, Director
La Catrina
• Celina Stotler, Liason
Integrated Waste Management
Staff- 2025
• Omar Rosa, Chief Executive Officer
• Teri Escamilla, Event Manager
• Stacy Koontz, Projects Coordinator
• Bri Rodriguez Taveras, Farmers
Market Manager
COMMUNITY PARTNERSHIPS
350 Sixth St, Suite 102
Phone (831) 636 -8406
Hours: M - F 9AM – 4PM
Website:
downtownhollister.org
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # City Manager-2025-28
AGENDA ITEM: A RESOLUTION AUTHORIZING AN APPLICATION FOR THE
PURPOSE OF OBTAINING FEDERAL FINANCIAL ASSISTANCE AND/OR STATE
FINANCIAL ASSISTANCE
DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager
RECOMMENDED ACTION: Adopt a resolution authorizing the City Council to approve and assign a Designation of Applicant’s Agent for the required Non -State Agencies Form 130 to be eligible to receive funding from the State of California Governor’s Office of Emergency Services.
DISCUSSION: The City Manager requests that the City Council approve and assign authorized agents on the State of California Governor’s Office of Emergency Services Cal-OES Form 130 as listed: City Manager, Assistant City Manager, and Management Analyst. These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Management Services regarding grants applied for by the Applicant. State of California Governor’s Office of Emergency Services Cal OES Form 130 is valid for three (3) years from the last date of approval by the Governing Body or will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
Upon approval, staff will submit the application and resolution to Cal OES which will allow the state to reimburse $230,300 of eligible COVID-19 related costs using FEMA funding.
This is the final reimbursement of allowable COVID-19 expenses.
FISCAL IMPACT: Upon approval, the state will reimburse $230,300 of eligible COVID-19 related costs. Funds received will be deposited in Fund 249. Upon deposit, the fund balance for Fund 249 will be ($511,932) and will require a transfer of $511,932 from the General Fund (Fund 101) to balance and close the fund. This is the final reimbursement of allowable expenses.
PREVIOUS COUNCIL OR COMMISSION ACTION: Previous action with Resolution No. 2021-61.
CEQA: N/A
ATTACHMENTS:
1. Resolution
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER AND STAFF TO EXECUTE
CERTAIN DOCUMENTS ON BEHALF OF THE CITY FOR THE PURPOSE OF APPLYING AND FILING WITH THE GOVERNOR’S OFFICE OF
EMERGENCY SERVICES FOR THE PURPOSE OF OBTAINING
FEDERAL FINANCIAL ASSISTANCE AND/OR STATE FINANCIAL
ASSISTANCE
WHEREAS, upon determination of need through the California Governor’s Office of Emergency Services; and
WHEREAS, a designation of Applicant’s Agent Reso lution for Non-State Agencies is required of all Applicants to be eligible to receive funding; and
WHEREAS, the Governing Body is identified as the City Council of the City of Hollister, which includes the Mayor and four (4) Council Members, who are responsible for appointing and approving the Authorized Agents for the City of Hollister; and
WHEREAS, Authorized Agents are the individuals who are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant; and
WHEREAS, the Authorized Agents are identified as the City Manager, Assistant City Manager, and Management Analyst; and
WHEREAS, Form 130 of the State of California Governor’s Office of Emergency Services will be required to be filed every three (3) years if an Authorized Agent leaves the position and is replaced by another individual in the same title.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the designation of applicant’s agent resolution for non -state agencies and designate the City Manager, Assistant City Manager, and Management Analyst to be authorized agents so that the City is eligible to receive funding from the State of Califo rnia Governor’s Office of Emergency Services.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Fire-2025-12
AGENDA ITEM: A RESOLUTION APPROVING AN AGREEMENT WITH LONG’S
CUSTOM DISCING TO MITIGATE WEEDS ON CERTAIN PROPERTIES AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Alisia Corpuz, Senior Support Services Assistant
RECOMMENDED ACTION: Adopt a resolution approving an agreement with Long’s Custom Discing for Weed Abatement Services and authorize the City Manager to execute the agreement.
DISCUSSION: Annually, the City of Hollister has a weed abatement program designating certain properties as a nuisance, authorizing the City of Hollister to mitigate weeds on said properties. The Hollister Fire Department manages the program and coordinates with a licensed contractor to mitigate weeds on certain properties that have not complied with their notice to abate in the timeframe provided.
The Hollister Fire Department requested quotes from five contractors and received two quotes. The first quote was received from Community Tree Services in the amount of $3,400 per acre. The second quote received was from Long’s Custom Discing in the amount of $300.00 for parcels that are less than 1 acre, $250.00 per acre for parcels larger than 1 acre and $85.00 per hour for handwork. The terms of this agreement would be in effect upon the approval of City Council for three (3) years with two (2) optional one-year extensions.
FISCAL IMPACT: $8,000 per year. The cost will be recovered from property owners.
PREVIOUS COUNCIL ACTION: Council approved agreements with Long’s Custom Discing for previous years for Weed Abatement Services.
CEQA: N/A
ATTACHMENTS:
1. Resolution
2. Agreement signed by Contractor
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AGREEMENT WITH LONG’S CUSTOM DISCING FOR
WEED ABATEMENT SERVICES AND AUTHORIZING THE CITY
MANAGER TO SIGN THE AGREEMENT
WHEREAS, Hollister Fire Department desires to enter into an agreement with Long’s Custom Discing; and
WHEREAS, Hollister Fire Department has requested quotes from several contractors, receiving two responses; and
WHEREAS, the first quote received was from Community Tree Services in the amount of $3,400 per acre. The second quote received was from Long’s Custom Discing in the amount of $300.00 for parcels that are less than 1 acre, $250.00 per acre for parcels larger than 1 acre and $85.00 per hour for handwork; and
WHEREAS, Long’s Custom Discing has an established relationship with the City of Hollister by mitigating weeds for the City’s Annual Weed Abatement Program ; and
WHEREAS, Long’s Custom Discing has specialized equipment to be used for specific properties based on the properties terrain;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister will enter into an agreement with Long’s Custom Discing for three (3) years with two (2) optional one-year extensions.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19th, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 2025-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on May 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
{4882-2543-7368}
CITY OF HOLLISTER
SERVICES AGREEMENT
FOR
WEED AND BRUSH ABATEMENT SERVICES
This services agreement (“Agreement”) is made and entered into effective May 20, 2025 (the “Effective Date”), by and between the City of Hollister (“City”) and Long’s Custom Discing (“Contractor” and together with City, the “Parties”).
1.Contractor Services. Contractor agrees to provide weed and brush abatement services to City (collectively, the “Basic Services”) (as further described in Exhibit A to this Agreement). Contractor shall provide services other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). “Services” shall mean Basic and Additional Services. Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by weed and brush abatement professionals specially qualified to provide the services required by the City.
2.Term. The term of this agreement shall be for three (3) years with the option of two (2) one-year extensions (“Term”), should both parties agree by signed amendment, except as otherwise stated in Section 4 below. Contractor shall complete the Services within the Term. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.
3.Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents, or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.
4.Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if: (1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City’s insurance premiums; (3) Contractor is adjudged as bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor’s insolvency. Such termination shall be effective immediately upon Contractor’s receipt of the notice.
//
5. Payment of Fees for Services. City agrees to pay Contractor based on the hourly rates listed in Exhibit B for any Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed Eight Thousand Dollars ($8,000.00), for the first three (3) years of the contract. If Parties exercise the option to extend the contract, annual fees will not exceed Eight Thousand Dollars ($8,000) per year for the additional two (2) years. Contractor shall perform all Services required by the Agreement even if the not-to-exceed amount for performance of the Services has already been paid and no more payments will be forthcoming. City agrees to make payment for Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly. Contractor will not be compensated for any Services required as a result of wrongful acts or omissions.
5.1 Reimbursement for Certain Expenses. Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.
6.Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”), directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, for injury to or death of persons, damage to property, or delay or damage to the City or the City Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a Party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against City alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).
7.Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services, and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse, or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented, or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.
8.Insurance. Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $2,000,000 each occurrence and four million dollars ($4,000,000) in the aggregate; (ii) commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate; (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq.; and (iv) professional liability insurance covering errors and omissions.
Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services 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 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 notice 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 Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.
9.Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business.
Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.
10.Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal, state, and local taxes or contributions, including unemployment insurance, social security, and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.
11.Confidential Information. All City information disclosed to Contractor during the course of performance of Services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City or required by law.
12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.
13.Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors,
administrators, successors, and assigns of the respective Parties.
14. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents, or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the City. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the City.
15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the Parties and approval of it by the City Council, City shall give Contractor written notice to proceed with the Services. Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.
16.Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.
17.Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.
18.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable state law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.
19.Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the address located next to the Party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.
20.Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.
21.Subcontractors. If Contractor shall subcontract any part of the work, Contractor shall be fully responsible to City for acts or omissions of Contractor’s subcontractors. Pursuant to Public Contract Code section 6109, no contractor may perform work on a public works project with a subcontractor who is ineligible to perform work on the project pursuant to California Labor Code sections 1777.1 or 1777.7.
22.Prevailing Wage. The project is a public work, the Work shall be performed as a public work and pursuant to the provisions of Section 1770 et seq. of the Labor Code of the state of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has
determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Agreement. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the City’s principal office. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement.
The Contractor and any subcontractor under the Contractor as a penalty to the City shall forfeit not more than two hundred dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
The Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked, and occupations of all laborers, workers, and mechanics employed by them in connection with the performance of this Agreement or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the City, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractor shall comply with Labor Code section 1776.
The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner.
Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over twenty-five thousand dollars ($25,000.00), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by division 2, part 7, chapter 1 (§§ 1720 et seq.) of the Labor Code. For all projects over twenty-five thousand dollars ($25,000.00), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by division 2, part 7, chapter 1 (§§ 1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code, section 1725.5 to perform public works.
23.Working Hours. In accordance with the provisions of sections 1810 to 1815, inclusive, of the Labor Code of the state of California, which are hereby incorporated and made a part hereof, the time of service of any worker employed by the Contractor or a subcontractor doing or contracting to do any part of the work contemplated by this Agreement is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week, provided, that work may be performed by such employee in excess of said eight hours per day or forty hours per week provided that compensation for all hours worked in excess of eight hours per day, and forty hours per week, is paid at a rate not less than one and one-half (1½) times the basic rate of pay. The Contractor and every subcontractor shall keep
an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work. The records shall be kept open at all reasonable hours to inspection by representatives of the City and the Division of Labor Standards Enforcement. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day, and forty hours in any one calendar week, except as herein provided.
24.Apprentices. The Contractor agrees to comply with chapter 1, part 7, division 2, sections 1777.5 and 1777.6 of the California Labor Code, which are hereby incorporated and made a part hereof. These sections require that contractors and subcontractors employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for each five hours of work performed by a journeyman (unless an exemption is granted in accordance with section 1777.5) and that contractors and subcontractors shall not discriminate among otherwise qualified employees as indentured apprentices on any public works solely on the ground of sex, race, religious creed, national origin, ancestry, or color.
Only apprentices as defined in Labor Code section 3077, who are in training under apprenticeship standards and who have signed written apprentice agreements, will be employed on public works in apprenticeable occupations. The responsibility for compliance with these provisions is fixed with the Contractor for all apprenticeable occupations.
25.Contractor’s License, Registration and Compliance. In accordance with section 3300 of the Public Contract Code, Contractor has a Class “[A and C27]” license which shall be maintained in good standing for the duration of Contractor’s work pursuant to the Agreement. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. The City shall not enter into any contract without proof of the Contractor’s current registration to perform public works under Labor Code section 1725.5. The Contractor shall not enter into any subcontract without proof of the subcontractor’s current registration to perform public work under Labor Code section 1725.5. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by division 2, part 7, chapter 1 (§§ 1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public works.
26.Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.
27.Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.
28.Liability of City. Notwithstanding anything stated herein to the contrary, City shall not be liable for any special, consequential, indirect, or incidental damages, including but not limited to lost profits in connection with this Agreement.
29.Time. Time is of the essence for performance of the Services under this Agreement.
30.Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.
31.Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.
32.Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 33 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.
34.Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
35.Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.
36.Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.
