Hollister City Council
October 6, 2025

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, October 6, 2025, 5:30 p.m.

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

Roxanne Stephens, Mayor Jim Pia, Interim 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

As of January 1, 2023, the Levine Act (Government Code Section 84308) applies to City Council proceedings involving a license, permit, or other entitlement for use.

Pursuant to Government Code Section 84308, no Council Member shall accept, solicit, or direct a contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code Section 84308(d), any party to a covered proceeding before the Council is required, and any participant to such a proceeding is strongly urged, to disclose on the record of the proceeding any contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by them or their agent to any Council Member. The disclosure must include the name of the party or participant and any other person making the contribution, if any; the name of the recipient; the amount of the contribution; and the date the contribution was made.

The disclosure shall occur in the manner required under Government Code Section 84308 and any applicable state or local regulations, opinions, or policies. No party or their agent, and no participant or their agent, shall make a contribution of more than $500 to any Council Member during the proceeding or for 12 months after a final decision is rendered in that proceeding.

The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law.

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 City of Hollister City Council Meeting

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 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.CLOSED SESSION

3.1 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Manager

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

3.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Precision Grade, Inc. vs. City of Hollister
City of Hollister vs. Precision Grade, Inc. and Everest Reinsurance Company Case No. CU-24-00290

3.4 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (1 case)

4.PLEDGE OF ALLEGIANCE

5.CLOSED SESSION REPORT

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.

City of Hollister City Council Meeting

7.1 APPROVE SEPTEMBER 15, 2025 REGULAR MEETING MINUTES

7.2 AN ORDINANCE ADOPTING HOLLISTER MUNICIPAL CODE CHAPTER 1.20

LOBBYING
RECOMMENDED ACTION:

Adopt an ordinance adding Chapter 1.20 “Lobbying” to Title 1 “General Provisions” to the Hollister Municipal Code.

7.3 WARRANT REGISTER
RECOMMENDED ACTION:

Ratify and approve the warrant registers for the General-Special-Enterprise- Assessment Funds attached.

7.4 A RESOLUTION APPROVING LEASE AMENDMENT NO. 1 FOR A TWO-YEAR LEASE EXTENSION WITH HELI-FLITE, INC. FOR THE BUILDING AND STORAGE AREA AT 234 SKYLANE DRIVE
RECOMMENDED ACTION:

Adopt a resolution approving Lease Amendment No. 1 for a two-year extension with Heli-Flite, Inc. for the building and storage area at 234 Skylane Drive at the Hollister Municipal Airport and authorizing Interim City Manager to execute Lease Amendment No. 1.

7.5 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT TO SILICON VALLEY PAVING, INC. FOR THE AIRPORT OPERATIONS AREA PERIMETER

FENCE RELOCATION PROJECT AT THE HOLLISTER MUNICIPAL AIRPORT RECOMMENDED ACTION:

Adopt a resolution accepting bids and awarding a contract to Silicon Valley Paving, Inc. of San Jose, California, for the airport operations area perimeter fence relocation project and authorizing the Interim City Manager to execute the agreement, change orders and any related documents.

7.6 A RESOLUTION RENEWING A REGULATORY PERMIT FOR 3GM INC. AT 1891

AIRWAY DRIVE TO OPERATE A CANNABIS CULTIVATION FACILITY RECOMMENDED ACTION:

Adopt a resolution approving the annual renewal of a cannabis cultivation regulatory permit held by 3GM Inc. located at 1891 Airway Drive for the 2025/2026 permit period.

7.7 A RESOLUTION OF THE CITY COUNCIL TO RENEW A REGULATORY PERMIT FOR TRADITIONAL ROOTS / BUSTAN AT 1091 SAN FELIPE ROAD TO OPERATE A CANNABIS CULTIVATION FACILITY FOR THE 2025/2026 PERMIT PERIOD RECOMMENDED ACTION:

Adopt a resolution approving the annual renewal of a cannabis cultivation regulatory permit for Traditional Roots/ Bustan located at 1091 San Felipe Road for the 2025/2026 permit period.

7.8 A RESOLUTION OF THE CITY COUNCIL TO RENEW A REGULATORY PERMIT FOR TRADITIONAL ROOTS / BUSTAN AT 1091 SAN FELIPE ROAD TO OPERATE A CANNABIS MANUFACTURING FACILITY FOR THE 2025/2026 PERMIT PERIOD RECOMMENDED ACTION:

Adopt a resolution approving the annual renewal of a cannabis manufacturing City of Hollister City Council Meeting

regulatory permit for Traditional Roots / Bustan located at 1091 San Felipe Road for the 2025/2026 permit period.

7.9 A RESOLUTION AUTHORIZING AN AMENDMENT TO A CONTRACT WITH

COMMUNITY TREE SERVICES
RECOMMENDED ACTION:

Adopt a resolution authorizing and approving an amendment to the contract with Community Tree Services.

7.10 A RESOLUTION APPROVING THE USE OF COOPERATIVE PURCHASING FOR A

TRACTOR WITH MOWING EQUIPMENT
RECOMMENDED ACTION:

Adopt a resolution approving the use of cooperative purchasing for a Tiger Bengal Series Mid-Mount Boom Mower with 50’’ Rotary Swivel Head on a new John Deere 6M105 Tractor, to be purchased on behalf of San Benito County per the terms of the grant.

7.11 A RESOLUTION ESTABLISHING THE HOLLISTER PARKS, ARTS, RECREATION,

AND CULTURE COMMISSION AND ADOPTING THE PROPOSED BYLAWS RECOMMENDED ACTION:

Adopt a resolution establishing the Hollister Parks, Arts, Recreation, and Culture (PARC) Commission and adopting the proposed bylaws for the PARC Commission.

7.12 A RESOLUTION ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $65,000.00 FOR OVERTIME REIMBURSEMENT

AND SPECIALIZED EQUIPMENT
RECOMMENDED ACTION:

Adopt a resolution authorizing the acceptance of a grant from the Office of Traffic Safety for expenditures through October 2026 and approve the budget appropriation form.

7.13 A RESOLUTION GRANTING A REQUEST BY CITY STAFF TO WAIVE BUILDING PERMIT FEES FOR CITY CIP C2505, COMMUNITY CENTER BATHROOM

REMODEL
RECOMMENDED ACTION:

Adopt a resolution granting a request from City staff to waive the Building Permit fees associated with City CIP C2505, Community Center Bathroom Remodel, in the amount $16,026.80.

8.PUBLIC HEARINGS

8.1 AN ORDINANCE AMENDING THE CITY OF HOLLISTER ZONING MAP

PREZONING FOR FUTURE ANNEXATION OF THE PROPERTY LOCATED AT 1285 MCCRAY STREET, APN 020-100-014 INTO THE GENERAL COMMERCIAL ZONING DISTRICT (PZ 2025-1)
RECOMMENDED ACTION:

Hold a public hearing and introduce an ordinance amending the City of Hollister Zoning Map to prezone the property located at 1285 McCray Street, APN 020-100- 014, into the General Commercial Zoning District, and schedule a second reading and adoption for the October 20, 2025 City Council meeting.

CEQA: The prezoning of this parcel for future annexation is categorically exempt from CEQA pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines.

City of Hollister City Council Meeting

8.2 AMENDMENTS TO THE ZONING ORDINANCE (ZOA 2025-3) AMENDING

LANGUAGE IN THE ZONING ORDINANCE RELATED TO LEGISLATIVE UPDATES, USE MATRIx, AND DEFINITIONS
RECOMMENDED ACTION:

Hold a public hearing and introduce an ordinance approving amendments to the Zoning Ordinance related to Phase 2 of the Zoning Ordinance Comprehensive Update.

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 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.ADJOURNMENT

11.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister special and regular meetings of October 6, 2025 was posted on the bulletin board at City Hall on October 1, 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.

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

September 15, 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
Priscilla de Anda, District 4

Members Absent: Dolores Morales, District 3
_____________________________________________________________________

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

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember Resendiz 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 RECOGNIZING LOCAL SOCCER PLAYERS FOR
THEIR SUCCESS AT THE 2025 FMF7 MUNDIAL JUVENIL

TOURNAMENT
Mayor Stephens presented a proclamation to Jesus Reyes, Salvador Cortez, and Marcos Hernandez for their Victory at the 2025 FMF7 MUNDIAL JUVENIL Tournament in Leon, Guanajuato, Mexico.

5.2 PROCLAMATION HONORING THE HAWAIIAN SPANIARD

COMMUNITY
Mayor Stephens presented a proclamation Honoring the Hawaiian Spaniard Community and Recognizing the Spanish Hawaiian Heritage Association’s Cultural & Academic Conference.

2 5.3 NATIONAL RECOVERY MONTH PROCLAMATION
Mayor Stephens presented a proclamation declaring September 2025 as National Recovery Month.

5.4 PRESENTATION REGARDING AB1466 RESTRICTIVE COVENANT

MODIFICATION
Jacqueline Taylor, Senior Deputy with the San Benito County Clerk- Recorders Office, provided a presentation regarding implement ation of AB1466 by the Clerk-Recorders Office.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Robin Pollard requested a new southern access route to Park Hill be built since the prior access was removed and asked why city flags were recently at half staff.

Jazmine Venegas Government Relations Representative with Pacific Gas and Electric (PG&E) introduced herself and invited the City Council to contact her if they have questions or need information regarding PG&E.

7. CONSENT ITEMS
City Manager David Mirrione announced Agenda Item 9.3 was being continued to the October 20, 2025 regular meeting.

Councilmember Resendiz pulled Agenda Item 7.15 and requested this item also be continued to the October 20, 2025 meeting.

By consensus, the City Council directed staff to continue Agenda Item 7.15 to October 20.

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

The consent calendar items are approved as presented, except Agenda Item

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

7.1 APPROVE SEPTEMBER 2, 2025 REGULAR MEETING MINUTES

7.2 APPROVE SEPTEMBER 10, 2025 SPECIAL MEETING MINUTES

3 7.3 AN ORDINANCE AMENDING CHAPTER 15.04 OF THE HOLLISTER MUNICIPAL CODE TO ADOPT THE 2025 EDITION OF THE

CALIFORNIA FIRE CODE, INCLUDING APPENDICES, AND ADDING
SECTION 15.04.055 TO ESTABLISH LOCAL AMENDMENTS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt an ordinance amending Chapter 15.04 of the Hollister Municipal Code to adopt the 2025 Edition of the California Fire Code in its entirety, including appendices, as adopted in Title 24, Part 9 of the California Code of Regulations, and Adding Section 15.04.055 to establish and adopt local amendments.

Carried

7.4 AN ORDINANCE ADOPTING BY REFERENCE THE 2025 CALIFORNIA

BUILDING CODES WITH AMENDMENTS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt an ordinance adopting by reference the 2025 California Building Codes with amendments
Carried

7.5 A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING FOR THE CONFIDENTIAL UNIT FOR 2025-2026
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt the resolution approving the Confidential Unit Memorandum of Understanding for a term from July 1, 2025 to June 30, 2026 and authorize the City Manager to execute on behalf of the City.

Carried

7.6 A RESOLUTION APPROVING THE EXECUTIVE MANAGEMENT UNIT

SALARY AND BENEFITS PLAN
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

4 Adopt a resolution approving the amendments to the Executive Management Unit Salary and Benefits Plan effective July 1, 2025.

Carried

7.7 A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE HOLLISTER PEACE OFFICER’S
ASSOCIATION FOR 2025-2026
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving the Hollister Peace Officers’ Association Memorandum of Understanding for a term from July 1, 2025 to June 30, 2026 and authorize the City Manager to execute on behalf of the City.

Carried

7.8 HOLLISTER INDEPENDENCE RALLY AD HOC COMMITTEE
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Sunset the 2025 Hollister Independence Rally Council Ad Hoc Committee, form a 2026 Hollister Independence Rally Council Ad Hoc Committee, and appoint Mayor Stephens and Councilmember Resendiz to serve on the 2026 Committee.

Carried

7.9 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION FOR SANTA CRUZ REGIONAL 911 DISPATCH SERVICES
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving a supplemental appropriation in the amount of $97,133 from Fund 218, $97,133 from Fund 221, and $97,134 from Fund 713 for dispatch services in Fiscal Year 2025 -26.

Carried

5 7.10 A RESOLUTION TO TERMINATE THE EXISTING CONTRACT AND

AUTHORIZE THE CITY MANAGER TO FINALIZE NEGOTIATIONS AND

EXECUTE A NEW AGREEMENT WITH CALIFORNIA CONSULTING,

INC FOR GRANT WRITING SERVICES
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution to approve the termination of the existing contract effective September 30, 2025, and authorize the City Manager to finalize negotiations and execute a new agreement with California Consulting, Inc. for Grant Writing Services utilizing an on-call rate model beginning October 1, 2025.

Carried

7.11 A RESOLUTION ALLOCATING $50,000 FROM FIRE IMPACT FEES TO IMPROVE A NEW TYPE 3 ENGINE WITH AN AUXILIARY PUMP FOR

USE DURING FIREFIGHTING OPERATIONS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution approving an allocation of $50,000 from Fire Impact Fee funds for the purchase and installation of an auxiliary pump on the new Type 3 engine to ensure its safe and efficient operation within our service area.

Carried

7.12 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD
DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2025 SAN

BENITO COUNTY FAIR
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 33rd Agricultural Association for the 2025 San Benito County Fair.

Carried

6 7.13 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE AN AGREEMENT FOR FIRE, POLICE, AND ANIMAL
CONTROL IMPACT FEE STUDY; APPROVAL OF BUDGET
ADJUSTMENT FOR FUNDS 301 AND 302; AND ESTABLISHMENT OF

A NEW FUND FOR ANIMAL CONTROL IMPACT FEE
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution:

1. Authorizing the City Manager to negotiate and execute an agreement and any necessary amendments within the approved budget for consultant to prepare an updated Fire and Police impact fee study and to develop a new Animal Control impact fee;

2. Approving a budget adjustment increasing appropriations in Fund 301 (Fire Impact) and Fund 302 (Police Impact), using available fund balance; and

3. Approving the establishment of a new special revenue fund to account for revenues and expenditures related to the Animal Control Impact Fee as established by the development of the impact fee.

Carried

7.14 A RESOLUTION AUTHORIZING THE CITY MANAGER AND POLICE

DEPARTMENT TO APPLY FOR A TRAFFIC GRANT FROM THE

STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

Adopt a resolution authorizing the City Manager and the Police Department to apply for a traffic enforcement grant from the California Office of Traffic Safety.

Carried

7.15 A RESOLUTION APPROVING THE SAN BENITO URBAN AREA

WATER SUPPLY AND TREATMENT AGREEMENT WITH THE SAN

BENITO COUNTY WATER DISTRICT
This item was continued to October 20, 2025.

Adopt a resolution approving an amendment to the San Benito Urban Area Water Supply and Treatment Agreement with the San Benito County Water District.

7 8. PUBLIC HEARINGS

8.1 INTRODUCE LOBBYING ORDINANCE FOR THE CITY OF HOLLISTER City Clerk Jennifer Woodworth provided the staff presentation.

Mayor Stephens opened the public hearing at 7:03 p.m.

There were no speakers for this item.

Mayor Stephens closed the public hearing at 7:03 p.m.

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

Introduce a Lobbying Ordinance to be added to Chapter 1.20 Lobbying to Title 1 General Provisions of the Hollister Municipal Code.

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

9. COUNCIL BUSINESS

9.1 CONSIDERATION AND APPROVAL OF AN INTERIM CITY MANAGER

AGREEMENT WITH JIM PIA
City Manager David Mirrione provided the staff report.

Mayor Stephens opened public comment at 7:06 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 7:06 p.m.

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

Adopt a resolution approving the Interim City Manager Employment Agreement with Jim Pia.

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

8 9.2 SAN BENITO STREET TRAFFIC CALMING FINAL REPORT
Public Works Director William Via provided the staff report.

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

There were no speakers for this item.

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

9.3 WATER RATE STUDY PRESENTATION
This item was continues to the regular meeting on October 20, 2025.

9.4 A RESOLUTION APPROVING A FIVE-YEAR LOAN FROM THE
SEWER EXPANSION FUND (FUND 661) TO THE GENERAL FUND
(FUND 101) TO REPAY HISTORIC NEGATIVE FUND BALANCES IN
FUNDS 206, 229, 241, 249, AND 709
City Manager David Mirrione provided the staff report.

Mayor Stephens opened public comment at 7:40 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 7:40 p.m.

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

Adopt a resolution approving a five-year interfund loan from the Sewer Expansion Fund (Fund 661) to the General Fund in the amount of $2,040,356.46. The General Fund (Fund 101) will repay the Sewer Expansion Fund with interest at the August 2025 LAIF rate of 4.258% over a five-year term, with annual payments of approximately $461,646.30.

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

9.5 DRAFT: A RESOLUTION ESTABLISHING THE HOLLISTER PARKS,

ARTS, RECREATION, AND CULTURE COMMISSION AND ADOPTING

THE PROPOSED BYLAWS

10. INFORMATIONAL REPORTS

10.1 COMMITTEE ASSIGNMENTS

9 Councilmember Picha reported the Association of Monterey Bay Area Governments met.

10.2 COUNCIL REPORTS
By consensus, the City Council directed staff to return with a presentation regarding the City's Hotel Incentive Program.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Hotel Incentive Program- Mayor Stephens

10.3 CITY MANAGER REPORT
City Manager David Mirrione provided comments regarding his time in working at the City of Hollister and thanked staff for their commitment to public service, the City of Hollister, and residents.

The members of the City Council thanked Mr. Mirrione for his service to the City.

1. UPDATED CITY COUNCIL PROJECTS

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

Mayor Stephens opened public comment at 7:57 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 7:57 p.m.

Mayor Stephens convened the meeting into closed session at 7:57 p.m.

11.1 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957

PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT
Title: City Manager

11.2 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; and un - represented employees

11.3 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9

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

12. ADJOURNMENT
Mayor Stephens adjourned the meeting at 9:28 p.m. in memory of Mary Encinias.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # City Clerk-2025-52

AGENDA ITEM: AN ORDINANCE ADOPTING HOLLISTER MUNICIPAL CODE CHAPTER 1.20 LOBBYING

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Adopt an ordinance adding Chapter 1.20 “Lobbying” to Title 1 “General Provisions” to the Hollister Municipal Code.

DISCUSSION: On September 15, 2025, the City Council held a public hearing and introduced an ordinance to add Chapter 1.20 “Lobbying” to Title 1 “General Provisions.” A second reading and adoption of the ordinance is required.

FISCAL IMPACT: None.

PREVIOUS COUNCIL OR COMMISSION ACTION: On September 15, 2025, the City Council held a public hearing and introduced the ordinance.

CEQA: Categorically Exempt.

