Hollister City Council
August 18, 2025

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, August 18, 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/government/

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

Public Participation:

The public may attend meetings.

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

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

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

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

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

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

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

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

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION REPORT

5.SPECIAL ORDERS OF THE DAY

5.1 REPORT FROM SAN BENITO LEADERSHIP INSTITUTE FOR THEIR 2024-2025

PROGRAM
RECOMMENDED ACTION:

Receive a presentation from San Benito Leadership Institute for their 2024-2025 program reporting.

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

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

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

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

7.1 APPROVE AUGUST 4, 2025 REGULAR MEETING MINUTES

7.2 WARRANT REGISTER
RECOMMENDED ACTION:

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

7.3 AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 17.10, INDUSTRIAL AND
MANUFACTURING ZONES TO ALLOW SPECIALIZED SCHOOLS IN THE M1 ZONING DISTRICT AND RELATED AMENDMENTS FOR CLARITY (ZOA 2025-1) RECOMMENDED ACTION:

Adopt ordinance.

7.4 A RESOLUTION APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ON-

CALL AIRPORT AND CIVIL ENGINEERING SERVICES FOR THE HOLLISTER City of Hollister City Council Meeting

MUNICIPAL AIRPORT WITH A TERM AGREEMENT TO END ON AUGUST 20, 2026
RECOMMENDED ACTION:

Adopt a resolution:

1. Approving Amendment No. 3 to the Professional Services Agreement with Kimley- Horn and Associates, Inc. for On-Call Airport and Civil Engineering Services for the Hollister Municipal Airport with a term Agreement to end on August 20, 2026; and

2. Authorizing City Manager to execute Agreement Amendment No. 3.

7.5 A RESOLUTION APPROVING THE INITIATION OF PREZONE 2025-1 TO INITIATE

THE PREZONING FOR FUTURE ANNEXATION OF THE PROPERTY
CONSISTING OF APPROXIMATELY 0.25 ACRES LOCATED AT 1285 MCCRAY STREET(APN020-100-014) INTO GENERAL COMMERCIAL (GC) ZONING

DISTRICT
RECOMMENDED ACTION:

Adopt a resolution approving the Initiation of Prezoning 2025-1.

7.6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 303, WEST OF FAIRVIEW PHASE 3 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT, AND ANY SUBSEQUENT AMENDMENTS, FOR

IMPROVEMENT
RECOMMENDED ACTION:

Adopt a resolution approving the Subdivision Improvement Agreement for the West of Fairview Phase 3 Subdivision, Tract No. 303, and authorizing the City Manager to execute the agreement, and any subsequent amendments, for the improvements with Richmond American Homes of Maryland, Inc., a Maryland Corporation.

7.7 A RESOLUTION APPROVING THE ANNEXATION OF THE WEST OF FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 63 (PUBLIC FACILITIES SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of the West of Fairview Phase 3 Subdivision, Tract 303 into CFD#4.

7.8 A RESOLUTION APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 26 (POLICE AND FIRE SERVICES)
RECOMMENDED ACTION:

Adopt a resolution approving the annexation of the West of Fairview Phase 3 Subdivision, Tract 303 into CFD#5.

7.9 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT WITH SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING

CONSORTIUM
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute a contract with South Bay Regional Public Safety Training Consortium (SBRPSTC).

7.10 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A RENEWAL City of Hollister City Council Meeting

CONTRACT FOR DISPATCHING SERVICES WITH SANTA CRUZ REGIONAL 911 RECOMMENDED ACTION:

Adopt the resolution and authorize the City Manager to sign the renewal contract for services with SCR911.

7.11 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING

BETWEEN CITY OF HOLLISTER, COUNCIL OF SAN BENITO COUNTY

GOVERNMENTS, COUNTY OF SAN BENITO, AND CITY OF SAN JUAN BAUTISTA

FOR A TRAFFIC IMPACT MITIGATION FEE STUDY
RECOMMENDED ACTION:

Adopt a resolution approving a Memorandum of Understanding (MOU) between City of Hollister, Council of San Benito County Governments, County of San Benito, and San Juan Bautista for a Traffic Impact Mitigation Fee Study.

8.COUNCIL BUSINESS

8.1 A PRESENTATION REGARDING THE COMMUNITY WORKFORCE AGREEMENT

BETWEEN THE CITY OF HOLLISTER AND THE SANTA CLARA AND SAN

BENITO COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL RECOMMENDED ACTION:

Receive a presentation regarding the Community Workforce Agreement between the City of Hollister and the Santa Clara and San Benito Counties Building and Construction Trades Council and provide possible direction to staff.

8.2 A RESOLUTION ESTABLISHING A BUSINESS ADVISORY COMMISSION AND

ADOPTING THE PROPOSED BYLAWS
RECOMMENDED ACTION:

Adopt a resolution establishing a Business Advisory Commission (BAC) and adopting the proposed bylaws for the Commission.

8.3 2024-25 CIVIL GRAND JURY CONSOLIDATED REPORT RESPONSE RECOMMENDED ACTION:

Review and approve the draft responses to the San Benito County Civil Grand Jury Consolidated Report entitled “Contract Administration” and “Hollister Animal Shelter” and authorize the Mayor and City to sign the response letters on behalf of the City Council for submittal to the Presiding Judge of the San Benito County Superior Court.

8.4 DISCUSSION OF POTENTIAL LOBBYING ORDINANCE FOR THE CITY OF

HOLLISTER
RECOMMENDED ACTION:

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

9.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.

9.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and City of Hollister City Council Meeting

Standing City Council Committees.

9.2 COUNCIL REPORTS
Receive informational reports from the City Council

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

9.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

10.CLOSED SESSION

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

10.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Briggs Alley (alley adjacent to 427 San Benito Street) and Browns Alley (alley adjacent to 650 San Benito Street)
Agency Negotiator: David Mirrione, City Manager
Under Negotiation: Terms and Conditions

10.3 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 (3 cases)

11.ADJOURNMENT

12.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of August 18, 2025 was posted on the bulletin board at City Hall on August 13, 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.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # City Manager-2025-43

AGENDA ITEM: REPORT FROM SAN BENITO LEADERSHIP INSTITUTE FOR THEIR 2024-2025 PROGRAM

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

RECOMMENDED ACTION: Receive a presentation from San Benito Leadership Institute for their 2024-2025 program reporting.

DISCUSSION: San Benito Leadership Institute will give a presentation regarding their nine-month leadership development program.

The leadership program was designed to cultivate a diverse network of emerging and established leaders in San Benito County. Program themes included values -driven leadership, conflict navigation, and change management. Sessions blended experiential learning with community-based civic immersion, small-group collaboration, and wellness- focused practices to support sustainable leadership. When provided $20,000 in funding to start the program, the City Council required an update be provided in front of the City Council upon completion.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: City Council approved Resolution No. 2024-23 - $20,000.00 for SBLI Program 2024-2025.

CEQA: N/A

ATTACHMENTS:

1. Presentation – 2024-2025 Program Report

SAN BENITO

LEADERSHIP

INSTITUTE
sanbenitoleadership.org

CITY COUNCIL MEETING
AUGUST 18, 2025 @ 6:30 PM

WHERE GREAT

LEADERS ARE GROWN
Our Purpose Our Values Our Vision
To build a stronger community
by cultivating a diverse group
of new, emerging, and existing
leaders who will effectively
serve, unite and benefit the
residents of San Benito County.

We believe in integrity,
inclusivity, equity, and
selflessness for the benefit of
all residents of San Benito
County. Our program is driven
by our values and belief in the
value of good leadership.

We envision San Benito County
thriving with diverse,
committed, and educated
leaders.

ASSOCIATE'S
8 HIGH SCHOOL
5 MASTER'S
4 BACHELOR'S
3 NON-DISCLOSED
2 DOCTOR ATE
1 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

PARTICIPATION & EDUCATION

C O M M ITTED C O M P LETED
25 23

WOMEN
17 MEN
6 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

GENDER, AGE & RACE
40-49
8 30-39
7 50-59
5 20-29
2 60-69
1 HISPANIC
14WHITE
5 MULTI-R ACIAL
3 ASIAN
1 BL ACK
1

0 1 2 3 4 5 6 7

GOVERNMENT

NONPROFITS

BUSINESS

HEALTHCARE
7 7
6 3
0 5 10 15 20

HOLLISTER
AROMAS

SAN JUAN BAUTISTA
20 2
1 2024 - 2025 PROGRAM PARTICIPANT DEMOGRAPHICS

INDUSTRIES & RESIDENCE

Day Month Topic
20 September Opening – Finding Your Why: Connecting to Your Leadership Purpose 18 October Your Leadership Strengths: Leadership and Self Awareness 15 November Navigating Conflict: The Importance of Social & Emotional Intelligence 4 December Community Leadership Engagement: Simulated Society Experience (SimSoc) 17 January Collaborative Leadership: Strengthening & Supporting Leaders at all Levels. 21 February Inclusive Leadership: Understanding Diversity, Inclusion & Equity 21 March Change Leadership: Leading & Supporting Transitions 18 April Enduring Leadership: Strategies for Sustainability (Pinnacles National Park) 16 May Closing: Your Leadership Legacy
2024 - 2025PROGRAM DAYS

OUTCOMES
Over 50% have taken on new responsibilities or
leadership roles during the program, and the
remaining half plan to do so in the future.

Outcomes at work:

Better team performance
Improved communication with staff
Improved team morale
Better decision making
Increased transparency at work
Team empowerment
“What I loved about this program was the approach to learning about yourself as an individual in order to ser ve the community better.”

IMPACT
Professional Network Expansion
Increased Confidence
Leading with Integrity, Equity, and
Compassion
Seeking to Understand Others
Clearer Understanding of Community
Governance by Observing and Analyzing
Elected and Advocacy Groups
“This program has taught me about who I am as a leader - each section contributed to my understanding of how I want to lead and the impact I want to have in my community, family, and career.”

MOVING INTO PROGRAM YEAR
2025-2026
$153,402 Raised
$14,800 Granted in Scholarships
To date
Scholarships Granted to 12 Applicants
27 People Applied
Application Deadline May 16
27 Applicants
Underwent Panel Interviews

July 25
Tuition & Community
Contracts Due
August
Cohort &
Facilitators Meet
September 19
1st Program Day
June 18
Consultants Met to
Finalize Program
Year Plans

FINAL PROGRAM PREPARATION TIMELINE
2025-2026
June 10
Letters of Acceptance,
Tuition Invoices, and SBLI
Community Contracts Sent

THANK YOU!Page 20 of 513

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

August 4, 2025, 6:30 p.m.

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

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

Members Absent: Priscilla de Anda, District 4
_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 6:30 p.m.

2. ROLL CALL

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

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

5. SPECIAL ORDERS OF THE DAY

5.1 PROCLAMATION HONORING THE HOLLISTER TREMORS 2011

GIRLS- HURRICANES TEAM
Mayor Stephens presented a proclamation to the Hollister Tremors soccer team.

5.2 RETIREMENT RECOGNITION HONORING POLICE CAPTAIN ERIC OLSON
Police Chief Carlos Reynoso presented a plaque to Police Captain Eric Olson in recognition for his years of service to the City a nd residents of Hollister.

5.3 PRESENTATION BY CENTRAL COAST COMMUNITY ENERGY 3CE

ANNUAL UPDATE

2 Sophia Schwirzke with Central Community Coast Energy (3CE) provided the agency's annual update.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Tod duBois supported additional economic development in Hollister.

7. CONSENT ITEMS
Councilmember Morales reported additional information had been provided for Agenda Item 7.2.

Councilmember Picha pulled Agenda Item 7.2 from the Consent Calendar.

Mayor Stephens opened public comment at 7:13 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 7:13 p.m.

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

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

7.1 JUNE 16, 2025 REGULAR MEETING MINUTES

7.3 INFORMATIONAL REPORT ADVISING THE CITY MANAGER HAS
AMENDED THE CURRENT CONTRACT WITH FLOCK SAFETY, INC.

TO REPLACE THE RAVEN GUN SHOT DETECTION SYSTEM WITH

ADDITIONAL ALPR CAMERAS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Receive the informational report advising the City Manager has amended the current FLOCK Safety, Inc. contract.

Carried

7.4 A RESOLUTION APPROVING THE ANNEXATION OF 1901 LANA WAY PROJECT INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 62 (PUBLIC FACILITIES SERVICES)

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

Adopt a resolution approving the annexation of 1901 Lana Way Project into CFD#4.

Carried

7.5 A RESOLUTION APPROVING A CANNABIS DISTRIBUTION
REGULATORY PERMIT RENEWAL 2025/2026 FOR WHERE2DISTRO
LLC
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving the renewal of a regulatory permit for Where2Distro LLC to operate a cannabis distribution facility located at 1891 Airway Drive.

Carried

7.6 A RESOLUTION APPROVING A SPACE LEASE WITH THE FEDERAL

AVIATION ADMINISTRATION FOR AN ANTENNA AND EQUIPMENT

AT THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving a space lease with the Federal Aviation Administration for an antenna and equipment at the Hollister Municipal Airport and authorizing the City Manager to execute the lease.

Carried

7.7 A RESOLUTION APPROVING THE APPLICATION FOR AND

ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION GRANT

FOR THE ACQUISITION OF TWO ZERO EMISSIONS VEHICLES FOR

THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

4 Adopt a resolution:

1. Approving the application for and acceptance of a U.S. Department of Transportation Federal Aviation Administration grant for the acquisition of two Zero Emissions Vehicles for the Hollister Municipal Airport (“FAA Grant”);

2. Authorizing the Administrative Services Department to make necessary accounting and budgetary entries;

3. Authorizing the City Manager or his designee (“Authorized Officers”) to execute FAA grant applications, grant agreements, and other necessary documents contemplated herein; and

4. Authorizing and directing the Authorized Officers, and each of them, for and in the name of and on behalf of the City, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to carry out, give effect to, and comply with the terms and intent of the resolution. All actions heretofore taken by such officers and agents that are in conformity with the purposes and intent of the resolution shall hereby be ratified, confirmed and approved in all respects.

Carried

7.2 RATIFY APPOINTMENTS TO FILL VACANCIES ON THE HOLLISTER

AIRPORT ADVISORY COMMISSION AND PLANNING COMMISSION
City Attorney reported a question was raised regarding whether Julio Rodriguez can serve on the City's Planning Commission and the San Benito County Local Area Formation Commission (LAFCO). Ms. Lerner provided information regarding incompatible offices and stated the responsibility to address any potential conflicts rests with the appointed Commissioner and outlined potential consequence s if it is determined the Commissioner is serving in incompatible offices.

Mayor Stephens opened public comment at 7:19 p.m.

Julio Rodriguez reported he spoke with the LAFCO Executive Director regarding his potential appointment to the Planning Commission.

Mayor Stephens closed public comment at 7:20 p.m.

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

Ratify the appointment of Eric Watt to fill the District 1 vacancy on the Hollister Airport Advisory Commission, and Julio Rodriguez and Peter Hernandez to fill the Districts 1 and 2 vacancies on the Planning Commission.

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

8. PUBLIC HEARINGS

8.1 A RESOLUTION APPROVING AN UPDATE TO DEVELOPMENT

IMPACT FEES TO REFLECT CUMULATIVE COST ADJUSTMENTS
FROM 2022 THROUGH 2025 AND ACKNOWLEDGING THE CITY'S

INTENT TO CONDUCT A COMPREHENSIVE FEE STUDY IN
ACCORDANCE WITH AB 602
Associate Engineer Cristian Builes provided the staff presentation.

Mayor Stephens opened the public hearing at 7:27 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 7:27 p.m.

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

Adopt a resolution authorizing the adjustment of Development Impact Fees to reflect cost changes not applied since 2022 and acknowledge the City’s intent to conduct a comprehensive fee study in accordance with recent State legislation (AB 602).

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

8.2 A RESOLUTION ADOPTING A TEMPORARY ANNEXATION POLICY DURING THE 2040 GENERAL PLAN UPDATE
Planning Manager Eva Kelly provided the staff presentation.

Mayor Stephens opened the public hearing at 7:35 p.m.

Jeffrey Small representing the San Benito High School District opposed the proposed Temporary Annexation Policy during the 2040 General Plan Update stating it will hinder development of a second high school site.

Mayor Stephens closed the public hearing at 7:38 p.m.

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

Adopt a resolution establishing a temporary annexation policy during the 2040 General Plan Update.

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

8.3 AN ORDINANCE AMENDING TITLE 17, ZONING, CHAPTER 17.10,

INDUSTRIAL AND MANUFACTURING ZONES TO ALLOW FOR
SPECIALIZED SCHOOLS IN THE LIGHT INDUSTRIAL (M1) AND

INDUSTRIAL BUSINESS PARK (IBP) ZONING DISTRICTS AND

RELATED AMENDMENTS FOR CLARITY
Planning Manager Eva Kelly provided the staff presentation and recommended including additional language in the ordinance to delete the current definition for “Schools- Specialized education and training" in Section 17.02.020.

Mayor Stephens opened the public hearing at 8:03 p.m.

Dr. Shawn Tennenbaum supported the proposed ordinance and stated the San Benito High School District is not currently pursuing building a trade school and opposed cannabis facilities being allowed near schools.

Mayor Stephens closed the public hearing at 8:06 p.m.

Councilmember Resendiz suggested including language in the ordinance to address cannabis facilities near school facilities.

Planning Manager Eva Kelly stated the City Council can address potential cannabis facilities near schools on a case by case basis because they require Council consideration on the individual Conditional Use Permits as do all cannabis facilities.

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

Introduce an Amending Title 17, Zoning, Chapter 17.10, Industrial and Manufacturing Zones to allow for Specialized Schools in the Light Industrial (M1) and Industrial Business Park (IBP) Zoning Districts and Related Amendments for Clarity, including the change recommended by staff.

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

9. INFORMATIONAL REPORTS

9.1 COMMITTEE ASSIGNMENTS
Councilmember Picha reported on the June 16, 2025 Association of Monterey Bay Area Governments meeting where the Regional Early Action Grants were discussed.

Mayor Stephens reported the Animal Services ad hoc committee continues to meet to discuss issues related to the Animal Shelter and reported the motorcycle rally ad hoc committee has been meeting to debrief on the 2025 Hollister Independence Rally.

1. REVIEW AND UPDATE CITY COUNCIL COMMITTEE

ASSIGNMENTS
Mayor Stephens updated various Committee assignments for the remainder of the 2025 calendar year.