37.Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other Party, demand mediation of any dispute. The Parties shall endeavor to include any third-party claimant in the mediation. The Parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the Parties to this Agreement, shall pay equal shares of the mediator’s fees. Each party shall bear its own attorney’s fees related to the mediation.
38.Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code, § 2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request. * * * * * * * * * * * * * * * * * * * *
CITY OF HOLLISTER CONTRACTOR:
__Long’s Custom Discing_____________
By:
Name:
Title:
By:
Name:
Title:
Address for City Notices:Address for Contractor Notices:
EXHIBIT A
Scope of Services
Robert Long
Operations Manager
Long's Custom Discing Inc
PO Box 92
Moffett Field, CA 94035-0092
Scope of Work
To supply all labor, materials, and equipment necessary to remove weeds, brush and other debris as designated by the City of Hollister Fire Department.
The parcels of land will be specified by the Fire Department.
The abatement of weeds will be done by discing or most efficient means for specified parcel.
All parcels shall be evaluated by the Contractor prior to abatement services for obstacles and obstructions such as pipes, abandoned septic tanks, etc.
Work will be started on specific parcels and in order of priority and public nuisance according to fire and health hazards as determined by the City of Hollister Fire Department.
This contract shall be non-exclusive, and the City of Hollister expressly reserves the right to contract with other contractors to remove weeds and/or refuse under special assignment proceedings or otherwise if required.
Location
The property upon which abatement work shall be done consists of streets, parkways, sidewalks, parks, commercial or private property, vacant or otherwise, upon which weeds or refuse have become a nuisance.
Contractor shall coordinate with the City of Hollister Fire Department on location(s) and date(s) of requested abatement.
Maps and locations will be furnished at the time of assignment.
It will be the intent of the Fire Department to combine, whenever possible, work locations which are in close proximity to each other.
Notification Procedure
Property owners will be notified by the City that they will have to abate their property. The Contractor will be notified as well in preparation for abatement procedures if property owners fail to do so.
The City of Hollister Fire Department will inspect all parcels in a specified area and give the Contractor a written list of parcels in that area which the Contractor is to abate and the approved date to start work.
No work shall be done on any parcel unless this notice is given.
The approval to start work on specified parcel is automatically canceled if work is not started within five (5) days of the approved start date.
No payment will be made for abatement work on any parcel unless the above conditions are met.
Discing
Discs shall be set at an angle sufficient to cut the sod growth loose and turn the existing growth under and each discing shall destroy and bury the growth of weeds existing at that time.
Discing equipment shall be operated so as not to break or damage concrete sidewalks, or other public improvements. Equipment shall be suitable to accomplish the discing as specified. Each discing shall leave the parcel clean and reasonably smooth.
In some cases, lots may require two (2) discings. Unless otherwise specified, the second discing shall not occur before thirty (30) days have elapsed from the date of the first discing and shall be approved by the city of Hollister Fire Department prior to work.
Mowing
Mowing of lots may be allowed as an alternate method of abatement of weeds on certain lots, however, mowing will not be allowed where firebreaks are required. All mowing methods must be approved by the City of Hollister Fire Department prior to abatement.
Note: The City of Hollister Fire Department shall reserve the right to determine acceptable methods of abatement to comply with City Ordinances and other methods as defined herein.
The Contractor shall also be required to cut fire breaks where required.
Equipment
The Contractor shall provide adequate equipment suitable to meet the requirements of this contract and shall be approved by the City of Hollister Fire Department.
Debris Removal
The Contractor shall be responsible for the removal and disposal of all debris/refuse that will prevent discing and/or mowing each lot designated for abatement services. Large amounts of debris/refuse and /or unknown materials will be immediately brought to the attention of the City Fire Department prior to removal.
If locations require trimming of tree branches, all debris may be chipped and left on site upon approval of the City of Hollister Fire Department.
EXHIBIT B
Hourly Rates
2025 Discing Rates:
< 1 acre $300/acre
> 1 acre $250/acre
2025 Handwork Rates:
$85/hour per worker
2026 Discing Rates:
1 acre $262.50/acre
2026 Handwork Rates:
$89.25/hour per worker
2027 Discing Rates:
1 acre $275.63/acre
2027 Handwork Rates:
$93.71/hour per worker
2028 Discing Rates:
1 acre $289.41/acre
2028 Handwork Rates:
$98.40/hour per worker
2029 Discing Rates:
1 acre $303.88/acre
2029 Handwork Rates:
$103.32/hour per worker
EXHIBIT C
PROJECT STAFF
NAME TITLE
Robert Long Tractor Operator
Austin Long Tractor Operator
Jaime Topete Hand Worker
Eduardo Betancourt Hand Worker
Fernando Betancourt Hand Worker
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Public Works-2025-29
AGENDA ITEM: A RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026 AND SETTING THE PUBLIC HEARING
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Cristian Builes
RECOMMENDED ACTION: Adopt a resolution declaring the intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 and setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026 for June 2, 2025 at 6:30 pm in the City of Hollister’s Council Chambers, 375 Fifth Street, Hollister, CA 95203.
DISCUSSION: On April 21, 2025, the City Council adopted Resolution No. 2025 -051, which initiated proceedings for the levy and collection of assessments within 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.
The City Engineer prepared the Draft Engineer’s Report and filed it with the City Clerk.
The City Council approved the Draft Engineer’s Report dated May 5, 2025 by Resolution No. 2025-056.
The assessments are for operation, maintenance, and service costs of landscaping; lighting, street trees, park(s), parkway(s), storm water detention pond(s), sound wall(s), and appurtenant facilities described in the Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year 2025/2026.
The Draft Engineer’s Report, on file with the City Clerk, has a full and detailed description of the improvements; the boundaries of the Landscape and Lighting District No. 93-1 and Zones therein; and the proposed assessments upon the assessable lots and parcels of land within the District.
A public hearing by the City Council will be conducted on the levy and collection of the assessments on June 2, 2025, at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA, 95023.
Notice of the hearing shall be published in accordance with Streets and Highways Code Section 22626(a). The Act requires a Resolution of Intention to be published in a local newspaper at least 10 days prior to the date of the public hearing. Staff will publish the Resolution of Intention in a local newspaper for the public hearing on May 16, 2025.
The Fiscal Year 2025/2026 assessments do not increase the amount of the Fiscal Year 2024/2025 assessments.
FISCAL IMPACT: The Draft Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year 2025/2026 estimates $223,669.25 in revenue for Fiscal Year 2025/2026.
PREVIOUS COUNCIL OR COMMISSION ACTION: On May 5, 2025 the City Council adopted Resolution 2025-056 approving the Draft Engineers Report.
CEQA: This action does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026 AND SETTING THE PUBLIC HEARING
FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR
LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2025/2026 FOR JUNE 2, 2025 AT 6:30 P.M. IN CITY OF HOLLISTER’S COUNCIL CHAMBERS, 375 FIFTH STREET, HOLLISTER, CA 95203
WHEREAS, the City Council of the City of Hollister adopted Resolution No. 2025 -051 initiating proceedings for the levy and collection of annual assessments for Landscape and Lighting District 93-1 (“District”) 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”) for the Improvements, Operation, Maintenance, and Services for street trees, parkways, perimeter sound wall, landscaping, hardscape, lighting and all appurtenant facilities and operations related thereto; and
WHEREAS, On April 21, 2025, the City Council adopted Resolution No. 202-051 initiating proceedings for the levy and collection of assessments within 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 and filed it with the City Clerk; and
WHEREAS, on Mary 5, 2025, the Draft Engineer’s Report was approved by the City Council; and
WHEREAS, the City Council of the City of Hollister wishes to continue the proceedings 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, does hereby resolve as follows:
1. The City Council declares its intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2025/2026; and
2. The assessments are for operation, maintenance, and service costs of landscaping; lighting, street trees, park(s), parkway(s), storm water detention pond(s), sound wall(s), and appurtenant facilities described in the Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year 2025/2026; and
Resolution No. 2025-XX
3. The Draft Engineer’s Report, on file with the City Clerk, has a full and detailed description of the improvements; the boundaries of the Landscape and Lighting District No. 93-1 and Zones therein; and the proposed assessments upon the assessable lots and parcels of land within the District; and
4. The City Council will conduct a public hearing on the levy and collection of the assessments on June 2, 2025, at 6:30 p.m. in City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA, 95023; and
5. Notice of the public hearing shall be published in accordance with the California Streets and Highways Code Section 22626(a); and
6. The Fiscal Year 2025/2026 assessments do not increase the amount of the Fiscal Year 2024/2025 assessments.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19, 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 19, 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 19, 2025
REPORT # Public Works-2025-30
AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF THE 1940 AIRWAY DRIVE PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 61 (PUBLIC FACILITIES SERVICES)
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Dillon Albert, Assistant Engineer
RECOMMENDED ACTION: Adopt a resolution approving the annexation of the1940 Airway Drive Project into CFD#4.
DISCUSSION: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined, and creative solution to providing public improvement maintenance services for development projects. The 1940 Airway Drive Project will be included in Community Facility District No. 4 under this streamlined process. This is the 61st project to be annexed to CFD No. 4 since its creation in 2014.
The 1940 Airway Drive Project was approved by the planning commission with a condition of approval that the owner consents to include the proj ect in the City’s CFD No. 4. The owner has executed a “Unanimous Approval” document agreeing to this action.
FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the project. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2024-25 for all parcels of Developed Property in Tax Zone 1 shall be $1,890.60 per acre. The project site is 1.63 acres and the estimated revenue for Fund 712 is $3,081.67. On July 1, 2025, and each July 1 thereafter, the maximum special tax for Developed Property shall be increased by the amount equal to the percentage change in the Consumer Price Index.
PREVIOUS COUNCIL OR COMMISSION ACTION:
February 25, 2021 – Planning Commission approved Site and Architectural Review 2020-10 (PC Resolution 2021-4)
February 25, 2021 - Planning Commission approved Conditional Use Permit 2021 -1 (PC Resolution 2021-5)
CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. Resolution 1940 Airway Drive Project CFD 4
2. Power of Attorney
3. 1940 Airway Dr. CFD 4 Documents
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 1940 AIRWAY
DRIVE PROJECT FOR THE ANNEXATION OF TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 61
(PUBLIC FACILITIES SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and
WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and
WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and
WHEREAS, the City has received a consent and waiver from Paul Rovella, Attorney in Fact and Power of Attorney for the property owner, Nick Hough, which constitutes a portion of the future annexation area, for annexation into the District.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
SECTION 1
The Council hereby determines to institute proceedings for the annexation of the 1940 Airway Drive Project into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the 1940 Airway Drive Project” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this p roject.
SECTION 2
The map showing the 1940 Airway Drive Project, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, t he City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.
Resolution No. 2025-XX
SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the proposed 1940 Airway Drive Project boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the 1940 Airway Drive Project will not result in any change to the special tax rates levied in the District prior to such annexation.
SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the 1940 Airway Drive Project boundary.
SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the 1940 Airway Drive Project for the annexation of Territory into Community Facilities District No. 4, Annexation No. 61 (Public Facilities Services).
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney
Resolution No. 2025-XX
I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on May 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Public Works-2025-31
AGENDA ITEM: A RESOLUTION APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: Renee Perales, Capital Improvement Projects Manager
RECOMMENDED ACTION: Adopt a resolution approving a list of projects funded by SB 1: the Road Repair and Accountability Act of 2017.
DISCUSSION: Senate Bill 1 (SB 1), also known as the Road Repair and Accountability Act of 2017, was passed by the State Legislature and signed into Law by the Governor in April 2017. The intent of the act is to address the significant multi-modal transportation funding shortfalls statewide. SB 1 includes accountability and transparency provisions that will ensure the residents of Hollister are aware of projects proposed for funding, and which projects have been completed each fiscal year.
The City has been identified to receive $1,124,823 from SB 1 for fiscal year 2025/2026.
Approval by the City Council of the project list will secure the SB1 funding for fiscal year 2025/2026. The estimated cost of the projects is $1,040,000; any unspent funds will remain in Fund 200 (SB 1), increasing the fund balance, and will be used on future projects. The funding will assist the City in continuing with essential road maintenance and rehabilitation projects for the traveling public that may not have otherwise been possible at this time.