ATTACHMENTS:

1. Ordinance 1265

ORDINANCE NO. 1265

AN ORDINANCE OF THE CITY OF HOLLISTER ADDING CHAPTER

1.20 “LOBBYING” TO TITLE 1 “GENERAL PROVISIONS” OF THE

CITY OF HOLLISTER MUNICIPAL CODE

WHEREAS, the City of Hollister (“City”) seeks to maintain a fair and open decision - making process in City government; and

WHEREAS, the City believes the public disclosure of the identities of lobbyists, the interests they represent, and the financing behind their activities fosters public confidence in the integrity of City government; and

WHEREAS, the City seeks to impose registration and disclosure requirements to ensure that City officials are aware of the interests lobbyists represent when they engage in lobbying activities; and

WHEREAS, the City further believes it is in the public interest that lobbyists do not misrepresent facts or their positions, deceive City representatives through false communications, place City representatives under personal obligations, or claim control over their actions.

NOW THEREFORE, the City seeks to amend Title 1 of the City of Hollister Municipal Code to include Chapter 1.20: Lobbying, as set forth below.

The City Council of the City of Hollister ordains as follows:

SECTION 1. Chapter 1.20: Lobbying is hereby added to Title 1 of the City of Hollister Municipal Code to read as follows:

Chapter 1.20: Lobbying

Section

1.20.010 Purpose

1.20.020 Definitions

1.20.030 Registration and Disclosure Requirements

1.20.040 Exemption

1.20.050 Prohibitions

1.20.060 Penalties

1.20.070 Enforcement

1.20.010 PURPOSE.

(A) The purpose of this Chapter is to maintain a fair and open decision-making process in City government which functions to serve the needs of all citizens.

Both the public and City officials should have full knowledge of lobbying activities that influence legislative or administrative actions.
(B) The purpose of this Chapter is also to impose registration and disclosure requirements on those engaged in lobbying efforts to influence the decisions of

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City policy makers for compensation. Public disclosure of the identities of lobbyists, the interests they represent, and the financing behind their activities fosters public confidence in the integrity of City government. (C) Additionally, these disclosure and registration requirements ensure that City officials are aware of the interests lobbyists represent when they engage in lobbying activities. It is in the public interest to adopt this chapter to provide adequate and effective transparency reg arding lobbying efforts aimed at influencing City government.
(D) The disclosure and registration requirements furthers the public interest that lobbyists do not misrepresent facts or their positions, deceive City representatives through false communications, place City representatives under personal obligations, or claim control over their actions.

1.20.020 DEFINITIONS.

Whenever used in this Chapter, the following words and phrases shall have the definitions provided in this section. Other terms used and not defined in this Chapter have the meanings set forth in this Title, and terms not used and not defined in this Title have the meanings set forth in the California Political Reform Act of 1974, as amended.

ADMINISTRATIVE ACTION includes the proposal, drafting, development, consideration, advocacy, recommendation, adoption, amendment, termination, extension, or approval of any rule, regulation, agreement, contract, permit, license, policy, land use entitlement, or hiring action.

AT THE BEHEST means at the means under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of.

CONTRIBUTION means a payment, a forgiveness of a loan, a payment of a loa n by a third party, or an enforceable promise to make a payment except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee or elected City official is a contribution to the candidate, committee or elected City official unless full and adequate consideration is received for making the expenditure.

1. The term " contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies and similar fundraising events; the candidate's own money or property used on behalf of his or her candidacy; the granting of discounts or rebates not extended to the public generally or th e granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without payment of full and adequate consideration.

2. The term " contribution" further includes any transfer of anything of value received by a committee from another committee, unless full and adequate consideration is received.

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3. The term “contribution” further includes any transfer of anything of value received by a Controlled Committee from another committee, unless full and adequate consideration is received.

4. The term " contribution" does not include:
a. Amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as a contribution; b. A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office if the costs for the meeting or fundraising event are five hundred dollars ($500.00) or less; or
c. Volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall be, directly or indirectly, repaid to him or her.

CANDIDATE means an individual who has filed a statement of organization as a committee for election to Elective City Office, a declaration of intent for election to Elective City Office or a declaration of candidacy to Elective City Office, whichever occurs first. An individual person shall not be deemed a candidate for purposes of this Chapter (1) after the individual is sworn into Elective City Office, or (2) if the individual lost the election, after the individual has terminated their campaign statement filing obligation for Elective City Office pursuant to Government Code section 84214, or after certification of the election results, whichever is earlier.

CLIENT means the person who compensates a lobbyist for representation before a City official.

CONTROLLED COMMITTEE means a committee which is controlled directly or indirectly by a Candidate, or which acts jointly with a Candidate in connection with the making of expenditures. A Candidate controls a committee if the Candidate, their agent or any other committee the Candidate controls has a significant influence on the actions or decisions of the Controlled Committee.

CITY OFFICIAL means members of the City Council, appointees of the City Council, the City Attorney, the City Treasurer, City department heads, members of City boards or commissions, and persons who have been elected to a City office but have not yet been sworn into office.

CONTACT OR CONTACTING means attendance at a meeting with a City official, or any direct communication with a City official, whether oral, electronic, or in writing, including, but not limited to communication through an agent, associate, or employee, for the purpose of engaging in Lobbying Activity.

COMPENSATED or COMPENSATION means any economic consideration for services rendered or to be rendered in the future, including, without limitation, payment, distribution transfer, loan advance, deposit, other rendering of money, property, services, or anything else of value.

ELECTIVE CITY OFFICE means the City Council and the Treasurer, or other City

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positions which are elected by the voters.

ELECTED OFFICER means an individual who holds Elective City Office or has been elected to Elective City Office but has not yet taken office.

GIFT shall be defined as set forth in the Political Reform Act, Government Code Section 81000 et seq., and the regulations adopted thereunder; except that the exclusion for contributions shall be defined and governed as set forth in this chapter.

INFLUENCING means contacting, either directly or indirectly, for the purpose of promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the official actions of the City official, by any means, including, but not limited to providing, preparing, processing, or submitting information, incentives, statistics, studies, or analyses.

LEGISLATIVE ACTION means the drafting, introduction, consideration, modification, enactment, or defeat of any resolution, ordinance, amendment thereto, report, nomination, policy, or other action of the City Council; a City board, commission, or task force; or any joint powers authority of which the City is a party.

LOBBYING ACTIVITY means influencing, or attempting to influence, directly or indirectly, a City official regarding public policy, legislative or administrative actions of the City, or decision-making on behalf of a particular interest or organization.

1. Lobbying activity does not include: general donations to organizations unless specifically intended for lobbying efforts in the City; expenditures to support a ballot measure; professionals advocating for their own applications or contracts; attending public meetings or submitting written statements to the official record; or volunteering with organizations, such as neighborhood groups not for compensation. For more details, see Section 1.20.040:

Exemptions, below.

LOBBYIST, unless exempt under Section 1.20.040, means:

1. CONTRACT LOBBYIST means any person, whether an entity or individual, engaging in Lobbying Activity on behalf of one or more clients (acting individually or through agents, associates, employees, or contractors) and who has received or has entered into an agreement for comp ensation of one thousand dollars ( $1,000.00) or more for any services that include engaging in Lobbying Activity during any consecutive three-month period.

2. IN-HOUSE LOBBYIST means any person, including a business, corporation, association, political action committee, or any other organization if its owners, officers, or employees have engaged in Lobbying Activity on its behalf.

3. EXPENDITURE LOBBYIST means any person who makes payments or incurs expenditures in the aggregate amount of five thousand dollars ($5,000.00) or more during any calendar year in connection with carrying out public relations, advertising, or similar activities with the intent of soliciting or urging, directly or indirectly, other persons to communicate directly with any City official in order to attempt to influence a legislative or administrative action. The five thousand dollars ($5,000.00) threshold does not include:
a. Compensation paid to contract lobbyists or in-house lobbyists for Lobbying

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Activity; or
b. Dues, donations, or other economic consideration paid to a membership organization that is ongoing in nature and whose membership services are not limited to Lobbying Activity, regardless of whether the dues, donations, or other economic consideration are used in whole or in part for Lobbying Activity.

4. LAND USE LOBBYIST means any person who, during any consecutive twelve (12) month period (i) makes payments or incurs expenditures in the aggregate amount of $5,000.00 or more attempting to influence a major land use approval; or (ii) spends an aggregate amount of ten or more hours of compensated time attempting to influence a major land use approval, including time spent by officers, employees, agents, and members. a. The exemptions in subsections (d), (i), (j), (l), and (m) of Section 1.20.040 (Exemptions) do not apply to land use lobbyists.
b. Officers, employees, agents, and members of a land use lobbyist are not required to separately comply with Section 1.20.030 (Registration and Disclosure Requirements) for time or funds expended on behalf of the land use lobbyist in the scope of that relationship.

LOBBYIST DISCLOSURE REPORT means a document, with requirements outlined in section 1.20.030, that lobbyists, and lobbying firms are required to file to register as lobbyists and report their lobbying activities.

MAJOR LAND USE APPROVAL means any legislative or administrative action by the City on an application relating to:

1. Construction, demolition, alteration, development, or use of property in the unincorporated City that, if approved, would affect, in the aggregate, more than 25,000 gross square feet of existing, approved, or proposed buildings or structures;

2. The surface mining operation or reclamation of mined lands involving the disturbance or reclamation of more than 25,000 gross square feet of land; or

3. A "major subdivision," as defined in Section 16.04.040 of the City of Hollister Municipal Code.

OWNER means any individual with greater than a fifty (50) percent interest in the business.

PERSON means any individual, business entity, trust, corporation, association, committee, or any other organization or group of persons acting in concert.

1.20.030 REGISTRATION AND DISCLOSURE REQUIREMENTS.

(A) Lobbyist Registration.

1. Initial Registration. A Lobbyist is required to register his or her Lobbying Activity by filing a “Lobbyist Disclosure Report” (outlined below) with the City Clerk no later than ten days after accepting employment or contracting as a lobbyist and paying a registration fee.
a. Lobbyist Disclosure Reports are available on the City Clerk’s official webpage, and require disclosure of Lobbyist details (including name,

Ordinance No. 1265

business address, and contact information), employees engaged in lobbying, clients represented, and specifics of Lobbying Activities. b. Amendments to Lobbyist Disclosure Reports must be submitted promptly following any changes to the provided information.
c. A Lobbyist who meets the threshold requirements of one or more of the categories (Contract Lobbyist, In-House Lobbyist, Expenditure Lobbyist, or Land Use Lobbyist) is only required to register once but must make all disclosures in the Lobbyist Disclosure Report.
d. Only Lobbying Activity that occurs after the effective date of this ordinance shall be considered for the purpose of qualifying as a Lobbyist.

2. Annual Registration. A Lobbyist shall renew their registration by January 15 of each year by filing a Lobbyist Disclosure Report and paying a registration fee, unless they have terminated their status as a Lobbyist pursuant to this section.

3. Quarterly Disclosures. Every Lobbyist registered or required to be registered pursuant to this Chapter must file a Lobbyist Disclosure Report for every calendar quarter with the City Clerk no later than fifteen (15) calendar days after the end of each quarter after Initial Registration whether or not any Lobbying Activities have occurred during such period unless they have filed a declaration attesting to the termination of Lobbying Activity pursuant to the requirements of this section.
a. Quarterly Lobbyist Disclosure Reports must be filed by April 15, July 15, and October 15 for the prior calendar quarter.
b. The quarterly Lobbyist Disclosure Reports shall be filed with the City Clerk, and must include:
i. The name(s) and title(s) of the City Officer or Employee who was communicated with, or received the service or thing of value; ii. A description of the governmental decisions or issues discussed; iii. Any payments or other forms of compensation provided during the interaction(s); and
iv. Signature under penalty of perjury.
c. For purposes of determining the amount expended during one quarter, the amounts expended on any one City Officer or Employee by all representatives, officers, directors and employees of a corporation, firm, or organization shall be aggregated.
(B) Registration Fees.

1. Each Lobbyist required to file a Lobbyist Disclosure Report under this Chapter shall be charged an initial registration fee of two hundred and fifty dollars ($250.00), and an annual renewal fee of one hundred and fifty dollars ($125.00).

2. If the fee is not paid at the time of registration or registration renewal, a late registration fee will be assessed each day until the registration fee is paid in full. In no event will the late registration fee exceed one hundred (100) percent of the unpaid registration fee.

3. Lobbyists who fail to file a quarterly Lobbyist Disclosure Report on the date due will be assessed a late fee of ten dollars ($10.00) per day per violation. (C) Lobbyist Disclosure Report.

1. A Lobbyist who meets the threshold requirements of one or more of the categories (Contract Lobbyist, In-House Lobbyist, Expenditure Lobbyist, or Land Use Lobbyist) must fill out a Lobbyist Disclosure Report and quarterly

Ordinance No. 1265

updates with all the applicable information including the following:
a. Name;
b. Business address;
c. Telephone and fax numbers;
d. Email address;
e. Names of all owners if the Lobbyist is a sole proprietorship or partnership of fewer than five persons;
f. Names of the officers and agent of service of process, if any, if the Lobbyist is a corporation;
g. If applicable, a description of the nature of, the business, corporation, association, committee, or any other organization in sufficient detail to inform the reader of its nature and purpose; and
h. If applicable, contacts made with City officials during the preceding calendar quarter for the purpose of conducting Lobbying Activity. Contact information must include a brief description of the item(s) of legislative or administrative action the Lobbyist is seeking to influence and the number of contacts in the following ranges: one, two to five, six to ten, eleven or more.

2. All Contract Lobbyists must also provide the following information for each client:
a. Name of each client represented before City officials; b. A brief description of the legislative or administrative action(s) the lobbyist seeks to influence on behalf of each client;
c. Name of each person employed or retained by the lobbyist to engage in Lobbying Activity on behalf of each client; and
d. The total compensation promised or received from each client listed during previous calendar quarter for Lobbying Activity within the following ranges:
zero dollars ($0.00) to one hundred thousand dollars ($100,000.00), and over one hundred thousand dollars and one cent ($100,000.01).

3. All In-House Lobbyists must also provide the following information:
a. Names of each owner, officer, and employee conducting Lobbying Activities on its behalf; and
b. A brief description of the legislative or administrative action(s) the Lobbyist seeks to influence.

4. All Expenditure Lobbyists must also provide the following information:
a. Names of each owner, officer, and employee conducting Lobbying Activities on its behalf; and
b. A brief description of the legislative or administrative action(s) the Lobbyist seeks to influence.

5. Land Use lobbyists:
a. All Land Use Lobbyists must provide the following information for each major land use approval the Land Use Lobbyist has attempted to influence during the reporting period:
i. A description of the major land use approval.
ii. A summary of the Land Use Lobbyist's activities during the reporting period relating to influencing the major land use approval, including reports prepared, events held, advertisements purchased, robocalls made, mailers distributed, and public officials contacted. iii. The total amount the Land Use Lobbyist expended during the

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reporting period relating to influencing each major land use approval, excluding compensation to officers and employees. iv. Each entity to which the Land Use Lobbyist made payments of $500.00 or more, in the aggregate, during the reporting pe riod for activities relating to influencing a major land use approval; the date of each payment; and the purpose for which the payment was made.
v. All contacts by the Land Use Lobbyist, including by its officers, employees, agents, and members, with public officials, including officers and employees of counties, cities, special districts, and state agencies, for the purpose of influencing the major land use approval. The report must include the name of each public official, the date of the contact, and the nature of the contact. vi. The client (if any) on whose behalf the Land Use Lobbyist sought to influence the major land use approval.
vii. Any other information required by the City Clerk through regulation consistent with the purposes and provisions of this Chapter. b. Land Use Lobbyists must update the reports required by this Section at least two (2) days, but not more than twenty-one (21) days, before any meeting or public hearing at which an action relating to the major land use approval, or any component thereof, will be on the agenda. (D) Employment of City Officers or Employees.

1. A Lobbyist registered or required to be registered pursuant to this Chapter, or an individual, corporation, firm or organization employing or represented by a Lobbyist registered or required to be registered who knowingly employs a City Officer or Employee shall file a written notice with the City Clerk. a. The notice shall be filed with the City Clerk within ten (10) days after employing a City Officer or Employee. The notice shall be entitled, "Notice of Lobbyist Employing a City Officer or Employee" and shall contain the full name and business address of the person filing the statement, the full name of the City Officer or Employee the Lobbyist is employing, and the date the Lobbyist first employed the City Officer or Employee. (E) Termination of Registration.

1. If Lobbyists file a declaration attesting to the termination of Lobbying Activity no later than the date the annual registration or quarterly disclosure is due, they will not be required to file any further Lobbyist Disclosure Reports. This declaration must be accompanied by a final Lobbyist Disclosure Report, disclosing any Lobbying Activities that occurred during the quarter of termination.
(F) 1.28.050 Identification of Clients.

1. Unless otherwise excused by law, each lobbyist who appears before the City Council or City board, commission or committee to engage in lobbying activities shall identify himself or herself and the client(s) he or she represents upon addressing the body.

2. Any lobbyist who makes an oral lobbying contact with a City representative shall, at the time of the initial lobbying contact with each City representative, identify himself or herself as a registered lobbyist and identify the client or clients on whose behalf the lobbying contact is made.

3. Any lobbyist who makes an initial written lobbying contact (including an

Ordinance No. 1265

electronic communication) with a City representative and/or City employee shall identify the client(s) on whose behalf the lobbying contact is made and identify himself or herself as a registered lobbyist.
(F) Submission of Information. All information required under this section shall be submitted to the City Clerk in the format designated by the City Clerk. (G) Verification of Information. Lobbyists shall verify, under penalty of perjury, the accuracy and completeness of the information provided under this chapter (H) Retention of Documents. Lobbyists are requested retain for a period of five (5) years all books, papers and documents necessary to substantiate the registration and disclosure reports required by this Chapter.

1.20.040 EXEMPTION.

The following persons are exempt from the requirements of this Chapter unless otherwise specified:
(A) A public official acting in his or her official capacity. (B) A person engaged solely in publication or broadcasting of news items, editorials, or commentary which directly or indirectly urges governmental action. (C) A person hired by the City for work performed on behalf of City, or a person who prepares documents for approval by the City under the California Environmental Quality Act of 1970, or a person who has been specifically invited by a City official for the purpose of giving testimony in aid of the body or person extending the invitation or invited to attend a meeting such as a City task force or department committee meeting to provide information or assistance requested by City staff. (D) The owner of a business whose attempts to influence governmental action are on behalf of the business and:

1. The owner or business has not retained a person to engage in Lobbying Activity on behalf of the owner or business; or

2. Officers or employees of the business (not including the owner) have not engaged in Lobbying Activity on behalf of the owner or business

3. This exemption applies only to the threshold for becoming an In-House Lobbyist as defined in this Chapter. An owner of a business who meets this exemption is subject to the requirements of this Chapter if he or she meets the definition of Contract Lobbyist or Expenditure Lobbyist as defined under this Chapter. (E) A person whose attempts to influence governmental action limited to:

1. Publicly appearing at a public meeting, public hearing, or other official proceeding open to the public; and/or

2. Preparing, processing or submitting documents or writings in connection with governmental action for use at a public meeting, public hearing, or other official proceeding open to the public.
(F) A person whose sole activity includes one (1) or more of the following:

1. Submitting a bid on a competitively bid contract or other solicitation for goods or services;

2. Submitting a written response to a request for proposals or qualifications or other solicitation for goods or services;

3. Participating in an oral interview or other process in connection with a request for proposals or qualifications, or other solicitation for goods or services; or

4. Negotiating the terms of an agreement with the City official authorized to negotiate such an agreement.
(G) A person who meets with City officials solely to lodge "whistleblower" complaints

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relating to improper governmental activity such as mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(H) A person who meets with the City Attorney or City Clerk regarding any claim or litigation matter, negotiation of any agreements where the City is a party, or the requirements or interpretation of this chapter.
(I) Members of non-profit organizations or the uncompensated members of the board of directors of a non-profit organization when they attempt to influence City officials on behalf of the non-profit organization.
(J) Members of neighborhood associations, neighborhood advisory committees, or project area committees.
(K) A person whose communications are solely related to:

1. The establishment, amendment, administration, implementation, or interpretation of a collective bargaining agreement or a memorandum of agreement between the City and a recognized employee organization;

2. Management decisions as to the working conditions of represented employees that clearly relate to the terms of a collective bargaining agreement or memorandum of agreement between the City and a recognized employee organization; or
(L) A person whose communications with City officials are solely in connection with the administration of an existing contract or agreement between the person and the City.
(M) Compensated officers or employees of a nonprofit organization with tax exempt status under Section 501(c)(3) of the Internal Revenue Code whose attempts to influence governmental action are on behalf of the organization. (N) A person performing a duty or professional service that requires a license, including but not limited to attorneys, architects, certified public accountants (CPAs), or engineers licensed to practice in the State of California.