9.2 COUNCIL REPORTS
No reports.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

9.3 CITY MANAGER REPORT
No report.

1. UPDATED CITY COUNCIL PROJECTS

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

10.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager David Mirrione and City Attorney Mary Lerner
Employee Organizations: Service Employees Internationa l Union (SEIU), Local 521; Hollister Firefighters Union (HFFU), Local 3395; Hollister Peace Officer Association (HPOA); and un-represented employees

10.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8

8 Property: Briggs Alley (alley adjacent to 427 San Benito Street) and Browns Alley (alley adjacent to 650 San Benito Street)
Agency Negotiator: David Mirrione, City Manager
Under Negotiation: Terms and Conditions

10.3 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 (2 cases)

10.4 CONFERENCE WITH LEGAL COUNSEL – ANTICIAPTED LITIGATION Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation)
2 cases:
(1) Purdue/Sackler National Opioid Settlement
(2) Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Su n, Zydus National Opioid Settlement

10.5 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: 190 Maple Ave., Hollister, CA 95023
Agency Negotiator: David Mirrione, City Manager
Under Negotiation: Purchase Terms and Conditions

10.6 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): One Case
Mayor Stephens opened public comment at 8:36 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 8:36 p.m.

Mayor Stephens convened the meeting into closed session at 8:36 p.m.

11. CLOSED SESSION REPORT
City Attorney Mary Lerner reported in closed session, on a motion from Mayor Stephens and a second by Councilmember Morales, the City Council voted 4 -0 to join in the following litigation: (1) the Purdue/Sackler National Opioid Settlement and (2) the Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, Zydus National Opioid Settlement.

12. ADJOURNMENT

9 Mayor Stephens adjourned the meeting at 11:39 p.m.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 4, 2025
REPORT # Finance-2025-16

AGENDA ITEM: WARRANT REGISTER

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Grizelle Gonzalez, Management Analyst
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 25/26

ATTACHMENTS:

1. Expense Approval Register AP 5-29-25

2. Expense Approval Register AP 6-4-25

3. Expense Approval Register PYR 6-4-25

4. Expense Approval Register DP 6-5-25

5. Expense Approval Register AP 6-5-25

6. Expense Approval Register DP 6-10-25

7. Expense Approval Register AP 6-10-25

8. Expense Approval Register AP 6-12-25

9. Expense Approval Register AP 6-17-25

10. Expense Approval Register PYR 6-18-25

11. Expense Approval Register AP 6-20-25

12. Expense Approval Register DP 6-20-25

13. Expense Approval Register DP 6-20-25-2

14. Expense Approval Register AP 6-30-25

15. Expense Approval Register PYR 7-2-25

16. Expense Approval Register DP 7-2-25

17. Expense Approval Register AP 7-3-25

18. Expense Approval Register DP 7-3-25

19. Expense Approval Register AP 7-11-25

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Community Development-2025-49

AGENDA ITEM: AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 17.10, INDUSTRIAL AND MANUFACTURING ZONES TO ALLOW SPECIALIZED SCHOOLS IN THE M1 ZONING DISTRICT AND RELATED AMENDMENTS FOR CLARITY (ZOA 2025 -1)

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Erica Fraser, Senior Planner

RECOMMENDED ACTION: Adopt ordinance.

DISCUSSION: On August 4, 2025 the City Council held a public hearing and introduced an Ordinance to approve a zoning ordinance amendment to Chapter 17.10, Industrial and Manufacturing Zones, to allow for specialized schools in the Light Industrial (M1) and Industrial Business Park (IBP) Zoning Districts. A second reading and adoption of the ordinance is required.

FISCAL IMPACT: None.

PREVIOUS COUNCIL OR COMMISSION ACTION: On August 4, 2025 the City Council introduced the ordinance.

On March 27, 2025 the Planning Commission approved Resolution No. 2025 -13 recommending City Council approval of the proposed Zoning Ordinance amendment.

CEQA: The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future development projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

ATTACHMENTS:

1. Ordinance

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF HOLLISTER APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 17.10, INDUSTRIAL AND

MANUFACTURING ZONES TO ALLOW SPECIALIZED SCHOOLS IN
THE M1 ZONING DISTRICT AND RELATED AMENDMENTS FOR
CLARITY (ZOA 2025-1)

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order clarify provisions in the Zoning Ordinance or to reflect current conditions in the City; and

WHEREAS, staff is requesting an amendment to Chapter 17.10, Industrial and Manufacturing Zones, to allow specialized vocational and trade schools; and WHEREAS, additional amendments are proposed to Section 17.08.020, Definitions, Chapter 17.04, Residential Zoning Districts, and Chapter 17.08, Commercial Zone Land Uses and Permit Requirements for clarity; and
WHEREAS, on April 24, 2025, the Hollister Planning Commission held a duly noticed public hearing during which all interested persons were heard and adopted Planning Commission Resolution No. 2025-13 recommending the City Council adopt amendments to the Zoning Ordinance to allow specialized schools in the M1 (Light Industrial) Zoning District and related amendments for clarity ; and

WHEREAS, a staff report was submitted to the City Council of the City of Hollister recommending approval of the proposed Zoning Ordinance Amendments; and

WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on June 2, 2025, at which time all interested parties had the opportunity to be heard; and

WHEREAS, proper notice of said heading was given as required by law; and

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

WHEREAS, the City Council of the City of Hollister hereby makes the following findings related to the Zoning Ordinance Amendments as required by Section 17.02.120(D) of the Municipal Code:

1. The proposed amendments are consistent with the General Plan because: the proposed amendments will allow for specialized training within industrial buildings in the City, furthering the City’s goals for providing jobs and educational opportunities for residents.

Ordinance No. XXXX

2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed amendments will allow specialized schools in the M1 (Light Industrial) Zoning District as a conditional use, requiring review and approval by the Planning Commission, to ensure that there are no impacts on the surrounding businesses.

3. The public necessity, general welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies and land use designations in the General Plan and any adopted area or specific plan because: by allowing specialized training schools in the M1 (Light Industrial) Zoning District, the City can allow for specialized educational opportunities for residents. The proposed amendments for clarity further define schools to assist in the review of request for schools in the City.

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

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

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

SECTION 1. Amendments. The Hollister Municipal Code is hereby amended as follows:

Section 17.02.020 amended. Section 17.02.020, Definitions, is amended as follows:

a. Delete the following text:

“Schools – Elementary means public and private schools elementary, middle, and junior high schools serving kindergarten through eight or nineth grade students including denominational and sectarian. Pre-schools and child day are included under the definitions of “Child Day Care Centers” and Family Care Homes.”

“Schools – Secondary means public and private high school nine or ten through 12 including boarding schools and military academies.”

“Schools- Specialized education and training means business, secretarial schools

Ordinance No. XXXX

and vocational schools offering specialized trade and commercial courses.

Includes specialized non-degree granting schools offering subjects including: art, drama, language, music, driver education, ballet and other dan ce. Also includes seminaries and other facilities exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized progr ams in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples).”

b. Add the following definitions:

“Schools –Primary means all public and private schools serving children from Transitional Kindergarten through sixth grade. Primary schools can include before and after school care for the students served by the school.”

“Schools – Secondary means public and private middle, junior high and high schools serving children from 6th-12th grades. Secondary schools also include boarding schools and academies.

“Schools – Specialized education and training means schools or establishments, where students primarily learn in a classroom, and provide single day classes, seminars, or long term educational services for topics including business, beauty, secretarial, educational services (such as restaurant or service training, drafting, computers, programming, language, finance, health careers, public speaking, management, drivers education classes), personal growth (including cooking, time management, health, self -improvement) and the arts (drama, art, ceramics, painting, sculpture). Minor Specialized education and training schools are those that have no more than 15 participants and two instructors at one time and where adequate parking is provided as required by Chapter 17.18, Pedestrian, Bicycle, Parking and Loading Standards, and as determined by the Director. Major specialized education and training schools are those that have more than 16 students or 2 instructors or are unable to provide adequate parking.”

“Schools-Vocational and Trade means schools with provide specialized training related to a job or career and includes programs that provide training essential to job functions, licensing, certificates or required continuing education services to instruct students in specific fields related to construction (such as engineering, installation, carpenter, plumbing, electrical, welding or installation methods), repairs (such as automotive, airplane, HVAC), woodworking, furniture or cabinet making, or manufacturing.”

Section 17.04.020, Table 17.04-1 amended. Table 17.04-1. Residential Land Uses and Permit Requirements, of Section 17.04.020 is hereby amended as follows:

a. Delete the following use type from the table:

Ordinance No. XXXX

“Schools Public/Private”
b. Replace the deleted use type with the following:

Land Use1 RE R1 R2 R3 R4 R4-20 PZ
(16)

OT-M OT-H RWF
Services, Public and Semipublic Uses
Schools –
College and
University

NP NP NP NP NP NP NP NP NP NP
Schools -
Primary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Schools-
Specialized
education
and training

NP NP NP NP NP NP NP NP NP NP
Schools –
Vocational
and Trade

NP NP NP NP NP NP NP NP NP NP

Section 17.08.020, Table 17.08-1 amended. Table 17.08-1, Commercial and Mixed-Use Zone Uses and Permit Requirements, of Section 17.08.020 is hereby amended as follows:

a. Delete the following use type from the table:

“Schools Private/Public Trade (except Schools for Truck, Automobile, Heavy and Mechanical Equipment Repair Are Not Allowed)”
b. Replace the deleted use type with the following:

Land Use1 CO GC NG Additional
Use
Regulations
DMU NMU WG Additional
Use
Regulations
Public and Semipublic Uses
Schools –
College and
University

CUP CUP CUP CUP CUP CUP
Schools -
Primary

CUP CUP CUP CUP CUP CUP
Schools -
Secondary

CUP CUP CUP CUP CUP CUP
Schools- CUP CUP CUP CUP CUP CUP

Ordinance No. XXXX

Specialized
education
and training
Schools –
Vocational
and Trade

NP NP NP NP NP NP

Section 17.10.020, Table 17.10-1 amended. Table 17.10-, Industrial Zone Districts Land Use and Permit Requirements, of Section 17.10.020 is hereby amended as follows:
a. Add the following use type:

Land Use M1-S IBP
Recreation, Assembly and Educational Uses
Schools-Vocational and
Trade

CUP CUP

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

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

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

INTRODUCED at a regular City Council meeting on August 4, 2025 and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on August 18 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

Ordinance No. XXXX

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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

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

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Airport-2025-19

AGENDA ITEM: A RESOLUTION APPROVING AN AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. FOR ON-CALL AIRPORT AND CIVIL ENGINEERING

SERVICES FOR THE HOLLISTER MUNICIPAL AIRPORT WITH A TERM AGREEMENT TO END ON AUGUST 20, 2026

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

RECOMMENDED ACTION: Adopt a resolution:

1. Approving Amendment No. 3 to the Professional Services Agreement with Kimley- Horn and Associates, Inc. for On-Call Airport and Civil Engineering Services for the Hollister Municipal Airport with a term Agreement to end on August 20, 2026; and

2. Authorizing City Manager to execute Agreement Amendment No. 3.

DISCUSSION: City of Hollister and Kimley-Horn and Associates, Inc. (“Contractor”) have previously entered into an agreement for professional services (“Agreement”) for on -call airport and civil engineering services for the Hollister Municipal Airport dated February 20, 2018. The Agreement provides for basic services including on -call airport and civil engineering services for consultations, plan review, design, field inspection s, and other work as needed. The Contractor also assists in the Airport’s granting efforts with the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and Bipartisan Infrastructure Law (BIL) funding for Airport Capital Improvement Program projects.

Kimley-Horn and Associates, Inc. has been competitively selected twice to provide on - call airport and civil engineering services for the Hollister Municipal Airport since 2012.

Their services have included more than seven separate improvement projects amounting to over $27 million in FAA grant funding for the airport.

City and Contractor entered into a 5-year agreement on February 20, 2018. The Agreement requires the City and Contractor to agree in writing to make amendments to continue providing professional services relating to airport projects. The Agreement has been amended twice to extend the term to August 20, 2024, and then to August 20, 2025.

The Airport expects to receive a Federal Fiscal Year 2025 FAA grant for the Design of the Taxiway A Reconstruction project and the FAA has stated a desire for the Contractor to perform this work due to their experience with and knowledge of the Hollister M unicipal Airport. Therefore, the City and Contractor desire to amend the Agreement to extend the term to August 20, 2026.

FISCAL IMPACT: For Agreement Amendment No. 3, services funded out of the Airport Enterprise Fund 601, Professional Services Account No. 601-4200-7300 are estimated not to exceed $20,000. Other work, as assigned, will be funded by grant funding or other

projects with reimbursement of Contractor’s costs.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the regular meeting of February 20, 2018, the City Council adopted Resolution No. 2018-35, accepting bid proposals and authorizing the City Manager to execute a professional services agreement with Kimley - Horn and Associates, Inc. for on-call airport and civil engineering services for the Hollister Municipal Airport; and

At the regular meeting of October 2, 2023, the City Council adopted Resolution No. 2023 - 188, authorizing the City Manager to execute a contract amendment to the professional services agreement with Kimley-Horn and Associates, Inc. for on-call airport and civil engineering services relating to airport projects and to extend the term of the Agreement to August 20, 2024; and

At the regular meeting of October 1, 2024, the City Council adopted Resolution No. 2024 - 152, authorizing the City Manager to execute a c ontract amendment to the professional services agreement with Kimley-Horn and Associates, Inc. for on-call airport and civil engineering services relating to airport projects and to extend the term of the Agreement to August 20, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Amendment No. 3

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR ON-

CALL AIRPORT AND CIVIL ENGINEERING SERVICES FOR THE

HOLLISTER MUNICIPAL AIRPORT WITH A TERM AGREEMENT TO
END ON AUGUST 20, 2026

WHEREAS, City of Hollister and Kimley-Horn and Associates, Inc. (“Contractor”) have previously entered into an Agreement for Professional Services (“Agreement”) for on -call airport and civil engineering services for the Hollister Municipal Airport dated February 20, 2018; and

WHEREAS, the Agreement provides for basic services including on-call airport and civil engineering services for consultations, plan review, design, field inspections and other work as needed for Airport projects. The Contractor also assists in the Airport’s granting efforts with the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) and Bipartisan Infrastructure Law (BIL) funding for Airport Capital Improvement Program projects; and

WHEREAS, Kimley-Horn and Associates, Inc. has been competitively selected twice to provide on-call airport and civil engineering services for the Hollister Municipal Airport since 2012 providing services on more than seven separate improvement projects amounting to over $27 million in FAA grant funding for the airport; and

WHEREAS, City and Contractor entered into a 5-year Agreement on February 20, 2018.

The Agreement has been amended twice to extend the term to August 20, 2024, and then to August 20, 2025; and

WHEREAS, the Agreement requires the City and Contractor to agree in writing to make amendments to continue providing professional services relating to airport projects; and

WHEREAS, the Airport expects to receive a Federal Fiscal Year 2025 FAA grant for the Design of the Taxiway A Reconstruction project and the FAA has stated a desire for the Contractor to perform this work due to their experience with and knowledge of the Hollister Municipal Airport; and

WHEREAS, the City and Contractor desire to amend the Agreement to extend the term to August 20, 2026.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Kimely-Horn and Associates, Inc. for On-Call Airport and Civil Engineering Services for the Hollister Municipal Airport with a term Agreement to end on August 20, 2026.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary 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 August 18, 2025, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

1 of 2

CITY OF HOLLISTER
Send All Mail To:
60 Airport Drive ● Hollister, CA 95023

HOLLISTER MUNICIPAL AIRPORT
60 Airport Drive ● (831) 636-4365p

Amendment to Professional Services Agreement
with Kimley-Horn and Associates, Inc.

August 10, 2025 Amendment No. 3

Work Category: Design / Permitting
Kimley-Horn and Associates, Inc. Work type: Requested On-call 1100 W Town and Country Dr, Suite 700 Notice to Proceed: Effective Date Orange, CA 92868 Date Requested: Per Task Order
Improvement Plans Check:

Final Map Check:

Subject: On-Call Airport Consultant Services Agreement — Extension

This Contract Extension Agreement (“Agreement”) is entered into on August 21st , 2025, (“Effective Date”), by and between the City of Hollister, California, a municipal corporation, (“City”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation, (“Contractor”), which are sometimes individually referred to as “Party” or collectively referred to as “Parties”.

WHEREAS,

1. The City desired to continue to retain the Contractor to perform On-Call professional airport consultant services in accordance with the professional services agreement dated February 20th, 2018, (“Original Contract”).

THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Extension Duration — The Original Contract is hereby extended commencing on the Effective Date and ending on August 20th, 2026.

2. Scope of Work — The scope of work outlined in the Original Contract remains unchanged for the extended period, unless otherwise agreed upon in writing by both Parties.

3. Terms and Conditions — All other terms and conditions of the Original

2 of 2
Contract not specifically addressed in this Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed this Contract Extension Agreement as of the Effective Date.

City of Hollister Kimley-Horn and Associates, Inc.

Signture Signture David Mirrione Vice President, Pearse Melvin
City Manager Print Title / Name

Date Date

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Community Development-2025-52

AGENDA ITEM: A RESOLUTION APPROVING THE INITIATION OF PREZONE 2025-1 TO

INITIATE THE PREZONING FOR FUTURE ANNEXATION OF THE PROPERTY CONSISTING OF APPROXIMATELY 0.25 ACRES LOCATED AT 1285 MCCRAY STREET (APN 02020-100- 014) INTO THE GENERAL COMMERCIAL (GC) ZONING DISTRIC T

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

RECOMMENDED ACTION: Adopt a resolution approving the Initiation of Prezoning 2025-1.

DISCUSSION: On October 15, 2024, the City of Hollister entered into an Agreement for the Purchase and Sale of Surplus Real Property and Joint Escrow Instructions (“Agreement”) (Attachment 1) regarding former right-of-way property at the southern end of McCray Street/Prospect Avenue. As part of the Agreement, it was established that the buyer of the surplus parcel, who is also the property owner of the adjacent subject property located at 1285 McCray Street (APN 020-100-014, existing Toro Petroleum gas station), would participate in the annexation of the Toro Petroleum property into the city limits. The subject property at 1285 McCray Street, APN 020-100- 014, is approximately 0.25 acres in size and is an existing unincorporated “island” parcel, surrounded on four sides by incorporated city property. Figure 1 below shows a vicinity map of the subject parcel.

Figure 1. Vicinity Map

The City of Hollister General Plan designation for this property is General Commercial, and the proposed prezoning of the property is to the General Commercial (GC) Zoning District, consistent with the General Plan designation. The property is located within the City of Hollister General Plan Planning Area and within the City of Hollister Sphere of Influence.