Below is the list of roads proposed to receive a pavement overlay for fiscal year 2025/2026:
Locust Avenue – north of Central Avenue to north of Fourth Street Sally Street – south of Hawkins Alley to north of Fourth Street B Street - east of Homestead Avenue to west of Powell Street Squire Court - east of Prune Street to south of Knight Lane
This project will repair multiple segments of roadway (2,290 LF) in the City of Hollister through cold planing (grinding off a portion of the existing asphalt) followed by a hot mix asphalt overlay (Grind & Overlay). Isolated areas of base failure repair will also occur as needed before the overlay portion is completed and curb ramps within the limits of the project will be reconstructed to meet current ADA standards. A Grind & Overlay may extend the life of the street up to 20 years. Included with this staff report is a location map of the proposed streets for illustration purposes only.
Staff has prepared the necessary resolution to adopt a list of projects to be funded by SB1 for City Council consideration and approval.
FISCAL IMPACT: No impact from this item. Future expenditures of SB 1 funds will be identified at a later date.
PREVIOUS COUNCIL OR COMMISSION ACTION: None
CEQA: This item is not considered a project under CEQA.
ATTACHMENTS:
1. Resolution
2. Map of project area
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,124,823.00 in RMRA funding in Fiscal Year 2025/2026 from SB 1; and
WHEREAS, this SB 1 funding will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost- effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate four (4) streets/roads, throughout the City this year and similar projects into the future; and WHEREAS, the July 2021 Pavement Condition Evaluation Report found that the City’s streets and roads are in a “fair” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
Resolution No. 2025-XX
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Hollister, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2025/2026 Road Maintenance and Rehabilitation Account revenues:
Locust Avenue – north of Central to north of Fourth Street. This street is a 2-lane residential road approximately 532 feet in length serving residential areas on the west side of Hollister. The PCI in this section is 25. The maintenance proposed is a conventional grind and overlay treatment which is expected to extend the pavement life approximately 20 years. Project is anticipated to begin approximately November 2025 and end February 2026.
Sally Street – south of Hawkins Alley to north of Fourth Street. This street is a 2-lane residential road approximately 198 feet in length serving residential areas on the west side of Hollister. The PCI in this section is 22. The maintenance proposed is a conventional grind and overlay treatment which is expected to extend the pavement life approximately 20 years. Project is anticipated to begin approximately November 2025 and end February 2026.
B Street- east of Homestead Avenue to west of Powell Street. This street is a 2-lane residential road approximately 864 feet in length serving residential areas on the west side of Hollister. The PCI in this section is 15. The maintenance proposed is a conventional grind and overlay treatment which is expected to extend the pavement life approximately 20 years. Project is anticipated to begin approximately November 2025 and end February 2026.
Squire Court - east of Prune Street to south of Knight Lane. This street is a 2-lane residential road approximately 696 feet in length serving residential areas on the west side of Hollister. The PCI in this section is 9. The maintenance proposed is a conventional grind and overlay treatment which is expected to extend the pavement life approximately 20 years. Project is anticipated to begin approximately November 2025 and end February 2026.
Resolution No. 2025-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19, 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: May 19, 2025
REPORT # Community Development-2025-27
AGENDA ITEM: RESOLUTIONS FOR WEST FAIRVIEW SPECIFIC PLAN AMENDMENT, SITE & ARCHITECTURAL REVIEW 2022-13, AND CONDITIONAL USE PERMIT 2022-5 FOR BRIGHT FUTURE RECOVERY.
DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Erica Fraser, Consultant Senior Planner
RECOMMENDED ACTION: Hold a public hearing and adopt resolutions approving the CEQA Addendum, West Fairview Specific Plan Amendment, Site & Architectural Review, and Conditional Use Permit.
DISCUSSION: The Project is located at 1000 Fairview Road, a 1.15-acre parcel that is currently developed with one (1) house and related improvements. This property was included within the West of Fairview Specific Plan to ensure that development of the site (if it were to occur in the future) would be consistent with the design, layout, and requirements of the surrounding area.
Currently, the Applicant operates a sober living facility within the existing house on the property. The Applicant, Bright Future Recovery, would like to expand operations on the site to serve more people. To allow for this expansion, the Applicant is requesting approval to construct two (2) additional buildings on the site. One building will be used for administration and therapy or support services, and the second building will be used as housing. The existing building will remain and continue to be used as housing for the sober living facility. The proposed modifications will allow the operation of a 22-bed, 22- resident facility on the property.
On April 24, 2025, the Planning Commission reviewed the project during a public hearing and adopted Resolution No. 2025-7 recommending City Council approval of a CEQA Addendum for the project, Resolution No. 2025-8 recommending City Council approval of an amendment to the West Fairview Specific Plan, and Resolution No. 2025 -9 recommending City Council approval of a Site and Architectural Review.
ANALYSIS: The project site is bordered by Fairview Road to the west, single-family homes and Fuchsia Drive to the south and east, and future completion of the West Fairview development (Phase 3) to the north.
The location of the project site is shown below:
Figure 1: Project Site and the Surrounding Area
On-site circulation, access, parking design, and other requirements have been reviewed by the City’s Development Review Committee (DRC) to ensure compliance with City, State, and Federal Regulations. Conditions of Approval related to compliance have also been included in the Project Conditions of Approval.
Specific Plan Amendment
The project site is located within the West Fairview Specific Plan Area. The Specific Plan identified several ‘areas’ within the plan area for development. The Specific Plan (as amended in 2007) and approved Tentative Map planned for the eventual construction of 517 single family residences, 60 garden or cluster homes, and 100 multi-family apartment units.
Although development of 1000 Fairview Road was not included within the Tentative Map approved for the development of West Fairview, the site was included within the Specific Plan area to allow the site to be annexed with the project and ensure that future development of the site would be consistent with the layout, design, and standards of West Fairview.
Development Standards for the West Fairview Specific Plan area located in Section 6.3 (starting on page 72). Each specific type of property identified within the plan area has design standards tailored to the size of the property or use of the property. The proposed project is located on a 1.15-acre parcel and would be subject to the large single-family lot (10,000 square feet or more) development standards (see page 71 , included as Attachment 5). The development standards allow for the construction of one (1) dwelling unit on the property, with the setbacks and limitations noted.
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The site is large, and a sober living facility currently operates on the site. The Applica nt is requesting approval to expand the number of people that can be served on site and is requesting approval of two (2) additional buildings to serve and house facility residents.
If the site were to be subdivided and developed, up to six (6) residential dwellings could be constructed under the allowed density in the West Fairview Specific Plan.
Staff recommends approval of the Specific Plan Amendment. The site is large and is physically suitable for this type of development. The proposed use of the site , as a sober living facility, will provide support and services for residents of the City that may need assistance. The State of California has determined that these types of facilities are a residential use and therefore the proposed development of the site is compatible with the surrounding area. Staff have prepared an amendment (included as Exhibit A of Attachment 2) to the Specific Plan to address this property.
Site and Architectural Review
Staff discussion of the design and layout of the project is discussed in detail below. The site improvements include a new 2,989 square feet administration building, a new 1,691 square foot residential building (with 4 bedrooms to house up to 8 people), pool, recreation areas, and related improvements. The existing 5,489 square foot house will remain and will continue to be used to house facility residents.
Site Plan (Sheet A2.1):
Access to the site is from an existing driveway off Fairview Road. The entrance/exit is proposed to be blocked by a gate set back from the road to provide for adequate stacking while the gate is opening. Additional improvements, including the widening of the existing driveway, will be made to the entrance to conform to the recommendations of the Traffic Analysis.
Once inside the site, the driveway extends around the new administration building and provides access to parking areas as well as the existing house and proposed residential building.
The new administration building (2,989 square feet) is located closest to the street and is setback twenty-five (25) feet from the front property line and approximately fifty (50) feet from Fairview Road. The building is separated from the street by fencing on the property as well as landscaping and sidewalk adjacent to the stre et.
The new 1,691 square foot residential building will be located on the eastern portion of the property. This building will be set back six (6) feet from the property line. This building is located adjacent to Marigold Street and will be located away fr om the single-family residences located to the north. The new building will be further separated from the street by an existing fence and sidewalk.
Other site improvements include a new trash enclosure, pool, recreation areas, and landscaping.
Figure 2: Site Layout
Landscaping (Sheets A7 and A8):
Trees will be planted throughout the site. Two new 36” box Mulga trees will be planted adjacent to Fairview Road. Plant materials will be added to the fence at Fairview Road to provide visual interest and break up the monotony of a fence at the road.
Additional trees will be planted throughout the site and the large existing on -site tree will remain and located within the traffic circle. Additional plant materials will be planted throughout the site. Most of the landscaping will not be visible from the street or the surrounding properties due to the perimeter fence. The proposed landscaping meets all requirements of the Zoning Ordinance.
Architecture (Sheet A3.1and A3.2):
Due to the orientation of the site and setbacks from the street, most of the site will not be visible. The new administration building is closest to Fairview Road and is designed in a modern style. The right elevation will face Fairview Road, however, due to the height of the fence, setback from the street, and the height of the building (which is 18’8”) only a small portion of the roof will be visible.
The new buildings are well designed, are well articulated and will include a mixture of materials, colors, architectural details, and enhancements. The new buildings will be an attractive addition to the property.
Renderings of the two (2) new buildings can be found on page A4.8 of the project plans included as Exhibit A of Attachment 3.
Figure 2 – Front of the Administration Building
Figure 3 – Front of the New Residential Building
Parking:
The Zoning Ordinance does not contain parking requirements for this type of use.
Therefore, the parking requirements are established by the Conditional Use Permit. The Applicant has stated that there will be a maximum of ten (10) employees on site at any given time. Residents will not have cars and will remain on-site except for off-site excursions with Staff. Families of facility residents will visit mostly through web-based means (Zoom, etc.) with very limited on-site visitation. Therefore, Staff recommends that the parking requirement for this use be set as ten (10) parking spaces, which can be met by the proposed eleven (11) parking spaces on site.
Conditional Use Permit:
The proposed use of the site as a sober living facility (or community care facility) is considered to be a residential use, by the State of California, and is required to be allowed in residential zoning districts (facilities with six (6) or fewer residents are required to be allowed by right and a conditional use permit can be required for facilities that serve seven (7) or more people). Table 17.04-1 Residential Land Uses and Permit Requirements includes the use category of supportive housing, however there are no permitting requirements for this use and supportive housing is not defined. However, consistent with State Law, this use should be allowed with approval of a Conditional Use Permit.
The Applicant currently operates a sober living facility in the existing residence. The proposal includes an expansion of the use to increase the number of people served to a maximum of twenty-two (22). Residents will remain on site and cannot come and go on their own. Families have limited visitation on Sundays. The facility will provide a sober
place to live with support services.
The site is well suited to serve twenty-two (22) people. It is large and is oriented away from other neighboring single-family residences in the area. Staff recommend approval of a Resolution recommending City Council approval of a Conditional Use Permit (Attachment 4).
FISCAL IMPACT: $0
PREVIOUS COUNCIL OR COMMISSION ACTION: On April 24, 2025, the Planning Commission reviewed the project during a public hearing and adopted Resolution No. 2025-7 recommending the City Council approve a CEQA Addendum for the project, Resolution No. 2025-8 recommending City Council approval of an amendment to the West Fairview Specific Plan, and Resolution No. 2025 -9 recommending City Council approval of a Site and Architectural Review.
CEQA: The California Environmental Quality Act (CEQA) Guideline Section 15164 provides that an Addendum to a previously certified Environmental Impact Report (EIR) may be prepared when the Project requires a minor technical change to the EIR, there are no significant environmental impacts and there is not a substantial increase in the severity of previously identified significant impacts.
On February 7, 1998, the Hollister City Council adopted Resolution No. 94 -19 certifying an Environmental Impact Report (EIR) for the West of Fairview Specific Plan (SCH #1990031027). The certified EIR consisted of a Draft EIR and Responses to Comments.
For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations.
A Supplemental EIR (hereafter 2007 SEIR) for an amendment to the West Fairview Specific Plan and a Tentative Map was certified by the Hollister City Council on April 16, 2007 (SCH #2005111094). The Specific Plan Amendment in creased the acreage of medium density and high-density residential development area from 6 to 9.1 acres, a request to divide one 125.9-acre parcel into 517 individual lots, sixty (60) garden lot home (or cluster lots), and 100 apartments on a single lot.