1.20.050 PROHIBITIONS.
(A) No Lobbyist shall commit any of the following acts:

1.Deception. Deceiving or attempting to deceive any City official regarding any material fact pertaining to any pending or proposed legislative or administrative action.

2. Unauthorized Communications. Sending or causing any communication to be sent to any City official in the name of any non-existent person or in the name of an existing person without the express or implied consent of such person.

3. Fictitious Persons. Contacting any City official in the name of any non-existent person or in the name of any existing person, except with the consent of such existing person.

4. Indirect Violations. Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries, or employees.

5. Creation of Obligations. Performing or sponsoring any act with the purpose and intent of placing any City official under personal obligation to the lobbyist.

6. Appearance of Obligations. Representing, directly or indirectly, orally or in writing, that he or she can control or obtain the vote or action of any City Official.

7. Unlawful Gifts. Making gifts to any City official aggregating more than $10 in a calendar month; acting as an agent or intermediary in the making of such gifts; or arranging for the making of such gifts by any other person. (B) No Elected Officer shall accept any Contribution from a pe rson registered

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pursuant to this chapter where the person's Lobbyist Disclosure Report includes the Elective City Office that the Elected Officer holds.
(C) No Candidate or Controlled Committee shall accept any Contribution from a person registered pursuant to this chapter where the person's Lobbyist Disclosure Report includes the Elective City Office to which the Candidate is seeking election. (D) An Elected Officer, Candidate or Controlled Committee may reasonably rely on the information contained in the most recent list of registrants compiled by the City Clerk- in determining whether Contributions may be accepted from any person. Acceptance of Contributions which would not be prohibited based on the information set forth in the City Clerk’s most recent list of registrants shall not constitute a violation of this section. (E) No City official shall knowingly accept any gift from an individual registered pursuant to this chapter. An Elected Officer, Candidate or Controlled Committee may reasonably rely on the information contained in the most recent list of registrants compiled by the City Clerk in determining whether a gift may be accepted from an individual.

1. Acceptance of a gift from an individual or entity not on the City Clerk’s most recent list of registrants shall not constitute a violation of this section unless the Elected Officer, Candidate or Controlled Committee knows that the individual or entity making the gift has registered, even though the registrant has not been included on the list.

1.20.060 PENALTIES.
(A) Negligent and unintentional violations of this chapter shall be punishable in accordance with procedures set forth in Chapter 1.18 (Administrative Citation) of this Code.
(B) Administrative fines for negligent and unintentional violations of this chapter shall be assessed in the following amounts:

1. A fine not exceeding two hundred and fifty dollars ($250.00) for a first violation;

2. A fine not exceeding five hundred dollars ($500.00) for a second violation within two (2) years from the date of a prior violation; and

3. A fine not exceeding one thousand dollars ($1,000.00) for a third violation, or any subsequent violation, within two (2) years from the date of any prior violation(s). (C) The City Clerk shall post on the City website and make available to the public a list of all Lobbyists who have received notices or paid fines for violating the provisions of this chapter within the previous four (4) years.
(D) Willful, knowing, or intentional violations of the provisions of this Chapter shall be liable in a civil action brought by the Office of the City Attorney. Any violation of the provisions of this chapter may result in civil penalties of up to five thousand dollars $5,000.00 per violation, or the amount of the compensation received for the Lobbying Activity, whichever is greater.
(E) Three (3) negligent or unintentional violations, or one (1) intentional violation of this Chapter shall result in a prohibition against engaging in Lobbying Activity for compensation. Such debarment will be in effect for two (2) years from the date the City Clerk determines that a violation has occurred or until the Lobbyist has come into compliance with this Chapter, whichever is later.
(F) Violation of this Chapter shall not constitute a criminal misdemeanor.

1.20.070 ENFORCEMENT.
(A) Any person may file a complaint with the City Clerk alleging a violation of this Chapter.

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(B) Enforcement protocol.

1. Upon discovering a potential violation of this Chapter, the City Clerk must notify the Lobbyist of the alleged violation and the requirements of this chapter. Persons notified of a potential violation will have thirty (30) days to correct the error or demonstrate to the City Clerk that they have not violated this Chapter.

2. The City Clerk, or their designee, will investigate alleged violations of this Chapter in conjunction with the Office of the City Attorney.
a) The City Clerk has the power to inspect all documents required to be maintained by this Chapter.
b) The City Clerk may issue an order to show cause to any person for violations under this Chapter. Such an order must specify a time and place where such person must appear to provide evidence that he or she has complied with the requirements of this Chapter.

3. The City Clerk shall assess and collect fees and administrative penalties as an Enforcement Officer, in conjunction with the Office of the City Attorney, in compliance with the administrative procedures established by Chapter 1.18 (Administrative Citation) of this Code.

4. Decisions of the City Clerk shall be appealable to a Hearing Officer established by Chapter 1.18 (Administrative Citation) of this Code. (C) In addition to any other remedies provided in this Chapter or any other law, ordinance, or regulation, and regardless of whether the administrative enforcement process in this chapter has occurred, the Office of the City Attorney may bring a civil action against any person who has violated or is violating any provision of this Chapter.

Any person determined by a court to have violated this Chapter may be subject to civil penalties provided in this Chapter and any other relief ordered by the court. (D) The City Clerk may promulgate rules, regulations, guidelines, and policies to implement and administer the provisions of this Chapter. a. The City Clerk is authorized to establish policies and procedures necessary for the implementation of the program, including, but not limited to, public outreach, advertising, marketing, training sessions, seminars, and conducting both public and internal City training programs.
b. The City Clerk may collaborate with internal departments and external partners to promote the program's success.
c. The City Clerk is further authorized to make technical amendments to policies, applications, and filing forms as necessary.
d. The City Clerk is also empowered to allocate and expend general fund resources as budgeted and approved by the City Council for the implementation of the program and to perform such other duties as may be necessary to fulfill the purposes of this ordinance.

SECTION 2. CODIFICATION.

Sections 1.20.010 through 1.20.070, inclusive, of this ordinance shall be codified. The remaining sections of this ordinance shall not be codified.

SECTION 3. SEVERABILITY.

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of the Chapter. Every section, subsection, sentence, clause, or phrase of this Chapter is severable from all

Ordinance No. 1265

other sections, subsections, sentences, clauses, or phrases.

SECTION 4. EFFECTIVE DATE.

This ordinance shall take effect and be in full force and effect November 6, 2025. Before the expiration of fifteen (15) days after the passage of this ordinance, the entire ordinance or a summary of the ordinance shall be published once with the names of the members of the City Council voting for and against the ordinance in a newspaper of general circulation published in the City of Hollister, State of California.

INTRODUCED at a regular City Council meeting on September 15, 2025 and adopted as an ordinance of the City of Hollister at a regular City Council meeting on October 6, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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

Ordinance No. 1265

I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1265 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Finance-2025-19

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 PYR 7-30-25

2. Expense Approval Register AP 8-5-25

3. Expense Approval Register DP 8-6-25

4. Expense Approval Register AP 8-6-25

5. Expense Approval Register AP 8-13-25

6. Expense Approval Register PYR 8-13-25

7. Expense Approval Register DP 8-15-25

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Airport-2025-20

AGENDA ITEM: A RESOLUTION APPROVING LEASE AMENDMENT NO. 1 FOR A TWO-YEAR LEASE EXTENSION WITH HELI-FLITE, INC. FOR THE BUILDING AND STORAGE AREA AT 234 SKYLANE DRIVE

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

RECOMMENDED ACTION: Adopt a resolution approving Lease Amendment No. 1 for a two-year extension with Heli-Flite, Inc. for the building and storage area at 234 Skylane Drive at the Hollister Municipal Airport and authorizing Interim City Manager to execute Lease Amendment No. 1.

DISCUSSION: Building and hangar rent accounts for 68% of the Airport's annual revenue. Heli-Flite, Inc., dba Aris Helicopters (Aris), is a long-term tenant located at the Airport since 2011 and is in good standing. The Airport desires to extend the 2020 lease with Heli-Flite, Inc.

At the regular meeting of August 3, 2020, the City Council adopted Resolution No. 202- 145 approving a lease with Heli-Flite, Inc. for a 10,000 square foot (sf.) hangar building with office space and 1,600 sf. fenced-in outdoor storage area located at 234 Skylane Drive at the Airport with a base term of September 1, 2020, through September 1, 2025 and provision for an extension up to an additional five (5) years.

In August, Aris notified the Airport of their desire to exercise the option to extend the term for an additional two (2) years. The term of the Lease extension is September 1, 2025, through August 30, 2027. Also, Amendment No. 1 corrects Section 3.02 Use as it previously contained an incorrect building description and modifies Section 15.01 Sales, Assignments, Transfers, Subleases, and Encumbrances to allow for subletting with the written consent of the City. All other terms and conditions of the Lease Agreement dated September 1, 2020, shall remain in full force and effect.

Aris operates a helicopter services business and stores their helicopters in the hangar space. Aris has been in discussions with Cal Fire to sublet some space to store the Cal Fire Firehawk helicopter. The City/Airport would consent to the Cal Fire sublet finding the use is consistent, Cal Fire has been at the Airport for 30 plus years, provides critical public safety/firefighting services to the region and needs a location to store the Firehawk helicopter until the new Cal Fire Air Attack Base, an anticipated $53 million dollar investment by the state, is constructed on the west side of the airport.

FISCAL IMPACT: The Lease Extension will generate revenue to the Airport Enterprise Fund 601 of more than $97,600.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Lease Amendment No. 1

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING LEASE AMENDMENT NO.1 FOR A TWO-YEAR LEASE
EXTENSION WITH HELI-FLITE, INC. FOR THE BUILDING AND
OUTDOOR STORAGE AREA AT 234 SKYLANE DRIVE AT THE

HOLLISTER MUNICIPAL AIRPORT

WHEREAS, building and hangar rent accounts for 68% of the Airport's annual revenue; and

WHEREAS, Heli-Flite, Inc., dba Aris Helicopters (Aris), is a long-term tenant located at the Airport since 2011 and is in good standing. The Airport desires to extend the 2020 lease with Heli-Flite, Inc., and

WHEREAS, at the regular meeting of August 3, 2020, the City Council adopted Resolution No. 2020-145 approving a lease with Heli-Flite, Inc. for a 10,000 square foot (sf.) hangar building with office space and 1,600 sf. fenced-in outdoor storage area located at 234 Skylane Drive at the Airport with a base term of September 1, 2020, through September 1, 2025 and provision for an extension up to an additional five (5) years; and

WHEREAS, Aris notified the Airport of their desire to exercise the option to extend the term for an additional two (2) years. The term of the Lease extension is September 1, 2025, through August 30, 2027. Also, Amendment No. 1 corrects Section 3.02 Use as it previously contained an incorrect building description and modifies Section 15.01 Sales, Assignments, Transfers, Subleases, and Encumbrances to allow for subletting with the written consent of the City. All other terms and conditions of the Lease Agreement dated September 1, 2020, shall remain in full force and effect; and

WHEREAS, the Lease Extension will generate revenue to the Airport Enterprise Fund 601 of more than $97,600.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve Lease Amendment No. 1 for a two-year extension with Heli-Flite, Inc. for the building and storage area at 234 Skylane Drive at the Hollister Municipal Airport and authorize the Interim City Manager to execute Lease Amendment No. 1.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

AMENDMENT No. 1 TO HELI-FLITE, INC (234 SKYLANE

DRIVE) AGREEMENT AT THE HOLLISTER MUNICIPAL

AIRPORT
This Amendment No. 1 to the lease agreement between Heli-Flite, INC, a California corporation dba Aris Helicopter (“Tenant”) and the City of Hollister (“City”) dated September 1, 2020, regarding the lease of real property located at the Hollister Municipal Airport, is made and entered into on the 1st day of September 2025 between the City of Hollister and Heli-Flite INC (each a "Party" and collectively, the "Parties").

Recitals
A. On September 1, 2020, the parties entered into an Agreement by and between the City and Tenant for the lease of real property from City by Tenant. Said real property being a portion of the Hollister Municipal Airport, identified as 234 Skylane Drive, Hollister, CA 95023 (hereinafter “Leased Premises”). Said Agreement is referred to herein as “the Agreement” or “the Lease”.

B. Tenant desires to exercise the Lease option to extend the Lease for an additional (2) years.

NOW, THEREFORE, the Parties agree to this first amendment to the Lease as follows:

Amendment No. 1

1. Section 1.02 of the Agreement is hereby replaced in its entirety to read as follows:

“1.02 Term. The term of this Lease shall be for a period of seven (7) years, commencing on September 1, 2020, and terminating on August 30, 2027. Tenant shall have an option to request renewal for up to an additional three (3) year period terminating July 31, 2032, subject to City approval. Tenant shall notify the City of their intent to request renewal a minimum of ninety (90) days prior to the end of the current Lease term.”

2. Section 3.01 of the Agreement is hereby replaced in its entirety to read as follows:

“3.01 Use. This Lease is made for the purpose of allowing Tenant use of the Leased Premises and for granting Tenant certain exclusive rights and privileges to occupy 234 Skylane Drive, for Tenant’s use to store and assemble aircraft parts and equipment. Tenant shall not store any fuel on Leased Premises or anywhere on the Hollister Municipal Airport. Tenant shall not use the Leased Premises, or any part thereof, or permit Leased Premises to be used for any other purpose

without the consent of the City, such consent not to be unreasonably withheld.”

3. Section 15.01 of the Agreement is hereby replaced in its entirety to read as follows:

“15.01 Sales, Assignments, Transfers, Subleases and Encumbrances.

Tenant shall not sell, assign, transfer, or encumber this lease, or any whole interest of Tenant in and to the Leased Premises. Teant acknowledges and agrees that this Lease cannot be assigned or transferred for any reason or purpose. Neither will this Lease, nor any interest of Tenant in and to the Leased Premises, be subject to an involuntary sale, assignment or transfer by operations of law in any manner whatsoever. Any such sale, assignment, transfer, or encumbrance, whether voluntary or involuntary, will be void and of no effect and will be a default of this Agreement which entitles the City to terminate this Lease and Tenant’s rights in and to the Leased Premises, in the manner hereinafter provided.

Notwithstanding anything to the contrary set forth in this section 15.01, Tenant shall have the right to sublease a portion of the Lease d Premises to a sublessee with written consent of the City, however, any and all such subletting by Tenant shall not release Tenant from any of its obligations under this Lease. Furthermore, Tenant shall provide the City a list of tail numbers for all aircraft that are stored at the Leased Premises on or by December 1 of each year.”

4. All other terms and conditions of the Agreement dated September 1, 2020 , shall remain in full force and effect.

CITY OF HOLLISTER, HELI-FLITE, INC,
a municipal corporation a California corporation

By: _____________________________ By: ________________________ Jim Pia, Interim City Manager Scott Donley, President

ATTEST:

_______________________________
Jennifer Woodworth, MMC, City Clerk

* Note: Signatures must be notarized.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Airport-2025-21

AGENDA ITEM: A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT TO SILICON VALLEY PAVING, INC. FOR THE AIRPORT

OPERATIONS AREA PERIMETER FENCE RELOCATION PROJECT AT THE

HOLLISTER MUNICIPAL AIRPORT

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

RECOMMENDED ACTION: Adopt a resolution accepting bids and awarding a contract to Silicon Valley Paving, Inc. of San Jose, California, for the airport operations area perimeter fence relocation project and authorizing the Interim City Manager to execute the agreement, change orders and any related documents.

DISCUSSION: The Federal Aviation Administration (FAA) administers the Bipartisan Instructure Law Program (BIL) and the issuing of grants for eligible airport infrastructure and planning projects on an annual basis. The City identified its FAA designated Fiscal Year (FY) 2024-25 BIL project as the removal of and replacement of approximately 2,100 linear feet of the airport operations area (AOA) perimeter fence located north of Runway 6-24 and east of Runway 13-31.

The project will enhance airfield safety and bring the airport int o compliance with FAA standards by: (i) relocating the airport's existing perimeter chain link fence outside of Runway 6/24 Object Free Area (OFA); (ii) similarly, relocate the airport perimeter vehicle service road outside of the Runway 6/24 OFA for the s ame length as the fence; and (iii) relocate the existing perimeter chain link fence outside of the Runway Visibility Zone (RVZ). The project will further demonstrate the City/Airport’s continued efforts to meet its federal grant assurance of maintaining a safe and operable airfield

The City/Airport posted a bid notice on July 16, 2024, with a closing date of August 8, 2024. Six bids were received and reviewed by the Airport On-Call consultant Kimley-Horn.

Kimley-Horn recommended Silicon Valley Paving, Inc. as the responsive low bidder with a bid of $113,931.

At the regular meeting of October 15, 2024, the City Council adopted Resolution 2024 - 159 approving an application for and acceptance of a Federal Aviation Administration (FAA) Bipartisan Infrastructure Law (BIL) Grant for relocation and replacement of a section of Airport Operations Area (AOA) fence. The FAA awarded the grant, AIG 03-06- 0105-028-2025, on June 13, 2025, and the City executed the grant on June 16, 2025.

To execute the project, the City needs to award the construction contract to Silicon Valley Paving, Inc. in the amount of $116,931 – the bid amount of $113,931 plus $3,000 due to material costs between bid submission and contract execution. Kimley-Horn will provide construction management & inspection services.

FISCAL IMPACT: The Airport AOA Perimeter Fence Relocation project is budgeted in the Federal Aviation Admin Grant Fund 212 for FY 2025-26. The total estimated project cost is $150,431 with funding of FAA Grant amount, $140,059 (95%) and Airport Enterprise Fund 601, $10,372 (10%).