The property is currently served by City of Hollister water and a septic tank for wastewater facilities. The property will not be required to connect to City sewer services immediately upon annexation, but in the future if the septic tank were to need to be replaced, the property would be required to connect to City sewer services. Once annexed, connection to City sewer services in the future will be a ministerial process as no jurisdictional boundary changes would be necessary. The property will be served by City police and fire services.

At the August 4, 2025 City Council meeting the City Council adopted Resolution 2025- 106 (Attachment 2) adopting a temporary annexation policy during the citywide general

plan update. As a part of this policy, the City Council authorized an exception for the annexation of the subject property as it is a city-initiated proposal that is part of the agreed upon terms of the sale of surplus land Agreement previously described. This annexation of this property proposes no land development or change in land use on the annexing parcel and therefore was found to have no effect on the general plan update, unlike other annexation proposals.

Upon authorization of the initiation of prezoning by the City Council, the application for prezoning will be scheduled for consideration before the Planning Commission and City Council. Upon approval of the prezoning by City Council, the City would submit a request to the Local Agency Formation Commission (LAFCO) for the request for annexation of the property. Staff recommend that the City Council authorize the initiation of prezone 2025-1.

FISCAL IMPACT: The City of Hollister has agreed to facilitate the annexation process for this parcel as part of the Agreement for the sale of the adjacent surplus land. LAFCO application fees will be paid for by the City at the expense of the General Fund. The current LAFCO fees for an annexation application as of time of writing are estimated to be $3,500 ($1,500 application, $1,000 Surveyor deposit, $1,000 Notice of Exemption deposit).

PREVIOUS COUNCIL OR COMMISSION ACTION:

10/15/2024 – Execution of Surplus Land Agreement for neighboring parcel

08/04/2025 – Resolution 2025-106 adoption of Temporary Annexation Policy

CEQA: There is no proposed development of the parcel to be annexed. There is an existing gas station on the property which is proposed to remain. The act of initiation of the prezoning is not considered a project subject to CEQA. However, the prezoning for future annexation of this parcel is categorically exempt from CEQA pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines as it involves no expansion of an existing use and involves only a jurisdictional boundary change proposal with no land development or modification to the parcel.

ATTACHMENTS:

1. Resolution authorizing the Initiation of Prezone 2025-1

2. Agreement for the Purchase and Sale of Surplus Real Property and Joint Escrow Instructions 10/15/2024

3. Resolution 2025-106 Temporary Annexation Policy

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION OF PREZONE 2025-1 TO INITIATE THE

PREZONING OF A PROPERTY CONSISTING OF APPROXIMATELY

0.25 ACRES LOCATED AT 1285 MCCRACY STREET, FURTHER

IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBER
020-100-014 INTO THE GENERAL COMMERCIAL (GC) ZONING
DISTRICT FOR FUTURE ANNEXATION.

WHEREAS, under the provisions of Section 17.24.250 of the Zoning Ordinance, the City Council shall first review a request for prezoning for future annexation and shall direct whether the prezoning will proceed; and

WHEREAS, on October 15, 2024, the City of Hollister entered into an Agreement for the Purchase and Sale of Surplus Real Property and Joint Escrow Instructions for the Sale of Surplus Property (“Agreement”) located adjacent to the property located at 1285 McCray Street; and

WHEREAS, as a part of the terms of the Agreement, the Buyer, who is the owner of the adjacent subject parcel APN 020-100-014, has agreed to annex APN 020-100-014 into the City of Hollister city limits as it is currently an unincorporated “island” surrounded on all sides by incorporated property; and

WHEREAS, as a part of the terms of the Agreement, the City has agreed to facilitate the annexation of the subject property; and

WHEREAS, on August 4, 2025, the City Council adopted Resolution 2025-106 adopting a Temporary Annexation Policy during the citywide General Plan Update that authorized the annexation of the subject parcel to proceed as it was fo und to have no impact on the general plan update project; and

WHEREAS, the City Council at its meeting of August 18, 2025, considered the City- initiated request, reviewed the staff report, and received written and oral testimony for and against the proposal; and

WHEREAS, the City Council deliberated and determined to grant the request and approve the request for Initiation of Prezone 2025-1 in accordance with Section 17.24.250 of the Zoning Ordinance based on the facts as presented and the code requiremen ts as plainly stated; and

WHEREAS, public hearings shall be set before the Planning Commission and City Council for the prezoning of the property in compliance with Section 17.24.120 Public Hearings of the Zoning Ordinance.

Resolution No. 2025-XXX

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve of the Initiation of Prezone 2025 -1 for the parcel at 1285 McCray Street, APN 020-100-014.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES: Councilmembers Picha, Morales, Resendiz, and Mayor Stephens NOES: None
ABSTAINED: None
ABSENT: Councilmember de Anda

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-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 18, 2025, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed th e official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Public Works-2025-43

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

HOLLISTER APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 303, WEST OF FAIRVIEW PHASE 3 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, AND ANY SUBSEQUENT

AMENDMENTS, FOR IMPROVEMENT

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

RECOMMENDED ACTION: Adopt a resolution approving the Subdivision Improvement Agreement for the West of Fairview Phase 3 Subdivision, Tract No. 303, and authorizing the City Manager to execute the agreement, and any subsequent amendments, for the improvements with Richmond American Homes of Maryland, Inc., a Maryland Corporation.

DISCUSSION: The West of Fairview Phase 3 Subdivision is a conditionally approved development for the purpose of subdividing 31.69 acres into 151 lots, totaling 146 single family residential units and 5 lots for public access and landscaping. The development is located West of Fairview Road and North of Avenida Caesar Chavez, in the City of Hollister. The interior roads of the development are public, and will include public infrastructure such as water, sewer, and storm drain. A Subdivision Improvement Agreement has been prepared to ensure the completion of the public improvements for this subdivision.

The Final Map has been reviewed by staff and was found to be substantially complete, and in substantial conformance with the approved Tentative Map. The Tentative Map was approved by the City of Hollister Planning Commission on June 27, 2007, per PC Resolution 2007-16. There were no appeals by either the applicant or other interested parties. Section 66474.1 of the Subdivision Map Act states that “A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map”.

As such, staff recommends approval of the Subdivision Improvement Agreement and Final Map.

FISCAL IMPACT: Engineering & Inspection Fees and Map Checking Fees will be collected prior to the recordation of the final map. Additional impact fees will be collected at the time of Building Permit issuance or final occupancy for each property within the subdivision.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: June 27, 2007 – Planning Commission adopted PC Resolution 2007-16 approving TM 2005-1
ATTACHMENTS:

1. Resolution – SIA_West of Fairview Phase 3

2. PC Resolution 2007-16_TM 2007-1_Award Homes

3. WOF Ph 3 SIA_Final

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR
WEST OF FAIRVIEW PHASE 3 SUBDIVISION, TRACT NO. 303 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT,

AND ANY SUBSEQUENT AMENDMENTS, FOR THE IMPROVEMENT
WITH RICHMOND AMERICAN HOMES OF MARYLAND, INC., A

MARYLAND CORPORATION

WHEREAS, the Planning Commission held a public hearing on June 27, 2007, to consider the West of Fairview Subdivision (Tentative Map), receive written and oral testimony for and against the proposal approving the tentative map; and

WHEREAS, no appeals were filed during the appeal period; and

WHEREAS, the Phase 3 Final Map is technically correct; and

WHEREAS, the City Engineer/Surveyor finds that the Phase 3 Final Map is in substantial conformance with the Tentative Map and any approved alterations thereof , and that all provisions of the Subdivision Map Act and the City of Hollister’s Municipal Code Section

16.40 for Final Maps applicable at the time of the approval of the Tentative Map have been complied with, which are included within the Subdivision Improvement Agreement ; and

WHEREAS, Richmond American Homes of Maryland, Inc., a Maryland Corporation, must enter into an improvement agreement with the City prior to the map recording to ensure completion of the improvements required by the Tentative Map.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Subdivision Improvement Agreement for the improvement of West of Fairview Phase 3 Subdivision, Tract No. 303, the Final Map, and authorizes and directs the City Manager, for and on behalf of the City of Hollister and as its act and deed, t o execute the Subdivision Improvement Agreement, and any subsequent amendments, for the improvements.

Resolution No. 2025-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 18, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)

CITY OF HOLLISTER )
375 Fifth Street )
Hollister, California 95023 )
Attention: City Clerk ) )
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.

SUBDIVISION IMPROVEMENT AGREEMENT

THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into on this 18th day of August, 2025 (the “Effective Date”) by and between Richmond American Homes of Maryland, Inc., a Maryland Corporation (“Developer”), and the CITY OF HOLLISTER, a California municipal corporation (“City”) (collectively, the “Parties”).

R E C I T A L S

A. Developer is the owner of that certain real property located West of Fairview Road and North of Avenida Caesar Chavez, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Number 057-710-013 and 057- 710-014, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”). Developer has submitted an application to the City for the development of a Subdivision Map to subdivide 31.69 acres into 151 lots, totaling 146 single family residential units and 5 lots for public access and landscaping. (the “Project”).

B. The Project is subject to all mitigation measures, conditions of approval, and requirements set forth in paragraphs C, D, E, F, G, and H herein below (“Conditions”) adopted by Resolutions of the City Council and Planning Commission of the City of Hollister for the development of the Project.

C. On October 12, 2000, the City of Hollister City Council adopted Ordinance No. 951 approving a Development Agreement between the City of Hollister and Award Homes Inc., also known as the West of Fairview, subject to certain conditions.

D. On May 3, 2004, the City of Hollister enters into a Mutual Release and Settlement Agreement with Award Homes Inc., subject to certain conditions.

E. On June 27, 2007, the Planning Commission of the City of Hollister adopted PC Resolution No. 2007-16, approving Tentative Map No. 2005-1, prepared by Mackay & Somps Civil Engineers., Inc. for the West of Fairview project, subject to certain conditions of approval.

F. On February 23, 2012, the City of Hollister Planning Commission adopted PC Resolution No. 2012-8, recommending approval of an amendment to the Development Agreement between the City of Hollister and the development known as West of Fairview.

G. The Conditions require either (1) that certain improvements be constructed prior to approval of the final map, or (2) that Developer enter into an agreement with the City providing for the future construction of such improvements.

H. On May 17, 2021, the City of Hollister City Council adopted Ordinance No. 1201, approving the second amendment to the Development Agreement between the City of Hollister and the development known as West of Fairview.

I. Developer has submitted plans, specifications and drawings for the improvements entitled “Improvement Plans Tract No. 303 Phase 3, West of Fairview”, prepared by Mackay & Somps Civil Engineers, Inc. (the “Improvement Plans”), which Improvement Plans have been approved by the City Engineer. The original Improvements Plans are on file in the City of Hollister Public Works Department Engineering Division, and are incorporated herein by this reference.

J. City and Developer desire to enter into an agreement providing for the construction and installation of the improvements in accordance with the Improvement Plans.

A G R E E M E N T

NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows:

1. Purpose. The purpose of this Agreement is to guarantee completion of certain improvements in accordance with the Improvement Plans and ensure satisfactory performance by Developer of Developer’s obligations to satisfy the Conditions.

2. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer’s sole cost and expense, all improvements required by the Conditions and/or described in the Improvement Plans (the “Improvements”), in accordance with such plans, all applicable federal, state and local laws, regulations and standards, including without limitation State of California Division of Industrial Safety Construction Orders, and to the satisfaction of the City Engineer in his or her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.”

3. Duty to Maintain Improvements. City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of

the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section 3, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above, Developer shall make available for public use any streets, curbs, gutters, sidewalks or walkways, streetlights, street furniture, storm drain improvements, fire hydrants, and any other facilities intended for general public use, which are installed, altered or affected by the Work, as soon as they can be safely placed in service.

4. Commencement and Completion Date. Developer will notify City in writing at least 24 hours prior to the commencement of the Work. Developer will complete the Work within Eighteen (18) months of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City Engineer in consultation with the City Attorney in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 14 shall remain enforceable throughout the term of the extension.

5. Estimated Cost of Work. The estimated cost of the Work is Ten Million Eight Hundred and Three Thousand Nine Hundred and Ninety-Nine dollars 00/100 ($10,803,999).

Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. The estimated cost of the work is attached hereto as Exhibit B and incorporated by this reference.

6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans.

If, at any time, in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with this Agreement.

7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to approve or accept the Work completed under this Agreement

until such time as all repairs have been completed or have been paid for and required written acceptances have been provided to the City.

8. Foreman or Superintendent. Developer shall give personal attention to the Work.

A competent foreman or superintendent, satisfactory to the City Engineer, in his or her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and approval of the City Engineer. Developer shall provide the City with emergency contact information for the foreman or superintendent prior to commencement of the Work.

9. Examination of Work. All of the Work shall be performed to the satisfaction of the City Engineer in his or her reasonable discretion. The City and its authorized agents shall, at all times during the performance of the Work, have free access to the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. No Work shall be performed without inspection by City. Any Work performed without inspection is subject to rejection by City. All Work shall be performed during the City’s normal working hours and work days. If any Work is planned to be performed during non-working hours or work days, there must be a request made in writing to City at least forty-eight (48) hours in advance. If an inspector is available, Developer shall pay the actual costs for overtime work as provided in Section 10 below. If an inspector is not available, no Work shall be performed.

10. City Improvement Plan Review, Inspection, Administration and Testing.

Developer shall pay to City the actual cost for all improvement plan review, inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Engineering & Inspection Costs”). The estimated cost for City Engineering & Inspection Costs is Four Hundred Sixty Thousand Two Hundred Fifty dollars 36/100 ($460,250.36) (the “Estimated Engineering & Inspection Cost”). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Engineering & Inspection Cost for the payment of the City Engineering & Inspection Costs. In the event that the Estimated Engineering & Inspection Cost is insufficient to cover the actual City Engineering & Inspection Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Engineering & Inspection Costs. The estimated cost for the payment of the City Engineering & Inspection Costs is attached hereto as Exhibit C and incorporated by this reference

11. City Final Map Review. Developer shall pay to City the actual cost for all final map review services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Final Map Costs”). The estimated cost for City Final Map Costs is Nine Thousand Six Hundred Fifty-Two dollars 72/100 ($9,652.72) (the “Estimated Final Map Cost”). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Final Map Cost for the payment of the City Final Map Costs. In the event that the Estimated Final Map Cost is insufficient to cover the actual City Final Map Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Final Map Costs. The estimated cost for the payment of the City Final Map Costs is attached hereto as Exhibit D and incorporated by this reference.

12. Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations, including the Subdivision Ordinance, in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.

13. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Prior to excavating within the public right of way for connections to public utilities, Developer must provide to the City documentation satisfactory to the City Engineer that the providers of such utilities services have agreed to serve the Project.

14. Performance, Labor and Materials and Warranty Security. In accordance with the Subdivision Ordinance and the Subdivision Map Act, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Attorney in accordance with the Subdivision Ordinance.

14.1 Performance Bond. Developer must provide a performance bond or security as described Section 16.24.220 of the City of Hollister Municipal Code to guarantee the construction or installation of the improvements, which the Parties estimate the construction cost, for the purposes of bonding only, to be Nine Million Seven Hundred Sixty Thousand and One Hundred dollars 00/100 ($9,760,100), which is representative of the Construction Cost Estimate established in Section 5 and Exhibit B of this Agreement, minus the PG&E Cost which is not being included for City bonding purposes. The Developer shall furnish and deliver a performance bond concurrently with the execution of this Agreement, which bond must meet the requirements of the City of Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.1, as may be amended, and be acceptable to the City Attorney. The bond shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City upon the date of recordation of the notice of acceptance, a written authorization letter is provided by the City, and upon Developer’s delivery of a Warranty Bond, as described below, or as otherwise allowed by Government Code Section 66499.7. The estimate for the performance bond amount is attached hereto as Exhibit E and incorporated by this reference.

14.2 Labor and Materials Bond. Pursuant to Section 16.24.220 of the Hollister Municipal Code, Developer shall furnish and deliver a labor and materials surety bond in the amount of Nine Million Seven Hundred Sixty Thousand and One Hundred dollars 00/100 ($9,760,100), which is representative of the Construction Cost Estimate established in Section 5 and Exhibit B of this Agreement, minus the PG&E Cost which is not being included for City bonding purposes, concurrently with the execution of this Agreement, which bond must meet the requirements of the Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.2, as may be amended, and be acceptable to the City Attorney. The bond shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain the bond until both (a) the

City accepts or gives final approval to the Work, and (b) the statute of limitations to record a claim of lien under Civil Code section 8410 et seq. has expired. After said date, the bond may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the bond shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the bond shall be released in full by the City Engineer. The estimate for the labor and materials bond amount is attached hereto as Exhibit F and incorporated by this reference.

15. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have an updated engineer’s estimate prepared, the City shall provide written notice to Developer. Developer shall provide such estimate within the timeframe set forth in the City’s notice and shall make such modifications to the estimate as may be reasonably requested by City. Developer shall provide additional security as may be required by the updated engineer’s estimate. If Developer is required to post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to City. The condition of the security shall be that if Developer fails to perform its obligations under this Agreement, the City may, as applicable, use the proceeds or require the sureties to perform the obligations, of the Agreement.

16. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Work, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair in accordance with Section 7 above, Developer will provide City with a written notice of completion, together with copies of all written acceptances as described in Section 7. City, in its sole and absolute discretion, may accept or give final approval to the Work in phases and allow a partial release of the bonds provided under Section 14 above.

18. Final Acceptance.

18.1 Notice of Satisfactory Completion of the Work. Within fifteen (15) days of receipt of Developer’s written notification pursuant to Section 17 above, City Engineer or their designee shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances described in Section 7 have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete, not satisfactory, and/or written acceptances have not been provided, the City Engineer or their designee will list the deficiencies that must be corrected to find the Work and repair

complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer or their designee will send Developer a written notice of satisfactory completion. Prior to acceptance of improvements, Developer shall obtain a written notice of satisfactory completion of the work issued from the City Engineer or their designee. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances.

City Engineer’s failure to respond to Developer’s written notification within fifteen (15) days will not be deemed a breach or default under this Agreement.

18.2 Fees, Documentation, and Agreements Prior to Acceptance of Improvements. Developer shall pay all outstanding fees prior to acceptance of the improvements.

Developer shall provide all documents, including, but not limited to, operations and maintenance manuals and a storm water management plan post construction requirements form, required by the City Engineer prior to the acceptance of the improvements. All agreements, including, but not limited to maintenance agreements, required by the Engineer shall be executed prior to acceptance of the improvements.