Staff prepared an Initial Study to review the site-specific environmental impacts associated with the proposed sober living facility. The Initial Study determined that the development of this facility would not create any additional impacts beyond those s tudied in the 1998 EIR or the 2007 Supplemental EIR. Therefore, an Addendum to the 1998 EIR was prepared to document these facts. Relevant mitigation measures from the 1998 West Fairview EIR and the 2007 West Fairview Supplement EIR will continue to apply to this project.
Staff recommends that the Planning Commission adopt a Resolution recommending the City Council adopt the Addendum for this project. The Addendum is included as Exhibit A to Attachment 1.
ATTACHMENTS:
1. Resolution approving a CEQA Addendum for the 1000 Fairview Rd./Bright Future
Recovery Project with the West Fairview CEQA Addendum included as Exhibit A.
2. Resolution approving an amendment to the West Fairview Specific Plan with the Amendment included as Exhibit A.
3. Resolution approving Site and Architectural Review 2022-13 with the project plans included as Exhibit A.
4. Resolution approving Conditional Use Permit 2022-5, with the Applicant’s Statement of Operations included as Exhibit A.
5. Page 71 of the West Fairview Specific Plan.
6. Staff Presentation.
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A CEQA ADDENDUM FOR A SPECIFIC PLAN
AMENDMENT, SITE AND ARCHITECTURAL REVIEW, AND
CONDITIONAL USE PERMIT TO CONSTRUCT A SOBER LIVING
FACILITY WITH UP TO 22 BEDS FOR BRIGHT FUTURE RECOVERY
(APN 057-710-012)
WHEREAS, the Applicant, Bright Future Recovery, has submitted an application for a West of Fairview Specific Plan Amendment, Site and Architectural Review and Conditional Use Permit for a sober living facility located at 1000 Fairview Road, which are on file with the Planning Division. These applications are collectively referred to herein as “the Project”; and
WHEREAS, the Project is within the West of Fairview Specific Plan area, for which an Environmental Impact Report (EIR) was certified pursuant to the California Environmental Quality Act (CEQA) by the Hollister City Council (SCH #1990031027) and the 2007 Supplemental EIR which was certified by the Hollister City Council (SCH #2005111094).
All mitigation measures identified in the EIR and Supplemental EIR continue to apply to this project; and
WHEREAS, the City prepared an Initial Study to determine if additional review of the current Project was required pursuant to CEQA Guidelines Section 15162. The Initial Study, dated March 2025, is attached as Exhibit A and incorporated herein by reference.
Based on the Initial Study, the City prepared an Addendum dated March 2025 (attached as Exhibit A and incorporated herein by reference) describing minor changes from the previous approvals and finding that the impacts of the current Program have been adequately addressed in the 1998 West Fairview EIR and the 2007 Supplemental EIR, both of which are incorporated herein by reference; and
WHEREAS, on April 24, 2025, the Planning Commission held a duly noticed public hearing and adopted Resolution No. 2025 -7 recommending City Council approval of the CEQA Addendum for the project; and
WHEREAS, the City Council held a duly noticed public hearing on May 19, 2025 to review the City Staff Report which analyzed the proposed Project, and receive written and oral testimony for and against the proposal; and
WHEREAS, the City Council considered the Addendum along with the previous EIR, SEIR, and Addendum before making a recommendation on the Project. The City Council further used its independent judgement and considered all reports, recommendations and testimony before taking action on the Project.
Resolution No. 2025-XX
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the CEQA Addendum, attached hereto as Exhibit A, for the Bright Future Recovery sober living facility, pursuant to CEQA Guidelines Section 15164.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on May 19, 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 19 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 19, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
ADDEDNDUM TO THE WEST FAIRVIEW SPECIFIC PLAN
ENVIRONMENTAL IMPACT REPORT FOR BRIGHT FUTURE
RECOVERY SOBER LIVING FACILITY
March 2025
Lead Agency: City of Hollister
339 Fifth Street
Hollister, CA 95023
Contents
Introduction ....................................................................................................................................................... 3 Project Location and Site Information ............................................................................................................. 5 Proposed Project ............................................................................................................................................... 7 Initial Study ........................................................................................................................................................ 9 Evaluation of Environmental Impacts ............................................................................................................ 12 Discussion of Checklist .................................................................................................................................... 13 I. Aesthetics ............................................................................................................................................ 13 II. Agriculture and Forestry Resources .................................................................................................. 14 III. Air Quality ........................................................................................................................................... 16 IV. Biological Resources ........................................................................................................................... 18 V. Cultural Resources .............................................................................................................................. 20 VI. Energy………….. .................................................................................................................................... 21 VI. Geology and Soils................................................................................................................................ 23 VIII. Greenhouse Gas Emissions ................................................................................................................ 25 IX. Hazards and Hazardous Materials ..................................................................................................... 27 X. Hydrology and Water Quality ............................................................................................................ 29 XI. Land Use and Planning ....................................................................................................................... 32 XII. Mineral Resources .............................................................................................................................. 34 XIII. Noise…….. .......................................................................................................................................... .35 XIV. Population and Housing ..................................................................................................................... 37 XV. Public Services. ................................................................................................................................... 38 XVI. Recreation ........................................................................................................................................... 40 XVII. Transportation/Traffic ........................................................................................................................ 41 XVII. Tribal Cultural Resources ................................................................................................................... 45 XIX. Utilities and Service Systems.............................................................................................................. 47 XX. Wildfire ................................................................................................................................................ 49 XVIII. Mandatory Findings of Significance .................................................................................................. 50
Appendices
A: Traffic Circulation Study
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 3
CEQA Addendum
Bright Future Recovery
1000 Fairview Road
S&A 2022-13, CUP 2022-5 and SPA 2023-01
Introduction
On February 7, 1998, the Hollister City Council adopted Resolution No. 94-19, certifying an Environmental Impact Report (EIR) for the West Fairview Specific Plan (SCH #1990031027). The certified EIR consisted of a Draft EIR and Responses to Comments. For identified impacts that could not be mitigated to a less than significant level, the City Council adopted a Statement of Overriding Considerations.
A Supplemental EIR (hereafter 2007 SEIR) for an amendment to the West Fairview Specific Plan and a Tentative Map was certified by the Hollister City Council on April 16, 2007 (SCH # 2005111094). The Specific Plan Amendment increased the acreage of medium density and high-density residential development area from 6 to
9.1 acres, a request to divide one 125.9 acre parcel (referred to as the West Fairview Subdivision) into 517 individual lots, sixty (60) garden lot homes (or cluster lots), and 100 apartments on a single lot.
All applicable mitigation measures in the 1994 WFEIR and the 2007 SEIR previously apply to this project.
Both the 1994 WFEIR and the 2007 SEIR are incorporated herein by reference.
The applicant, Bright Future Recovery, has applied for a Specific Plan Amendment, Site and Architectural Review, and a Conditional Use Permit to allow the construction and operation of a sober living facility located at 1000 Fairview Road. The subject property was included within the Specific Plan Area to ensure that future development of the site was consistent with the goals and policies of the Specific Plan.
CEQA
The State CEQA Guidelines provide guidance on the appropriate document for revisions to a previously certified EIR. Section 15162 requires the preparation of a subsequent EIR if the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed to the project involving new or more severe significant impacts? There are no substantial changes to the Project analyzed in the 1994 WFEIR or the 2007 SEIR as a result of this project. The West Fairview Specific Plan included this property within the Specific Plan Area to ensure future development of this property would conform to the design and policies of the specific plan. The property is currently developed with a single-family residence, and it was assumed, when including this parcel in the specific plan, that future development with additional single-family residences could occur.
A sober living facility is allowed with a Conditional Use Permit in the City’s residential zoning districts.
(2) Substantial changes in the conditions which the Project is undertaken involving new or more significant impacts? There are no substantial changes in the conditions of the build out of the West Fairview Specific Plan. A Tentative Map for the entire project area has been approved. Subsequent approvals include Final
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 4
Maps, Building and Grading Permits and Site and Architectural Reviews (cluster lots and affordable apartment project). Improvements surrounding this site are currently underway and include frontage improvements, internal roadways, grading, and sound walls. A Focused Traffic Analysis was prepared to ensure that this site would be able to be safely accessed as required by the 1994 WF EIR and 2007 SEIR.
Furthermore, the project does not propose a density which is beyond what is allowed under the Specific Plan and General Plan.
(3) New information of substantial importance, which was not known at the time of adoption of the EIR and Supplemental EIR which results in the Project:
a. Having one or more significant impacts not discussed in the EIR and Supplemental EIR? There is no evidence that this project would result in any impacts that were not identified within the 1994 WFEIR and the 2007 SEIR.
b. Significant impacts previously examined will be substantial more as a result of this project? No.
This project will not increase impacts above what was identified within the 1994 WFEIR or 2007 SEIR. Future development of this infill parcel was anticipated to occur at some point in the future with development potential identified under the permitted density range for this parcel in the Zoning Ordinance and the Specific Plan.
c. Mitigation measures or alternatives previously found to be infeasible would now be feasible? This project includes the development of a 1.15 acre parcel within the Specific Plan Area that was identified for future development. The West Fairview project is under construction and several homes within the area are occupied.
d. Are there mitigation measures or alternatives, not previously identified, that could reduce impacts on the environment? No. The West Fairview Specific Plan project is a phased project with grading and street improvements largely completed. Residential dwellings are currently under construction or occupied within the subdivision and near this site. There are not additional mitigation measures or a project alternative for this project, which encompasses a small portion of the overall Specific Plan Area, that would reduce the overall project’s impact on the environment.
As discussed above, none of the conditions described in the CEQA Guidelines Section 15162 has occurred. Under such circumstances, Section 15164 permits the lead agency to prepare an addendum to a previously certified EIR if all of the following are met:
(a) The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 call for the preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical chances or additions are necessary or none of the conditions described in Section 15132 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR for adopted negative declaration.
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 5
(d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record.
The explanation must be supported by substanti al evidence.
The City of Hollister has determined that an Addendum is the appropriate CEQA review for the proposed Project.
Prior to making this determination, the City reviewed the 1994 WFEIR, 2007 SEIR, and Specific Plan to determine if any further environmental review was required for the proposed Specific Plan Amendment, Site and Architectural Review, and Conditional Use Permit. The City determined that an Addendum to the EIR for West Fairview was the appropriate method of review to analyze the minor modifications to the Specific Plan as a result of this project.
This Addendum is adopted pursuant to CEQA Guidelines Section 15164 based on the following environmental checklist. The Addendum reviews the proposed Project which includes an amendment to the adopted Specific Plan. Through adoption of this Addendum, the City has determined that the proposed changes do not require a subsequent EIR or Negative Declaration under Section 15162 of the CEQA Guidelines. The City further determines that the West Fairview Specific Plan EIR and Supplemental EIR adequately address the potential environmental impacts of the proposed project.
Pursuant to Section 15164 of the CEQA Guidelines, this Addendum does not need to be circulated for public review. Although not required, the City has included the intent to adopt and Addendum in the public notice and a copy of this Addendum is available for public review on the City’s website and included in the Agenda Packet for both the Planning Commission and City Council. The environmental document will be considered with the prior environmental documents before making a decision on this project.
The attached Initial Study, referenced 1994 WFEIR, 2007 SEIR, the West Fairview Specific Plan, and project files are all available for review at the Planning Division located at 339 Fifth Street, Hollister, CA 95023 and at City Hall as well as on the Planning Division’s webpage.
Project Location and Site Information
The project site is located at 1000 Fairview Road. The location of the Project site is shown on the map below.
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 6
Figure 1: Project Location
The site is located within the West Fairview Specific Plan Area. The Specific Plan identified several ‘areas’ within the plan area (see map below). Within the Specific Plan, Area 9 had previously been developed (Valley View Estates). Parcels B1 and B2 were also included, but it was anticipated that the existing single-family residences would remain and no development would occur. Excluding Area 9, the Specific Plan (as amended in 2007) planned for the eventual construction of 517 single-family residences, 60 garden or cluster homes, and 100 multi-family dwellings (apartment units).