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: A Notice of Exemption (NOE) has been completed for the project files.

ATTACHMENTS:

1. Resolution

2. Bid Tabulation & Recommendation

3. Contract

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING BIDS AND AWARDING A CONTRACT TO SILICON
VALLEY PAVING, INC. OF SAN JOSE, CALIFORNIA FOR THE

AIRPORT OPERATIONS AREA PERIMETER FENCE RELOCATION

PROJECT AT THE HOLLISTER MUNICIPAL AIRPORT

WHEREAS, the Federal Aviation Administration (FAA) administers the Bipartisan Instructure Law Program (BIL) and the issuing of grants for eligible airport infras tructure and planning projects on an annual basis. The City identified its FAA designated Fiscal Year (FY) 2024-25 BIL project as the removal of and replacement of approximately 2,100 linear feet of the airport operations area (AOA) perimeter fence located north of Runway 6-24 and east of Runway 13-31; and

WHEREAS, the City/Airport posted a bid notice on July 16, 2024, with a closing date of August 8, 2024. Six bids were received and reviewed by the Airport On -Call consultant Kimley-Horn. Kimley-Horn recommended Silicon Valley Paving, Inc. as the responsive low bidder with a bid of $113,931; and

WHEREAS, at the regular meeting of October 15, 2024, the City Council adopted Resolution 2024-159 approving an application for and acceptance of a Federal Aviati on Administration (FAA) Bipartisan Infrastructure Law (BIL) Grant for relocation and replacement of a section of Airport Operations Area (AOA) fence ; and

WHEREAS, the FAA awarded the grant, AIG 03-06-0105-028-2025, on June 13, 2025, and the City executed the grant on June 16, 2025; and

WHEREAS, the City needs to award the construction contract to Silicon Valley Paving, Inc. in the amount of $116,931 – the bid amount of $113,931 plus $3,000 due to material costs between bid submission and contract execution. Kimley-Horn will provide construction management & inspection services; and

WHEREAS, the Airport AOA Perimeter Fence Relocation project is budgeted in the Federal Aviation Admin Grant Fund 212 for FY 2025-26. The total estimated project cost is $150,431 with funding of FAA Grant amount, $140,059 (95%) and Airport Enterprise Fund 601, $10,372 (10%).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby accept the bids, award a contract to Silicon Valley Paving, Inc., and authorize Interim City Manager to execute the agreement, change orders and any related documents.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

kimley-horn.com 1100 W Town and Country Rd, Suite 700, Orange, CA 92868 714 939 1030 August 8, 2024
Mr. David Mirrione, Acting City Manager
City of Hollister
Hollister Municipal Airport
60 Airport Drive
Hollister, CA 95023
RE: Bid Review – AOA FENCE RELOCATION PROJECT A.I.P. 03-06-0105-XX Dear Mr. Mirrione:

Kimley-Horn and Associates, Inc. (KHA) has completed a review of the bids received by the City of Hollister (City) for the above referenced project on August, 8, 2024. Our review of the bid proposal focused on the inclusion, completeness and consistency of the following with the bid documents:
(a)Proposal, including Bid Schedule
(b)Signed Addendum No. 1
(c)Bid Bond
(d)Bidder’s Statement of Financial Responsibility, Technical Ability and Experience (e)Insurance Certificate
(f)Race-Neutral Disadvantaged Business Enterprise Utilization (g)Letter of Intent
(h)Public Contract Code Section 10285.1 Statement
(i)Bidder Certifications including:
(i)Contractor’s Certification of Non-Segregated Facilities (ii)Non-collusion Affidavit
(iii)Debarment and Suspension Certification
(iv)Non-lobbying Certification for Federal-Aid Contracts (v)Buy American Certification
(vi)Trade Restriction Clause – 49 CFR Part 30
(j)Bidder’s Statement of Subcontractors-Part 1
We have also performed the following for your consideration:
(a)Bid Tabulation (enclosed)
(b)An inquiry into the Federal Debarment List (enclosed) On conclusion of our review, bid tabulation and inquires, we recommend that Silicon Valley Paving be identified as the lowest responsive bidder for the project. If you have any questions, or require additional information, please call or e-mail at your convenience.

kimley-horn.com 1100 Town and Country, Suite 700, Orange, CA 92868 714 939 1030 Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Pearse Melvin, P.E.

Encl.
1)Bid Tabulation
2)SAM Search Results
3)Silicon Valley Paving Bid Proposal

City of Hollister - Hollister Municipal Airport
AOA Fence Relocation Project
Bid Tab - Bids received August 8, 2024
AIP 3-06-0105-XX
Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost Unit Price Extended Cost Dollar Percent 1 C-105 MOBILIZATION\DEMOBILIZATION (5% MAX OF BID)LS 1 $5,400.00 $5,400.00 $5,880.00 $5,880.00 $6,362.00 $6,362.00 $8,555.76 $8,555.76 $8,100.00 $8,100.00 $5,500.00 $5,500.00 $3,284.00 $3,284.00 ($100.00)-1.9% 2 P-101-5.8 CHAIN LINK FENCE LF 2,022 $35.00 $70,770.00 $80.55 $162,872.10 $69.10 $139,720.20 $51.19 $103,506.18 $46.00 $93,012.00 $45.50 $92,001.00 $46.14 $93,295.08 ($21,231.00)-30.0% 3 F-162-5.1a DOUBLE SWING GATE EA 1 $3,000.00 $3,000.00 $2,570.00 $2,570.00 $1,982.00 $1,982.00 $5,476.12 $5,476.12 $6,600.00 $6,600.00 $7,000.00 $7,000.00 $8,054.00 $8,054.00 ($4,000.00)-133.3% 4 F-162-5.2a AOA FENCE REMOVAL LF 1,886 $15.00 $28,290.00 $15.50 $29,233.00 $17.94 $33,834.84 $6.33 $11,938.38 $32.00 $60,352.00 $5.00 $9,430.00 $4.93 $9,297.98 $18,860.00 66.7% $107,460.00 $200,555.10 $181,899.04 $129,476.44 $168,064.00 $113,931.00 $113,931.06 ($6,471.06)-6.0% Apparent Low v's OPCC
Westside Landscape and Concrete
27107 CA-33 Newman, CA 95360
Line Item Delta

TOTAL BASE BID

ENGINEERS OPINION OF PROBABLE
CONSTRUCTION COSTS (OPCC) Item
No. SPEC No.DESCRIPTION UNIT QUANTITY
Cyclone Fence and iron
PO Box 1418, San Martin CA 95046
Crusader Fence
3115 Gold Valley Drive, Racho Cordova, CA
95742
Silicon Valley Paving
1050 Commercial St #101 San Jose, CA
95112
Pisor Fence Division Inc
PO Box 7213 Citrus Heights, CA 95621
Golden West Inc
20741 Hansen Ave Nuevo CA 92567

CONSTRUCTION CONTRACT 1

CONSTRUCTION CONTRACT

THIS CONSTRUCTION CONTRACT, entered into on , 2025 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and SILICON VALLEY PAVING, INC. ("Contractor"), is made with reference to the following:

R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.

B. Contractor is a corporation duly organized and in good standing in the State of California, License Number Class A #73293 and Class C-13 #732923. Contractor is a general contractor with a Type A or fencing contractor with a Type C-13, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On July 16, 2024, City issued a Notice Inviting Bids to contractors for the AOA Fence Relocation Project, A.I.G. No. 03-06-0105-028-2025. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Sealed Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as EXHIBIT 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instructions to Bidders and Proposal to City of Hollister (EXHIBIT 3); Statement of Work (EXHIBIT 4); Items of Construction (EXHIBIT 5); Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date (EXHIBIT 6); Airport Improvement Program Requirements (EXHIBIT 7); General Conditions (EXHIBIT 8); Special Provisions (EXHIBIT 9); Successful Bidder’s Contract Documents to be Submitted after Project is Awarded (EXHIBIT 10); City of Hollister Forms and Memorandum Documents (EXHIBIT 11); and the FAA Technical Specifications (EXHIBIT 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by: (i) the FAA Technical Specifications (Exhibit 12); (ii) the latest editions of the City of Hollister Standard Specifications; and (iii) the Greenbook at the time bids are opened,

CONSTRUCTION CONTRACT 2
including all applicable updates and amendments thereto. In the event of a conflict between the Plans, any section of the Specifications, order of precedence of the Contract Documents shall be as identified in Section 50-04 List of Special Provisions, Part 1- General Contract Provisions of the FAA Technical Specifications (EXHIBIT 12).

E. City and Contractor desire to enter into this Construction Contract for the AOA Fence Relocation Project, A.I.G 03-06-0105-028-2025, and other services, as identified in the in the Bid Documents for the Hollister Municipal Airport upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, FAA Technical Specifications and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

The project is the construction of the AOA Fence Relocation Project, A.I.G. No. 03-06-0105- 028-2025 ("Project") at the Hollister Municipal Airport.

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Sealed Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions To Bidders
(iv) Statement Of Work
(v) Items Of Construction
(vi) Contractor’s Bid
(vii) General Conditions
(viii) Special Provisions
(ix) Airport Improvement Program Requirements
(x) FAA Technical Specifications.
(xi) Performance and Payment Bonds.

CONSTRUCTION CONTRACT 3
(xii)Insurance Forms.
(xiii)Plans and Drawings.
(xiv)Reports listed in the Bidding Documents.
(xv)Supplements, Attachments, and Exhibits attached to the above items. (xvi)Change Orders.
(xvii)Field Directives
SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion Starting 10 consecutive calendar days from the date contract time commences as specified in City’s Notice to Proceed and completing the work within the following:
1) 20 Calendar Days for Mobilization and Procurement of Materials 2)40 Calendar Days for Phases 1 and 2
3)Total Contract Time: 70 Calendar days

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
i.Loss of public confidence in City and its contractors and consultants. ii.Loss of public use of public facilities.

CONSTRUCTION CONTRACT 4
iii. Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $500.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance.

.2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

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6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $500.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:

(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents. Measurement and payment for pay items in the proposal will be as indicated in the applicable technical specification or in the special provisions.

When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted.

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The Total Bid Contract Sum is: One Hundred Sixteen Thousand Nine Hundred Thirty-One

Dollars ($116,931.00) (the “Bid Contract Sum”).

7.2 Full Compensation.

The compensation paid to the Contractor shall be considered full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

7.3 Bid Amount Adjustment.

The original bid amount submitted by Contractor was one hundred thirteen thousand nine hundred thirty-one dollars ($113,931.00.) The Bid Contract Sum reflects an increase of three thousand dollars ($3,000.00). This increase is due to material costs between bid submission and contract execution.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or

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Sub- subcontractors, of any Tier, either on the Site or on other properties;
(iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; and (ii) Davis-Bacon Act.

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or

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syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

Hollister Municipal Airport
City of Hollister
60 Airport Drive
Hollister, CA 95023
Attention: Jim Pia, Interim City Manager
Re: AOA Fence Relocation Project, AIG 03-06-0105-028-2025

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
375 Fifth St.

Hollister, CA 95023
Attention: Mary F. Lerner, City Attorney
Re: AOA Fence Relocation Project, AIG 03-06-0105-028-2025

All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:

Silicon Valley Paving, Inc.
1050 Commercial St. #101
San Jose, CA 95112
Attention: Todd Slyngstad, President
Re: AOA Fence Relocation Project, AIG 03-06-0105-028-2025

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13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- 20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the Contract Documents.

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14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute. Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2 Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance. .4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award.

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.6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.

.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4. Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

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15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the

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Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

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16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:

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(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph 6.6 of this Construction Contract.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

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SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction

CONSTRUCTION CONTRACT 18
based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the

CONSTRUCTION CONTRACT 19
Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract does have special fund(s) involved requiring additional contract requirements, therefore this section does apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
☐ Community Development Block Grant (CDBG)
☐ Housing and Urban Development (HUD)
☒ Other: Federal Aviation Authority (FAA)
☒ Other: Caltrans Division of Aeronautics

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 7), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

CONSTRUCTION CONTRACT 20
SECTION 29 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 30 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 31 EXHIBITS.

EXHIBIT 1 Notice Inviting Sealed Bids
EXHIBIT 2 Contractor’s Bid
EXHIBIT 3 Instructions to Bidders
EXHIBIT 4 Statement of Work
EXHIBIT 5 Items of Construction
EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date
EXHIBIT 7 Airport Improvement Program Requirements
EXHIBIT 8 General Conditions
EXHIBIT 9 Special Provisions
EXHIBIT 10 Successful Bidder’s Contract Documents to be Submitted after Project is Awarded EXHIBIT 11 City of Hollister Forms and Memorandum Documents EXHIBIT 12 FAA Technical Specifications

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation
By:

Jim Pia, Interim City Manager
APPROVED AS TO FORM:

By:

Mary F. Lerner, Lozano Smith Attorneys at Law

CONSTRUCTION CONTRACT 21
ATTEST:

By:

Jennifer Woodworth, MMC, City Clerk
CONTRACTOR:

SILICON VALLEY PAVING,
a California corporation
By: ___________________________
Todd Slyngstad, President

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Community Development-2025-63

AGENDA ITEM: A RESOLUTION RENEWING A REGULATORY PERMIT FOR 3GM INC. AT 1891 AIRWAY DRIVE TO OPERATE A CANNABIS CULTIVATION FACILITY

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C Mendez, Cannabis Program Manager

RECOMMENDED ACTION: Adopt a resolution approving the annual renewal of a cannabis cultivation regulatory permit held by 3GM Inc. located at 1891 Airway Drive for the 2025/2026 permit period.

DISCUSSION: On October 5, 2020, the City Council approved a Cannabis Use Permit and Development Agreement for 3GM Inc. to operate a cannabis cultivation facility located at 1891 Airway Drive (Resolution No. 2020-196). Subsequently, on November 2, 2020, the City Council approved the initial, annual Cannabis Regulatory Permit for the same facility (Resolution No. 2020-214). Most recently, at its regular meeting on October 15, 2024, the City Council approved an annual renewal of the regulatory permit for #GM Inc. for the 2024/2025 permit period.

3GM Inc. has submitted a required annual renewal application related to its Cannabis Cultivation Regulatory Permit for the 2025/2026 permit term. Pursuant to Section

5.42.050 of the Hollister Municipal Code, renewal of a regulatory permit for cannabis operations is subject to approval by the City Council. The Council may deny a renewal only upon making specific findings as outlined in HMC § 5.42.070(A). However, staff have reviewed the permit holder’s renewal application, prior performance, and compliance history and have determined that none of the required findings for denial are present.

Approval of the annual renewal of this regulatory permit will allow 3GM Inc. to continue operations of its cannabis cultivation facility at 1891 Airway Drive for the 2025/2026 permit period.

FISCAL IMPACT: As a regulatory permittee, 3GM Inc. is required to pay quarterly taxes to the City. Non-approval of an applicable renewal of a previously issued regulatory permit for cannabis cultivation would cease operations and result in a loss of current tax revenue.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council last considered and renewed the 3GM Inc. regulatory permit for the 2024/2025 permit period at its October 15, 2024, regular meeting (Resolution 2024-167).

CEQA: Categorical Exemption – Existing Facilities (Class 1)

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 – Existing Facilities. The project involves the renewal of a regulatory

permit for an existing business relocating to a previously developed commercial site with no expansion of use or significant alterations. The proposed activity does not involve any expansion of the existing or former use and will not result in any significant environmental impacts.

ATTACHMENTS:

1. Resolution

2. Regulatory Permit Application

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING A REGULATORY PERMIT FOR 3GM INC. TO OPERATE A
CANNABIS CULTIVATION FACILITY AT 1891 AIRWAY DRIVE

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of October 5, 2020, approved a Cannabis Use Permit/ Development Agreement for 3GM Inc. located at 1891 Airway Drive; and

WHEREAS, the City Council at its regular meeting of November 2, 2020, issued a cannabis cultivation regulatory permit; and

WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and

WHEREAS, 3GM Inc. has completed the required regulatory permit application for renewal, and it has been deemed complete; and

WHEREAS, at its regular meeting of October 6, 2025, the City Council considered the applicant’s renewal request, reviewed the staff report, and/or received written and oral testimony for and against the proposal; and

WHEREAS, under the provisions of Section 5.42.070 (A) of the Hollister Municipal Code, the City Council may reject a permit based upon certain findings and, after careful review, staff have determined that the permittee continues to compliantly operate and there are no findings applicable to merit denial of the permit renewal.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves and authorizes a renewal of the regulatory permit for 3GM Inc., located at 1891 Airway Drive, to continue to operate a cannabis cultivation facility.

Resolution No. 2025-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 mee ting held on October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Community Development-2025-65

AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL TO RENEW A REGULATORY PERMIT FOR TRADITIONAL ROOTS / BUSTAN AT 1091 SAN

FELIPE ROAD TO OPERATE A CANNABIS CULTIVATION FACILITY FOR THE 2025/2026 PERMIT PERIOD

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C. Mendez, Cannabis Program Manager

RECOMMENDED ACTION: Adopt a resolution approving the annual renewal of a cannabis cultivation regulatory permit for Traditional Roots/ Bustan located at 1091 San Felipe Road for the 2025/2026 permit period.

DISCUSSION: On September 5, 2017, the City Council initially approved a Cannabis Use Permit and Development Agreement for Traditional Roots / Bustan to operate a cannabis cultivation facility (Resolution 2017-228). Subsequently, on November 6, 2017, the City Council approved issuance of the required regulatory permit in accordance with the Hollister Municipal Code (HMC) (Resolution 2017-276). Most recently, at its regular meeting on October 1, 2024, the City Council renewed the current regulatory permit for Traditional Roots / Bustan for the 2024/2025 permit period (Resolution 2024-155).

Traditional Roots / Bustan has submitted a required annual renewal application related to its cannabis cultivation regulatory permit for the 2025/2026 permit term. Pursuant to Section 5.42.050 of the City of Hollister Municipal Code, renewal of a regulatory permit for cannabis cultivation is subject to approval by the City Council. The City Council may deny a renewal only upon making specific findings as outlined in HMC, § 5.42.070 (A).

However, staff have reviewed the applicant’s renewal application, prior performance, and compliance history and have determined that none of the required findings for denial are present.

Approval of the annual renewal of this regulatory permit will allow Traditional Roots / Bustan to continue operations of its cultivation facility at 1091 San Felipe Road for the 2025/2026 permit period.

FISCAL IMPACT: As a regulatory permittee, Traditional Roots / Bustan is required to pay quarterly taxes to the City. Non-approval of an applicable renewal of a previously issued regulatory permit for cannabis cultivation would cease operations and result in a loss of current tax revenue.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council last considered and renewed the Traditional Roots / Bustan regulatory permit for the 2024/2025 permit period at its October 1, 2024, regular meeting.

CEQA: Exempt: Section 15301 The proposed action is exempt from the California

Environmental Quality Act (CEQA) under Section 15301, which applies to the operation and maintenance of existing facilities. This exemption is appropriate as the project involves the renewal of a regulatory permit for an established cannabis cultivation facility, with no significant changes or expansion of operations anticipated. Therefore, no further environmental review is required.