18.3 Acceptance of Improvements. After Developer satisfies the requirements for acceptance of the improvements specified in this Agreement, the Developer shall provide a written request to the City to recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council. The acceptance of those Improvements shall be by resolution. Upon adoption of such resolution, the City shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of San Benito County. Title to, and ownership of, all Improvements constructed by Developer under this Agreement within the public right of way, or designated for public use, shall vest in City upon City’s acceptance of such Improvements. Acceptance of the Improvements by the City shall be deemed as final approval of the completed Improvements that are not accepted for ownership by the City.

18.4 Acceptance of Dedications. In conjunction with the recommendation to accept the Improvements, the City Engineer will recommend the acceptance of any offers of dedication shown on the final map for, or separately recorded against, the Property (“Dedicated Property”). The Dedicated Property shall be conveyed free and clear of all liens, encumbrances, assessments and leases (recorded and unrecorded), except items approved by City in writing. City may require Developer to obtain and pay for title insurance in connection with any such approvals of title exceptions.

18.5 Environmental Warranty.

A. As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the Developer to the City of Hollister for the Property, Developer hereby warrants to the City of Hollister that:
(1) Neither the Property to be dedicated nor Developer are in violation of any environmental law, and neither the Property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with any and all applicable environmental laws relating to the Property to be dedicated.
(2) Neither Developer nor any other person with Developer’s permission to be upon the Property to be dedicated, shall use, generate, manufacture, produce, or release, on, under,

or about the Property to be dedicated, any Hazardous Substances, except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material, which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials or substances requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (3) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Property to be dedicated or the migration of any Hazardous Substances from or to any other Property adjacent to, or in the vicinity of, the Property to be dedicated.
(4) Developer’s prior and present use of the Property to be dedicated has not resulted in the release of any Hazardous Substances on the Property to be dedicated.

B. Developer shall give prompt written notice to City of:
(1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substances on the Property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vi cinity of, the Property to be dedicated;
(2) Any claims made or threatened by any third party against City or the Property to be dedicated relating to any loss or injury resulting from any Hazardous Substances; and (3) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Property to be dedicated that could cause the Property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

19. Reversion to Acreage. If Developer fails to perform its obligations under this Agreement, Developer consents to the reversion to acreage of Property pursuant to Government Code section 66499.16 at Developer’s sole cost and expense.

20. Warranty Period.

20.1 Warranty; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the Improvements in accordance with Section 18.3. In the event that vertical construction has not been completed by the end of the one-year warranty period, Developer shall maintain the warranty bond and guarantee the public improvements until such time that all vertical construction has been completed and received a Certificate of Final Occupancy. If, within this period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the Work, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the

necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction plus 25 percent. Developer shall provide a notice of the expiration of the warranty period and submit a request to the City for Final Inspection not less than 45 days prior to the end of the warranty period.

20.2 Warranty Bond. Developer shall furnish and deliver a warranty bond in the amount of ten percent (10%) of the value of the Improvements prior to acceptance and final approval of the Improvements and prior to release of the entirety of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished. The warranty bond shall not be released until (a) all vertical construction has been completed and received Certificate of Final Occupancy, (b) the warranty period has expired pursuant to Section 20.1, and (c) City conducts a Final Inspection of all improvements and provides written authorization to release the bond.

21. Developer Not Agent of City. Neither Developer nor Developer’s contractors, subcontractors, agents, officers, or employees are agents, partners, joint venturers or employees of City and the Developer’s relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

22. Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages, injuries, penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs or expenses of any kind or nature (collectively, “Claims”) arising out of this Agreement, including without limitation Developer’s, or Developer’s contractors’, subcontractors’, agents’ or employees’, acts, omissions, or operations under this Agreement, and the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer’s contractors, subcontractors, agents or employees. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement.

23. Insurance. During the term of this Agreement, Developer shall maintain at its cost and expense the following insurance coverage against Claims, including Claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work and the results of that Work by the Developer, its contractors, agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the City in writing:

23.1 Commercial General Liability (CGL). Developer shall provide or cause to be provided 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 the Project and Property or the general aggregate limit shall be twice the required occurrence limit.

23.2 Automobile Liability Insurance. Developer shall provide or cause to be provided ISO Form Number CA 00 01 covering any auto (Code 1), or if Developer 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.

23.3 Workers' Compensation Insurance. Developer shall provide, or cause to be provided, workers’ compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to maintain workers’ compensation insurance 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. For services deemed public works, by signing this agreement, Developer is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

23.4 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

23.4.1 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 Developer 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 Developer’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of b oth CG 20 10 and CG 20 37 if a later edition is used).

23.4.2 Primary Coverage. For any Claims related to this Agreement, the Developer’s insurance coverage shall be primary insurance 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 Developer’s insurance and shall not contribute with it.

23.4.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

23.4.4 Waiver of Subrogation. Developer hereby grants to City a waiver of any right to subrogation which any insurer of said Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer 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.

23.4.5 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Developer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

23.5 Certificate of Insurance and Endorsements. Developer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the City before the Work commences. However, failure to obtain the required documents prior to the commencement of the Work shall not waive the Developer’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.

23.6 Developer’s Consultants and Contractors. Developer shall include all of their consultants and all prime contractors and subcontractors as insured under its polices or shall furnish separate certificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.

23.7 Higher Limits. If the Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

24. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 14.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.

25. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:

(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work;

(2) Developer assigns the Agreement without the prior written consent of City;

(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer’s insolvency;

(4) Developer or Developer’s consultants, contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement or

(5) There is any delay in the construction of any portion of the Work or

repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.

The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds.

26. Breach of Agreement; Performance by City; Remedies. If the City gives Developer notice, under Section 25, of breach and default of this Agreement, the City may pursue any and all remedies available, including but not limited to, bringing legal action to compel performance of the Work, holding the financial institutions that issued the bonds liable to complete the Work and/or for the cost of the Work and/or proceeding to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. If City completes the Work, Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the bonds shall be liable to City to pay the face amount of the bonds, as specified in this Agreement. As noted above, City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City’s administrative and legal costs. Developer agrees that if legal action is brought by City under this Section of the Agreement, Developer shall pay all of the costs of suit, reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator.

No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.

27. Erosion Control. Developer shall take all necessary actions during the Work to prevent erosion damage and to prevent migration of soil or silt- or sediment-contaminated storm water run-off onto streets or other properties or into creeks, seasonal drainage courses or the public storm drain system. It is understood and agreed that in the event of failure on the part of Developer to prevent erosion or soil migration or storm water contamination, City may implement any and all erosion or storm water protection and/or mitigation measures it determines to be necessary on an emergency basis and Developer shall, within thirty (30) days of receiving notice in writing from the City Engineer, reimburse City for all of City’s actual expenses incurred (including administrative and/or legal expenses) in implementing such erosion protection and/or mitigation measures. If Developer fails to timely reimburse City, City may proceed against the Performance Bond described in Section 14.1 to cover all of City’s actual expenses.

28. Final Drawings. Upon completion of the Work and prior to final acceptance and approval, Developer shall deliver to City a set of “as-built” drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being “as-built” and shall reflect the Work as actually constructed, with any and all changes incorporated therein. The drawings shall be signed and sealed as accurate by the engineer of record.

29. Attorneys’ Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys’ fees, arbitration cost s and such other costs as may be determined by the court or arbitrator.

30. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this Section.

City: CITY OF HOLLISTER
375 Fifth Street
Hollister, California 95023
Attention: City Engineer

Developer:

Richmond American Homes of Maryland,
Inc., a Maryland Corporation
3200 Douglas Boulevard, Suite 110
Roseville, CA 95661
Attention: Trang Tu-Nguyen
Vice President of Land Development

Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California.

31. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property only with the prior written consent of the City.

In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney.

32. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 31. If this Agreement has not been assigned or if the assignment has not been consented to by City, it shall remain binding on Developer.

33. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.

34. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect.

35. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties.

36. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Benito, California, State of California.

37. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

38. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

39. Runs with the Land; Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of San Benito County.

40. Memorandum of Agreement for Home Construction within an Incomplete Subdivision. Developer acknowledges and agrees to all the conditions and requirements set forth in City Council Resolution No. 95-08 and the Memorandum of Agreement attached hereto as Exhibit G and incorporated by this reference. Should any conflict between the terms of this Agreement and the Memorandum of Agreement exist, the terms of this Agreement shall take precedent.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY OF HOLLISTER, a California Municipal Corporation

By:

David Mirrione, City Manager

DEVELOPER: Richmond American Homes of Maryland,
Inc., a Maryland Corporation

By:

Trang Tu-Nguyen
Vice President of Land Development

ATTEST:

Jennifer Woodworth, MMC, CPMC,
City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

NOTE: Developer signature shall be notarized

ACKNOWLEDGEMENTS

STATE OF CALIFORNIA )

COUNTY OF )

On , 2025 before me, ,
(Insert name and title of officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(SEAL)
Notary Public

* * * * * * * * * * * * *
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document

15348-030.S
7/28/2025

P:\15348\_PHASE 3\SRV\Mapping\Plats and Desc\Tract 303-Phase3- Legal Decription.doc

EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF

CALIFORNIA, A PORTION OF THAT CERTAIN PARCEL MAP RECORDED IN SERIES NUMBER 2022-0002352, RECORDED IN BOOK 77 OF MAPS, AT PAGE 86, SAN BENITO COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THE AREAS DESIGNATED ON SAID MAP AS PARCEL 2.

EXHIBIT B

ESTIMATED COST OF WORK

Estimated Cost of
Work
= Public + Private
Improvements
= $ 10,803,999

Estimated Cost of Work = $ 10,803,999

EXHIBIT C

CITY ENGINEERING & INSPECTION COST

Engineering & Inspection Fee = $10,803,999 * 4.26%

= $460,250.36

City Engineering & Inspection Cost = $460,250.36

EXHIBIT D

CITY FINAL MAP COST

City Final Map Cost = $ 6,919.60 + $18.72 per lot
= $ 6,919.60 + ($18.72 * 146 lots)
= $9,652.72

City Final Map Cost = $9,652.72

EXHIBIT E

PERFORMANCE BOND AMOUNT

Performance Bond
Amount
= Estimated Cost of Work
(Section 14.1 of Agreements)

= $ 9,760,100

Performance Bond Amount = $ 9,760,100

EXHIBIT F

LABOR & MATERIALS BOND AMOUNT

Labor & Materials Bond Amount = Estimated Cost of Work
(Section 14.1 of Agreements)
= $ 9,760,100

Labor & Materials Bond Amount = $ 9,760,100

EXHIBIT G

MEMORANDUM OF AGREEMENT

West of Fairview Phase 3 MOA

EXHIBIT G

MEMORANDUM OF AGREEMENT

HOME CONSTRUCTION WITHIN

AN INCOMPLETE SUBDIVISION FOR
WEST OF FAIRVIEW PHASE 3 – TRACT NO. 303

Recitals

WHEREAS, Richmond American Homes of Maryland, Inc., a Maryland Corporation (“Developer”) is the owner of that certain real property located West of Fairview Road and North of Avenida Caesar Chavez, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Numbers 057-710-013 and 057-710-014, as more particularly described in Attachment 1, attached hereto and incorporated herein by this reference (the “Property”); and

WHEREAS, Developer has submitted an application to the City for the development of a Subdivision Map, Conditional Use Permit and Site and Architectural Review to subdivide a total of 31.69 acres into 151 lots, totaling 146 single family residential units and 5 lots for public access and landscaping, subject to all mitigation measures, conditions of approval, and requirements set forth in Ordinance No. 951 adopted October 12, 2000, the Mutual Release and Settlement Agreement entered into on May 3, 2004, Planning Commission Resolution No. 2007-16 adopted June 27, 2007, Planning Commission Resolution No. 2012-8 adopted February 23, 2012, and Ordinance No. 1201 adopted May 17, 2021; and

WHEREAS, the City Council adopted Resolution 95-08 relating to the construction of homes within an incomplete subdivisions (“Policy”); and

WHEREAS, Developer herein agrees to meet the requirements as set forth by the Policy and this Memorandum of Agreement;
Agreement

NOW THEREFORE, to provide for a timely and orderly construction of the Project to the mutual benefit of the City and Developer, Developer herein agrees:

1. Developer shall take full responsibility for the construction scheduling, coordination, and quality of all work on the project, regardless of who performs the work. The designated representative of the developer is Jeffrey R. Randolph until further noticed in writing by the Developer that a change is occurring.

West of Fairview Phase 3 MOA

2. Developer shall install and maintain alarm systems in model homes (Leasing Office) 24-hours a day, 7-days a week. The designated contact representative of the Developer for burglar alarm system is:

Jeffrey R. Randolph, Richmond American Homes (925) 766-7889

3. Developer stipulates that the specific lots upon which early – start construction homes shall be built are Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, an 137, as shown on Attachment 2. All and any revisions to early – start construction home lot locations are subject to City Engineer approval. The developer must submit proposed revisions to the City Engineer for review and approval consideration.

4. Developer stipulates that the specific lots upon which model homes (Leasing Office) shall be built are Lots 107, 108, 110, and 111, with Lot 109 designated as a parking area for the model homes as shown on Attachment 3. Further, the Developer shall obtain approval from the Community Development Planning Division for a Major Temporary Use Permit for the model homes and leasing office.

5. Prior to the issuance of the permit, pad grades shall be certified for compaction by a Civil Engineer or Geotechnical Engineer, and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Geotechnical Engineer shall be duly licensed to perform work in the State of California.

6. Prior to the issuance of a permit, pad grades shall be certified for elevation by a Civil Engineer or Land Surveyor, and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Land Surveyor shall be duly licensed to perform work in the State of California.

7. All utilities crossing and all utility extensions to each model home lot, located within the roadway and public utilities easements, shall be installed and tested.

Utilities include but are not limited to natural gas, electric, cable, telephone, water, sewer, and storm drain.

8. Access to model homes from future streets within the subdivision or from approved alternative access shall not cross the alignment of any future utility to be installed within the subdivision, as determined by the City Engineer.

West of Fairview Phase 3 MOA

9. Fire hydrants shall be located within 500 feet of all combustible materials and be capable of delivering adequate fire flows to the satisfaction of the City Fire Marshal/Chief.

10. Following approval of the Major Temporary Use Permit by the Planning Division for the model home and lease office, and the completion of the final inspection by the Building Inspector and the Public Works Inspector, the Developer may use the model homes for display purposes only.

11. Developer shall furnish to the City security in the amount of 100% of the estimated cost of all on and off-site subdivision improvements to assure the Developer’s faithful performance to complete the subdivision improvements, and to maintain such security until full build-out and completion of early-start construction homes, model homes, and all on and off-site subdivision improvements are completed by the Developer and accepted by the City. Upon acceptance of all improvements by the City Engineer, the Developer may substitute a maintenance bond equal to 10% of the full security amount for one year warranty period.

12. Developer is responsible to maintain and fully repair any and all damage or defects of all on and off-site subdivision improvements until full build-out and completion of early-start construction homes and model homes, and all on and off-site subdivision improvements are completed by the Developer and accepted by the City.

13. Developer shall maintain safe and adequate public access, and meet all ADA requirements, to and from the model homes at all times.

14. Issuance of Final occupancy shall be at the sole discretion of the Building Official or City Engineer if subdivision improvements are determined to be substantially completed by the City within each construction phase. Model homes on Lots 107, 108, 110, and 111 as shown on Attachment 2 may receive Temporary occupancy to be used for display purposes only, until full acceptance of the subdivision improvements by the City. Developer shall maintain safe and adequate public access, and meet all ADA requirements, at all times.

15. Should conditions warrant, due to developer's failure to comply with the provision of this Memorandum of Agreement, building inspection will be withheld and on-site construction shall cease. Examples of conditions which might warrant such withholdings of inspection would be failure to maintain temporary improved accesses, failure to maintain cleanliness of existing streets, persistence of unresolved conflicts between site construction and foundation construction, etc.

West of Fairview Phase 3 MOA

16. Developer agrees to comply with all federal, state, and local regulations.

I hereby certify that I have read this Memorandum of Agreement and understand and agree to all requirements stated within.

Richmond American Homes of Maryland, Inc., a Maryland Corporation

Date:

Trang Tu-Nguyen
Vice President of Land Development

City of Hollister:

Date:

David Mirrione, City Manager

NOTE: Developer signature shall be notarized.

West of Fairview Phase 3 MOA

LEGAL DESCRIPTION
Attachment 1

West of Fairview Phase 3 MOA
Early Start Construction Homes for West of Fairview Phase 3, Hollister, CA Early Start Construction Homes: Lots 1 - 12, 21 – 36, 116 - 137 (50 total residential units) Attachment 2
Early Start Construction Homes Map

West of Fairview Phase 3 MOA
Model Complex Map for West of Fairview Phase 3, Hollister, CA Model Homes: Lots 107, 108, 109 (Model Parking Lot), 110, and 111 Attachment 3
Model Complex Map
Model Homes

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Public Works-2025-44

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF THE WEST OF FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 63 (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 the West of Fairview Phase 3 Subdivision, Tract 303 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 West of Fairview Phase 3 Subdivision will be included in Community Facility District No. 4 under this streamlined process. This is the 63rd project to be annexed to CFD No. 4 since its creation in 2014.

The West of Fairview Phase 3 Subdivision was approved by the planning commission with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 4. The final map that will be recorded includes an owner’s consent statement with regard to their participation with the Community Facilities District No. 4 The developer / owners have each executed a “Unanimous Approval” 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 2025-26 for all parcels of Developed Property in Tax Zone 20 shall be $1,546.27 per single family dwelling unit and $1,237.02 per multifamily dwelling. On July 1, 2026, 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:

June 27, 2007 – Planning Commission approved Tentative Map 2005-1 (PC Resolution 2007- 16)

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 WOF Ph 3 CFD 4

2. WOF Ph 3 CFD 4 Documents_signed

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE WEST OF
FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 FOR THE

ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 4 ANNEXATION NO. 63 (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 Trang Tu-Nguyen, Vice President of Land Development for Richmond American Homes of Maryland, Inc., a Maryland Corporation, 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 West of Fairview Phase 3 Subdivision 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 West Fairview Phase 3 Subdivision” 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 exte nt of this project.