Project Site
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 7
Figure 2 – Specific Plan Area
The project site is 1.15 acres in size. The existing site is currently developed with a single-family residence and related improvements. The site is accessed via a driveway from Fairview Road onto the property. The site is currently in use as a sober living facility, with 12 beds in use (or serving 12 persons).
Frontage improvements are currently underway along Fairview Road and includes road improvements, sidewalks, and landscaping. Improvements within the West Fairview Subdivision are also currently underway. A new internal road system to the north, south, and west of the site has been building (Fuchsia Drive and Marigold Street ). Additionally, the area around the project site has been rough graded in anticipation of the construction of single-family residences. A sidewalk and soundwall has also been constructed around the portion of the project site adjacent to the new residential development.
Proposed Project
The Applicant has submitted applications for an expansion of the existing 12 bed sober living facility located within the existing home on the property.
The Applicant has applied for a Site & Architectural Review to construct two new buildings and site improvements to support the expanded facility. The existing 5,489 square foot house will remain, and no Project Site
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 8
changes are proposed. A new 2,980 square foot administration building will be constructed which will include administrative offices, conference space, and therapy rooms. A new 1,691 square foot building with living space will also be constructed which will provide four additional rooms.
Other improvements include new entrance gate, landscaping, parking, hardscape, pool, and basketball court.
The Applicant has also applied for a Conditional Use Permit to allow the facility to serve up to 22 people. A sober living facility is in current operation on site. With the proposed expansion in the number of rooms available, the total number of people served by this site would increase to 22 . In the Residential, West Fairview Road Zoning District, a Residential Care Home (or sober living facility without medical care) which serves over 7 people requires a Conditional Use Permit to operate. There will also be a maximum of 12 employees to serve the use.
The Project also includes a request for an amendment to the West Fairview Specific Plan. The amendment is to allow the entrance to the property to remain on Fairview Road (existing and proposed location). The Specific Plan currently requires all entrances/exits to the subdivision to be located away from Fairview Road, except the main entrance identified in the Specific Plan.
Additionally, an amendment is required to allow three buildings on the site. The design guidelines within the Specific Plan do not allow for or anticipate a property with more than one building on it as is proposed for this project. While the Specific Plan anticipated a future build-out of residential development on this site, it anticipates that the area would be subdivided and constructed with residential dwellings.
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 9
Initial Study
This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist, and a brief explanation of the environmental topics addressed in the checklist.
1. Project title: Bright Future Recovery
2. Lead agency name and address: City of Hollister
339 Fifth Street
Hollister, CA 95023
3. Contact person and phone number: Erica Fraser, Senior Planner City of Hollister Development Services
(831) 636-4360
4. Project location: 10000 Fairview Road, Hollister, CA 95023
5. Assessors Parcel Number(s): 057-710-004-000
6. Project sponsor's name and address: Cheree Ashley
1000 Fairview Road
Hollister, CA 95023
7. General Plan Designations: Low Density Residential
8. Zoning: Residential, West Fairview Road (RWF)
9. Specific Plan Designation: Single-family Residential
10. Description of project:
The Project includes a request for approval of a Specific Plan Amendment, Site and Architectural Review, and a Conditional Use Permit. Additional information regarding the project can be found on pages 7-8 of this Addendum.
11. Surrounding land uses and setting:
The subject property is located at 1000 Fairview Road (Accessors Parcel Number 051-710-004) within an established, developed portion of the City. The proposed project is surrounded by residential uses (both under construction and occupied) and is an infill development. Additional information regarding the site and surrounding area can be found on pages 5-7 of this Addendum.
CEQA Addendum for Bright Future Recovery February 2024 City of Hollister Page 10
12. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.)
Specific Plan Amendment (City of Hollister)
Site and Architectural Review (City of Hollister)
Conditional Use Permit (City of Hollister)
Grading and Building Permits (City of Hollister)
Sewer and Water Connections (Sunnyslope Water District and City of Hollister)
13. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
No.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture/Forestry
Resources Air Quality
Biological Resources
Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology/Water Quality
Land Use/Planning Mineral Resources
Noise
Population/Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
Initial Study for Bright Recovery March 2025 City of Hollister Page 11
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
____ I find that although the proposed project COULD NOT have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
_____ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
_____ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been address ed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
__X ___ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
_________________________________________________
Signature Date
_________________________________________________
Printed name Title
Initial Study for Bright Recovery March 2025 City of Hollister Page 12
Evaluation of Environmental Impacts
The source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. A full discussion of each item is found following the checklist.
Sources used to determine potential environmental impacts:
1. Location of project
2. Staff review
3. Field review
4. Hollister 2005-2025 General Plan
5. West Fairview Specific Plan
6. West Fairview Specific Plan Environmental Impact Report (SCH #1990031027)
7. West Fairview Specific Plan Supplemental Environmental Impact Report (SCH # 2005111094)
8. Hollister Municipal Code
9. Hollister Zoning Ordinance
10. Google Images
11. Project Files (S&A 2022-13 and CUP 2023-5)
12. Farmland Mapping and Monitoring Program (California Resources Agency)
13. Seismic Hazards Zone map (California Geologic Society)
14. California Department of Toxic Substances Control Hazardous Waste and Substances Site List (Cortese List)
15. County of San Benito GIS Maps and Information
16. Kimley-Horn Focused Circulation Analysis (July 12, 2023)
17. Keith Higgens, Bright Future Recovery Center Traffic Discussion (April 20, 2023)
Initial Study for Bright Recovery March 2025 City of Hollister Page 13
Discussion of Checklist
The following information is provided for the environmental checklist.
I. Aesthetics
The Project site is located within the West Fairview Specific Plan Area and construction of single-family dwellings in the Specific Plan Area and in the area immediately surrounding the project site is currently underway. There is no consistent or required architectural design within the Specific Plan Area. The existing site is developed with a single-family residence and related improvements. The existing house is not historical and does not have a unique design or other features.
The 1994 WFEIR identified one impact related to aesthetics and included Mitigation Measure (MM) 43 which required deed restrictions for lots adjacent to the (then) existing orchard. This lot is not located near the former orchard and therefore the MM is not applicable. No impacts related to Aesthetics were identified in the SEIR.
Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Have a substantial adverse effect
on a scenic vista? 1,3,4,5,6
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
1,3,4,5,6
c) Would the project conflict with
applicable zoning and other
regulations governing scenic
quality?
1,3,4,5,6
d) Create a new source of substantial
light or glare which would
adversely affect day or nighttime
views in the area?
1,3,4,5,6,9
Initial Study for Bright Recovery March 2025 City of Hollister Page 14
Discussion
a-c) Have a substantial adverse impact on a scenic vista, scenic resources or state scene highway? Conflict with applicable zoning or other regulations governing scenic quality?
No Impact. The proposed project is not located within a scenic vista or a state scene highway. The site is developed with an existing single-family residence. No scenic resources exist on the site.
d) Create light or glare?
Less Than Significant. The existing site is currently developed with a single-family residence and the residence is currently being used as a sober living facility. Construction of the project will increase lighting on the site from new structures and improvements including potential lighting associated with the basketball and pool areas, which are located adjacent to future single-family residences. Design and location of all light fixtures is required to conform to the requirements of Hollister Municipal Code (HMC) Section
17.16.090, Lighting (Outdoors) and the West Fairview Road Specific Plan which require light fixtures to be aimed away from adjacent properties to reduce glare on adjacent properties.
Conclusion
No impacts or mitigation measures related lighting were identified in the 1994 WFEIR or the S EIR. Only one mitigation measure was included related to aesthetics in the 1994 WFEIR which is not relevant to this project.
The project is required to conform to the requirements of the Specific Plan and the Municipal Code and therefore impacts related to aesthetics are less than significant.
II. Agriculture and Forestry Resources
The existing site is developed with an existing house, landscaping, and driveway. No agricultural uses have been conducted on the site in the recent past.
Initial Study for Bright Recovery March 2025 City of Hollister Page 15
Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance
(Farmland), as shown on the
maps prepared pursuant to the
Farmland Mapping and
Monitoring Program of the
California Resources Agency, to
non-agricultural use?
1,3,5,6
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
1,3,5,6
c) Conflict with existing zoning for,
or cause rezoning of, forest land
(as defined in Public Resources
Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland
Production (as defined by
Government Code section
51104(g))?
1,3,5,6
d) Result in a loss of forest land or
conversion of forest land to non-
forest use?
1,3,5,6
e) Involve other changes in the
existing environment which,
due to their location or nature,
could result in conversion of
Farmland, to non-agricultural
use or conversion of forest land
to non-forest use?
1,3,5,6
Initial Study for Bright Recovery March 2025 City of Hollister Page 16
Project Impacts
a-e) Convert Prime Farmland, conflict with agricultural zoning or involve other changes which could result in conversion of farmland to a non-agricultural use? Convert land designated as timberland or forest land or result in the conversion of forest land to a non-forest use?
No Impact. The area has not been used for agricultural purposes for many years, and no Williamson Act Land Conservation Agreement exists on the project site. The site has never been used for timberland or forest land. Additionally, the site is not located on Prime Farmland, Unique Farmland or Farmland of Statewide Importance as identified by the Farmland Mapping and Monitoring Program of the California Resources Agency. The site is zoned Residential, West Fairview Road and forest land and timberland uses are not included as an allowable use in this zoning classification.
Conclusion
The site is currently developed and development of the site with additional residential dwellings was anticipated in the Specific Plan. No impacts or mitigation measures related to aesthetics or lighting were identified in the 1994 WFEIR or the SEIR. The project is required to conform to the requirements of the Specific Plan and the Municipal Code and therefore impacts related to aesthetics are less than significant.
III. Air Quality
The City of Hollister is located in the North Central Coast Air Basin.
The 1994 WFEIR included Mitigation Measure (MM) 21 requires a dust suppression plan to reduce particulate emissions during grading and construction. MM 22 required a plan for areawide reduction in trips to offset air quality impacts associated with transportation. MM 23 prohibits wood burning devices.
The impacts studied in the 1994 WFEIR were superseded by the SIER.
The SEIR includes MM 6-1 which requires the applicant to implement the specified dust control measures within the MM. MM 6-2 includes requirements for excavation equipment which exceeds 100 brake horse - power. Implementation of these mitigation measures reduced cumulative impacts for the West Fairview Subdivision to a less than significant level.
Initial Study for Bright Recovery March 2025 City of Hollister Page 17
Environmental Checklist and Discussion of Impacts
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Conflict with or obstruct
implementation of the
applicable air quality plan?
1,4,5
b) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
region is in non-attainment
under an applicable federal or
state ambient air quality
standard?
1,4,6,7
c) Expose sensitive receptors to
substantial pollutant
concentrations?
1,4,6,7
e) Result in other emissions (such
as those leading to odors)
adversely affecting a substantial
number of people?
1,4,6,7
Project Impacts
a-e) Would the project conflict or obstruct implementation of an air quality plan, violate any air quality standards , result in cumulative air pollutants, expose sensitive receptors or result in emissions?
Less Than Significant. Impacts related to air quality were studied in the 1994 WFEIR and the 2007 SEIR. As noted in the SEIR, mitigation measures identified in the 1994 WFEIR were superseded by the mitigation measures in the SEIR. Construction of the proposed project will result in air quality impacts related to grading and construction as identified in the 2007 SEIR. The proposed project will be required to comply with Mitigation Measures 6-1 and 6-2 in the SEIR which will reduce impacts related to air quality to less than significant.
Conclusion:
Adherence to Mitigation Measures 6-1 and 6-2 in the 2007 SEIR will reduce impacts related to grading and construction to less than significant.
Initial Study for Bright Recovery March 2025 City of Hollister Page 18
IV. Biological Resources
The project site is developed with a house and related improvements. Biological resources were reviewed in the 1994 WFEIR and again as part of the 2007 SEIR. The findings and mitigation measures included in the SEIR supersede those in the 1994 WFEIR. Because the site is currently developed, most of the mitigation measures included in the 1994 WFEIR are not applicable to this project, however a few are.
Because the site will be graded and disturbed to construct the buildings, there is the potential that burrowing owls could be impacted by the project. Compliance with Mitigation Measure 8-8 which requires surveys for any project that will occur during nesting season is required and applies to this project to reduce these impacts to a less than significant level.