ATTACHMENTS:

1. Resolution

2. Regulatory Permit Application

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

RENEWING A REGULATORY PERMIT FOR TRADITIONAL ROOTS /

BUSTAN TO OPERATE A CANNABIS CULTIVATION FACILITY AT
1091 SAN FELIPE ROAD

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of November 6, 2017, approved a Cannabis Use Permit/ Development Agreement for Traditional Roots/ Bustan. located at 1091 San Felipe Road (resolution 2017-228); and

WHEREAS, the City Council at its regular meeting of November 6, 2017, issued an initial cannabis cultivation regulatory permit to Traditional Roots/ Bustan (resolution 2017-276); and

WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and

WHEREAS, Traditional Roots/ Bustan has completed the regulatory permit application required for renewal, and it has been deemed complete; and

WHEREAS, at its regular meeting of October 6, 2025, the City Council considered the applicant’s renewal request, reviewed the staff report, and received written and/or oral testimony for and/or against the proposal; and

WHEREAS, under the provisions of Section 5.42.070 (A) of the Hollister Municipal Code the City Council may deny a permit based upon certain findings and after careful review, staff have determined that the permittee continues to compliantly operate and there are no findings applicable to merit a denial of the permit renewal.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves and authorizes a renewal of the regulatory permit for Traditional Roots / Bustan located at 1091 San Felipe Road to continue to operate a cannabis cultivation facility.

Resolution No. 2025-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Community Development-2025-67

AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL TO RENEW A REGULATORY PERMIT FOR TRADITIONAL ROOTS / BUSTAN AT 1091 SAN

FELIPE ROAD TO OPERATE A CANNABIS MANUFACTURING FACILITY FOR THE 2025/2026 PERMIT PERIOD

DEPARTMENT: Community Development
DEPARTMENT HEAD: Rod Powell, Assistant City Manager
STAFF CONTACT: Maria C Mendez, Cannabis Program Manager

RECOMMENDED ACTION: Adopt a resolution approving the annual renewal of a cannabis manufacturing regulatory permit for Traditional Roots / Bustan located at 1091 San Felipe Road for the 2025/2026 permit period.

DISCUSSION: On September 5, 2017, the City Council initially approved a Cannabis Use Permit and Development Agreement for Traditional Roots / Bustan to operate a cannabis manufacturing facility (resolution 2017-228). Subsequently, on November 6, 2017, the City Council approved issuance of the required regulatory permit in accordance with the Hollister Municipal Code (Resolution 2017-275). Most recently, at its regular meeting on October 1, 2024, the City Council renewed the current regulatory permit for Traditional Roots / Bustan for the 2024/2025 permit period (Resolution 2024-156).

Traditional Roots / Bustan has submitted a required annual renewal application related to its cannabis manufacturing regulatory permit for the 2025/2026 permit term. Pursuant to Section 5.42.050 of the City of Hollister Municipal Code, renewal of a regulatory permit for cannabis manufacturing is subject to approval by the City Council. The Council may deny a renewal only upon making specific findings as outlined in HMC § 5.42.070(A).

However, staff have reviewed the applicant’s renewal application, prior performance, and compliance history and have determined that none of the required findings for denial are present.

Approval of the annual renewal of this regulatory permit will allow Traditional Roots / Bustan to continue operations of its manufacturing facility at 1091 San Felipe Road for the 2025/2026 permit period.

FISCAL IMPACT: As a regulatory permittee, Traditional Roots / Bustan is required to pay quarterly taxes to the City. Non-approval of an applicable renewal of a previously issued regulatory permit for cannabis manufacturing would cease operations and result in a loss of current tax revenue.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council last considered and renewed the Traditional Roots / Bustan regulatory permit for the 2024/2025 permit period at its October 1, 2024, regular meeting.

CEQA: Categorical Exemption – Existing Facilities (Class 1)

Exempt: Section 15301 The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15301, which applies to the operation and maintenance of existing facilities. This exemption is appropriate as the project involves the renewal of a regulatory permit for an established cannabis cultivation facility, with no significant changes or expansion of operations anticipated. Therefore, no further environmental review is required.

ATTACHMENTS:

1. Resolution

2. Regulatory Permit Application

Report Approval Details
Document Title: 20251006_CDD_CNB_Traditonal Roots_ Bustan Manufacturing_ Regulatory Permit Renewal
_2025_2026.docx
Attachments: - Traditional Roots_Bustan_ Manufacturing_Resolution_Oct 6 2025.docx
- Regulatory Permit Renewal Traditional Roots
Bustan_Manufacturing_2025_2026.pdf
Final Approval Date: Sep 30, 2025

This report and all of its attachments were approved and signed as outlined below:

Rod Powell
No Signature - Task assigned to Jennifer P. Thompson was completed by workflow administrator Jennifer Woodworth
Jennifer P. Thompson
No Signature - Task assigned to Mary F. Lerner was completed by workflow administrator Jennifer Woodworth
Mary F. Lerner
Jim Pia
Angie Gonzalez

RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

RENEWING A REGULATORY PERMIT FOR TRADITIONAL ROOTS /

BUSTAN TO OPERATE A CANNABIS MANUFACTURING FACILITY AT
1091 SAN FELIPE ROAD

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of November 6, 2017, approved a Cannabis Use Permit / Development Agreement for Traditional Roots / Bustan located at 1091 San Felipe Road (Resolution 2017-228); and

WHEREAS, the City Council at its regular meeting of November 6, 2017, issued an initial cannabis manufacturing regulatory permit to Traditional Roots / Bustan (Resolution 2017-275); and

WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and

WHEREAS, Traditional Roots / Bustan has completed the regulatory permit application required for renewal, and it has been deemed complete; and

WHEREAS, at its regular meeting of October 6, 2025, the City Council considered the applicant’s renewal request, reviewed the staff report, and/or received written and/or oral testimony for and/or against the proposal; and

WHEREAS, under the provisions of Section 5.42.070 (A ) of the Hollister Municipal Code the City Council may reject a permit based upon certain findings and after careful review, staff have determined that the permittee continues to compliantly operate and there are no findings applicable to merit denial of the permit renewal; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby approves and authorizes a renewal of the regulatory permit for Traditional Roots / Bustan. located at 1091 San Felipe Road, to continue to operate a cannabis manufacturing facility.

Resolution No. 2025-XXX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Fire-2025-28

AGENDA ITEM: A RESOLUTION AUTHORIZING AN AMENDMENT TO A

CONTRACT WITH COMMUNITY TREE SERVICES

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Charlie Bedolla, Deputy Fire Marshal

RECOMMENDED ACTION: Adopt a resolution authorizing and approving an amendment to the contract with Community Tree Services.

DISCUSSION: On December 4, 2023, the City Council approved a Master Agreement with Community Tree Services by Resolution 2023-243 for mowing, tree trimming, vegetation removal, and herbicide applications along Cienega Road and San Juan Canyon Road, located in unincorporated areas of San Benito County. This work is funded under a Fuels Mitigation Grant awarded to the Hollister Fire Department, which also serves as the fire department for San Benito County.

The scope of work under the agreement has not changed. However, the City did not initiate the work until later than originally anticipated, as part of the implementation of Phase 1 and Phase 2 of the grant-funded project. As a result, Community Tree Services was unable to complete all work by the contract’s expiration date. The contractor ultimately completed the work in May 2025.

To finalize payment to the contractor and maintain proper contract compliance, staff recommends extending the contract term. Section 3 of the Master Agreement permits amendments upon mutual written agreement. Accordingly, the proposed amendment extends the term of the Master Agreement through December 31, 2025, with no changes to the scope of work or contract amount.

FISCAL IMPACT: The Master Agreement authorized a not-to-exceed total of $314,656.13. This cost is fully funded through the Fuels Mitigation Grant. No additional fiscal impact is proposed with this amendment.

PREVIOUS COUNCIL OR COMMISSION ACTION: Master Agreement was approved by Resolution No. 2023-243 on December 4, 2023.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Community Tree Services – First Amendment

3. Resolution No. 2023-243

4. Community Tree Services – Master Agreement

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH

COMMUNITY TREE SERVICES

WHEREAS, the City of Hollister, on behalf of the Hollister Fire Department, which serves San Benito County, previously entered into a Master Agreement dated November 14, 2023, with Community Tree Services for mowing, tree trimming, vegetation removal, and herbicide applications along Cienega Road and San Juan Canyon Road, funded under a Fuels Mitigation Grant; and

WHEREAS, the scope of work under the Master Agreement has not changed, but the City did not initiate the work until later than originally anticipated as part of the implementation of Phase 1 and Phase 2 of the project; and

WHEREAS, Section 3 of the Master Agreement permits the City and the Contractor to amend the terms and conditions of the Master Agreement in writing and upon mutual agreement; and

WHEREAS, pursuant to Section 3 of the Master Agreement, the City and the Contractor desire to amend the agreement to extend the term of the Master Agreement to allow completion of the work and finalization of payment.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes:

1. The First Amendment is hereby added to the Master Agreement.

2. Section 3. Term is deleted in its entirety and replaced with the following:

“3. Term. The term for performance of the Services shall be the duration of the Project (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by the City, the City shall be under no further obligation to Contractor, monetarily or otherwise, and the City may proceed with the work in any man ner the City deems proper. The term for performance of the Services shall continue from the Master Agreement beginning date and shall end on December 31, 2025 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board.

Resolution No. 2025-XX

Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by the City, the City shall be under no further obligation to Contractor, monetarily or otherwise, and the City may proceed with the work in any manner the City deems proper.”

3. Except as herein amended, the Master Agreement dated November 14, 2023, shall remain in full force and effect.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxan 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 correc t copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

FIRST AMENDMENT

TO MASTER AGREEMENT BETWEEN THE CITY OF HOLLISTER AND

COMMUNITY TREE SERVICE, LLC

This First Amendment to the General Services Agreement between the City of Hollister and Community Tree Service, LLC is made and entered into this ___ day of ___________ 2025, by and between the City of Hollister, California, a municipal corporation (“City”), and Community Tree Service, LLC (“Contractor”).

WHEREAS, the City and Contractor have previously entered into an agreement (“Master Agreement”) dated November 14, 2023, for mowing, tree trimming, vegetation removal, and herbicide applications (collectively, “Services”) along the roadways of Cienega Road and San Juan Canyon Road (collectively, the “Properties”);

WHEREAS, Section 3 of the Master Agreement permits the City and the Contractor to amend the terms and conditions of the Master Agreement by writing and upon mutual agreement; and

WHEREAS, pursuant to Section 3 of the Master Agreement, the City and the Contractor desire to amend said Master Agreement to extend the Term of the Master Agreement.

NOW, THEREFORE, the City and the Contractor, in consideration of the mutual covenants hereinafter recited, agree as follows:

1. This First Amendment is added to the Master Agreement.

2. Section 3. Term is hereby deleted in its entirety and replaced with the following:

“3. Term. The term for performance of the Services shall be the duration of the Project (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by the City, the City shall be under no further obligation to Contractor, monetarily or otherwise, and the City may proceed with the work in any manner the City deems proper. The term for performance of the Services shall continue from the Master Agreement beginning date and shall end on December 31, 2025 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor

- 2 -
Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by the City, the City shall be under no further obligation to Contractor, monetarily or otherwise, and the City may proceed with the work in any manner the City deems proper.”

3. Except as herein amended, the Master Agreement dated November 14, 2023, shall remain in full force and effect.

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

CITY OF HOLLISTER

BY:

Roxanne Stephens, Mayor

APPROVED AS TO FORM:

By:

Mary Lerner, City Attorney

COMMUNITY TREE SERVICE, LLC

By:
(Signature)

(Typed Name)

{4935-9276-9383 v.2}

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Fire-2025-29

AGENDA ITEM: A RESOLUTION APPROVING THE USE OF COOPERATIVE

PURCHASING FOR A TRACTOR WITH MOWING EQUIPMENT

DEPARTMENT: Fire
DEPARTMENT HEAD: Jonathan Goulding, Fire Chief
STAFF CONTACT: Charlie Bedolla, Deputy Fire Marshal

RECOMMENDED ACTION: Adopt a resolution approving the use of cooperative purchasing for a Tiger Bengal Series Mid-Mount Boom Mower with 50’’ Rotary Swivel Head on a new John Deere 6M105 Tractor, to be purchased on behalf of San Benito County per the terms of the grant.

DISCUSSION: The City of Hollister was awarded a grant in the amount up to $675,971.00 for Fuel Mitigation in San Benito County along San Juan Canyon and Cienega Roads. The grant consisted of three phases as follows:

 Phase 1: Year 1 - Fuel Mitigation at San Juan Canyon Road (14mi) and Cienega (10 mi). Clearance of Roadside, cut materials, and harden and create defensible space hear and around homes to reduce and mitigate hazards and wildfire – Completed
 Phase 2: Year 2 - Fuel Mitigation at San Juan Canyon Road (14mi) and Cienega (10 mi). Clearance of Roadside, cut materials, and harden and create defensible space hear and around homes to reduce and mitigate hazards and wildfire – Completed
 Phase 3: Year 3 - Purchase Equipment to continue mitigation work in partnership with San Benito County Personnel

As the City enters Phase 3, staff has identified the Tiger Bengal Series Mid -Mount Boom Mower with a 50” Rotary Swivel Head on a John Deere 6M105 Tractor as the appropriate equipment to support San Benito County’s ongoing fuel mitigation responsibilities under this grant.

Sourcewell, a cooperative purchasing agency, allows government entities to procure equipment at competitive prices. As a member of Sourcewell, the City of Hollister is able to simplify and expedite this procurement process on behalf of San Benito County.

FISCAL IMPACT: The cost of the equipment is $238,807.00. Per the terms of the grant, this expense will be reimbursed. The expenditure is included in the FY 2025–26 budget.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Fuels Reduction Grant

3. Sourcewell Contract

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE USE OF COOPERATIVE PURCHASING FOR A
TIGER BENGAL SERIES MID-MOUNT BOOM MOWER WITH 50”
ROTARY SWIVEL HEAD ON A NEW JOHN DEERE 6M105 TRACTOR ,

TO BE PURCHASED ON BEHALF OF SAN BENITO COUNTY PER THE
TERMS OF THE GRANT.

WHEREAS, the City of Hollister has received a grant that authorizes the purchase of equipment to continue fuel mitigation work along San Juan Canyon Road and Cienega Road in San Benito County; and

WHEREAS, the grant is structured in three phases, with Phase 3 specifically authorizing the purchase of equipment on behalf of San Benito County to support ongoing fuel mitigation efforts; and

WHEREAS, staff has identified the Tiger Bengal Series Mid-Mount Boom Mower with 50” Rotary Swivel Head on a new John Deere 6M105 Tractor as the equipment needed by San Benito County to continue this work; and

WHEREAS, Sourcewell is a cooperative purchasing agency that provides government entities with access to competitively bid contracts; and

WHEREAS, the City of Hollister is a member of Sourcewell and eligible to utilize its cooperative purchasing process; and

WHEREAS, $250,000.00 has been budgeted in the Fiscal Year 2025/26 budget for this purchase, which will be reimbursed per the grant terms.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes:

1. The City Council hereby approves the use of cooperative purchasing through Sourcewell for the acquisition of a Tiger Bengal Series Mid-Mount Boom Mower with 50” Rotary Swivel Head on a new John Deere 6M105 Tractor, to be purchased on behalf of San Benito County pursuant to the grant requirements.

2. The City Manager is authorized to execute any and all documents necessary to complete the purchase in accordance with the grant.

Resolution No. 2025-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxan 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Parks & Recreation-2025-11

AGENDA ITEM: A RESOLUTION ESTABLISHING THE HOLLISTER PARKS, ARTS,

RECREATION, AND CULTURE COMMISSION AND ADOPTING THE PROPOSED BYLAWS

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Charles Wall, Parks and Recreation Director STAFF CONTACT: Monica Becker, Administrative Assistant

RECOMMENDED ACTION: Adopt a resolution establishing the Hollister Parks, Arts, Recreation, and Culture (PARC) Commission and adopting the proposed bylaws for the PARC Commission.

DISCUSSION: At the October 6, 2025, regular City Council meeting, the City of Hollister’s Parks and Recreation Department discussed the formation of a new commission, the Parks, Arts, Recreation, and Culture Commission, in the City of Hollister to promote art in public places that reflect diverse social and cultural perspectives. The Council provided direction and feedback on the proposed composition and role of the Commission.

The PARC Commission shall be composed of seven (7) members, five (5) of whom shall be residents of the City of Hollister. Each member of the City Council shall nominate one member of the Parks, Arts, Recreation, and Culture Commission subject to the approval of the City Council. All nominations for appointment are subject to the approval of the City Council. Two (2) members shall be aged 16-24 to help represent and bring attention to the needs of Hollister’s youth.

The Commission is to enrich the lives of the City’s residents and visitors, and contribute to the vitality of the City’s economic development. The PARC Commission will study problems, activities, and concerns of the youth. In addition, the Commission shall hold forums on these problems and recommend community programs to the City Council which the Commission finds are needed and/or desirable.

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

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

At the May 19, 2025, City Council meeting, City 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 under the California Environmental Quality Act (CEQA). As such, it is not subject to CEQA.

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 THE HOLLISTER PARKS, ARTS, RECREATION, AND

CULTURE COMMISSION AND ADOPTING THE PROPOSED BYLAWS

WHEREAS, the City of Hollister’s (City) Parks and Recreation Department seeks to form the Hollister Parks, Arts, Recreation, and Culture (PARC) Commission in the City of Hollister to promote art in public places that reflect diverse social and cultural perspectives; and

WHEREAS, The PARC Commission shall be composed of seven (7) members, five (5) of whom shall be residents of the City of Hollister. Each member of the City Council shall nominate one member of the Parks, Arts, Recreation, and Culture Commission, subject to the approval of the City Council. Two (2) members shall be aged 16-24 to help represent and bring attention to the needs of Hollister’s youth ; and

WHEREAS, the responsibilities of the PARC Commission are found in the Bylaws, incorporated herein by reference and attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister hereby establishes the Parks, Arts, Recreation, and Culture 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 October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Hollister Parks, Arts, Recreation, and Culture Commission Bylaws

HOLLISTER PARKS, ARTS, RECREATION, AND CULTURE COMISSION (PARC) BYLAWS
The Parks, Arts, Recreation, and Culture (PARC) Commission of the City of Hollister is committed to promoting art in public places that reflect diverse social and cultural perspectives in our community in order to enrich the lives of the City’s residents and visitors and contribute to the vitality of the City’s economic development. In addition, the PARC Commission will study problems, activities, and concerns of the youth; hold forums on these problems and recommend community programs to the City Council which the Commission finds are needed and/or desirable.

ARTICLE I - THE COMMISSION

Section 1. Name: The name of this body is the “Hollister Parks, Arts, Recreation, and Culture Commission”.

Section 2. Composition: The PARC Commission shall be composed of seven (7) members, five (5) of whom shall be residents of the City of Hollister. Each member of the City Council shall nominate one member of the Parks and Recreation Advisory Commission subject to the approval of the City Council. All appointments are subject to the approval of the City Council.