SECTION 2
The map showing the West of Fairview Phase 3 Subdivision, 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, the 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, th e City Clerk

Resolution No. 2025-XX

shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

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 West of Fairview Phase 3 Subdivision 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 West of Fairview Phase 3 Subdivision 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 West of Fairview Phase 3 Subdivision 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 West of Fairview Phase 3 Subdivision for the annexation of Territory into Community Facilities District No. 4, Annexation No. 63 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary 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 August 18, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF HOLLISTER
Community Facilities District No. 4
(Public Facilities $ervices)
Tax Zone No. 2A
August 18, 2A25
To the Honorable City Council,
City of Hollister
375 Fifth Street
Hollister, CA 95023
Members of the City Council:

This constitutes the Unanimous Approval (the "Unanimous Approval") of the record owner(s) (the "Property Owner") of the fee title to the real property identified below (the "Property") contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") to annexation of the Property to the City of Hollister Community Facilities District No. 4 (the "CFD"), and it states as follows:

Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.

Approval of Annexation. This Unanimous Approval constitutes the unanimous approvil and unanimous vote by the Property Owner in favor of the annexation of the Propefi to the CFD.

The CFD was formed to finance the municipal services (the "Services") described in the Notice of Special Tax Lien recorded in the Office of the County Recorder of the County of San Benito, State of California on June 22,2015 at the hour of 10:40 am as Document No. 2015-000591 1 ('CFD No. 4 Notice of Special Tax Lien").

Approva! of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote bythe Property Owner in favor of the levy of special taxes (the "Special Taxes") on the Property to finance the Services according to the Rate and Method of Apportionment of Special Taxes for the CFD attached hereto as Exhibit B and made a part hereof, as supplemented by the Supplement attached hereto as Exhibit C (the "Supplement') and made a part hereof (as supplemented, the "Rate and Method"). Exhibit A includes the cost estimate for the Services.

Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XlllA of the California Constitution. The Property Owner hereby waives all time limits, notices, and procedures that might otheruvise be required in connection with the annexation of the Property to the CFD.

Recordation of Amendment to Notice of Special Tax Lien. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the CFD No. 4 Notice of

1. 2.

3. 4.

5.

6. Special Tax Lien as required by Section 3117 .5 of the California Streets and Highways Code.

The amendment to the CFD No. 4 Notice of Special Tax Lien shall include the Rate and Method as supplemented by the Supplement as an exhibit thereto.

Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property.

Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.

9. The Property. The Property is identified as follows:

7. 8.

10. Voting. As there are less than twelve registered voters within the area designated for this annexation, votes are allocated on a per-acre basis. The votes for and against this annexation area as follows:

Address:

APN:

Acreage:

Total Acres:

Total Votes:

No. of Votes Yes:

No. of Votes No:

Mimosa Street & Marigold Street
457 -71 0-01 3 & A57 -7 10-A14

31.69 31.69
32 32
0 ND,
Narne: Trang Tu-Nguy6n
Title: Vice President of Land Development
Notice Address: 3200 Douglas Boulevard, Suite 1 10
Roseville, CA 95661
(attach acknowledgment by notary)
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No.63
Property Owner:

RICHMOND AMERICAN HOMES OF M
INC., A MARYLAND CORPORATION
By.

EXHIBIT A
Cost Estimate (Fiscal Year 2A25-26):

Cost ltem
Annual Maintenance Costs:

Contingency (3%)
Annual Administrative Costs:

Total Annual Costs
Number of Units
Annual Costs
$zt 7,955 .42
$6,800.00
$1.000.00
$225,755,42
146

EXHIBIT B
City of l{ollister
Community X'acilities District No. 4
Rate and Method of Apportionment of Special Tax
A special tax applicable to each Assessor's Parcel in the City of Hollister Community FacilitiesDistrict No. 4 herein "CFDNo.4" shall be levied and collected according to the tax liability detennined by the Administrator through the application of the appropriate amount or rate for Taxable Property as described below. All of the property in CFO No. 4, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided; including property subsequently annexed to the CFD No. 4 a separate Rate and Method of Apportionment of Special Tax is adopted tbr the annexation area.

A. DEFINTTIONS
The terms hereinafter set forth have the following meanings:
"Accessory Unit" meafis a second residential unit of limited size e.g. granlly cottege second unit that shares a Parcel with a single-f.rmily detached unil. "Acre or Acreage" means the lancl area of an Assessor's Parcel as shown on all A$sessor's Parcel Map or if the land area is not shorvn on fln Assessor's Parcel Map, the land area shor.vn on the applicable Final Map or other recorded County parcel rnap. 'Act" means the Mello-Roos Commun:ity Facilities Act of 1982, as amencled, set fbrth in Chapter 2.5 af divisir:n 2 of title 5 oJ'the Califr:nria Govemment Code. "Administrative Expenses" means the follorving actual or rea$ollably estimated costs clirectly related to the fonnation and adrninistration of CFD No. 4 inclucling but not lirtited to the costs of computing the Special Tax and preparing the annual Special Tax colleclion schedules (u,hether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City or CFD or any clesignee thereof of compl;ring with CFrD or obligated persons disclosure requirements associated rvith the Act. the costs associated rvith preparing Special Tax disclosure statements; lhe costs associalecl r,vith responding to purblic inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual acln:iuisttatiou fces and third party expense$. Aclministrative Expenses shall also irrclutle amounts estinrated or advanced by the City or CFD for any other administrative purposes of the CFD including atlorney's I'ees and other costs related to commencing ancl pursuing an-v foreclosure of delinquent Special Taxes.
"Adrninistrator" rlleans an official of the City,
thereof responsible for deteunining the Special
arrd collection of the Special Tax.
t-lml desiErated b-v- the City, or any designee
Tax Requirement and provicling tor the levy

"Affordable l-Iousing" mears housing as clefined in Section 16.64.025 of the City rnunicipal code (or as amended).
"Assessor" means the County assgssor.
"Assessor's Parcel" or "Parcel" rneans a L:t orparcel shorvn on an Assessor's Parcel Map wilh an assigned Assessor's Paroel Number.
"Assessor's Parcel Map" rneans an official map o1'the County Assessor designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" or "APN" means a unique number assigned to an Assessor's Parcel by the Assessor for purposes of identi$zing a property. "Authorized Senices" means the public serv'ices authorizecl to be funded by the CFD as set forth in the documents adopted by the Council r.vhen the CFD r.vas f,ormed. "Builcling llermit" lne{ilrs a single per:mit or set of permits r:equired to construct an entire resideritial or non-residential stnrcture.
"CFI)" or "CFD No. 4" means the City of Hollister Comnrunity Facilities District No.4. 'CFD Fotmation" nleafls the date on rvhich the Resolurtion of Fomration tr: fomr CFf) No. 4 rvas adopted b5, the City Council.
"City" rneans the Cily of Hollister.
"Cousumer Price Index" ffeans the Consumer Pr:ice lnrlex published by the U.S. Bureau ol Labor Statistics for "All Itenrs" in the San Francisco, Oakland, San Jose Area Urban Wage Eamers and Clerical Workers, flleasured each calenclar year. If this index ceases lo be published, the Consumer Price Index will be another index as deternrined by the CFD Administrutor or City that is reasonably cornparable to the Consumer Price Inclex tbr tlre San Francisco Bay Area.
"Council" Rleans the CitSi Council of the City acting as lhe legisliltive body of CFO No. 4. "County" msan$ the County of San Benito.
"Ccnrdy Recorder" rlsans the County o['San Benito's Ollice of the Recorder. "f)eveloped Property" meails in any Fiscal Year all Parcels of i'axahle Property for which Building Permits have been issuecl on or prior to June I of the prececling Fiscal Year. "Final Subtlivisiort Map" or "Final Map" means a recorcled subdivision map or recordecl parcel map pursLlant to the Subdivision Map Act (Califomia Covemment Code Section 66410,

€t seq.).
"Fiscal Year" means the period staning on.luly 1 and ending on the follorving June 30. "Hotreor.vners Association Property" or "HOA Properly" fiteans a property within the boundaries of the CFD that is owned by. or irrevocable dedicated as indicated in an instrument recorded i,vith the County Recorcler to. a prnperty owner association, incluclitrg an.v nraster or sub-association.
"Land Use Categories" means Single-Family Detached Property, Multi-Family Property, and Non-Residential Property.
"Maximum Special Tax" nteans the maximum Special Tax cleterminecl itr accorclance rvith Section C" that can be levied in any Fiscal Year.
"Multi-Family Property" means in any Fiscal Year, all Parcels of Developed Property for which tsuilding Permits rvere issuecl for construction of a resiclerfial structure consisting of two or more Residerrtial Units that share a corrmon r.vall. "Non-Resiclential Property" means in any Fiscal Year, all Parcels of f)eveloped Property which are not Single-Family Detached Property or Multi-Family Property. Notwithstanding the foregoing, if a Building Pernrit is issued for a structlrre that will include both Residential Units ancl nou-residential uses, the Adrninistrator shall delineate the Land Use C'ategories on the Parrel in order to calculate Special Taxes pursuant to Section C. below. "Proportionately" flrealls lbr Developed Property that the ratio of the actual anlual Special 'Iax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property.

For Undeveloped Property Proportionatel-v means that the ratio ol'the actual annual Special Tax leviecl in any' Fiscal Year to the Maximurn Special Tax aulhorizecl to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property. "Public Property" means for each Fiscal Year (i) any property within the boundaries of the CFD that is orvned by or irrevocably offered for dedication to the federal governlnent , the State of California" the City oI' any other public ager:cy providecl horvever that any property Ieased bya public agency to a private entity and subject to taxation under Section 53340.1 of the Act, (as such section rnay be amended or replaced). shall be taxed and classilled in accordance with its use or (ii) any property within the boundaries of the CIFD that is encumbered by an unmamtetl utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" or "Residential Unit" means (i) Single-Family Detached Properly anrl (ii) Multi-Fermily Property. An Accessory Un:it that shares a Parcel with a single- mily detached urrit shall not be considered a Residential Unit {br purposes of this RMA.

"RMA" means this Rate and Method of Apportionment of Special Tax. "Single-Fanrily Detached Property" rneans in
Propertv for which n Buildirrg Permit(s) rvils
that does not share A conlffion u'all with anotlrer
any- Fiscal Year. all Parcels of Developed
issurect lur consl.ruction of -? Resicler:tial lJnit
Residential L.lnit.
"Special 'l'ax" msaus any tax levied rvithin the CFD to pay the Special Tax ltequirement, "Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay fbrthe following (i) Authorized Services, (ii) Adrninistrative Expenses and (iii) if the Special Tax is not collectecl and apportionecl under the Teeter Plan" an:ounts needed to cure any delinquencies in the paynent of Special Taxes which have occumed or based on delinquency rates in prior years r,vhich may be expectecl lo occur in lhe Fiscal Year in ,,vhich the Special Tax u,ill be collected, (iv) less a credit for the amount of the prior's years tax delinquencies plus penalties and interest collectecl and apportioned to tlie City for the Special Tax.
'Taxable Property" means all Assessors' Parcels within the boundaries of CFD No. 4 that are not exempt from the Special Tax pursuant to lavi. or Section E. below. 'Tax Zone" means a rnutually exclusive geographic area within which fhe Special Tax may be levied pursuant to this RMA. All of the property within CFD No. 4 at the time of CFD Fonnation is within Tax Zane 1. Additional Tax Zones may be created rvhen property is annexed to the CFD and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at lhe time of such annexation. The Assessor's Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by Assessor's Parcel Nurnber in the Unanimous Approval Form that is signed by the owners of the Parcels at the time of annexation.
"Teeter Plan" means the alternative procedure for the distribution of propefiy tax levies on the secured roll made by the County pursuant to Revenue and Taxation Code Sections 4701-4717. "IJnanimous Approval Form" means that form executecl by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner's approval and unanimous vote in favor of amrexing into ilre CFD and the ievy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
"'lJndeveloped Property" rneans in any Fiscal Year all Parcels of Taxablo Proper:ty in CFD No. 4 that are not l)eveloped Properly.

B. ADMINISTRATION OF ANNUAL TAX LEVY
Each Fiscal Year, the Aclministrator shall identif, the current Assessor's Parcel Nurnbers for all Parcels of Taxable Property u,ithin the CFf). The Adrninistrator shall also determine: (i) whelher each Assessor's Parcel of Taxable Property is Develcped Property or Undeveloped Property. (ii) which 'l'ax Zone each Assessor's Parcel is located in, and (iii) the Special 'fax

Requirement fbr the then-current Fiscal Year. In arr.v Fiscal Year if it is determined that: (i) a Final lv{ap or parcel map 1'or a pofiion o{' property in CFD No " 4 u,as recorded aller the last date upon u'hich the Assessor r.vill incorporate tlre rrewly-created parcels into the then current ttx roll, (:iii becar-rse of the clate the Final Map orparcel map wa$ recorded the Assessor does not yet recognize the ner.v parcels created by the Final Map or parcel rnap, and (iii) one or more o1' the ne'uvly-created parcels meets the definition of Developed Property, the Adrninistrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each ner.vl.v-created Parcel then applying the surn of the individural Special Taxes tn the parcel that was subdividecl by recordation of the Final Map or pilrcel map.

C. MAXIMI.JM SPEC]IAL'fAX
See supplenrental sheet.

D. METI-IOD OF LEVY AND COLLECTION OF SPEC]IAL TAXHS
Each Fiscal Year the Adrninistrato:: shall detenuine the Special Tax Requiremenl lbr that Fiscal Year ancl levy the Special Tax on all Parcels of Taxable Property as fullows:

Step 1: The Special'llax shall be levied proportionatelyon eaoh Parcel of Developecl Properfy up to lA0oA of the Maximum Special Tax for each Parcel frrr suuh Fiscal Year until the amount levied is equal to the Special Tax Requirernent.

Step 2: tf aclclitional r'$venu&
proportionately on each Parcel of
Special Tax lor each Parcel lbr such
the arnount ler,,ied pursuant to Step I
is neeclecl afler Step I. the Special 'l'ax shall he ler,,iecl lJndeveloped Propefiy LIp to 100;.,i, ol' the fufsrxirruur Fiscal 1ear until the ilm*unt lerried rvhen combinecl rvith is equal ttl the Special 'l'ax Requirenrerrt.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem properly taxes provided, however; that the City may (under the authority of Government Clode Section 53340) collect Special Taxes at a different time or ina different manner if necessary to n:eet the financial obligations of the CFD, and the Special Tax shall be equally subject to foreclosure if delinquent.

H. EXEMP"I'IONS
Notwithstanding any other pror.ision of this RMA no Special Tax shall be levied on Parcels of Public Property except as otherwise pr:ovicled iu the Act.

F" INTERP]IEIIATION OF SPECIAL TA,X FORMIJLA
The City reserves the right to make nrinor administratirre and technical changes to these docunrents that do not nraterially affect the rate and method of apportioning Special Taxes.

In addition the interpretation ancl application of any section of this documenl shall be left to

the City's discretion. Interpretations rxay be made by the City by resolution or orclinance of the Courcil lbr purposes of clarilying any vagueness or ambiguity in tiris RMA.

G. TERM OF T}IE SPECIAL TAX
The Special Tax shall be levied in perpetuity, as long as the Authorized Services are provided by the City, as necessary to pay the Special Tax Requirement.

EXHIBIT C

CITY OF HOLLISTER
Community Facilities District N o. 4
SUPPLEMENT NO.63
(TAX ZONE 20)
TO

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
This Supplement No.
-
(Tax Zone 20) to the Rate and Method of Apportionment of Special Tax (this "Supplement") supplements the Rate and Method of Apportionment of Special Tax (the "Existing Rate and Method") for the "City of Hollister Community Facilities District No. 4") (the "CFD") as it applies to the property designated as Tax Zone No. 20 (the "Tax Zone")that is being annexed to the CFD for the purpose of financing the maintenance of public improvements as adopted in Resolution No. 2014-143 by the Council of the City of Hollister, which approved a Resolution of Formation to establish the City of Hollister Community Facilities District No. 4.

This Supplement supplements the Existing Rate and Method by adding new Sections C.1, C.2 and C.3 as described below. Sections C.1-C.3 of the Existing Rate and Method shall not apply to the Tax Zone. Except as expressly set forth in this Supplement, all provisions of the Existing Rate and Method shall govern the Tax Zone.

Capitalized terms that are used but not defined in this Supplement have the meaning given them in the Existing Rate and Method.

C. MAXIMUM SPECIAL TAXES
Developed Property
The Maximum Special Tax for Fiscal Year 2025-26 for all Parcels of Developed Property within Tax Zone 20 shall be:

Residential Propertv

1. Single-Family Property
Multi-Family Property
Non-Residentia I Property
$1,546 .27 per Unit
$1 ,234.A2 per Unit
$8,199 .79 per Acre

2. 3.

Undeveloped Property
The Maximum Special Tax for Fiscal Year 2O25-26 for all Parcels of Undeveloped Property within Tax Zone 20 shall be: $8,199.79 per Acre.

Escalation of Maximum SpecialTax
On July 1, 2026 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Consumer Price Index. The maximum increase in any FiscalYear may not exceed 4.Oo/o.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Public Works-2025-45

AGENDA ITEM: A RESOLUTION APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 26 (POLICE AND FIRE 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 the West of Fairview Phase 3 Subdivision, Tract 303 into CFD#5.

DISCUSSION: On June 18, 2018, the Council of the City of Hollister passed, approved and adopted Resolution No. 2018-197, establishing the formation of Community Facilities District No. 5 (“CFD No. 5” or the “District”). Per the Resolution of Formation of CFD No. 5, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District are described as follows:

Police protection services to protect and safeguard life and property and fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression and police equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both, to the extent that they are in addition to those provided in the territory of the District before the District was created.

In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Community Facilities District (CFD) at specia l tax rates sufficient to fund maintenance to the annexed area and with the unanimous approval of property owners in the area to be annexed. This change introduced an economical, streamlined and creative solution to providing public services for development projects.

The West of Fairview Phase 3 Subdivision will be included in Community Facility District No. 5 under this streamlined process. This is the 26th project to be annexed to CFD No. 5 since its creation in 2018.

The West of Fairview Phase 3 Subdivision was approved by the planning commission with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 5. The final map that will be recorded includes an owner’s consent statement with regard to their participation with the Community Facilities District No. 5 The developer / owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 5, and the special taxes collected by CFD No. 5 will pay for Police and Fire Services for the subdivision. 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 2025-26 for all parcels of developed property which may be levied is $990.44 per single family unit and $811.52 per multifamily unit.