Mitigation Measure 8-10 requires a survey of the site prior to construction activities which occur during the migratory bird season (February 1 through August 15) to ensure impacts related to migratory birds are reduced to a less tha n significant level.
Mitigation Measure 8-13 prohibits the Applicant from planting invasive species. Compliance with this mitigation measure was reviewed during the development plan review process (preliminary landscape plans were submitted with the Site and Architectural Review) and will be checked again during Final Landscape Review as part of the City’s Water Efficient Landscape Ordinance application.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Have a substantial adverse
effect, either directly or through
habitat modifications, on any
species identified as a candidate,
sensitive, or special status
species in local or regional plans,
policies, or regulations, or by the
California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
1,3,6,7
Initial Study for Bright Recovery March 2025 City of Hollister Page 19
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional
plans, policies, regulations, or by
the California Department of Fish
and Game or U.S. Fish and
Wildlife Service?
1,2,3,6,7
c) Have a substantial adverse effect
on federally protected wetlands
(including, but not limited to,
marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or
other means?
1,2,3,6,7
d) Interfere substantially with the
movement of any native resident
or migratory fish or wildlife
species or with established
native resident or migratory
wildlife corridors, impede the use
of native wildlife nursery sites?
1,3,6,7
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or
ordinance?
1,3,6,7,8
f) Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
1,3,5,6,7
Initial Study for Bright Recovery March 2025 City of Hollister Page 20
Project Impacts
a-d) Would the Project have a substantial adverse impact on a candidate, sensitive or special status species? Riparian habitat or federally protected wetlands? Interfere with movement of native fish or wildlife species? Conflict with any adopted Habitat Conservation Plans or Natural Community Conservation Plans?
Less than Significant. As discussed above, the existing site is developed and is currently used as a sober living facility on a continual basis. No waterways or wetlands are located on the site. Surveys of the entire specific plan area were conducted in 1993, 2005 and 2006 as part of the 1994 WFEIR and 2007 SEIR and prior to construction of the specific plan area. Compliance with Mitigation Measures 8-8, 8-10, and 8-13 in the 2007 SEIR will ensure that the proposed project will result in less than significant impacts to biological resources.
Conclusion
Compliance with Mitigation Measures 8-8, 8-10, and 8-13 will ensure that impacts related to biological resources will be reduced to a less than significant impact.
V. Cultural Resources
The project site is located within the West Fairview Specific Plan Area. The project site is currently developed with a single-family residence and related improvements and the surrounding area. The Specific Plan Area was surveyed for cultural resources as part of the 1994 WFEIR. It was noted in the 1994 WFEIR that there could be possible prehistoric resources in the plan area.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Cause a substantial adverse change
in the significance of an historical
resource as defined in §15064.5?
1,2,3,6,7
b) Cause a substantial adverse change
in the significance of an
archaeological resource as defined
in §15064.5?
1,2,3,6,7
c) Directly or indirectly destroy a
unique paleontological resource or
site, or unique geologic feature?
1,2,3,6,7
Initial Study for Bright Recovery March 2025 City of Hollister Page 21
d) Disturb any human remains,
including those interred outside of
dedicated cemeteries?
1,2,3,6,7
Project Impacts
a-d) Would the Project cause substantial adverse changes to significant historic, archeological or paleontological resources or human remains?
Less Than Significant with Mitigation. Site disturbance occurred during construction of the house and during site improvements associated with Fairview Road improvements and the new internal roads . Surveys of the surrounding area were conducted as part of the 1994 WFEIR and the EIR noted that only one prehistoric artifact was discovered. Because there is the potential that archeological, paleontological or human remains could be found during grading, the Specific Plan included measures to protect any resour ces .
Conclusion
As required by the Specific Plan and in Section 17.16.030 of the Zoning Ordinance, if any archeological, paleontological or human remains are found during construction, work shall be halted , the Planning Division shall be notified, and a qualified archeologist shall be consulted. Compliance with these requirements will reduce impacts related to cultural resources to a less than significant level.
VI. ENERGY
Energy use will increase related to the new buildings and increase in occupants of the site.
The 2016 Building Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations, Title 24, Part 6 requires the design of building shells and building components to conserve energy. The Standards are frequently updated to incorporate new efficiency methods. These standards require better windows, insulation. Lighting, ventilation systems and other features that reduce energy consumption in homes and businesses.
The 1994 WFEIR and the 2007 SEIR did not identify any impacts related to energy.
Initial Study for Bright Recovery March 2025 City of Hollister Page 22
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Result in potentially significant
environmental impacts due to wasteful,
inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
2,8
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
2,4,5,6
a-b) Would the project result in wasteful consumption of energy or conflict with a state or local plan for energy efficiency?
No Impact. The project site is currently developed with a single-family residence and is in use as sober living facility. The proposed project would increase the usage of the site by allowing an increase in people using the facility as well as allowing two more buildings on site. The increase, however, is consistent with what would be allowed on-site if residential dwellings were constructed as permitted by the Specific Plan density.
Construction of any buildings on the site will be required to conform to all requirements of the Uniform Building Code, California Code of Regulations, Title 24, Hollister General Plan and the Hollister Municipal Code which requires measures to be incorporated to reduce energy demands.
Conclusion
Overall, no impacts related to energy use are anticipated because the infill project is located on a larger parcel that could have accommodated up to six (6) residential dwellings and the proposed three (3) buildings to serve 22 residents is less than what could have been developed on the site under the Specific Plan and General Plan.
Initial Study for Bright Recovery March 2025 City of Hollister Page 23
VI. Geology and Soils
The Project area is part of a seismically active region. The nearest active fault is the Calaveras Fault which is located approximately 2.5 miles to the west. The 1994 WFEIR identified impacts related to soils and geology and included Mitigation Measure GS-2 to reduce these impacts to a less than significant level.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Expose people or structures to
potential substantial adverse
effects, including the risk of loss,
injury, or death involving:
i) Rupture of a known
earthquake fault, as
described on the most recent
Alquist-Priolo Earthquake
Fault Zoning Map issued by
the State Geologist for the
area or based on other
substantial evidence of a
known fault? (Refer to
Division of Mines and
Geology S pecial Publication
42.)
1,3,5,6,7
ii) Strong seismic ground
shaking?
1,3,5,6,7
iii) Seismic-related ground
failure, including
liquefaction?
1,3,5,6,7
iv) Landslides? 1,3,5,6,7
b) Result in substantial soil erosion
or the loss of topsoil?
1,3,5,6,7
c) Be located on a geologic unit or
soil that is unstable, or that
would become unstable as a
result of the project, and
potentially result in on- or off-
site landslide, lateral spreading,
1,3,5,6,7
Initial Study for Bright Recovery March 2025 City of Hollister Page 24
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?
1,5,6,7
e) Have soils incapable of
adequately supporting the use of
septic tanks or alternative waste
water disposal systems where
sewers are not available for the
disposal of waste water?
1,6,7,11
f) Directly or indirectly destroy a
unique paleontological resource
or site or unique geologic
feature?
1,2,6,7
Project Impacts
a) Would the Project expose people or structures to substantial adverse effects including fault rupture, strong seismic ground shaking, liquefaction or landslides?
Less Than Significant. As discussed above, the Project site is located within a seismically active region.
Therefore, the potential exists that there could be some impacts associated with earthquakes. Based on information contained in the 1994 WF EIR , no active faults are located on or adjacent to the site. Compliance with Mitigation Measure 2, which includes requirements for a soil analysis prior to construction .
b) Would the Project result in substantial soil erosion or the loss of topsoil?
No Impact. The Project site is flat and currently developed with a single-family residence and related improvements. Additionally, the City of Hollister requires review and approval of an erosion control plan to reduce potential impacts related to grading and construction of any building(s). Construction of the project will be required to comply with all submittal requirements of the City prior to issuance of Building or Grading Permits.
Initial Study for Bright Recovery March 2025 City of Hollister Page 25
c) Would the Project be located on soil that is unstable or would become unstable as a result of the Project?
Less Than Significant. Please refer to the discussion under section a above.
d) Is the Project located on expansive soil?
No Impact. Soil samples were taken and a geotechnical evaluation was performed as part of the 1994 WFEIR .
No expansive soils were found and no mitigation measures were included.
e) Does the Project site have soils incapable of supporting on-site septic tanks?
No Impact. The proposed buildings on site will be required to connect to the City’s sanitary sewer system.
f) Destroy a unique paleontological resource or unique feature?
No Impact. The project site is relatively flat and there are no unique resources located on or around the site.
Conclusion
Overall, no impacts related to geology and soils are expected to occur as a result of this Project with the incorporation of Mitigation Measure 1 from the 1994 WFEIR.
VIII. Greenhouse Gas Emissions
Unlike emissions of criteria and toxic air pollutants, which have local or regional impacts, emissions of greenhouse gases (GHGs) have a broader, global impact. Global warming is a process whereby GHGs accumulating in the atmosphere contribute to an increase in the temperature of the earth’s atmosphere.
The principal GHGs contributing to global warming are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), and fluorinated compounds. Emissions of GHGs contributing to global climate change are attributable in large part to human activities associated with the transportation, industrial/manufacturing, utility, residential, commercial, and agricultural sectors.
Initial Study for Bright Recovery March 2025 City of Hollister Page 26
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Generate greenhouse gas
emissions, either directly or
indirectly, that may have a
significant impact on the
environment?
4,5
b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions
of greenhouse gases?
4,5
a) Would the Project generate greenhouse gas emissions that may have a significant impact on the environment?
Less Than Significant. The proposed project allows for the intensification of a site which will be surrounded by single-family dwellings at build out of the specific plan. This site represents a small portion of the entire specific plan area. Additionally, the allowed density of the site could have resulted in the potential construction of six (6) single-family dwellings and the proposed project is less dense than what is allowed for this 1.05-acre site in the West Fairview Specific Plan, General Plan, and Zoning Ordinance
b) Would the Project conflict with an applicable plan or policy adopted for the purpose of reducing the emission of greenhouse gases?
No Impact. The proposed Project will not conflict with any plans or policies related to Greenhouses Gases.
Construction of the site will be required to comply with any applicable GHG laws, plans, policies, or regulations adopted by the California legislature, the CARB, or MBARD in effect at that time.
Conclusion
Overall, the project represents an infill project in that the site is developed and is surrounded by the West Fairview subdivision. No impacts related to greenhouse gases are anticipated as a result of this project.
Initial Study for Bright Recovery March 2025 City of Hollister Page 27
IX . Hazards and Hazardous Materials
The project site is currently developed with a residential dwelling. Pursuant to Government Code Section 65962.5, the site is not located on a hazardous waste and substance site. The 1994 WFEIR identified several mitigation measures to reduce potential impacts related to hazards and hazardous materials to a less than significant level. Only Mitigation Measures 3 and 4 apply to this project. These measures are related to construction of the project and compliance with these requirements will reduce impacts to a less than significant level.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Create a significant hazard to the
public or the environment
through the routine transport,
use, or disposal of hazardous
materials?
1,11
b) Create a significant hazard to the
public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of
hazardous materials into the
environment?
1,11
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials,
substances, or waste within
one-quarter mile of an existing
or proposed school?
1,11
d) Be located on a site which is
included on a list of hazardous
materials sites compiled
pursuant to Government Code
Section 65962.5 and, as a
result, would it create a
significant hazard to the public
or the environment?
1,14,15
Initial Study for Bright Recovery March 2025 City of Hollister Page 28
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
e) For a project located within an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
airport, would the project
result in a safety hazard or
excessive noise for people
residing or working in the
project area?
1,4,11
f) Impair implementation of, or
physically interfere with, an
adopted emergency response
plan or emergency evacuation
plan?
1,4,11
g) Expose people or structures to
a significant risk of loss, injury
or death involving wildland
fires?
1,4,11
Project Impacts
a-c) Would the Project create a significant hazard to the public through the transport, use, disposal or emission of hazardous materials?
No Impact. The proposed project includes the construction of two additional structures and related site improvements to increase the number of people that can be served by the facility. The proposed Specific Plan Amendment and Conditional Use Permit only allows for the site to be used for a community care facility (sober living facility) and therefore no hazardous materials will be used or transported.
d) Would the Project be located on a site which is included on a list of hazardous materials sites?