Two (2) members shall be aged 16-21 to help represent and bring attention to the needs of Hollister’s youth.

Section 3. Term of Office: The term of office of the members of the PARC Commission appointed by individual Council Members shall be the same as the term of the appointing Council Member. The term of office of the Commissioner appointed by the Mayor shall be the same as the term of the Mayor. Any vacancy by a member appointed by a Council Member shall be filled by the Council Member whose district the member represents. Applicants from another district may be appointed if there are no applicants from the Council Members’ district. All nominations for appointment are subject to the approval of the City Council.

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

Section 3.1 Attendance Policy:

Commissioners are expected to attend all meetings of the PARC Commission. Attendance and ongoing participation of the Advisory

Hollister Parks, Arts, Recreation, and Culture Commission Bylaws

Commission 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 l etter when he or she has reached two unexcused absences from regular meetings, special meetings, or commission- sanctioned events. Absences will be excused and recorded in the Arts and Culture minutes if the Chairperson or City staff is notified of a Commissioners absence.

Section 3.2 Resignations:

A Commissioner wishing to resign before the expiration of the Commissioner's 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 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 soonest.

Section 4. Duties of Commission: To advise the City Council on all matters affecting the City’s culture. Act as an advisory agency to the City Council on all Hollister parks, arts, recreation, and culture matters, and the needs of the citizens of the City of Hollister. Communicate written and oral recommendations directly to the Council Member who appointed them.

Arts include but are not limited to painting, sculpture, architecture, poetry, music, literature, theatre, and dance. Commissioners shall help promote the community's cultural enrichment by establishing an effective liaison between the City and local cultural and artistic groups.

Study and consider long-range plans for the development and improvement of the Hollister Parks, Arts, Recreation, and Culture Commission, giving due regard to the Park Facility Master Plan, and the needs of the City of Hollister residents.

Review and recommend special permits and proposals that deviate from the adopted Park Facility Master Plan.

Complete other related duties and/or assignments as directed by the City Council.

Hollister Parks, Arts, Recreation, and Culture Commission Bylaws

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 both the Chairperson and the Vice-Chairperson, if enough Commissioners are present to constitute a quorum (4), the members present shall designate an Acting Chairperson for the meeting.

Section 4 Commission Secretary: The Parks & Recreation Department Director 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, servi ng as a liaison for all Commission communications, serving as technical advisor to the Commission, and at the direction of the City Manager providing necessary research and analysis.

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 (2) years. These positions are limited to two (2) 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: Regular Parks, Arts, Recreation, and Culture Commission meetings are held in the Council Chambers of City Hall, 375 Fifth Street, Hollister, California at 6:00 P.M. on the second Tuesday of each of the following months: February, May, August, and November.

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

Hollister Parks, Arts, Recreation, and Culture Commission Bylaws

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 from time to time 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: Four (4) Commissioners constitute a quorum for the transaction of business. Action 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
g. Adjournment
All official actions shall be entered in the minutes of each meeting as action minutes, said minutes to be prepared by the Secretary and shall be approved by the Commission at the next regular meeting.

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. Public Comment: Any person wishing to speak on matters within the subject matter jurisdiction of the Commission must fill out a speaker’s card prior to addressing the Commission.

Section 10. 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. Agenda items will be brought forward by staff and/or at the direction of the City Council. The agenda will

Hollister Parks, Arts, Recreation, and Culture Commission Bylaws

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 bylaw amendment may be introduced at one meeting and voted on at the same or subsequent meetings. Upon a successful vote, the proposed amendment shall be presented to the City Council for ratification at the regular scheduled Council meeting.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Police-2025-10

AGENDA ITEM: A RESOLUTION ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $65,000.00 FOR OVERTIME

REIMBURSEMENT AND SPECIALIZED EQUIPMENT

DEPARTMENT: Police
DEPARTMENT HEAD: Carlos Reynoso, Police Chief
STAFF CONTACT: Michael Paddy, Police Captain

RECOMMENDED ACTION: Adopt a resolution authorizing the acceptance of a grant from the Office of Traffic Safety for expenditure s through October 2026 and approve the budget appropriation form.

DISCUSSION: The Hollister Police Department has applied for a Traffic Safety grant from the Office of Traffic Safety for the last fourteen years. These Selective Traffic Enforcement Programs (STEP) grants routinely reimburse the City of Hollister for Police Officer overtime incurred while conducting extra patrols for traffic-related issues.

The types of extra patrols can include distracted driver enforcement, where drivers are stopped for using a cellphone while driving to make calls or send texts, seatbelt enforcement for drivers who fail to wear their seatbelts, pedestrian safety patrols for vehicles that do not yield to pedestrians in crosswalks, and bicycle safety enforcement.

The grant also reimburses the city for the overtime costs of officers conducting DUI checkpoints in our community, and it can pay for specialized equipment, such as radar trailers or lighting for DUI checkpoints, as well as other equipment used during checkpoint operations.

This year, the Police Department submitted a request for a grant that includes money for overtime reimbursement and miscellaneous equipment. The request was for a combined total of $65,000.00. At the time of the Fiscal year 2025 -2026 budget hearing, an appropriation of $77,000.00 of grant revenue and $70,000.00 for Police Overtime was approved, as staff had indications that the grant would be approved at the requested level.

The Office of Traffic Safety has awarded a grant to the City of Hollister for the amount of $65,000.00. If accepted, the grant money will be made part of the upcoming 2025 -2026 fiscal year and 2026-2027 fiscal year budget for expenditure through October 2026. Staff is requesting council authorization for acceptance of the grant. A budget amendment form is attached to this report and reflects the necessary changes to align the budget with the final grant award

FISCAL IMPACT: Reduction of $5,000.00 of budgeted grant revenue, with a total of $65,000.00 in overtime salary reimbursement to the City of Hollister

PREVIOUS COUNCIL OR COMMISSION ACTION: Council approved the application for this grant at the September 15, 2025, meeting (Resolution No. 2025-126)

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Grant Agreement

3. Budget Adjustment Request Form

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING A GRANT FROM THE OFFICE OF TRAFFIC SAFETY FOR THE AMOUNT OF $65,000.00 FOR OVERTIME REIMBURSEMENT AND

SPECIALIZED EQUIPMENT

WHEREAS, the Hollister Police Department has applied for and received traffic safety grants from the Office of Traffic Safety for the last fourteen years; and

WHEREAS, these Selective Traffic Enforcement Programs (STEP) grants reimburse the City of Hollister for Police Officer overtime incurred while conducting extra patrol for traffic- related issues; and

WHEREAS, the types of extra patrol can include distracted driver enforcement when drivers are driving while using a cell phone for making calls or texting, seat belt enforcement for drivers who drive without wearing a seatbelt, pedestrian safety patrols for vehicles that do not yield for pedestrians in the crosswalks, or bicycle safety enforcement; and

WHEREAS, a new grant has been awarded to the city, which will fund those mentioned activities as well as DUI checkpoints and DUI saturation patrols.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the Interim City Manager to accept a grant from the Office of Traffic Safety for the amount of $65,000.00 for overtime reimbursement and specialized equipment .

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

BUDGET ADJUSTMENT REQUEST FORM
Fiscal Year: 25-26 Prepared By:T. Casarez Date:9/22/2025 DH Approval:C. Reynoso
Fund Cost Center Account Number Account Title Project Code Increase Decrease 223 1000 430016 STATE GRANT $12,000
Summary and Justification:

Date: BA Entered By:

Date:Date:

Res. No.:Date Approved: Journal No.

1. Transfers between and within classifications of expenditures (i.e. between Salaries and Services and Supplies or between Professional Services and Office Supplies) must be approved by the City Manager.

2. Transfers between funds must be approved by the City Council.

3. Increase in budget needs to be offset by an additional revenue source or available fund balance.

FOR FINANCE USE ONLY:

Approvals
(Round up to the nearest dollar)
There was an appropriation of $77,000 of grant revenue approved with the FY25-26 budget. The grant awarded was a total of $65,000.00.

There is a need to adjust the revenue amount to match the actual amount of the grant award. *Route to Finance, for review, prior to approvals.

Finance Review:

City Manager Approval:

City Council Approval:

7.29.24 Docusign Envelope ID: D00DE9F2-D71C-4FDC-AFFD-9F27D42ED2D9 9/22/2025 | 3:16:27 PM PDT
9/22/2025 | 3:19:23 PM PDT
9/22/2025 | 3:33:08 PM PDT

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Public Works-2025-55

AGENDA ITEM: A RESOLUTION GRANTING A REQUEST BY CITY STAFF TO WAIVE BUILDING PERMIT FEES FOR CITY CIP C2505, COMMUNITY CENTER

BATHROOM REMODEL

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

RECOMMENDED ACTION: Adopt a resolution granting a request from City staff to waive the Building Permit fees associated with City CIP C2505, Community Center Bathroom Remodel, in the amount $16,026.80.

DISCUSSION: City Council awarded the contract for CIP C2505 for the Community Center Bathroom Remodel on June 16, 2025, by Resolution 2025-93. Since it is a City initiated project, on a City owned Building, Building permit fees were not included in the bid item list during the solicitation requesting bids, therefore the cost is not included in the awarded contract price. Payment of the Building Permit fees would be the City paying itself for the Building Permit, and the fees would all be returned to the City.

The City Council has discretion to approve or deny the waiver of permit fees on a case - by-case basis.

FISCAL IMPACT: Approval of the waiver would have no fiscal impact on the City.

PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution 2025-93.

CEQA: Approval of this resolution does not constitute a project under CEQA guidelines.

ATTACHMENTS:

1. Resolution

2. 20251028-INVOICE

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A REQUEST FROM CITY STAFF FOR A WAIVER OF
BUILDING PERMIT FEES FOR CITY CIP C2505, COMMUNITY CENTER

BATHROOM REMODEL

WHEREAS, on June 16, 2025, City Council approved Resolution No. 2025-93 accepting the bids received and awarding a contract to Estate Design and Construction for the completion of CIP C2505, Community Center Bathroom Remodel; and

WHEREAS, the construction contract did not include payment of City permitting fees since it is a City initiated project; and

WHEREAS, the City Council recognizes that payment of Building Permit fees would be the City paying itself for a Building Permit; and

WHEREAS, The City Council has discretion to approve or deny the waiver of permit fees on a case-by-case basis.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve a full waiver of Building Permit fees for CIP 2505, Community Center Bathroom Remodel, in the amount of $16,026.80.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 6, 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 October 6, 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 October 6, 2025.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

City of Hollister
Building Department Finance Total

ESTATE DESIGN AND CONSTRUCTION
300 WEST STREET
20251074
COMMERCIAL INTERIOR REMODEL AT THE REC. CENTER
101-4-1000-420-050 Building Permit Fee $14,830.57
101-4-1000-440-034 $0.00
101-4-1000-420-050 $0.00
101-4-1000-440-034 $0.00
101-4-1000-440-035 Planning Services $0.00
101-2-280-007 SMIP $55.94
101-2-280-020 Green $8.00
101-4-1000-440-049 Code Enforcement $0.00
101-4-4005-440-094 General Plan Update $519.07
BLDNG%GPU
101-4-4005-440-058 Technology Fee $593.22
BLDNG%TF
101-4-4005-440-037 Document Fee $20.00
BLDNG_DF
Payment "Pay to the Order of" City of Hollister Total $16,026.80 9/16/2025
Plan Check
Plan Check Deposit
Adittional Plan Check

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Community Development-2025-62

AGENDA ITEM: AN ORDINANCE AMENDING THE CITY OF HOLLISTER ZONING

MAP PREZONING FOR FUTURE ANNEXATION OF THE PROPERTY LOCATED AT 1285 MCCRAY STREET, APN 020-100-014 INTO THE GENERAL COMMERCIAL ZONING DISTRICT (PZ 2025-1)

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

RECOMMENDED ACTION: Hold a public hearing and introduce an ordinance amending the City of Hollister Zoning Map to prezone the property located at 1285 McCray Street, APN 020-100-014, into the General Commercial Zoning District, and schedule a second reading and adoption for the October 20, 2025 City Council meeting.

CEQA: The prezoning of this parcel for future annexation is categorically exempt from CEQA pursuant to Section 15301, Existing Facilities, of the CEQA Guidelines.

DISCUSSION: This is a City-initiated proposal for the prezoning for future annexation of the property located at 1285 McCray Street, further identified as San Benito County Assessor’s Parcel Number 020-100-014. The subject property is 0.25 acres in size and contains an existing gas station (Toro Petroleum).

Figure 1. Vicinity Map

On August 18, 2025, the City Council adopted Resolution 2025 -108 authorizing the

initiation of Prezone 2025-1 for the prezoning of the subject property into the General Commercial (GC) Zoning District. The current General Plan designation of the property is General Commercial. The property is currently an unincorporated “island”, surrounded by incorporated city parcels on all sides. The parcel is located within the City of Hollister Sphere of Influence.

ANALYSIS: 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”) regarding former right-of-way property at the southern end of McCray Street/Prospect Avenue (See Figure 2).

Figure 2. Adjacent Surplus Property

As part of the Agreement, it was established that the buyer of the surplus parcel, who is also the owner of the subject property at 1285 McCray Street, would participate in the annexation of the unincorporated parcel into the city limits. The City is facilitating the annexation process.

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 Subject Property Adjacent Surplus
Property

to sewer services would be a ministerial process as no jurisdictional boundary changes would be necessary. The property will be served by City police and fire services.

General Plan Update

On August 4, 2025, the City Council approved Resolution 2025-106, adopting a temporary annexation policy during the citywide General Plan update. As a part of the 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, as previously described. The 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.

Annexation Process

The process for annexation of a parcel is described in Table 1 below. On August 28, 2025, the Planning Commission considered the application for Prezone 2025 -1 and adopted Resolution 2025-21 recommending approval of the Prezone to the City Council.

The current step in the process is for the City Council to introduce an ordinance to amend the Zoning Map to prezone the property, followed by a second reading and adoption.

Table 1. Prezoning and Annexation Overview

Step Description
1 Application filed for a request for initiation of prezoning and annexation. 2 City Council approves the initiation of the annexation to begin. 3 Formal application for the prezoning and annexation is filed. Environmental review is completed.
4 Planning Commission makes a recommendation to the City Council for the proposed prezoning and annexation (Public Hearing).
5 City Council holds a public hearing to consider an ordinance to amend the Zoning Map (first reading) and approve the Prezoning application (Public Hearing).
6 City Council conducts a second reading and approves the ordinance to Prezone.
7 City Council approves a resolution authorizing the submission of an application for the proposed annexation to the Local Agency Formation Commission (LAFCO).
8 LAFCO considers and approves the annexation application (Public Hearing).
9 Certificate of Completion is filed with the County Clerk by LAFCO. 10 Annexation maps and required fees are filed with the State Board of Equalization by LAFCO.

Property Tax Exchange

The Revenue and Taxation Code allows counties and cities to enter into Master Property Tax Agreements for the exchange of property tax revenues in the event of annexation of

territory or parcel into a city. The City Council of the City of Hollister approved a Property Tax Exchange Agreement on November 15, 2021, for commercial and industrial properties (Resolution 2021-215).

CONCLUSION: As a condition of the sale of adjacent surplus land, the City has entered into an agreement with the property owner of 1285 McCray Street (APN 020-100-014) to annex the property into the city limits. The City has agreed to facilitate the annexation process as part of this agreement. The parcel is proposed to be annexed into the General Commercial (GC) Zoning District, consistent with the current General Plan designation of General Commercial. The property is located within both the City’s Planning Area and the Sphere of Influence, and is currently an unincorporated “island” surrounded on all sides by incorporated parcels.

Staff and the Planning Commission are recommending that the City Council adopt an ordinance to amend the Zoning Map to approve this prezo ning proposal and ultimately proceed through the LAFCO process.

FISCAL IMPACT: The City of Hollister agreed to facilitate the processing of the Prezoning Application, which has come with staff costs for time spent. However, further costs such as the application to LAFCO will be paid by the applicant and/or recouped by the City as per the terms of the sale agreement. Property taxes will be collected and shared with San Benito County in accordance with the Tax Sharing Agreement, and sales taxes from the existing commercial development will be transferred to the City upon annexation.

PREVIOUS COUNCIL OR COMMISSION ACTION:

8/18/2025 – City Council adopted Resolution 2025-108 authorizing the Initiation of Prezone.

8/28/2025 – Planning Commission adopted Resolution 2025-21 recommending approval of Prezone 2025-1 to the City Council.

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 prezoning and 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. Ordinance approving Prezone 2025-1

2. Planning Commission Resolution 2025-21 (unsigned)

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE CITY

OF HOLLISTER ZONING MAP TO PREZONE THE PROPERTY
LOCATED AT 1285 MCCRAY STREET (APN 020 -100-014) FOR

FUTURE ANNEXATION AS PART OF THE AGREEMENT FOR

PURCHASE AND SALE OF SURPLUS REAL PROPERTY AND JOINT
ESCROW INSTRUCTIONS.

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, under the provisions of Section 17.24.250 of the Zoning Ordinance, the City Council authorized the initiation of the application for Prezoning 2025 -1 on August 18, 2025 (Resolution 2025-108); and

WHEREAS, on August 28, 2025, the Planning Commission held a duly n oticed public hearing to consider the request, and following the close of the public hearing determined to adopt Resolution 2025-21 recommending approval of the Prezone Application to the City Council; and

WHEREAS, under the provisions of Section 17.24.250(D) of the Zoning Ordinance, the City Council is charged with receiving the Planning Commission’s recommendation and taking action on the approval, modification, or disapproval of Prezone Applications based upon the required findings for approval found in Section 17.24.250(E); and

WHEREAS, the City Council held a duly noticed public hearing on October 6, 2025, to consider the request, review the staff report, and receive written and oral testimony for and against the proposal; and

WHEREAS, after closing the public hearing, the City Council deliberated and determined to approve Prezone 2025-1 in accordance with Section 17.24.250.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hollister makes the following findings regarding the approval of Prezone 2025-1:

Ordinance No. XXXX

1. Finding: The approval of the project 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. There is no proposed development on the parcel to be annexed. There is an existing gas station on the property which is proposed to remain.

2. Finding: The amendment is internally consistent with all other provisions of the General Plan because:

The current General Plan land use designation of the parcel is General Commercial. The proposed prezoning is to the General Commercial (GC) Zoning District, which is consistent with the General Plan designation. The parcel is an existing unincorporated “island” surrounded by incorporated properties. The annexation of this parcel with eliminate the “island” condition which is consistent with City General Plan guidance as well as with State law as enforced by LAFCO which indicates that islands should not be created.

3. Finding: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because:

The property is an unincorporated island. The annexation of the parcel will obligate the property owner to contribute toward property taxes in the city. The City has historically maintained surrounding infrastructure on behalf of this property, without the property’s contribution toward this maintenance. Annexation will ensure that the fair contribution via property taxes is received in return for ongoing public maintenance for and surrounding this currently unincorporated parcel, which is of public interest to city taxpayers. Additionally, the property is currently served by a septic tank. The regional water board has adopted policies desiring to phase out septic tanks on small parcels. Though the septic tank is currently functional, should it fail in the future, the property would be required to connect to the City’s municipal sanitary sewer system. Proactive incorporation of the parcel will allow for administrative connection to the sanitary sewer system in the case of a failure or any other emergency in the future, which will ensure timely facilitation of such a connection – protecting the surrounding properties and public from any prolonged health and safety consequences of such a failure.