On July 1, 2026, and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION:

June 27, 2007 – Planning Commission approved Tentative Map 2005-1 (PC Resolution 2007- 16)

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 WOF Ph 3 CFD 5

2. WOF Ph 3 CFD 5 Documents_signed

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE WEST OF
FAIRVIEW PHASE 3 SUBDIVISION, TRACT 303 FOR THE

ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES
DISTRICT NO. 5 ANNEXATION NO. 26 (POLICE AND FIRE SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 5 (Police and Fire 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 Trang Tu-Nguyen, Vice President of Land Development for Richmond American Homes of Maryland, Inc., a Maryland Corporation, which constitutes a portion of the future annexation areas, 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 West of Fairview Phase 3 Subdivision 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 West of Fairview Phase 3 Subdivision” to Community Facilities District No. 5 of the City of Hollister (Police and Fire Services) which map indicates by a boundary line the extent of the territory included in Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the West of Fairview Phase 3 Subdivision, 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, the City Clerk shall endorse the certificate evidencing the date a nd 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

Resolution No. 2025-XXX

a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

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 West of Fairview Phase 3 Subdivision. 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 West of Fairview Phase 3 Subdivision 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 with in the West of Fairview Phase 3 Subdivision 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 West of Fairview Phase 3 Subdivision for the annexation of Territory into Community Facilities District No. 5, Annexation No. 26 (Police and Fire Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2025-XXX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 18, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF HOLLISTER
Community Facilities District No. 5
August 18, 2425
To the Honorable City Council,
City of Hollister
375 Fifth Street
Hollister, CA 95023
Members of the City Council:

This constitutes the Unanimous Approval (the "Unanimous Approval") of the record owner(s) (the "Property Owner") of the fee title to the real property identified below (the "Property") contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") to annexation of the Property to the City of Hollister Community Facilities District No. 5 (the "CFD"), and it states as follows:

1. Property Owner. This UnanimousApproval is submitted bythe Property Owneras the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.

Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD.

The CFD was formed to finance the municipal services (the "Services") described in the Notice of Special Tax Lien recorded in the Office of the County Recorder of the County of San Benito, State of California on September 1 1 , 2018 at the hour of 11:22 am as Document No. 2018- 0008292 ('CFD No. 5 Notice of Special Tax Lien").

Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the "Special Taxes") on the Propefty to flnance the Services, according to the Rate and Method of Apportionment of Special Taxes (the "Rate and Method") for the CFD attached hereto as Exhibit B and made a part hereof. Exhibit A includes the cost estimate for the services.

Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XlllA of the California Constitution. The Property Owner hereby waives all time limits, notices, and procedures that might otherwise be required in connection with the annexation of the Property to the CFD.

Recordation of Amendment to Notice of Special Tax Lien. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the CFD No. 5 Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the CFD No. 5 Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

2. 3.

4. 5.

6.Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property.

Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the city about the special raxes to purchasers of the Property or any part of it.

Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.

L The Propetty. The Property is identified as follows:

Address: Mimosa Street & Marigold StreetAPN: A57-710-013 &057-710-014Acreage: 31.69

10. Voting. As there are less than twelve registered voters within the area designated for this annexation, votes are allocated on a per-acre basis. The votes for and against this annexation area as follows:

7. 8.

Total Acres:

Total Votes:

No. of Votes Yes:

No. of Votes No:

31.69 32
32 0
Property Owner:

RICHMOND AMERICAN HOMES OF MARYLAND,
Narne:

Title: Vice President of Land Development
Notice Address: 3200 Douglas Boulevard, Suite 1 10
Roseville, CA 95661
(attach acknowledgment by notary)
By executing this Unanimous Approval, the Propefi Owner agrees to all of the above.

Annexation No.26
D CORPORATIONtNC., A MAR

EXHIBIT A

Cost Estimate (Fiscal Y ear 2025-261
The proposed maximum special tax for developed and undeveloped property which may be levied during Fiscal Year 2025-26 is:

Escalation of the Maximum Special Tax:

Each year, the amount to be charged to reach residential unit shall be established by taking the base amount and adjusting it by the change in the CPI for each subsequent year following tne base year, The CPI shall be determined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price lndexes, Paciflc Cities and U.S. City Average, San Francisco-Oakland- San Jose from December 1 ,202A, to the December 1 next preceding the Fiscal Year of Special Tax Levy.
ln any year, the Special Tax shall not be deemed to have been increased within the meaning of the Ralph M. Brown Act (section 54954.6 of the California Government Code) or other relevant provisions of state law if the amount of the increase is not more than pro rata to the increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Prices lndexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-San Jose from February to the February 1 next preceding the Fiscal Year of Special Tax Levy.

Land Use Class Description Fiscal Year 2025126
Maximum Special Tax per Unit
1 Residential Property $990 .44 per Unit
2 Multi-Family Property $81 1 .52 per Unit
No Tax for Undeveloped Property
No Tax for Tax-Exempt Property

Exhibit B
City of Hollister
COMMUNITY FACILITIES DISTRICT NO. 5
(Police & Fire Services)

RATE AND METHQD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in the City of Hollister Community Facilities District No. 5 (Police & Fire) shall be levied and collected according to the tax liability determined by the City or its designee, through the application of the appropriate amount or rate for Taxable Property, as described below. AII of the property in the CFD, unless exempted by law or as defined below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to the CFD.

A.DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accessory Unit" means a second residentia! unit of limited size (e.9. granny cottage, second unit) that shares a Parcel with one residential dwelling unit. "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel map, or if the land area is not shown on an Assessor's Parcel map, the land area shown on the applicable Final Map or other parcel map recorded with the County.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Division 2 of Title 5 of the California Government Code.
"Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of the CFD including but not limited to the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes, the costs to the City or CFD or any designee thereof of complying with CFD or City disclosure requirements, the costs associated with responding to public inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual administration fees and third party expenses. Administrative Expenses sha!! also include amounts estimated or advanced by the City or CFD for any other administrative purpose of the CFD including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.

"Administrator" means the person or firm designated by the City to administer the Special Taxes according to this RMA.
"Airspace Parcel" means a parcel with an assigned Assessor Parcel Number that constitutes vertical space of an underlying land parcel "Assessor's Parce!" or "Parcel" means a lot or parcel, including an Airspace Parcel, shown on an Assessor's Parcel Map with an assigned Assessor's Parcet Number. "Assessor's Parcel Map" means an official map of the County assessor designating parcels by Assessor Parcel Number.
"Assessor's Parcel Number" or "APN" means a unique number assigned to an Assessor's Parcel by the assessor for purposes of identifying a property. "Authorized Services" means those public services authorized to be funded, in whole or in part, by the CFD as set forth in the documents adopted by the Council when the CFD was formed.
"Building Permit" means a single permit or set of permits required to construct an entire residential structure or mixed use structure. lf a permit is for a foundation, parking, landscaping or other related facility or amenity, but a building permit has not yet been issued for the structure served by these facilities or amenities, such permit shall not be considered a "Building Permit" for purposes of application of the Special Tax. "CFD" or .'CFD No. 5" means the City of Hollister Community Facilities District No. 5 (Police & Fire).
"Gity" means the City of Hollister.
n'Consumer Price Index" means the Consumer Price Index published by the U.S.

Bureau of Labor Statistics for "All ltems" in the San Francisco-Oakland-San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. lf this index ceases to be published, the Consumer Price lndex will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price lndex for the San Francisco Bay Area.
"Council" means the City Council of the City of Hollister, acting as the legislative body of CFD No. 5.
"Gounty" means the County of San Benito.

"Developed Property" means, in any Fiscal Year, all Parcels of Taxable Property, excluding Property Owners Association Property and Public Property, for which a Building Permit was issued prior to June 1 of the preceding Fiscal year. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the greatest amount of Specia! Tax that can be levied on an Assessor's Parcel in any Fiscal Year determined in accordance with Section C below.
"Multi-Family Property" means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more residential units that share a common wall. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a non-residential use and does not contain any residential units as defined under Residential Property or Multi-Family Property. "Property Owners Association Property" means any property within the boundaries of the CFD that is owned in fee or irrevocably dedicated as indicated in an instrument recorded with the County to, a property owners association, including any master or sub-association.
"Proportionately" means, that the ratio of the actual Special Tax Ievied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for allAssessor's Parcels within each Land Use Class.
"Public Property" means any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, State of California, County, City, or other loca! governments or public agencies. "RMA" means this Rate and Method of Apportionment of Special Tax. "Residential Property" means all Assessor's
building permit has been issued for purposes
unit.
"Special Tax" means a special tax levied in
Requirement.

Parcel of Developer Property for which a
of constructing one residential dwelling
any Fiscal Year to pay the Special Tax
"Specia! Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts

needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected; less any surplus of funds available from the previous Fiscal Years Special Tax levy, as determined by the City. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD which are not exempt from the Special Taxes pursuant to taw or as defined herein. "Tax-Exempt Property" means all Assessor's Parcels not subject to the Special Tax.

Tax-Exempt Property includes: (i) Public Property, (ii) Property Owners Association Property and (iii) Non-Residential Property.
"Undeveloped Property" means, in any Fiscal Year, all Parcels of Taxable Property not classified as Developed Property.
"Unit" means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. An Accessory Unit that shares a Parcel with Residential Property shall not be considered a separate Unit for purposes of this RMA.

DATA FOR ADMINISTRATION OF SPECIAL TAXES
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD. Atl Taxable Property within the CFD shall be classified as Developed Property or Undeveloped Property. Developed Property shall be further assigned to a Land Use Class as specified in Table 1 and be subject to the Special Tax pursuant to Section C and Section D below.
ln any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the assessor does not yet recognize the new parcels created by the parcel map, and (iii) a building permit was issued prior to June 1 of the prior Fiscal Year for development on one or more of the newly-created parcels, the Administrator shall calculate the Special Taxes separately for Developed Property and Undeveloped Property within the subdivided area, then levy the sum of these two amounts on the master Parcel that was subdivided by recordation of the parcel map.

B.

C. MA)(IMUM SPECIAL TAXES

1. Developed Property
Table 1
Maximum Special Tax for Developed Property
CFD No. 5
Land Use Class Description
Fiscal Year 2018 l19
Maximum SpecialTax per Unit
L Residentia I Property S 775.00
2 Multi-Family Property $ G35.oo
n" Beginning July 1,2019 and each July l thereafter, the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the increasg if any, in the Gonsumer Price lndex that has occurred from December of the prior Fiscat Year to December of the then-current Fiscal Year. Each annual adjustment of the Maximum Special Tax shall become effective on the subseguent Juty 1, without additional action by the City Council.

2. Undeveloped Property; Tax Exempt Property
No Special Tax shall be levied on Undeveloped Property or Tax Exempt Property.

D. METHOD OF LEVY OF THE SPECIAL TN(ES
Commencing with Fiscal Year 2A18119, and for each following FiscalYear, the City shall levy the Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Developed Property Proportionately up to 100% of the applicable Maximum Special Tax.

E. MANNER OF COLLECTION OF SPECIAL TAX
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Special Taxes through foreclosure or other available methods.

G. TERM OF SPECIAL TAX
The Special Tax shall be levied in perpetuity, as long as the Authorized Services are provided by the city, as necessary to pay the special rax Requirement.

H- INTERPRETATION OF SPECIAL TAX FORMULA
The City may interpret, clarify, and revise this RMA to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance, that does not create a material adverse effect on the levy and collection of the Special Taxes.

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Fire-2025-17

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT WITH SOUTH BAY REGIONAL PUBLIC SAFETY

TRAINING CONSORTIUM

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

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

DISCUSSION: The Hollister Fire Department is requesting to renew a contract with SBRPSTC for their use of the Hollister Fire Training Facility located at 2690 San Juan Hollister Rd. at the Wastewater Treatment Plant. This will allow SBRPSTC to host hands-on classes at the training facility.

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

They facilitate training courses through local colleges, which provide funding for training opportunities to the department. Partnering with SBRPSTC for the use of facilities has enabled the Hollister Fire Training Facility to apply for authorization as a testing facility by the California State Fire Training. If approved, this would enable Hollister Fire personnel to take classes, conduct tests, and receive certifications locally through the state, without requiring them to travel outside the area for testing. The facility is currently under review by California State Fire Training through its partnership with SBRPSTC.

This contract seeks to extend the previous terms through June 30, 2026.

FISCAL IMPACT: There is potential to increase revenue, which could be used to offset training costs. The usage of both SBPSTC and the participation in training by Hollister Fire personnel will determine the actual impact.

PREVIOUS COUNCIL OR COMMISSION ACTION: On December 2, 2024, the City Council of the City of Hollister approved Resolution 2024-188, which included the same terms of this contract for a period from January 1, 2025, through June 30, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Contract

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT

WITH SOUTH BAY REGIONAL PUBLIC SAFETY TRAINING

CONSORTIUM

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

WHEREAS, South Bay Regional Public Safety Training Consortium currently offers classes and utilize the Hollister Training Tower; and

WHEREAS, South Bay Regional Public Safety Training Consortium compensates the City of Hollister for the use of the Hollister Training Tower; and

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

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

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

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary 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 August 18, 2025, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

South Bay Regional Public Safety Training Consortium
3095 Yerba Buena Road, San Jose, CA 95135  Phone (408) 270-6458  Fax (408) 238-0286

A Consortium of Community Colleges Dedicated to Innovative Public Safety Training http://www.theacademy.ca.gov

MEMORANDUM OF UNDERSTANDING

SITE USE AGREEMENT
This Memorandum of Understanding (“MOU”), entered into this 1st day of August, 2025, is by and between the City of Hollister, a municipal corporation (“City”), and the South Bay Regional Public Safety Training Consortium (“SBRPSTC” or “Consortium”), and shall be effective on the date it is fully executed through June 30, 2026.

A. Purpose of the MOU:

The primary purpose of this MOU is to reflect the mutual intent of the parties to establish an agreement related to the City of Hollister Fire Department (“Agency”) providing department training facilities for the South Bay Regional Public Safety Consortium, a California State Fire Accredited Regional Training Program (“ARTP”) to conduct Fire training, pursuant to a partnership between the parties.

B. Statement of Mutual Benefit and Consideration to Support this MOU:

The parties believe that their collaborative and cooperative efforts will create a reduction of redundancies, containment and recovery of respective costs, and increased efficiencies in business operations.

C. Scope of Agreement:

1. Whereas, per State Fire Training guidelines, ARTPs must provide or arrange for the facilities and equipment necessary to support the fire training program, to include computers, apparatus, tools, simulations, supplies, and equipment, relevant and available in sufficient quantity and quality; and,

2. Whereas, in addition, such arrangements are clearly stated in a signed, written agreement when an agency or institution other than the ARTP provides resources for the fire training program. The ARTP adds these written agreements to the appendices of its self-assessment report. This MOU shall serve as the agreement for the City of Hollister Fire Department to provide training facilities to SBRPSTC for Fire training; and,

3. Whereas, the ARTP must ensure that access to classrooms, training towers, burn rooms, and storage facilities are sufficient in quantity and quality to meet the program's needs and objectives; and,

2 4. Whereas, Hollister Fire Department is within SBRPSTC's ARTP region and has the training facilities required for SBRPSTC to conduct Fire training; and,

5. Whereas, SBRPSTC has the structure and systems in place to facilitate the employment, compensation and subsequent contracting of Fire Instructors, Coordinators, and Skills Evaluators.

6. Agency agrees to permit the Consortium to schedule use of City training facilities to conduct fire training at an “in kind” rate of $400.00 for a four-hour period, for anything over four hours the Consortium would be charged $900.00.

7. In exchange, the Consortium agrees to deposit “in kind” funds into the Agency’s training credits account, to be used for Agency employees to attend training classes, pay for South Bay Consortium course fees, pay for outside instructors, or purchase training equipment or instructional materials.

Therefore, the Agency and SBRPSTC hereby agree as follows:

1. The Agency agrees to allow SBRPSTC to use the Agency’s training facilities to conduct Fire training.

2. SBRPSTC will schedule Fire training in advance and coordinate with the Agency as to dates, times, and facility needs.

3. SBRPSTC will provide equipment and training aids in sufficient quantity and quality to meet the program's needs and objectives.

4. SBRPSTC will ensure that all personal protective clothing, apparatus, and equipment are properly maintained and readily accessible to the instructor cadre and student population.

5. SBRPSTC will ensure that there are sufficient expendable supplies in order to meet the program's needs.

D. Damage To City Property:

SBRPSTC shall promptly pay for or restore any damage to City property caused by SBRPSTC and arising out of the performance of this MOU, upon receipt of written notice or invoice. SBRPSTC shall not use City premises, property (including equipment, instruments, and supplies) or personnel for any purpose other than specified under this MOU.

E. Proof of Insurance:

SBRPSTC shall, at its own expense, maintain a program of self-insurance for general liability coverage in the amount of at least two million dollars ($2,000,000) per occurrence and in the aggregate and statutory California workers’ compensation coverage. This coverage shall remain in force during the entire term of this MOU. Proof of General Liability Insurance shall be provided to the City with an endorsement naming the City, its elected and appointed officials, officers, attorneys, agents, and employees as additional insureds with regard to liability and defense of lawsuits or claims arising out of or related to this MOU. The “Additional Insured Endorsement” shall be on a form subject to approval by the City; shall provide that the insurance is

3 primary and any other insurance maintained by the City shall not contribute with this primary insurance; and shall provide that the policy shall not be canceled or coverage suspended, voided, reduced or allowed to expire until thirty (30) days prior written notice to City.

F. Hold Harmless:

SBRPSTC will indemnify and hold harmless the City, its officials, officers, employees, and agents from any claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to SBRPSTC use of City facilities under this MOU, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. The sole exception to SBRPSTC's indemnification and hold harmless obligations under this provision shall be for the City’s active negligence or willful misconduct.

G. Mediation and Arbitration Clause:

In the event that any disputes arise out of or are related to this MOU involving the Agency and SBRPSTC, such shall first attempt to be resolved by good faith negotiations between the parties with the assistance of non-binding mediation.

H. Prior Agreements and Amendments
This MOU, including all exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may only be modified by a written amendment duly executed by the parties to this MOU.

I. Amendments:

Any amendments to this MOU shall be in writing and signed by both parties.

J. Notice:

Any notice, demand, request, consent, or approval of communication that either party desires shall be given to the other party in writing and either served personally, or by first-class mail or email.

K. Termination of Agreement
Either party may, at any time after execution of this MOU, terminate this MOU, in whole or in part, for the convenience of the parties by giving a minimum of 30 days’ written notice specifying the effective date and scope of such termination.

SIGNATURE PAGE FOLLOWS

4 Witness the full execution hereof on the dates written below:

CITY OF HOLLISTER SOUTH BAY REGIONAL PUBLIC SAFETY

TRAINING CONSORTIUM

David Mirrione, City Manager

[NAME], President

Date: ______________________________

Date: _______________________________

APPROVED AS TO LEGAL FORM:

Mary Lerner, City Attorney

ATTEST:

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Fire-2025-20

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A

RENEWAL CONTRACT FOR DISPATCHING SERVICES WITH SANTA CRUZ REGIONAL 911

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

RECOMMENDED ACTION: Adopt the resolution and authorize the City Manager to sign the renewal contract for services with SCR911.