No Impact. The Project is not located on or near any sites which are listed on the California Department of Toxic Control’s Hazardous Waste and Substances Site List (Cortese List) or by the San Francisco Regional Water Quality Control District.
Initial Study for Bright Recovery March 2025 City of Hollister Page 29
e) If the site is located within an airport land use plan or within the vicinity of a private airstrip, would the Project result in a safety hazard for people working or residing in the area?
No Impact. The project site is not located within the Airport Influence Area of the Hollister Municipal Airport.
f) Would the proposed Project impair the implantation of the adopted emergency response plan or emergency evacuation plan?
No Impact. The proposed project would not impair an emergency response plan.
g) Would the proposed project expose people or structures to a significant risk of loss, injury or death involving wildland fires?
No Impact. The Project site is located in an urban area which is currently served by existing fire stations.
Conclusion
Compliance with Mitigation Measure 3 which requires the developer to remove any buried metal, PVC, or concrete pipes and 4 which requires contractors to be alert for any odors during construction and to report those odors to the City Engineer will reduce project impacts to a less than significant level.
X. Hydrology and Water Quality
The project site is flat and is surrounded by an area developed with streets, sidewalks, curbs and gutters.
During storm events, stormwater from the site will be directed to existing storm drains in the street.
Federal Emergency Management Agency
According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) for the project area, the site is located within Zone X (or outside of a special flood hazard area), which is defined by FEMA as “Areas of 0.2 percent annual chance flood; areas of one percent annual chance flood with average depths of less than one-foot or with drainage areas less than one square mile; and areas protected by levees from one percent annual chance flood.”
Water Quality
A potential impact to water quality is from non-point sources of water pollution. Non-point source (NPS) pollution, unlike pollution from industrial and sewage treatment plants, comes from many diffuse sources.
NPS pollution is caused by rainfall moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, creeks, wetlands, coastal waters, and underground sources of drinking water. These pollutants include, but are not limited to fertilizers, herbicides, insecticides, oil, sediment from construction sites, eroding creek banks and pet waste.
Initial Study for Bright Recovery March 2025 City of Hollister Page 30
Water quality in California is regulated by the United States Environmental Protection Agency’s (EPA) National Pollution Discharge Elimination System (NPDES) which controls the discharge of pollutants to water bodies from point and non -point surfaces. In Hollister, this program is administered by the San Central Coast Basin Regional Water Quality Control Board (RWQCB). The Water Quality Control Plan enforces waste discharge requirements and the NPDES permits. Future development of the site will be required to comply with the provisions of the NPDES permit by ensuring that applicable projects reduce water quality impacts to storm water runoff both during construction and the operation period of the project.
The 2007 SEIR identified impacts related to the use of water softeners and included Mitigation Measure 4- 3 which requires water softeners to be regenerated off -site. The project will comply with this measure.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Violate any water quality
standards or waste discharge
requirements?
3,4,6,7,11
b) Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such that
the project may impede
sustainable groundwater
management of the basin?
3,4,6,7,11
c) Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river or through the
addition of impervious surfaces,
in a manner which would:
3,4,6,7,11
i) Result in a substantial
erosion or situation on-or
off-site;
3,4,6,7,11
ii) Substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding on-
or offsite;
3,4,6,7,11
Initial Study for Bright Recovery March 2025 City of Hollister Page 31
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
iii) Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or
3,4,6,7,11
iv) Impede or redirect floor
flows?
3,4,6,7,11
d) In flood hazard, tsunami, or
seiche zones, risk release of
pollutants due to project
inundation?
3,4,6,7,11
e) Conflict with or obstruct
implementation of a water
quality control plan or
sustainable groundwater plan?
3,4,6,7,11
Project Impacts
a-b) Would the Project violate any water quality standards or waste discharge requirements? Decrease groundwater supplies?
Less Than Significant. The proposed project involves the intensification of a site. The site is currently served by the Sunnysl ope County Water District. The 2007 SEIR identified potential impacts related to disposal of treated wastewater with regards to water softeners. Implementation of Mitigation Measure 4-3 in the SEIR, which only allows water softeners to be installed that can be regenerated offsite, will reduce those impacts to a less than significant level.
c-e) Would the Project substantially alter drainage patterns or result in flooding on or off the project site or conflict with a water quality control plan or management plan?
No Impact. Future development of the site will be located on a parcel that was previously graded and developed with a single-family residence. The areas surrounding the site are under construction and new
Initial Study for Bright Recovery March 2025 City of Hollister Page 32
roadways and other improvements have been made in the surrounding area. Therefore, no changes in the existing drainage patterns are anticipated to occur with development in the future.
e) Would the Project create stormwater runoff that would exceed the capacity of drainage systems or add substantial amounts of polluted runoff?
No Impact. Future development of the site will be required to comply with all City of Hollister regulations and the City reviews all development plans to ensure that any development will not create impacts related to stormwater.
Conclusion
Overall, no additional impacts related to water quality are expected to occur as a result of this Project.
XI. Land Use and Planning
The site is included in the West Fairview Specific Plan. The West Fairview Specific Plan allows for single- family residences, cluster homes, and apartments. The project site was included in the Specific Plan and noted that construction of additional dwellings could occur on the site. It was assumed that development of the site would be incorporated with the Award Homes West Fairview Subdivision, however, at the time the subdivision was proposed, the property was under separate ownership.
Future development, however was anticipated and the General Plan land use designation of Residential, West Fairview allows a maximum density of 5.4 dwelling units per acre. Based on the allowed density, this infill site could have up to six (6) residential dwellings.
The 1994 WFEIR identified potential impacts related to land use compatibility and the adjacent nut farm (no longer operational) to parcels identified as A2 and A3. The project site is not located on either of those parcels and therefore the impact and mitigation measure is not applicable to the project.
The 2007 SEIR identifies impacts related to compliance with the provisions of the Specific Plan. Mitigation Measure 9-2 is applicable to this project and requires a Site and Architectural Review to ensure compliance with design requirements of the Specific Plan, which the Applicant has applied for.
Initial Study for Bright Recovery March 2025 City of Hollister Page 33
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Physically divide an established
community?
1,3,4,6,7
b) Cause a significant environmental
impact d ue to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or
mitigating an environmental effect?
1,3,11,16,
17 Project Impacts
a) Would the proposed Project physically divide an established community?
No Impact. The project site is located within the West Fairview Specific Plan Area which anticipates the eventual development of the Plan Area with residential dwellings. The existing site is currently developed and the proposed project would intensify the use of the parcel. The site is currently blocked off from the internal roadways/subdivision by sidewalks and a soundwall. Development of this site does not propose to modify the layout of or connection to the West Fairview Subdivision.
b) Would the Project conflict with any applicable land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect ?
Less Than Significant. The proposed project includes a Specific Plan Amendment to allow the existing driveway to remain on Fairview Road and to allow the construction of two (2) additional buildings.
The Specific Plan prohibits access from any of the parcels onto Fairview Road. Figure 4.4 in the Specific Plan limits access from Fairview Road to specific locations. The Specific Plan aimed to limit the number of entrances/exits on Fairview Road for safety. At the time the Specific Plan was prepared, development of this site was anticipated to be included within the Award Homes West Fairview Subdivision. However, due to the fact that the property was owned by a different property owner and was already developed with a single- family residence, this property was not included and remained as is (site currently exits onto Fairview Road).
As part of the application submittals for this project, the Applicant submitted a Specific Plan Amendment to amend the Specific Plan to allow the entrance/exit to the site to remain on Fairview Road. Because the 1994 WFEIR studied the proposed Specific Plan which limited access onto Fairview Road, Staff determined that further study of the request, including allowing the driveway to remain in its current location and intensity the existing use of the site, was warranted.
Initial Study for Bright Recovery March 2025 City of Hollister Page 34
A Focused Traffic Analysis was prepared by Kimley-Horn, dated July 12, 2023 and included as Appendix A , to study the proposed layout and design of the site and driveway with respect to traffic impacts and safety.
This Traffic Analysis determined that the driveway could remain in the existing location with specific design measures. The project plans and the driveway have been designed to meet the recommendations of the Traffic Circulation Study and the Engineering Division has determined that the design of the project meets all recommendations.
Approval of the Specific Plan Amendment will ensure that the project is consistent with the adopted plan.
Conclusion
Overall, no impacts to land use and planning are expected to occur as a result of this Project.
XII. Mineral Resources
The Project site contains no known mineral resources. Both the 1994 WF EIR and the 2007 SEIR note that there are no known mineral resources in the Specific Plan Area and therefore no impacts or mitigation were identified.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
1,4,5
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
1,4,5
Initial Study for Bright Recovery March 2025 City of Hollister Page 35
Project Impacts
a, b) Would the project result in the loss of availability of significant mineral resources?
No Impact. The Project site is not located in an area of aggregate resources. No mineral resources were found on the site during preparation of the 1994 WFEIR and related Specific Plan.
Conclusion
Overall, no impacts to mineral resources are expected to occur as a result of this Project.
XIII. Noise
Impacts related to noise were studied in the 1994 WF EIR and no impacts or mitigation measures were identified. The 2007 SEIR included a new noise assessment to review the impacts related to the increase in overall density of the 2007 Specific Plan Amendment and to update the then outdated noise study included in the 1994 WFEIR.
The 2007 SEIR identified potential noise impacts related to construction of the project and included Mitigation Measure 10-1 which requires noise control measures during construction. Noise impacts to residential dwellings from traffic on Fairview Road was also identified. Mitigation Measure 10-2 and 10-4 was included to mitigate those impacts and requires sound attenuation for the second floor of residential dwellings which is not applicable to this project because the existing and proposed buildings are only on e- story.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
a) Generation of a substantial
temporary permanent increase
in ambient noise levels in the
vicinity of the project in excess of
standards established in the local
general plan or noise ordinance,
or applicable standards of other
agencies?
1,4,5,11
b) Generation of, excessive
groundborne vibration or
groundborne noise levels?
1,4,5,11
Initial Study for Bright Recovery March 2025 City of Hollister Page 36
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where
such a plan has not been
adopted, within two miles of a
public airport or public use
airport, would the project expose
people residing or working in the
project area to excessive noise
levels?
1,4,5,11
Project Impacts
a) Would the result in a temporary or permanent increase in noise levels in excess of standards established by the General Plan or other applicable standard?
Less Than Significant. Future construction of the project will be required to comply with the Goals and Policies of the General Plan related to noise and Mitigation Measure 10-1 in the 2007 SEIR.
b) Would the project result in excessive groundborne vibration or groundborne noise levels?
No Impact. No impacts are anticipated for groundborne vibration or noise, since no source of vibration currently exists or will exist within or adjacent to the Project, such as railroads.
c) Would the project expose persons residing or working in the area to excessive noise resulting from an airport or private airstrip?
No Impact. The Project site is located approximately 4 miles from the Hollister Airport and noise is limited to occasional overhead flights. Therefore, no impacts related to noise from an airport are expected to occur.
Conclusion
No impacts related to noise are expected to occur with implementation of Mitigation Measure 10-1 which requires noise control measures during construction.
Initial Study for Bright Recovery March 2025 City of Hollister Page 37
XIV. Population and Housing
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
a) Induce substantial unplanned
population growth in an area,
either directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through the extension
of roads or other infrastructure)?
1,4,11
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
1,4,11
Project Impacts
a) Would the Project induce substantial population growth in an area, either directly or indirectly?
No Impact. Future intensification of this site was anticipated in the West Fairview Specific Plan and allowed under the General Plan . Although six (6) dwellings could be constructed under the density allowed within the General Plan and Specific Plan, the applicant is proposing to construct two (2) additional buildings to support the existing sober living facility to serve up to 22 people.
b) Would the project displace substantial numbers of existing housing units or people?
No Impact. The existing single-family dwelling will remain on-site and will continue to be used for a sober living facility.
Conclusion
Overall, no impacts with respect to population and housing are expected to occur as a result of this project.