The project has been determined to be categorically exempt from CEQA related to any potential environmental impacts (Section 15301, Existing Facilities ) because there are no changes to the existing use or site development proposed for the annexed parcel.

4. Finding: The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and p rovision of utilities) for proposed or anticipated uses or development because:

The property contains an existing gas station (Toro Petroleum). No development of the site to be annexed is proposed, and the existing gas station is intended to remain. The proposal will only result in a jurisdictional boundary change.

Ordinance No. XXXX

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

SECTION 1. The City of Hollister Zoning Map is hereby amended to include reference to this Ordinance, it’s date of approval, and its name as abbreviated to “PZ 2025-1 1285 MCCRAY STREET” as part of its refence of amendments.

SECTION 2. The City of Hollister Zoning Map is further authorized to be amended to include the property located at 1285 McCray Street, APN 020 -100-014, as further described in Exhibit A of this Ordinance, attached hereto as referenced, as part of the City of Hollister City Limits and designated as “GC”, General Commercial Zoning District, immediately upon annexation of the property into the City Limits by action of the Local Agency Formation Commission (LAFCO).

SECTION 3. This ordinance shall authorize the prezoning of the subject parcel into the General Commercial Zoning District for two (2) years following the date of adoption, during which time, the application for annexation shall be filed with LAFCO and the property annexed into the corporate limits of the City of Hollister. Should the property fail to be fully annexed into the City of Hollister city limits within two years of the date of the approval of this ordinance, the Ordinance shall be deemed expired and repealed and the prezoning designation void. Nothing in this ordinance shall prohib it the property owner from applying for any subsequent application for prezoning and annexation of this parcel should it expire and be repealed per this section.

SECTION 4. 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 5. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 6. 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 October 6, 2025, and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on __Adoption Date__ 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. __Ordinance Number__ 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 __Adoption Date__, 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 __Adoption Date__.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Ordinance No. XXXX

Exhibit A. Legal Description

Ordinance No. XXXX

Exhibit B. Prezone 2025-1

RESOLUTION 2025-21

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PREZONING 2025-1 TO PREZONE THE PROPERTY LOCATED AT 1285 MCCRAY STREET (APN 020-100- 014) INTO THE GENERAL COMMERCIAL (GC) ZONING DISTRICT (PZ 2025-1)

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, under the provisions of Section 17.24.250 of the Zoning Ordinance, the City Council authorized the initiation of the application for Prezoning 2025-1 on August 18, 2025 (Resolution 2025-108); and

WHEREAS, under the provisions of Section 17.24.250(C) of the Zoning Ordinance, the Planning Commission is charged with receiving, investigating, and recommending to the City Council the approval, modification, or disapproval of prezoning applications based upon the required findings for approval found in Section 17.24.250(E); and

WHEREAS, the Planning Commission held a duly noticed public hearing on August 28, 2025 to consider the request, review the staff report, and receive written and oral testimony for and against the proposal; and

WHEREAS, after closing the public hearing, the Planning Commission deliberated and determined to make a recommendation to the City Council in accordance with Section 17.24.250.

NOW, THEREFORE BE IT RESOLVED, that the Planning Commission does hereby recommend, in accordance with Section 17.24.250, that the City Council take the following actions:

1. Approve the application for Prezone 2025-1 as proposed for the annexation of APN 020-100-014 located at 1285 McCracy Street.

PC Resolution 2025-21
PZ 2025-1 / 1285 McCray Street

2. Adopt a resolution authorizing the submission of an application to annex APN 020-100-014 to the Local Agency Formation Commission.

BE IT FURTHER RESOLVED, that in support of the above recommendation to the City Council, the Planning Commission makes the following findings for Prezone 2025-1:

1. Finding: The approval of the project 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. There is no proposed development on the parcel to be annexed. There is an existing gas station on the property which is proposed to remain.

2. Finding: The amendment is internally consistent with all other provisions of the General Plan because:

The current general plan land use designation of the parcel is General Commercial. The proposed prezoning is to the General Commercial (GC) Zoning District, which is consistent with the general plan designation. The parcel is an existing unincorporated “island” surrounded on all sides by incorporated properties. The annexation of this parcel with eliminate the “island” condition which is consistent with City General Plan guidance as well as with State law as enforced by LAFCO which indicates that islands should not be created.

3. Finding: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because:

The property is an unincorporated island. The annexation of the parcel will obligate the property owner to contribute toward property taxes in the city. The City has historically maintained surrounding infrastructure on behalf of this property, without the property’s contribution toward this maintenance.

Annexation will ensure that the fair contribution via property taxes is received in return for ongoing public maintenance for and surrounding this currently unincorporated parcel, which is of public interest to city taxpayers. Additionally, the property is currently served by a septic tank. The regional water board has adopted policies desiring to phase out septic tanks on small parcels. Though the septic tank is currently functional, should it fail in the future, the property would be required to connect to the City’s municipal sanitary sewer system.

Proactive incorporation of the parcel will allow for administrative connection to the sanitary sewer system in the case of a failure or any other emergency in the future, which will ensure timely facilitation of such a connection – protecting the surrounding properties and public from any prolonged health and safety consequences of such a failure.

PC Resolution 2025-21
PZ 2025-1 / 1285 McCray Street

The project has been determined to be categorically exempt from CEQA related to any potential environmental impacts (Section 15301, Existing Facilities) because there are no changes to the existing use or site development proposed for the annexed parcel.

4. Finding: The affected site is physically suitable (including absence of physical constraints, access, and compatibility with adjoining land uses, and provision of utilities) for proposed or anticipated uses or development because:

The property contains an existing gas station (Toro Petroleum). No development of the site to be annexed is proposed, and the existing gas station is intended to remain. The proposal will only result in a jurisdictional boundary change.

PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on the 28th of August 2025 by the following vote:

AYES: Torres de Luna, Rodriguez, Hernandez, Perez
NOES: None
ABSTAIN: None
ABSENT: Belong

Chairperson of the Planning Commission
of the City of Hollister

ATTEST:

Eva Kelly, Secretary

Please Note

It is the sole responsibility of the project applicant to comply with the conditions and findings as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the Planning Commission at their meeting. In addition, the City provides for a 15- day appeal period.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 6, 2025
REPORT # Community Development-2025-64

AGENDA ITEM: AMENDMENTS TO THE ZONING ORDINANCE (ZOA 2025-3)

AMENDING LANGUAGE IN THE ZONING ORDINANCE RELATED TO

LEGISLATIVE UPDATES, USE MATRIX, AND DEFINITIONS

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

RECOMMENDED ACTION: Hold a public hearing and introduce an ordinance approving amendments to the Zoning Ordinance related to Phase 2 of the Zoning Ordinance Comprehensive Update.

DISCUSSION: Staff’s discussion of the proposed amendments are separated into the following categories.

Background

Staff are proposing several amendments to the Zoning Ordinance to comply with recent changes in State Law; provide additional definitions to support the permitted and conditionally permitted land uses; to ensure that residential dwellings are included in mixed-use developments; for consistency between all use tables and the definitions; and related amendments for clarity.

This clean-up is part of staff’s overall goal to comprehensively update the existing Zoning Ordinance. The proposed amendments will provide clarity for Staff and the public while staff continue to work on the overhaul.

The proposed phases of the overhaul are as follows:

 Phase 1 – Edits to the Zoning Ordinance for consistency with State Law. In the past two years, Staff have made several amendments to the Zoning Ordinance for consistency with State Law. This Phase is on-going and as needed.  Phase 2 – Edits to the Use Tables and Definitions. Staff have identified this as an important step in order to clear up inconsistencies and provide clear definitions for each use listed in the use tables.
 Phase 3 – Comprehensive update of permitting requirements. Staff intend to repeal and replace Chapter 17.24, Administration and Enforcement, of the Zoning Ordinance. Planning Commission Study Sessions on the modifications began in September.
 Phase 4 – Remainder of the Zoning Ordinance.

The Planning Commission reviewed the proposed amendments during a Study Session on June 26, 2025. On August 28, 2025, the Planning Commission adopted Resolution No. 2025-20 recommending City Council approval of the proposed amendments.

The City has created a webpage which provides information on upcoming meetings and study sessions related to the Overhaul. The webpage can be accessed from the Planning Department’s page or
https://hollister.ca.gov/government/departments/development_servic es/planning/zoning _ordinance_updates.php

Legislative Clean-up

Several amendments to the Zoning Ordinance are required to comply with State Law.

These amendments are described in further detail below.

Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits

The definition of Accessory Dwelling Unit in Section 17.26.030 must be amended to correct the Government Code Section identified which was changed under SB 477 (the State’s regulations for Accessory Dwelling Units were moved within the Government Code). For consistency with the updated Government Code, the Section reference must be changed to Section 66313.

Chapter 17.34, Density Bonus

The State of California has passed several bills which amended required regulations for Density Bonuses. These required modifications to our Zoning Ordinance are as follows:

 Amendments to required concessions and amendments (SB 713).  Amendments to how density is calculated in a mixed-use development (AB 2334).  Required to allow density bonuses for shared housing development (AB 682).  Modifications to the definition of student housing developments (AB 3116).  Modifications to developments that qualify as senior housing (AB 3116).

The proposed amendments to this Chapter are included in Attachment 2. New text is shown in bold and underlined font and deleted test is shown in red strikethrough.

Religious Assembly

Churches and Places of Worship are regulated by the Religious Land Use Protection Act (RLUPA). Churches and Places of Worship (defined as ‘Religious Assemblies’ in the Zoning Ordinance) must be allowed with the same permitting requirements as similar uses (or gathering type uses). To comply with these requirements, several modifications are required and are shown on the amended use tables discus sed in further detail below.

Required Uses

Several uses are required to be permitted or allowed with a Conditional Use Permit that are not included in the City’s Use Tables. Staff have added the uses (such as Emergency Shelters) as required by the State. These amended uses are included in the use table modifications which are described in detail below.

Minor Modifications to Use Tables

Most of the proposed modifications related to the Use Tables are for clarity, for consistency, to match the existing definitions, and to eliminate the number of types of uses listed which can be included within other use types. Additionally, staff are recommending the removal of references to “S&A” within the use tables (indicating the requirement for Site & Architectural Review, as the requirement for design review is separately processed from the requirement for a use permit. It is most appropriate for the land use tables to identify whether a use is permitted, not permitted, or conditionally permitted, while separately, depending upon the location, type, and scope of development or tenant improvement activities, administrative or planning commission -level design review might also be required.

Due to the number of modifications and to ensure formatting consistency across all use tables, Staff is proposing to repeal and replace each use table in the Zoning Ordinance with a new consistently formatted table. Staff have attached redlined Sections of the Zoning Ordinance showing the proposed modification. All proposed deleted text is shown in red font with strikethrough and new text is in bold font and underlined. Reformatted tables will be provided to the Planning Commission at the public hearing.

A summary of the proposed amendments to each table is provided below.

Table 17.04.020 – Residential zone land uses and permit requirements (see Attachment 3).

 Transitional Housing and Community Care Facilities (required by State Law) has been added to the table.
 Permit requirements for Supportive Housing have been added (currently this use type is blank).
 Permit requirements for Family Day Cares have been revised to comply with State Law.
 Use names have been revised for consistency with the definitions and other use tables in the Zoning Ordinance.
 Notes at the end of the Table have been added to the definitions section , where possible, to eliminate the number of notes at the bottom of this table.

Section 17.06.020, Home Office Zoning District (Attachment 4)

 Staff are proposing to repeal Section 17.06.020 and replace with a table, similar to the other zoning districts, listing uses and permitting requirements.  Minor modifications related to consistency with the definitions are also proposed.

Section 17.08.020 – Commercial and Mixed-Use Zones and Permit Requirements (Attachment 5)

 Minor modifications to use names for consistency with definitions and other use tables.
 Added Tasing Rooms as a permitted use.
 Changed Religious Assembly to allowed with an Administrative Permit Review as required by State Law.
 Added Emergency Shelters as required by State Law.
 Added Bail Bonds as a use.
 Deleted notes which are covered in other sections of the Zoning Ordinance or were added to the definitions to limit the number of notes at the end of the Table.  Deleted the note in Section 17.08.020 which lists the permitting requirements which are covered in the table and in other sections of the Zoning Ordinance and causes some confusion and may lead to conflicting sections.

Section 17.10.020 - Industrial Zone Districts and Land Uses (see Attachment 6)

 Use names have been revised for consistency with the definitions and other use tables in the Zoning Ordinance.
 Emergency Shelters (required by State Law) have been added and require a Conditional Use Permit in the M1 (Light Industrial) district.  Several use types were redundant and moved within the definition of another use type (or were already included). For example, ‘furniture and fixtures manufacturing’ is currently listed on the use table but also falls within the use type of ‘manufacturing.’
 Recreation types have been renamed to ‘Commercial Recreation, Indoor – Major – Minor and Outdoor’ for clarity.
 Deleted the note in Section 17.10.020 which lists the permitting requirements which are covered in the table and in other sections of the Zoning Ordinance and causes some confusion and may lead to conflicting sections.

Airport Zone Districts Land Use and Permit Requirements (Attachment 7)

 Several use types were redundant and were relocated. For example, ‘Airport administration and maintenance buildings and facilities’ and ‘Federal Aviation Administration flight services facilities’ (in addition to others) have been wrapped into a new definition ‘Airport and Related Services.’
 Use names have been revised for consistency with the definitions and other use tables in the Zoning Ordinance.
 Added use types to allow for more uses in the airport including uses that are currently in the district.
 Deleted notes which list the permitting requirements which are covered in the table and in other sections of the Zoning Ordinance and cause confusion and lead to conflicting sections.
 Deleted notes that are already noted in other sections of the Zoning Ordinance.

Open Space, Park and Public Facilities Land Use and Permit Requirements (Attachment 8)

 Deleted notes at the beginning which are noted in other sections of the Municipal Code.
 Use names have been revised for consistency with the definitions and other use tables in the Zoning Ordinance.

Definitions

Definitions of terms and uses are currently located in Section 17.02.020 of the Zoning Ordinance.

Due to the number of modifications and to ensure formatting consistency (the formatting of the definitions is currently inconsistent throughout), staff are proposing to repeal Section 17.02.020 and add Chapter 17.68, Definitions, with consistently formatted definitions. All proposed deleted text is shown in red font with strikethrough and new text is in bold font and underlined (Attachment 9).

The following changes are proposed to this Section.

 Several of the definitions previously had a title that did not match the title used in the use tables and these have been corrected for consistency.  Several uses did not have definitions, and these uses have been added.  Additional definitions to aid staff and the public have been provided.  Where possible, similar use types were deleted from a previous section and grouped together.
 Minor edits were made for clarity.

Staff are aware that some sections of the Zoning Ordinance may be inconsistent with the modifications in the definitions section. The purpose of this update is to ensure consistency between the uses listed in each Use Table and the definitions for clarity and to assist staff with inquiries into allowed uses. The remainder of the Zoning Ordinance will be updated to ensure consistency across all sections of the Zoning Ordinance during Phase 3 of the overhaul.

Other Modifications

Staff are also proposing additional modifications to various Sections of the Zoning Ordinance.

Project Sign Notification

Staff are requesting that Section 17.24.070(D) be repealed and replaced with the following:

“Notice of Proposed Project Notification Sign. For all projects that require review of a Conditional Use Permit, Site and Architectural Review, Minor Subdivision,

Tentative Map, Planned Unit Development, Pre-zone, Annexation, Variance, General Plan Amendment, or Re-zoning, the applicant shall install a sign or signs on each site of the proposed project in accordance with the City’s requirements.

Upon notification by staff, a project notification form shall be installed in accordance with the City’s regulations within 30 days. No application shall be deemed complete until the project notification sign is installe d.”

Staff have developed new, more user-friendly guidelines that will adequately notify the public of development projects. The inclusion of these guidelines into the Zoning Ordinance is not appropriate as ss these guidelines may be updated from time to time to reflect the changing needs of the community and the details and specifications are long.

New sign guidelines are available to developers and will be posted on the City’s website.

Mixed-Use Projects

The City currently does not include a requirement for housing to be constructed as part of a mixed-use development. This has led to concerns about the City’s ability to achieve our RHNA (Regional Housing Needs Allocation) in that the Housing Element identifies the mixed-use properties as being eligible to assist the City in meeting our RHNA numbers. However, without a requirement to require housing, there have been project proposals received that do not include both uses. Many of the mixed-use designated sites within the city are also Housing Element sites or are proposed to be a Housing Element site in the 6th Cycle Housing Element Update. Whenever a site that was proposed for housing the Housing Element is removed, the city is required to find a replacement site under “no net loss” requirements.

Staff are proposing to amend Section 17.08.010(D) to include the following (new text in bold and underlined):

“D. Mixed Use Districts. Mixed-Use Districts are intended to provide both commercial and residential uses on one property or development to support the needs of the City and ensure that housing is constructed to meet the City’s Regional Housing Needs Assessment and provide a mix of house types for the community. All mixed-use projects are required to provide residential dwellings that meet the City’s required density for that designation in addition to commercial space.”

Uses Not Listed

Staff are proposing a repeal of Section 17.02.050(C) and to replace it with the following to clarify what happens is a use is not listed within the use tables:

“C. Allowable Uses of Land.

1. Non-Permitted Land Uses. A land use not listed in a land use and permit requirements table is not permitted if the use is not listed in the land use table for that zoning district. The use is also not permitted even if listed as a permitted use in one or more other

zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.

2. Uses Not Listed in Zoning Ordinance. If a use is proposed that is not specifically listed in any of the land use and permit requirement tables or definitions, the Community Development Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all the following findings can be made:
a. The use is similar to other uses allowed in the zoning district. b. The density or intensity of the use is similar to other uses in the zoning district.
c. The use is compatible with permitted or conditionally permitted uses in the zoning district.
d. The use will meet the purpose/intent of the zoning district. e. The use is consistent with the goals and policies of the General Plan.
f. The use will not be detrimental to public health, safety, or welfare.
g. The use will comply with all local, state and federal laws.

3. When the Community Development Director determines that a proposed use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required, and all applicable requirements of the Zoning Ordinance.”

FISCAL IMPACT: $0

PREVIOUS COUNCIL OR COMMISSION ACTION: The Planning Commission reviewed the proposed amendments during a Study Session on June 26, 2025. On August 28, 2025, the Planning Commission adopted Resolution No. 2025 -20 recommending City Council approval of the proposed amendments.

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).

CONCLUSION: Several of the proposed amendments to the Zoning Ordinance are necessary to address recent changes in State Law. Other proposed amendments seek to provide much needed clarity and to ensure that there are adequate definitions to support each use listed in the Use Tables. These revisions will ensure that the City of Hollister’s Zoning Ordinance and Municipal Code are user friendly for both the public and staff.