DISCUSSION: The City of Hollister contracts with SCR 9-1-1 to provide emergency dispatch services for Police, Fire, and Public Works. These services are vital to the City’s public safety operations and are delivered through a formal service agreement, typically structured on a three-year term.

During the most recent renewal process, City staff identified inconsistencies in billing related to the contracted services. Staff engaged with SCR 9 -1-1 to review and reconcile these discrepancies. Following this review, the City’s billing has been corrected and is now aligned with the terms of service.

FISCAL IMPACT: For Fiscal Year 25/26, the cost of the services is $1,410,511.

PREVIOUS COUNCIL OR COMMISSION ACTION: The last contract was executed on April 21, 2022, and was effective until June 30, 2025.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Contract

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO SIGN A RENEWAL
CONTRACT FOR DISPATCHING SERVICES WITH SCR911.

WHEREAS, the City of Hollister currently contracts with Santa Cruz Regional 911 for Police and Fire dispatching services; and

WHEREAS, the services have been provided since 2010 and the most recent contract ended June 30, 2025; and

WHEREAS, the SCR911 Board had approved a new contract extending the services for 3 more years starting on July 1, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to sign a renewal contract for Dispatching Services with SCR911.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary 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 August 18, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # Public Works-2025-46

AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN CITY OF HOLLISTER, COUNCIL OF SAN BENITO

COUNTY GOVERNMENTS, COUNTY OF SAN BENITO, AND CITY OF SAN JUAN

BAUTISTA FOR A TRAFFIC IMPACT MITIGATION FEE STUDY

DEPARTMENT: Public Works
DEPARTMENT HEAD: William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director

RECOMMENDED ACTION: Adopt a resolution approving a Memorandum of Understanding (MOU) between City of Hollister, Council of San Benito County Governments, County of San Benito, and San Juan Bautista for a Traffic Impact Mitigation Fee Study.

DISCUSSION: SBCOG, the County, Hollister, and San Juan Bautista (Parties) are participants in a collaborative effort to update and fund a Traffic Impact Mitigation Fee Study. SBCOG represents the regional transportation interests of the San Benito County region and will be responsible for leading the procurement process to hire a technical consultant and for managing the study update work in cooperation with local agency staff participating in a study update working group. The working group will be established by SBCOG staff and include representatives from each participating agency.

The working group will be involved in the procurement process and will provide feedback to the consultant team on all deliverables produced as part of the study update. The selected consultant will prepare a TIMF Nexus Study Update that will serve as the basis for continuing to require impact fees under AB 1600 legislation, as codified by California Code Government Section 66000 et seq. The established procedures under AB 1600 require that a "reasonable relationship", or nexu s, exists between the traffic infrastructure improvements required to mitigate the traffic impacts and the proposed development project that creates those impacts. The last comprehensive TIMF Nexus Study was completed in 2016, with a minor amendment completed in 2019.

The purpose of this MOU is to define the rights and responsibilities of the Parties concerning the selection of a consultant and the Parties respective cost sharing responsibilities concerning the completion of a Traffic Impact Mitigation Fee (TIMF) study.

This partnership ensures that each agency has a voice in the study and that growth in the county is managed in a way that improves traffic for all.

FISCAL IMPACT: Proportional cost-sharing of the study will involve Hollister and the County each contributing 47.5% towards the cost of the consultant contract, while San

Juan Bautista will contribute the 5% balance to fully fund the consultant contract. The actual cost will be determined depending on the methodology proposed by the Consulting firms in their proposals; estimated total between $100,000 and $200,000 with a goal of under $150,000. The City of Hollister will be utilizing Traffic Impact Fees for its proportional share of the study.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: This activity is not a project pursuant to California Environmental Quality Act Statute Section 21065 and Guidelines Section 15378(b)(5), as it is an administrative activity of government that will not result in direct or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS:

1. Resolution

2. Memorandum of Understanding

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF HOLLISTER, SAN BENITO COUNCIL OF GOVERNMENTS,

COUNTY OF SAN BENITO, AND THE CITY OF SAN JUAN BAUTISTA

FOR A TRAFFIC IMPACT MITIGATION FEE STUDY

WHEREAS, City of Hollister, San Benito Council of Governments, County of San Benito, and the City of San Juan Bautista (Parties) are participants in a collaborative effort to update and fund a Traffic Impact Mitigation Fee Study; and

WHEREAS, San Benito Council of Governments (SBCOG) represents the regional transportation interests of the San Benito County region ; and

WHEREAS, SBCOG will be responsible for leading the procurement process to hire a technical consultant to prepare a Traffic Impact Mitigation Fee Nexus Study Update (Study) that will serve as the basis for continuing to require impact fees under AB 1600 legislation, as codified by California Code Government Section 66000 et seq; and

WHEREAS, a working group will be established by SBCOG staff and include representatives from each participating agency to participate in the procurement process; and

WHEREAS, the Memorandum of Understanding defines the rights and responsibilities of the Parties concerning the selection of a consultant and the Parties' respective cost sharing responsibilities concerning the completion of the Study.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves the Memorandum of Understanding between the City of Hollister, San Benito Council of Governments, County of San Benito, and the City of San Juan Bautista for a Traffic Impact Mitigation Fee Study.

Resolution No. 2025-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2025-XXX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on August 18, 2025 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

MEMORANDUM OF UNDERSTANDING BETWEEN

COUNCIL OF SAN BENITO COUNTY GOVERNMENTS, COUNTY OF SAN

BENITO, CITY OF HOLLISTER, AND CITY OF SAN JUAN BAUTISTA

This Memorandum of Understanding by and between the Council of San Benito County Governments (“SBCOG”), the designated Regional Transportation Planning Agency for San Benito County; County of San Benito (“County”), a political subdivision of the State of California; the City of Hollister (“Hollister”), a municipal corporation; and City of San Juan Bautista (“San Juan Bautista”), a municipal corporation (SBCOG, County, Hollister, and San Juan Bautista are collectively hereinafter referred to as “the Parties” and individually as “Party”) is entered into on this 21 day of August 2025 for the preparation of the San Benito County Traffic Impact Mitigation Fee (TIMF) Program (“MOU”).

BACKGROUND AND PURPOSE OF MOU
A. SBCOG represents the regional transportation interests of the San Benito County region.

B. The selected consultant will prepare a TIMF Nexus Study Update (the “Study”) that will serve as the basis for continuing to require impact fees under AB 1600 legislation, as codified by California Code Government Section 66000 et seq.

The established procedures under AB 1600 require that a "reasonable relationship", or nexus, exist between the traffic infrastructure improvements required to mitigate the traffic impacts and the proposed development project.

The last comprehensive TIMF Nexus Study was completed in 2016, with a minor amendment completed in 2019.

C. SBCOG will be responsible for leading the procurement process to hire a technical consultant and managing the study update work, in cooperation with local agency staff participating in a study update working group.

D. A working group for the study update will be established by SBCOG staff and include representatives from each participating agency. The working group will be involved in the procurement process and will provide feedback to the consultant team on all deliverables produced as part of the study update.

E. SBCOG, the County, Hollister, and San Juan Bautista are participants in a collaborative effort to update and fund the Study. Proportional cost-sharing of the study will involve Hollister and the County each contributing 47.5% towards the cost of the consultant contract, while San Juan Bautista will contribute the 5% balance to fully fund the consultant contract.

F. This purpose of this MOU is to define the rights and responsibilities of the Parties concerning the selection of a consultant and the Parties respective cost sharing responsibilities concerning the completion of the Study.

THEREFORE, SBCOG, the County, Hollister, and San Juan Bautista hereby agree as follows:

AGREEMENT

1. The County will contribute 47.5% of the total cost associated with the preparation of the Study. County will make payment to SBCOG no later than 30 days after a consultant for the Study has been selected and terms of the agreement have been agreed to by SBCOG and the consultant. SBCOG shall provide County with notice of the agreement and an invoice for the County’s share of the total cost for the Study. The County acknowledges that SBCOG will not issue a Notice to Proceed (“NTP”) to the consultant until the County’s share of funds have been received by SBCOG.

2. Hollister will contribute 47.5% of the total cost associated with the preparation of the Study. Hollister will make payment to SBCOG no later than 30 days after a consultant for the Study has been selected and terms of the agreement have been agreed to by SBCOG and the consultant. SBCOG shall provide Hollister with notice of the agreement and an invoice for the Hollister’s share of the total cost for the Study. Hollister acknowledges that SBCOG will not issue a NTP to the consultant until Hollister’s share of funds have been received by SBCOG.

3. San Juan Bautista will contribute 5% of the total cost associated with the preparation of the Study. San Juan Bautista will make payment to SBCOG no later than 30 days after a consultant for the Study has been selected and terms of the agreement have been agreed to by SBCOG and the consultant. SBCOG shall provide San Juan Bautista with notice of the agreement and an invoice for the San Juan Bautista’s share of the total cost for the Study. San Juan Bautista acknowledges that SBCOG will not issue a NTP to the consultant until San Juan Bautista’s share of funds have been received by SBCOG.

4. SBCOG staff in consultation with Hollister, San Juan Bautista and County staff:
(1) will review proposals from consultants who respond to the Request for Proposals; (2) will participate in the interview panel for the consultant applicants who are invited to meet with the committee; (3) will participate in rating the consultant applicants; (4) will recommend the preferred consultant for award of the contract to prepare the Study; and (5) will review and approve the consultants cost proposal and scope of work to be included in the contract between consultant and SBCOG. The Parties acknowledge that a portion of the Study will evaluate the state highway system, accordingly, the Parties may consult with Caltrans and seek input during the proposal evaluation process.

No consultant will be selected without written recommendation of the review committee which shall include representatives of Hollister, San Juan Bautista, and the County, SBCOG shall be responsible for the procurement of the consultant and managing the consultant’s administration of the Study. SBCOG shall be reimbursed 5% of the total cost of the Study (“Administration Fee”) by the County, Hollister, and San Juan Bautista in accordance with the cost sharing percentages established in this MOU for SBCOG staff time associated with procurement of the consultant, administering the contract with the selected

consultant, and oversight of the Study. The Administration Fee shall be included in the invoices issued in accordance with sections 1, 2 and 3 of this MOU.

5. This MOU contains the entire and complete understanding of the Parties hereto and supersedes any and all other previous agreements, oral or written.

6. Any amendments to this MOU must be in writing and signed by all Parties.

7. Each Party hereto agrees to cooperate with the other, and to execute and deliver, or cause to be executed and delivered, all such other instruments and documents, and to take all such other actions as may be reasonably requested of it from time to time, in order to effectuate the provisions and purposes of this MOU.

8. Time is of the essence in each and all of the provisions of this MOU.

9. Any waiver by any Party hereto of a breach of any of the terms of this MOU shall not be construed as a waiver of any succeeding breach of the same or other term of this MOU.

10. This MOU shall be binding upon the successors and assigns of the Parties.

11. Each Party has had the opportunity to participate in the drafting and preparation of this MOU and represents that it has reviewed this MOU with counsel. No Party shall deny the validity of this MOU on the ground that such Party did not have the advice of counsel. The provisions and terms of this MOU shall not be construed in favor or against any Party.

12. This MOU may be executed in one or more counterparts, all of which together shall constitute one and the same agreement.

13. In the event any provision of this MOU is held by a court of competent jurisdiction or arbitration to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired or invalidated in any way.

14. This MOU is to be construed under California law.

15. Each Party certifies that each individual signing below has the authority to execute this MOU on behalf of his/her respective Party.

16. This MOU shall terminate automatically upon completion of the Study and fulfillment of all obligations by the Parties under this MOU.

SIGNATURE PAGES TO FOLLOW

COUNCIL OF SAN BENITO COUNTY GOVERNMENTS

APPROVED AS TO LEGAL FORM
Sloan Sakai Yeung & Wong LLP
_______________________________

_____________________________
Ignacio Velazquez, Chair Osman I. Mufti, SBCOG Legal Counsel Date: __________________________

Date: ________________________

(Signatures continue on the following page)

COUNTY OF SAN BENITO, a political subdivision of the State of California

APPROVED AS TO LEGAL FORM
San Benito County Counsel’s Office
_______________________________

_____________________________
Kollin Kosmicki, Chair Dave Prentice, County Counsel
Date: __________________________

Date: ________________________

(Signatures continue on the following page)

CITY OF HOLLISTER, a municipal corporation

APPROVED AS TO LEGAL FORM
Hollister City Attorney’s Office
_______________________________

_____________________________
Roxanne Stephens, Mayor Mary F. Lerner, Attorney at Law Date: __________________________

Date: ________________________

(Signatures continue on the following page)

CITY OF SAN JUAN BAUTISTA, a municipal corporation

APPROVED AS TO LEGAL FORM
Kennedy, Archer, & Giffen
_______________________________

_____________________________
Leslie Q. Jordan, Mayor Jon Giffen, San Juan Bautista Legal Counsel Date: __________________________

Date: ________________________

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # City Manager-2025-26

AGENDA ITEM: A PRESENTATION REGARDING THE COMMUNITY WORKFORCE

AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE SANTA CLARA AND

SAN BENITO COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL

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

RECOMMENDED ACTION: Receive a presentation regarding the Community Workforce Agreement between the City of Hollister and the Santa Clara and San Benito Counties Building and Construction Trades Council and provide possible direction to staff.

DISCUSSION: At the December 17, 2024, meeting of the City Council, Councilmember Picha requested that a presentation regarding the Community Workforce Agreement (CWA) between the City of Hollister and the Santa Clara and San Benito Counties Building and Construction Trades Council be placed on a future agenda. This request was approved by a consensus of the City Council. This presentation was provided to the City Council at its February 4, 2025, meeting.

After receiving the presentation, the City Council directed staff to return with a follow up presentation after the 2024 Roadway Improvement Project was completed that includes:

 Comparison of CWA and no CWA
 Update on the 2024 Citywide Roadway Improvement Project  Apprenticeship Training for Project
 Veteran and Women Hiring for contractors
 Similar (like) communities with CWA and the minimum project amount

FISCAL IMPACT: There is no fiscal impact associated with the presentation.

PREVIOUS COUNCIL OR COMMISSION ACTION:

December 4, 2023: City Council approved Resolution 2023-248 adopting Community Workforce Agreement to be executed between the City of Hollister and the Santa Clara and San Benito Counties Building and Construction Trades Council for public works projects valued at $250,000 or more.

December 4, 2023: City Council adopts Ordinance No. 1241 requiring that public works projects valued at $250,000 or more are required to use project labor agreements

CEQA: N/A

ATTACHMENTS:

1. Community Workforce Presentation

2. Executed Community Workforce Agreement

3. Ordinance No. 1241

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES
___________________________________
Boilermakers Local 549
___________________________________
Bricklayers and Allied Craftworkers Local 3
___________________________________
Cement Masons Local 400
___________________________________
Electrical Workers Local 234
___________________________________
Elevator Constructors Local 8
___________________________________
Insulators and Asbestos Workers Local 16
___________________________________
Iron Workers Local 377
___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270
___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67
___________________________________
Operating Engineers Local 3
___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions
___________________________________
Plasterers Local 300
___________________________________
Roofers and Waterproofers Local 95
___________________________________
Sheet Metal Workers Local 104
___________________________________
Sign and Display Local 510
___________________________________
Teamsters Local 853
___________________________________
United Association,
Plumbers and Steamfitters Local 393
___________________________________
United Association,
Sprinkler Fitters Local 669
___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355
___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES
___________________________________
Boilermakers Local 549
___________________________________
Bricklayers and Allied Craftworkers Local 3
___________________________________
Cement Masons Local 400
___________________________________
Electrical Workers Local 234
___________________________________
Elevator Constructors Local 8
___________________________________
Insulators and Asbestos Workers Local 16
___________________________________
Iron Workers Local 377
___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270
___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67
___________________________________
Operating Engineers Local 3
___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions
___________________________________
Plasterers Local 300
___________________________________
Roofers and Waterproofers Local 95
___________________________________
Sheet Metal Workers Local 104
___________________________________
Sign and Display Local 510
___________________________________
Teamsters Local 853
___________________________________
United Association,
Plumbers and Steamfitters Local 393
___________________________________
United Association,
Sprinkler Fitters Local 669
___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355
___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

Community Workforce Agreement
for the City of Hollister
17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 234

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LUINA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 669

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

UNION SIGNATORIES
Boilermakers Local 549
Cement Masons Local400 Electrical Workers Local 234
Elevator Constructors Local g Insulators and Asbesto, Wo.G.. LoEl 16 Iron Workers Local377 Northem California District Co.*.,1 of.

Laborers on behalf of LUINA, Local270
Nofthern California Oirt.i"t Corlr.il of Operating Engineers Local 3Laborers on behalf of LUINA. Local6T Painters and Allied T.ud", DGt.i.-t Cor*ril
16, for itself and its affiliated local Unions
_IJ-nlted Association, Urdog.orrd-
Utility/Landscape Imigation Local 355
Plasterers Local 300
Roofers and Waterproof"rrTo*1E Sheet Metal Workers Local 104 Sign and Display Local S1()Teamsters Looal 853
United Association,United Association,Plumbers and Steamfitters Local 393 Sprinkler Fitters Local 669 Community Workforce Agreement
for the City of Hollister
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # City Clerk-2025-44

AGENDA ITEM: A RESOLUTION ESTABLISHING A BUSINESS ADVISORY

COMMISSION AND ADOPTING THE PROPOSED BYLAWS

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

RECOMMENDED ACTION: Adopt a resolution establishing a Business Advisory Commission (BAC) and adopting the proposed bylaws for the Commission.

DISCUSSION: At the May 19, 2025 regular meeting, the City Council discussed the formation of a new commission to advise the Council on businesses and promoting economic development in the City of Hollister. The Council provided direction and feedback on the proposed composition and role of the commission.

The Business Advisory Commission (“BAC” or “Commission”) will be made up of five (5) members, all of whom must be owners of a brick-and-mortar business within the city. At least one (1) member is recommended to be a business owner in the Downtown area of Hollister. The commission will advise the City Council on all matters affecting businesses within the City of Hollister and serve as an advisory body to the City Council. The BAC will make recommendations to the City Council on any matter that will enhance the capability of Hollister businesses to succeed, such as the formulation of policies or procedures that may affect their management, operation, or financial stability.