Initial Study for Bright Recovery March 2025 City of Hollister Page 38
XV. Public Services.
Fire Protection
The Hollister Fire Department provides fire protection services including fire suppression, fire prevention, education, inspection services and hazardous material control within the City Limits . The 1994 WFEIR identified impacts related to the provision of fire protection services to the project area. Mitigation Measure 24 was included which requires each property in the Specific Plan Area to participate in the Mello Roos District developed to off-set costs. The proposed project will be required to comply with this mitigation and will need to annex into Community Facilities Districts (CFD) 4 and 5 prior to Occupancy. Additionally, Mitigation Measures 25-27 were included in the 1994 WFEIR regarding project design. The Fire Marshall has reviewed the project plans to ensure compliance with these measures and compliance will again be reviewed during building permits. The project applicant for the West Fairview project, Award Homes, also entered into a Development Agreement with the City which required the payment of additional monies to offset costs related to fire protection for the Area.
Police Protection
The Hollister Police Department provides 24-hour security patrols throughout the community in addition to crime prevention, crime suppression and traffic safety. The 1994 WFEIR identified impacts related to the provision of police services to the project area. Mitigation Measure 24 was included which requires each property in the Specific Plan Area to participate in the Mello Roos District developed to off-set costs. The proposed project will be required to comply with this mitigation and will need to annex into Community Facilities Districts (CFD) 4 and 5 prior to Occupancy. Mitigation Measure 7-1 in the 2007 SEIR further requires annexation into the CFD to offset costs related to serving the Specific Plan Area.
Schools
The Hollister School District provides educational services for elementary and middle school aged children in the City. The San Benito High School District provides education services for high school aged children in the City. While the proposed project is not anticipated to increase the demand for school services, the applicant will be required to pay all applicable school impact fees in accordance with the City’s standard project conditions of approval and Mitigation Measure 30 in the 1994 WF EIR.
Maintenance
Maintenance of public streets, roads and other governmental facilities are the responsibility of the Hollister Public Works Department.
Solid Waste Services
The City’s service provider, Recology, is responsible for the hauling and disposal of solid waste in the City.
Initial Study for Bright Recovery March 2025 City of Hollister Page 39
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
a) Result in substantial adverse
physical impacts associated with
the provision of new or physically
altered governmental facilities,
need for new or physically
altered governmental facilities,
the construction of which could
cause significant environmental
impacts, in order to maintain
acceptable service ratios,
response times, or other
performance objectives for any
of the public services:
Fire Protection? 1,4,5,6,7
Police Protection? 1,4,5,6,7
Schools? 1,4,5,6,7
Parks? 1,4,5,6,7
Other public facilities? 1,4,5,6,7
Project Impacts
Increase the demand for fire or police protection?
Less Than Significant. Future development of the site may result in an increase in the need for police or fire protection above what currently exists on the site. The site layout and design has been reviewed by the Fire Prevention Bureau to ensure adequate access to the site for fire protection services. Additionally, the new buildings will need to have fire sprinklers for additional protection. As discussed above, the project will need to be annexed into Community Facilities Districts 4 and 5 to offset costs related to fire and police services.
Initial Study for Bright Recovery March 2025 City of Hollister Page 40
Result in impacts to schools, parks or other services?
Less Than Significant. The Project will be required to pay School Impact Fee s . Demand generated for schools, parks and other services by the adult sober living facility is expected to be minimal. It is noted, however, that both the 1994 WFEIR and the 2007 SEIR identified impacts to schools as a significant and unavoidable impact and the City Council adopted a Statement of Overriding Considerations related to this impact.
The allowed density within the Specific Plan could have allowed for the construction of up to six (6) residential dwellings. The proposed project is for an adult sober living facility and will not include school age children.
Conclusion
Overall, no additional impacts with respect to public services are expected to occur as a result of this Project.
XVI. Recreation
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
a) Would the project increase the
use of existing neighborhood and
regional parks or other
recreational facilities such that
the substantial physical
deterioration of the facility
would occur or be accelerated?
1,5
b) Does the project include
recreational facilities or require
the construction or expansion of
recreational facilities which
might have an adverse physical
effect on the environment?
1,5
Initial Study for Bright Recovery March 2025 City of Hollister Page 41
Project Impacts
a, b) Would the project increase the use of existing neighborhood or regional parks or require the construction of new recreational facilities?
No Impact. Development on this site will be infill development within an approved Specific Plan Area which planned for parks as part of the Specific Plan. As a result, there will be no impact on neighborhood or area parks.
Conclusion
Overall, no additional impacts to recreation are expected to occur as a result of this Project.
XVII. Transportation/Traffic
The project site was included within the West Fairview Specific Plan and assumed that development of the site would occur at some point. The inclusion of the property within the Specific Plan was intended to ensure any development of the site be consistent with the policies and goals of the Specific Plan.
Although development of this site was anticipated in the Specific Plan and the site could have qualified for an exemption under Class 32, Infill Development, of CEQA, this Addendum was required to review the change in design of the access for the site from an internal roadway system to Fairview Road (where it currently exists) as was planned for in the Specific Plan and discussed in the 1994 WFEIR.
Figure 4.4 of the Specific Plan as well as text within the document notes that all existing access points (or driveways) on Fairview Road were to be relocated to internal roads. This site was anticipated to be included within the Award Homes West Fairview Subdivision in the Specific Plan, however the property was not included in the subdivision and remained under separate ownership.
Improvement Plans were approved for the area surrounding the project site which allowed the access to 1000 Fairview Road to remain in its existing location. C onstruction of frontage improvements on Fairview Road and a new soundwall and internal roads were constructed surrounding the site limiting access onto the internal specific plan roadway system. As part of the project design and application for this project, the applicant included a request for a Specific Plan Amendment to allow the access to remain in its existing location .
The traffic study performed with the 1994 WFEIR was updated in the 2007 SEIR. The SEIR evaluated the project which included a Specific Plan Amendment to increase overall development potential of the Specific Plan Area. Additionally, since the preparation of the 1994 WFEIR, the City undertook a major General Plan Update in 2005 which increased development potential city-wide.
Initial Study for Bright Recovery March 2025 City of Hollister Page 42
Several mitigation measures are included in the SEIR which are aimed at reducing impacts related to the build-out of the Specific Plan Area and General Plan Build-Out . A Statement of Overriding Considerations which included impacts related to traffic were adopted by the City Council as part of the 1994 WF EIR, 2007 SEIR and the 2005 General Plan.
Mitigation Measure 5-34 in the 2007 SEIR required frontage improvements on Fairview Road. Frontage improvements have been reviewed by the City and are currently underway /almost complete. The driveway at Fairview Road was allowed to remain in its original location with these improvements.
As mentioned above, the project applicant would like to leave the site driveway in its current location.
Although the Specific Plan and 1994 WF EIR evaluated access onto Fairview Road and determined that access should be moved away from Fairview, concern was mostly related to the interior of the site where most of the homes were located. Exact plans for the development of the property at 1000 Fairview Road were unknown at that time and conditions have changed in the City since the 1994 WFEIR was prepared. In order to fully evaluate this request, a Traffic Circulation Analysis was prepared to review the design of the site and proposed use. This Analysis is included as Appendix A to this Addendum.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Information
Source(s)
Would the project result in:
a) Conflict with a program, plan,
ordinance or policy addressing
the circulation system, including
transit, roadway, bicycle and
pedestrian facilities?
1,5,6,7,11,16
b) Conflict or be inconsistent with
CEQA Guidelines Section
15064.3, subdivision (b)?
1,5,6,7,11,16
c) Substantially increase hazards
due to a geometric design
feature (e.g., sharp curves or
dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
1,5,6,7,11,16
d) Result in inadequate emergency
access?
1,5,6,7,11,16
Project Impacts
a) Would the Project conflict with an applicable plan or ordinance addressing the circulation system ?
Initial Study for Bright Recovery March 2025 City of Hollister Page 43
Less Than Significant. The West Fairview Specific Plan (Figure 4.4) shows the proposed layout for internal streets and connections to Fairview Road within the Specific Plan Area. Discussion within the Specific Plan further notes that no access (or driveways) should be located on Fairview Road.
The West Fairview Specific Plan included the subject property in the Specific Plan to ensure future compliance with relevant goals and policies in the event that the property was intensified in the future.
Actual development and the layout of the site was not known at that time.
The driveway was allowed to remain in its current location on Fairview Road as part of the Fairview Road improvements (anticipated to be completed at the time of the printing of this Addendum). Improvements in the surrounding area to the north, south and west including sidewalk, roadways and a sound wall have been completed. The project applicant was unaware of the requirements within the Specific Plan and EIR and prepared project plans which show the driveway in its present location and improvements around the site.
Although Figure 4.4 within the Specific Plan does not allow for access onto Fairview Road at this property, Staff determined that further study of the request to allow the driveway to remain in its current location was warranted because the Specific Plan assumed the project the site would be included within the subdivision for the plan area. Additionally, the Specific Plan and 1994 WFEIR wanted to prevent a large number of cars from within Specific Plan Area from using Fairview to enter and exit and this project only comprises a very small portion of the larger 677 dwelling unit West Fairview Subdivision.
Furthermore, since the Specific Plan and 1994 WFEIR were adopted, a Tentative Map for the Award Homes portion of West Fairview was approved by the Planning Commission and the Final Map (Tract 303) was recorded . The Final Map shows the 1000 Fairview Road property separated from the rest of the West Fairview Subdivision. A new soundwall located around the portions of the property which are adjacent to the KB development has also been constructed. Due to the changes in conditions and more importantly because t he change would not allow anyone from within the larger West Fairview Subdivision to enter and exit using the driveway at 1000 Fairview Road, Staff determined that further study was warranted to determine if the conditions studied in the 1994 WFEIR had changed and if the existing driveway could continue to be used with no impacts.
A Traffic Circulation Study (Appendix A) was prepared by Kimley-Horn and the study evaluated trip generation, distribution, and assignment of the proposed facility; site plan review (driveway access, gate queuing analysis, internal circulation, and project frontage); and provided recommendations. The Study determined that the driveway could remain in its current location with specific project design recommendations (please refer to page 10 for a summary of these recommendations). The Applicant modified the layout/design of the site to incorporate these recommendations and the plan has been reviewed by the Planning and Engineering Divisions to ensure compliance with these recommendations.
Additionally, a Condition of Approval has been added to the Site and Architectural Review approval to ensure that the final plans conform to these recommendations and the approved site plan and that all future improvements will be consistent with the recommendations in the Study.
Initial Study for Bright Recovery March 2025 City of Hollister Page 44
b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)?
Less Than Significant. The project is located on a 1.15 acre parcel and once completed, will be surrounded on three sides by a planned residential subdivision. Had the site not requested an amendment to the Specific Plan, the project would have qualified for an infill exemption.
Trips associated with the sober living facility are less than what would occur if the site was to be developed with six (6) single-family residential dwellings. Trips associated with the 22 bed sober living facility would be 47 total daily trips, while if the site was built-out according to the allowed density in the West Fairview Specific Plan and General Plan, a total of 57 daily trips.
The Traffic Circulation Study (Appendix A) reviewed the proposed circulation plan for the site including the location of the site access on Fairview, frontage design, and gate queuing (there is a gate blocking access onto the site). The Study determined that the access could remain on Fairview Road with incorporation of specific recommendations. The project has been designed to incorporate all the recommendations included in the Study and therefore, no impacts related to circulation are anticipated.
Additionally, a Trip Analysis (included in Appendix A ) was prepared which reviewed existing plus proposed trip generation and compared it to the development potential of the site (the General Plan allows up to six (6) dwelling units on this parcel).
Table 1 - Trip Generation
AM Peak Hour Trips PM Peak Hour Trips Daily Trips
Existing Site 2 2 15
General Plan
Maximum Density (6
dwelling units)
5 6 57
Proposed 22 bed
sober living facility
4 5 57
The proposed Trip Analysis used the Institute of Transportation Engineer’s (ITE) trip generation rate for Assisted Living Facilities. A driveway count of the existing facility was made to determine if the Assisted Living trip generation was compatible with the trips generated by the existing sober living facility. This observation determined that the actual trips generated by the facility was the same as the trips anticipated by ITE for Assisted Living Facilities. While the proposed number of trips will increase as a result of this project, the Analysis determined that the sober living facility would result in the same daily trips as a project which is constructed under the maximum allowed under the Specific Plan and General Plan. Furthermore, the proposed number of trips were reviewed in the Circulation Analysis and no impacts were noted.
c) Substantial increase hazards due to a geometric design feature?