In addition, the commission is to enhance communication with, increase opportunities for, improve the economic viability of, and enrich the overall business climate for businesses within the City of Hollister. The BAC will promote the positive impact local businesses have throughout Hollister, including the contribution local businesses make to strengthening the city’s fiscal resiliency.

FISCAL IMPACT: The cost of staff time to attend and staff the meetings.

PREVIOUS COUNCIL OR COMMISSION ACTION: At the March 17, 2025 City Council meeting, the Council directed staff to return with additional information regarding the potential creation of a downtown advisory body that can help the City respond to community and business needs.

At the May 19, 2025 City Council meeting, the Council provided qualifications and requirements and directed staff to return with a draft resolution to form a Business Advisory Commission.

CEQA: This is not a project.

ATTACHMENTS:

1. Resolution

2. BAC Bylaws (Exhibit A to the Resolution)

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ESTABLISHING A BUSINESS ADVISORY COMMISSION AND ADOPTING THE

PROPOSED BYLAWS

WHEREAS, the City Council seeks to form an advisory body to advise the City Council on businesses and promote economic development in the City of Hollister; and

WHEREAS, the Business Advisory Commission (“BAC” or “Commission”) is hereby created and established for the City of Hollister to provide assistance and guidance, and shall consist of five (5) members, all of whom must be owners of a brick -and-mortar business within the city and at least one (1) member is recommended to be a business owner in the Downtown area of Hollister; and

WHEREAS, the responsibilities of the Commission are found in the Bylaws attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister hereby establishes a Business Advisory Commission and adopts the proposed bylaws attached hereto as Exhibit A and incorporated by reference.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on August 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary 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 August 18, 2025, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on August 18, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

HOLLISTER BUSINESS ADVISORY COMMISSION (BAC) BYLAWS

ARTICLE I - THE COMMISSION

Section 1. Name: The name of this body is the “Business Advisory Commission”.

Section 2. Composition: The Business Advisory Commission (“BAC” or “Commission”) shall be composed of five (5) members, all of whom must be owners of a brick-and-mortar business within the city. At least one (1) member is recommended to be a downtown business owner.

Section 3. Term of Office: The term of office of the members of the Commission appointed by individual Council Members shall be the same as the term of the appointing Council Member. Any vacancy by a member appointed by a council member shall be filled by the council member whose district the member represents, or in the case of the mayor’s appointment, the appointee shall be a resident of any district. Applicants from another district may be appointed if there are no applicants from the Council Member's district. All nominations for appointment are subject to approval by the City Council.

Each Commissioner serves at the pleasure of the Council Member who appointed them and a Commissioner may be removed at any time, with or without cause by a vote of the City Council.

Section 4. Commissioner Attendance: Commissioners are expected to attend all meetings of the Commission. Attendance and ongoing participation by the Commission members are critical to the Commission’s success. Any member of the Commission who has two (2) unexcused absences during a regular meeting, special meeting, or commission-sanctioned events within one calendar year shall constitute an automatic resignation. Attendance records shall be kept, and members shall be informed by letter when he or she has reached two unexcused absences from regular meetings and/or special meetings. Absences will be excused and recorded in the Commission minutes if the Chairperson or City staff is notified of a Commissioner ’s absence in advance of the meeting.

Section 5. Resignations: A Commissioner wishing to resign before the expiration of his or her term shall submit to the City Clerk a written resignation that states the effective date of the resignation. If said written resignation fails to state the date the resignation shall be effective, then the resignation shall be effective upon receipt of the written resignation by the City Clerk. If a Commissioner states verbally or in any other form that the Commissioner is

Hollister Business Advisory Commission Bylaws

resigning but fails to provide to the City Clerk said written resignation notice, then resignation shall be effective upon adjournment of the next regularly scheduled Commission meeting, or upon the expiration of 31 calendar days, whichever is sooner.

Section 6. Duties of Commission: To advise the City Council on all matters affecting businesses within the City of Hollister. Act as an advisory body to the City Council. Making recommendations to the City Council on any matter that will enhance the capability of Hollister businesses to succeed, such as the formulation of policies or procedures that may affect their management, operation, or financial stability.

Enhance communication with, increase opportunities for, improve the economic viability of, and enrich the overall business clim ate for businesses within the City of Hollister.

Promote the positive impact local businesses have throughout Hollister, including the contribution local businesses make to strengthening the city’s fiscal resiliency.

Communicate written and oral recommendations directly to the Council Member who appointed them. Complete other related duties and/or assignments as directed by the City Council.

ARTICLE II - OFFICERS

Section 1. Titles: The officers of this Commission are Chairperson, Vice-Chairperson, and Commission Secretary.

Section 2. Chairperson: The Chairperson will preside at meetings of the Commission.

Section 3. Vice-Chairperson: In the absence of the Chairperson, the Vice-Chairperson will preside at meetings of the Commission. In the absence of bo th the Chairperson and the Vice-Chairperson, if enough Commissioners are present to constitute a quorum the members present shall designate an Acting Chairperson for the meeting.

Section 4. Commission Secretary: The City Manager or designee is the Commission Secretary and will carry out the administrative details of the Commission, including keeping the records of Commission meeting, acting as Secretary at all Commission meetings, recording all votes, preparing the Commission meeting agenda and minutes, serving as technical advisor to the Commission, etc.

Hollister Business Advisory Commission Bylaws

Section 5. Election of Officers: Annually, at the regularly scheduled January meeting, the Commission will elect from among its members a Chairperson and Vice - Chairperson to serve for a term of two years. These positions are limited to two consecutive terms of office.

Section 6. Vacancy of Chairperson or Vice-Chairperson: If the office of Chairperson or Vice-Chairperson becomes vacant, the Commission will elect a successor from its membership at the next regular meeting, and such election will be for the unexpired term of the office.

ARTICLE III - MEETINGS

Section 1. Meeting Time and Place: Business Advisory Commission meetings are held in the Council Chambers of City Hall, 375 Fifth Street, Hollister, California, quarterly at 6:00 P.M. on the third Wednesday of the following months:

February, May, August, and October.

Section 2. Alternate Meeting Times: Alternate meeting times and places are acceptable as long as public notice is given in accordance wit h the provisions of the Brown Act and other applicable laws.

Section 3. Meeting Cancellation: Meetings shall be cancelled if there is not sufficient business to discuss or if a quorum of the Commission cannot be present at the meeting. Additionally, meetings occurring on a holiday for which the City is closed will be cancelled.

Section 4. Special Meetings: Subject to the provisions of the Brown Act and other applicable laws, special meetings may be called at the discretion of City staff. Only those matters listed in the notice of special meetings may be discussed at the meeting.

Section 5. Quorum: Three (3) Commissioners constitute a quorum for the transaction of business. Actions shall require a simple majority vote of those present who are not excluded from voting.

Section 6. Order of Business: At the regular meeting of the Commission, business will be conducted in the following order:
a. Call to Order
b. Pledge of Allegiance
c. Roll Call
d. Public Comment on Items not on the Agenda
e. Commission Business
f. Staff & Commissioner Reports

Hollister Business Advisory Commission Bylaws

g. Adjournment
All official actions shall be entered in the minutes of each meeting as action minutes .

Meeting minutes to be prepared by the Commission Secretary and are to be approved by the Commission at a regular meeting for which they are agendized.

Section 7. Manner of Voting: Voting on matters coming before the Commission will be by voice vote unless a roll call vote is requested by a Commissioner or the Commission Secretary.

Section 8. Rules of Order: Rosenberg’s Rules of Order will govern those aspects of Commission proceedings not specifically provided by these bylaws, the Brown Act or any other applicable state or local law.

Section 9. Setting of Agenda Items: Commissioners wishing to add an item to a future agenda may raise the topic at a regular meeting during the Staff and Commissioner Reports section of the agenda. If a majority of the Commission agrees to it, the item may be placed on a future regular meeting agenda item. Depending on the level of staff time required for an agenda item, City Manager approval may be required for the item to move forward.

Section 10. Public Comment: Any person wishing to speak on matters within the subject matter jurisdiction of the Commission may fill out a speaker’s card prior to addressing the Commission and submit to the Commission Secretary.

Section 11. Agenda: An agenda will be prepared by the Commission Secretary and will be adhered to with the exception that items may be taken out of order for the convenience of those in attendance. The agenda will be posted and distributed to interested parties at least 72 hours in advance of all regular Commission meetings.

The Parks, Arts, Recreation, and Culture Commission of the City of Hollister will operate its meeting pursuant to the Ralph M. Brown Act , Government Code 54950 et seq.

ARTICLE IV – AMENDMENTS TO BYLAWS

Section 1. Procedure: The bylaws may be amended by the Commission with such a request approved by a majority of the Commission at a regular or special meeting provided that written notice of such amendment was given to Commissioners at least three (3) days prior to the meeting. A proposed

Hollister Business Advisory Commission Bylaws

bylaw amendment may be introduced at one meeting and voted on at the same or subsequent meetings.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 18, 2025
REPORT # City Attorney-2025-07

AGENDA ITEM: 2024-25 CIVIL GRAND JURY CONSOLIDATED REPORT

RESPONSE

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

RECOMMENDED ACTION: Review and approve the draft responses to the San Benito County Civil Grand Jury Consolidated Report entitled “Contract Administration” and “Hollister Animal Shelter” and authorize the Mayor and City to sign the response letters on behalf of the City Council for submittal to the Presiding Judge of the San Benito County Superior Court.

DISCUSSION:

The Civil Grand Jury is an independent body established by state law to investigate local government operations and make recommendations to improve efficiency, transparency, and accountability. On June 14, 2025, the San Benito County Civil Grand Jury released its 2024-25 Consolidated Report, which includes findings and recommendations pertaining to the City of Hollister’s contract administration and the Hollister Animal Shelter.

As required by California Penal Code Sections 933 and 933.05, the City is required to respond to the findings and recommendations directed to it within 90 days of the report ’s release.

The draft response letters address the specific findings and recommendations relevant to the City of Hollister and provides the required responses as defined by statute.

The City has reviewed the findings and recommendations contained in the Grand Jury report. The attached draft responses provides detailed answers in accordance with the Penal Code requirements.

City staff from Community Services Department and the Hollister Animal Shelter have contributed to the preparation of this response, ensuring that it reflects current operations, planned initiatives, and realistic timelines.

FISCAL IMPACT: There is no direct fiscal impact associated with approving and submitting the response. Some recommendations, if implemented, may have future budgetary implications, which would be addressed through the standard budget process.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: The proposed action is not a project under the California Environmental Quality Act (CEQA) and is therefore not subject to environmental review.

ATTACHMENTS:

1. Draft 2025 Grand Jury Consolidated Report Response – Contract Administration

2. Draft 2025 Grand Jury Consolidated Report Response – Hollister Animal Shelter

3. 2024-25 San Benito County Civil Grand Jury Consolidated Rep ort

CITY OF HOLLISTER

375 FIFTH STREET ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Community Development
(831) 636-4360
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Public Works
(831) 636-4370
Hollister.ca.gov

August 19, 2025

San Benito County Superior Court
Attn: Honorable J. Omar Rodriguez, Presiding Judge
450 Fourth Street
Hollister, CA 95023

Subject: San Benito County Civil Grand Jury Consolidated Final Report 2024-2025 Professional Services Contracts

Dear Judge Rodriguez,

The City of Hollister appreciates the time, effort, and diligence of the Civil Grand Jury in investigating and reporting on the City’s professional services contracting practices. We acknowledge the observations identified in the report regarding past administrative practices and amendment procedures for Building Department services. The City has already undertaken significant measures to strengthen our contracting processes and enhance oversight procedures. Our responses below detail the specific actions implemented and our ongoing commitment to maintain the highest standards of public administration.

Finding 1 (F1)
Management-level staff must be fully aware of the requirements and processes for administering professional service contracts and it was apparent that new processes have been implemented.

Recommendation 1 (R1)
The oversight of contracts must be uniform and compliant with the C OH municipal code.

The COH should continue to formalize and unify the Professional Services Contract Administration process. They should provide an annual (at minimum) training session specifically devoted to the responsibilities associated with contract administration. The training must include a flow chart identifying the current processes and responsibilities associated with contract administration. On an annual/yearly basis, the City Attorney should provide an update of any rules or legal changes associated with the administration of public contracts and professional service agreements. This update must be included in the training session.

CITY OF HOLLISTER

375 FIFTH STREET ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Community Development
(831) 636-4360
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Public Works
(831) 636-4370
Hollister.ca.gov

City Response to F1 and R1
The City agrees with this finding and confirms the recommendation has been implemented.

The City recognizes that prior decisions, made during a period of administrative transition and staff turnover, resulted in procedural inconsistencies. We recognize that some contract amendments may not have received the full level of review and City Council oversight they warranted under our established protocols
In response to these concerns, the City has undertaken comprehensive corrective measures.

Most notably, prior to the 2024-25 Fiscal Year, the City completed a comprehensive and transparent Request for Proposals (RFP) process for both Building and Planning Services.

This process was conducted via the widely recognized and trusted government bidding platform, Bidnet Direct in full accordance with the City’s procurement policies. To facilitate and encourage interested entities, the City’s RFP included an updated scope and additional defining criteria, clearer delineation of responsibilities, notable changes in billing and cost calculations, and improved evaluation criteria to ensure alignment with legal and procedural standards. In total, the City received eight proposals to its Building Services RFP and ten proposals for its Planning Services RFP.

Finding 2 (F2)
The City of Hollister Administrative Staff did not provide regular updates regarding the status of contracts to the City of Hollister City Council.

Recommendation 2 (R2)
Provide a written quarterly status of each professional service contract with an annual expenditure above $150,000. The report, at minimum, must include the approved contract amount, the current balance expended to date, and the remaining balance. In addition, the report must document all amendments or expenditures with the provider that were not part of the original contract.

City Response to F2 and R2
The City acknowledges these findings; however, it should be noted that the Hollister Municipal Code does not require Administrative staff to provide structured contract status updates to the City Council.

The City has proactively implemented measures to improve contract oversight and transparency consistent with the Civil Grand Jury’s recommendations.. Administrative staff have received updated guidance and training on professional services contract administration, including annual training provided by the City Attorney’s Office to ensure current knowledge of relevant legal requirements and best practices. Additionally, a formal quarterly budget

CITY OF HOLLISTER

375 FIFTH STREET ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Community Development
(831) 636-4360
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Public Works
(831) 636-4370
Hollister.ca.gov

review process that provide ongoing updates to the City Council regarding annual budget status. This process creates regular opportunities for staff to present contract-related information and recommendations to Council as appropriate.

Conclusion
The City of Hollister appreciates the Grand Jury’s review and acknowledges the value of its recommendations. We remain committed to ensuring transparency, compliance, and accountability in all aspects of our contract management, and we welcome continued collaboration and feedback in support of that goal.

Respectfully submitted,

Roxanne Stephens David Mirrione
Mayor City Manager
City of Hollister City of Hollister

CITY OF HOLLISTER

375 FIFTH STREET ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Community Development
(831) 636-4360
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Public Works
(831) 636-4370
Hollister.ca.gov

August 19, 2025

San Benito County Superior Court
Attn: Honorable J. Omar Rodriguez, Presiding Judge
450 Fourth Street
Hollister, CA 95023

Subject: San Benito County Civil Grand Jury Consolidated Final Report 2024-2025 Hollister Animal Shelter

Dear Judge Rodriguez,
The City of Hollister extends its appreciation to the San Benito County Civil Grand Jury for its thorough evaluation of the Hollister Animal Shelter (HAS). We value the Grand Jury’s observations and provide the following responses to the Grand Jury’s findings and recommendations:

FINDING 1 (F1)
The contract between the City of Hollister (COH) and the County is now a month -to-month arrangement and may not reflect the financial requirements and logistical operations of the HAS.

RECOMMENDATION 1 (R1)
Within the next six months, conduct an audit of the animal services, financial impact, and logistical needs between San Benito County and the COH. Following completion of that audit, enter into a new contract or MOU within six months that would provide long-term stability, planning abilities, ensure that the services provided are being compensated fairly, and that is in alignment with the needs of both agencies.

CITY RESPONSE TO F1 AND R1
The City of Hollister concurs with this finding. We are currently evaluating the services provided through the Hollister Animal Shelter and assessing associated financial and operational impacts. The City will work collaboratively with the County to explore development of an updated agreement that better reflects the evolving needs of both agencies, subject to the completion of our internal assessment and available resources.

FINDING 2 (F2)
The HAS lacks proper shade for the outdoor dog exercise area, which can make it unusable during peak days and times due to excessive heat.

CITY OF HOLLISTER

375 FIFTH STREET ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Community Development
(831) 636-4360
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Public Works
(831) 636-4370
Hollister.ca.gov

RECOMMENDATION 2 (R2)
In the next 60 days, HAS should invest in the installation of shade structures, such as canopies, pergolas, or shade sails, over the outdoor dog exercise and play area at the HAS. Providing adequate shade will help protect the animals from excessive heat and sun exposure, promote animal welfare, optimize the adopter/adoptee experience, and align the facility with best practices in humane shelter design.

CITY RESPONSE TO F2 AND R2
The City of Hollister acknowledges that additional shade structures would enhance the outdoor exercise area’s functionality and comfort. We note that animals are supervised during outdoor time, staff actively monitor weather conditions, and current protocols limit outdoor activities during extreme heat to ensure animal welfare..

The City recognizes the benefit and value of providing permanent shade improvements and will explore implementation options, including potential funding sources and design considerations that meet both functional needs and safety requirements. Any improvement will be subject to budget availability and completion of necessary planning processes.

FINDING 3 (F3)
The HAS does not have an on-site, dedicated Veterinarian or Vet Tech. This limits its ability to provide timely medical care, routine health monitoring, and preventive treatment for the animals in their care.

RECOMMENDATION 3 (R3)
Over the next fiscal year, HAS should secure an on-site Veterinarian and Veterinary Technician to serve the needs of both the County and the COH. Having a dedicated Vet Tech on staff would improve the quality of animal care, support timely medical assessments, and enhance overall shelter operations and animal welfare.

CITY RESPONSE TO F3 AND R3
The City of Hollister agrees that enhanced veterinary services would benefit shelter operations and animal welfare.

The need for a dedicated Veterinarian and Veterinary Technician has been recognized for several years. We share the Grand Jury’s concern and are committed to working toward this objective. However, financial constraints have made it difficult to hire and retain these critical positions.

The City will continue exploring various approaches to improve medical services at the shelter, including but not limited to staffing models, service partnerships, and funding opportunities. Progress in these areas will depend on available resources, successful recruitment efforts, and collaborative opportunities with the County and other partners. We view this as an important long-term goal and are hopeful that progress can be made in the coming years.