ATTACHMENTS:

1. Ordinance approving amendments to the Zoning Ordinance.

2. Proposed modifications to Chapter 17.34, Density Bonus

3. Proposed modifications to Table 17.04.020 – Residential zone land uses and permit requirements

4. Proposed modifications to Section 17.06.020 – Home Office

5. Proposed modifications to Section 17.08.020 - Commercial and Mixed-Use Zones and Permit Requirements

6. Proposed modifications to Section 17.10.020 - Industrial Zone Districts and Land Uses

7. Proposed modifications to Airport Zone Districts Land Use and Permit Requirements

8. Proposed modifications to Open Space, Park and Public Facilities Land Use and Permit Requirements

9. Proposed modifications to Definitions

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2025-
3 AMENDING VARIOUS SECTIONS OF TITLE 17 ZONING TO

CLARIFY DEFINITIONS AND USE TABLES ACRESS ALL CITY

ZONING DISTRICTS, AS WELL AS TO PROVIDE MINOR

CLARIFICATION AND LEGISLATIVE CLEAN-UP RELATED TO

DENSITY BONUS AND TO REFLECT CHANGES IN STATE LAW

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

WHEREAS, staff is requesting an amendment to several Sections in the Zoning Ordinance for clarity, to provide new definitions, and to comply with recent changes in state law; and

WHEREAS, the Planning Commission held a duly noticed public hearing on August 28, 2025, and adopted Resolution No. 2025-20 recommending the adoption of Zoning Ordinance Amendment 2025-3 to the City Council; and

WHEREAS, on October 6, 2025, the City Council held a duly noticed public hearing to consider the adoption of Zoning Ordinance Amendment 2025-3; and

WHEREAS, 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).

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

SECTION 1. Section 17.02.020, Definitions, is hereby repealed in its entirety.

SECTION 2. Chapter 17.68, Definitions, is hereby adopted to read as follows:

Chapter 17.68 Definitions

17.68.001 Purpose and Intent. This section provides definitions of terms and phrases used in this Zoning Ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other chapters of the City Code, these definitions shall prevail for the purposes of this Zoning Ordinance. If a word is not defined in this chapter, or other chapters of the City Code, the most common dictionary definition is presumed to be correct. Words used in the

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present tense shall include the future; words used in the singular shall include the plural; the word "shall" or "must" is mandatory, and the word "may" is directory.

17.68.010 24-Hour Operations. 24-hour operations means any land use which is open to employees, business operations, and/or the public for twenty-four (24) hours in any single day, with no period of closure.

17.68.020 Accessory Dwelling Unit. Accessory Dwelling Unit means a second permanent dwelling that is accessory to a legally constructed primary dwelli ng on the same site in a residential zoning district. A secondary unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. See Chapter 17.32.

17.68.030 Accessory Structure. Accessory structure is a detached structure which is incidental to a lawfully established principal structure on the same lot and used to support a lawfully established use.

17.68.040 Accessory Use. An accessory use is a use that is subordinate to the principal use on the same lot as authorized by the specific zoning district and serving a purpose customarily incidental to the principal use, without altering the character of a lawfully allowed use, as determined by the Community Development Director.

17.68.050 Adult. An adult is a person aged 18 or over.

17.68.060 Adult Entertainment Establishment. Please refer to Section 17.22.050, Adult Entertainment Establishments, for definitions and requirements for this use type.

17.68.070 Af fordable Housing. Affordable housing means housing units affordable to families earning at or below 120 percent of the county median income, including very low, low, median and moderate-income units. The specific affordability levels shall be established by the Department of Housing and Community Development in the State Income Limits for San Benito County.

17.68.080 Agent. An agent is a person authorized in writing by the property owner to represent and act for a property owner in contacts with city employees, committees, Commissions, and the Council, regarding matters regulated by this Zoning Ordinance.

17.68.090 Agriculture. Agriculture means farming, dairying, pasturage, apiaries, horticulture, viticulture and animal or poultry husbandry, but not including the commercial feeding of garbage or offal to swine or other animals.

17.68.100 Agriculture Employee Housing. Agricultural employee housing is living quarters for farm or agricultural laborers located on or adjacent to the agricultural operations.

17.68.110 Airport. An airport is an area used for aircraft landing, flight services, administration offices, terminals (executive and general), take -off, storage, and maintenance, airport related buildings, aircraft operations and related facilities, aprons and taxiways, tie-down areas, hangers, control towers, safety lights, communications equipment, and related structures.

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17.68.120 Aircraft Chartering and Leasing. Aircraft chartering and leasing is a company which provides a service where a company, individual or organization can hire the company to fly to a specific destination or where a licensed pilot can lease or rent a plane for personal uses.

17.68.130 Aircraft Fuel Facility. An aircraft fuel facility is a facility which sells fuel or lubrication for use in aircrafts.

17.68.140 Aircraft Manufacturing. Aircraft manufacturing means the manufacture of aircraft or aircraft components, electrical systems, parts or other items used on airplanes.

17.68.150 Aircraft Repair or Services. Aircraft repair or services means the repair of all components of an airplane or servicing of the airplane including washing, maintenance services or painting.

17.68.160 Aircraft Research and Design. Aircraft research and design means a business involved in the design and testing of aircrafts and aircraft related components.

17.68.170 Aircraft Sales. Aircraft sales is the sale or leasing of an airplane or airplane components or accessories.

17.68.180 Air Cargo Facilities. Aircraft cargo facilities means a place where a company or organization loads and moves goods by aircraft for profit.

17.68.190 Air Freight Terminal. An aircraft terminal means a facility which loads goods onto planes for transport, but does not include the ownership of the planes.

17.68.200 Aircraft Parking, Tie-Down and Aircraft Hangers or Shelters. Aircraft parking, tie-down and aircraft hangers or shelters means the parking, temporary locating, or storage of an aircraft within a structure or on a paved area.

17.68.210 Alcohol Sales, Retail. Retail alcohol sales means the sale of beer, wine, and or liquor for consumption off site.

17.68.220 Alley. An alley is a public or private roadway that provides vehicle access to the rear or side of lots having other public street frontage and that is not intended for general traffic circulation.

17.68.230 Ambulance Services. Ambulance services is an establishment which provides ambulance services for the public and includes office, storage and maintenance of ambulances, and temporary sleeping facilities for an ambulance crew.

17.68.240 Ancillary Deli or Café. An ancillary deli or cafe means the preparation and sale of food items such as snacks, sandwiches, coffee or specialty drinks, salads, etc. as an accessory use to a lawfully established primary use on the same site.

17.68.250 Animal Kennels or Boarding. Animal kennels or animal boarding means facilities for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals.

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17.68.260 Animal Sales and Services. Animal sales and services means facilities which sells pets or provides grooming, pet washing, or similar services. The retails sales of pet goods and food is included within the general retail use.

17.68.270 Animal Veterinary Clinics and Hospitals. Animal veterinary clinics and hospitals means an indoor medical treatment facilities used by veterinarians, including large and small animal veterinary clinics, and animal hospitals.

17.68.280 Artist Studio. An artist studio is a facility where an individual(s) produces creative items for sale and/or display and includes pottery, photography, painting, sculpting or other similar mediums. Artist studios include creative spaces for production as well as an area for accessory retail sales.

17.68.290 Assembly Building or Site. Assembly building or site means a building or site that is primarily used for Assembly Use, including but not limited to religious assembly, gymnasiums, libraries, theaters, schools, and community centers.

17.68.300 Assembly Use. Assembly is a use involving the gathering of persons to participate in group or common activity to observe a presentation, performance, or exhibition.

17.68.310 Auditorium. An auditorium is a large room to accommodate an audience for the purpose of speeches, theater and music productions or similar uses, fully enclosed within a building.

17.68.320 Auto Rentals. Auto rentals means a facility where a consumer can rent a vehicle for a fixed amount of time.

17.68.330 Automatic Teller Machine (ATM). An ATM is a machine used by bank and financial service patrons for conducting automated transactions including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks or in other locations.

17.68.340 Automobile Dismantling Yard. See "Recycling, Scrap, and Dismantling Yards."

17.68.350 Banks and Financial Services. Banks and financial services means financial institutions including: banks and trust companies; lending and thrift institutions, credit agencies; brokers and dealers in securities and commodity contracts; security and commodity exchanges; mortgage brokers; holding (but not predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. See also "Automatic Teller Machine."

17.68.360 Bail Bonds. Bail bonds means an establishment where an individual or agency acts as a surety and pledge money or property as bail for the appearance of a defendant in court.

17.68.370 Bars. A bar means a structure or space within a structure where alcoholic beverages are sold for on-site consumption and includes bars, taverns, pubs, billiard/pool halls, restaurants where more than 30 percent of the gross floor area is

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dedicated to a bar (including the bar and bar seating) and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music or dancing, etc.) with approval of a Conditional Use Permit. May also include beer brewing as part of a "brew pub."

17.68.380 Bed and Breakfast Inn. A bed and breakfast inn is a commercial facility designed to appear as a single-family dwelling where bedrooms without individual cooking facilities are rented for overnight lodging (up to 30 days total). This definition does not include "Hotels and Motels," which are defined separately; rooming and boarding houses, which are included under "Multifamily Housing;" or the rental of an entire residence for 30 days or more. Please refer to Section 17.22.080, Bed and Breakfast Inns, for requirements for these types of facilities.

17.68.390 Beauty Salon and Barber Shop. A beauty salon or barber shop means an establishment that provides hair cutting, styling, and similar services. In the Home Office Zoning District, these establishments are limited to two chairs and two employees operating at one time.

17.68.400 Building. See "Structure."

17.68.410 Building Material Store. A building materials store means a primarily indoor (in a commercial building) retail establishment selling lumber and other large building materials, and also including paint, wallpaper, glass, fixtures, nursery stock, lawn and garden supplies (which may also be sold in hardware stores, included under the definition of "Retail Stores, General Merchandise"). Includes all stores selling to the general public, even if contractor sales account for a larger proportion of total sales.

Includes incidental retail ready-mix concrete operations, when the area is not visible from the public right of way. Exterior storage as an ancillary use may be allowed with a Conditional Use Permit and requires screening from the public right of way. These stores may not be located within a mixed-use building.

17.68.420 Building Site. A building site means the land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and use accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by this chapter, and having its principal frontage on a street, road, or highway not to include an alley.

17.68.430 Business Support Services. A business support service is an establishments primarily within structures, providing other businesses with services including maintenance, repair and service, testing, rental, etc. including blueprinting, business equipment repair (excluding vehicle repair), computer services, copy and printing services, film processing, on-site repairs, janitorial services, and window cleaning.

17.68.440 Caretaker and Employee Housing. Caretaker and/or employee housing means a temporary or permanent residence that is accessory to a nonresidential primary use of the site, where needed for security or 24-hour care or supervision.

17.68.450 Cargo Container. See "Shipping Container."

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17.68.460 Carport. A carport is a detached structure enclosed on two or fewer sides without a door used for storage of vehicles used by occupants of the premises.

17.68.470 Catering. Catering means an establishment where food is prepared and assembled for the delivery and off -site consumption of food at another location.

17.68.480 Cemeteries, Columbariums and Mortuaries. Cemeteries, columbariums and mortuaries means an internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full - service funeral parlors, whether accessory to or separate from a cemetery or columbarium.

17.68.490 Chemical Plants. Chemical plans are manufacturing establishments that produce or use basic chemicals and establishments creating products predominantly by chemical processes. This use type also includes sales and transportation establishments handling the chemicals described above. Establishments classified in this major group manufacture three general classes of products:

1. Basic chemicals including acids, alkalizes, salts, and organic chemicals;

2. Chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and

3. Finished chemical products to be used for ultimate consumption including drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries, including paints, fertilizers, and explosives.

17.68.500 Child. A child means a person under the age of 18.

17.68.510 City. City means the city of Hollister, state of California, referred to in this Zoning Ordinance as "city."

17.68.520 City Council. City Council means the City Council of the city of Hollister, state of California, referred to in this Zoning Ordinance as "council."

17.68.530 Clothing Factory. A clothing factory is a manufacturing establishments producing clothing, and fabricating products by cutting and sewing purchased textile fabrics, and related materials including leather, rubberized fabrics, plastics and furs.

Custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store ("General Merchandise Stores") are instead included under "Personal Services."

17.68.540 Clubs and Lodges. Clubs and lodges means permanent meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests, excluding commercial recreation and entertainment. This classification includes union halls, social clubs, community pools, and youth centers.

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17.68.550 Chemical Plants. A chemical plant is a facility which manufactures raw or refined chemicals for use in other industries. Does not include facilities which include the storage, manufacture, or use of hazardous materials.

17.68.560 Combined Zone or Zoning District. A combined zone or zoning district shall have the same meaning as Mixed-Use Zone or Zoning District.

17.68.570 Commercial Filming. Commercial filming means the filming of an event, activity, music video, performances, movie, television show, or commercial on public or private property.

17.68.580 Commercial Recreation. Commercial recreation includes, the following use types. Ancillary sales of food and beverages or goods (related to the use) is allowed for all use types:

1. Commercial Recreation, Minor means establishments (under 25,000 square feet) which provide physical fitness services or amusement and entertainment and includes but is not limited to, bowling alleys, ice/roller skating rinks, billiard parlors, martial arts studios, indoor tennis or racquetball courts, dance studios, arcades, health and fitness clubs, exercise studios, boxing gyms, indoor games, indoor soccer, indoor hockey, indoor play or party centers, art classes or other indoor uses deemed similar by the Community Development Director.

2. Commercial Recreation, Major means establishments for uses also included in Minor Commercial Recreation which are greater than 25,000 square feet and establishments such as indoor sports arenas (where professional or semi-professional teams meet and where there is a charge for viewing), live theaters, live music establishments, roller derby facilities, bingo halls, indoor mini-golf, indoor go-kart racing other uses deemed similar by the Community Development Director.

3. Commercial Recreation, Outdoor means establishments which include indoor and/or outdoor facilities which provide physical fitness services or amusement and entertainment and includes but is not limited to outdoor sport courts, baseball and football stadiums, golf courses, outdoor miniature golf, amusement parks, outdoor go-cart or similar racing, swimming pools, driving ranges, hunting and shooting clubs and other outdoor uses deemed similar by the Community Development Director.

17.68.590 Commission. See "Planning Commission."

17.68.600 Common Area. A common area is an area, or portion thereof, owned in common by all property owners of a subdivision. There may or may not be an open space easement over a common area.

17.68.610 Common Interest Development. Common interest developments includes a condominium, community apartment project, planned development or stock cooperative, as provided by Section 1351 of the Civil Code.

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17.68.620 Community Care Facility. A community care facility means a 24 hour residential facility providing non-medial residential care and support for the elderly, sober living, handicapped, group living, dependent children, or those who need non - medical supportive services. Facilities which serve six (6) or fewer persons is considered to be a residential use and is permitted in the residential zoning districts.

Facilities which serve 7 or more persons requires approval of a Conditional Use Permit.

17.68.630 Community Center. A community center means multipurpose meeting and recreational facilities typically consisting of one or more meeting or multipurpose rooms, small indoor fitness centers, kitchen or outdoor barbecue facilities, that are available for use by various groups for activities including meetings, parties, receptions, dances, etc.

17.68.640 Concrete, Gypsum and Plaster Production. Concrete, gypsum and/or plaster production means manufacturing establishments producing bulk concrete, concrete building block, brick and all types of precast and prefab concrete products.

Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products (e.g., plasterboard, etc.). A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet is defined under "Building Material Stores."

17.68.650 Conditional Use. A conditional use means a land use or activity that is not allowed as a matter of right within a zoning district.

17.68.660 Conditional Use Permit. A Conditional Use Permit or CUP means an approval issued to a landowner allowing a conditional use.

17.68.670 Condominium Project. A condominium project, as defined in Section 1351 of the California Civil Code, means a development consisting of two or more condominiums.

17.68.680 Construction Contractors Yard. A construction contractors yard means a storage area operated by, or on behalf of a contractor licensed by the State of California for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses including offices and repair facilities.

17.68.690 Community Care Facility. A community care facility means a 24 hour residential facility providing non-medial residential care and support for the elderly, sober living, handicapped, group living, depended children, or those who need non - medical supportive services. Facilities which serve six (6) or fewer persons is considered to be a residential use and is permitted in the residential zoning districts.

Facilities which serve 7 or more persons requires approval of a Conditional Use Permit.

17.68.700 Convenience Store. A convenience store is a small shop, corner store or mini-mart that sells a variety of household goods included food, groceries, beverages, toiletries, and other household goods.

17.68.710 Cottage Food. A cottage food establishment means a home-based business, that is incidental to the residential use of the d welling, where individuals

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produce and sell approved non-hazardous foods. A Cottage Food operation must operate in compliance with the Health and Safety Code and Chapter 11.5, Cottage Food Operations, of the California Retail Food Code.

17.68.720 Courier and Small Package Delivery. A courier and/or small package delivery means an establishment where a person or company delivers letters, small packages, or documents. Couriers include establishments which deliver by hand, vehicle, or bicycle.

17.68.730 Crop Production. Crop production involves production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms; associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field of products grown on the premises.

17.68.740 Cultural Institutions. A cultural institutions is an organizations or businesses that preserve, promote, or advance culture, heritage, or the arts and includes the displaying or preserving objects of interest in one or more of the arts or sciences. This classification generally includes libraries, museums, archives, and art galleries where displayed objects are not intended for sale.

17.68.750 Day Care. A day care is a facility that provide non-medical care and supervision of children or adults for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services:

1. Child Day Care Center means a commercial or nonprofit facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.

Includes day care centers, employer-sponsored child care centers, and family day care homes, as defined by Health and Safet y Code Section 1596.750.

These may be operated in conjunction with a school or church facility, or as an independent land use.

2. Family Day Care Home means a home that regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away.

3. Adult Day Care/Health Facility means an organized day program of therapeutic, social and health activities and services provided to elderly persons with functional impairments, either physical or mental, for the purpose of restoring or maintaining optimal capacity for self -care, as defined in Health and Safety Code Section 1570.7.

17.68.760 Density, Gross. Gross density means the number of primary residential dwellings per acre of land within a project site.

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17.68.770 Department. Department means the city of Hollister Community Development Department referred to in this Zoning Ordinance as "Department."

17.68.780 Detached. Detached means any structure that does not have a wall or roof in common with another structure.

17.68.790 Developer. A developer is an owner, project proponent, or subdivider with a proprietary interest in a proposed or constructed project.

17.68.800 Development. A development is any construction activity or alteration of the landscape, its terrain contour or vegetation, including grading, paving and the erection or alteration of structures, alteration of an existing structure or land use, or establishment of a land use.

17.68.810 Development Agreement. A Development Agreement is a contract between the city and an applicant for a development project, in compliance with Chapter

17.24.280 of this Zoning Ordinance and Sections 65864 et seq., of the Government Code.

17.68.820 Development Standards. Development standards are the provisions of this chapter that regulate the site planning and design of a proposed development or new land use, including but not limited to provisions for floor area ratio, height limits, landscaping, minimum lot area and minimum building site area, off -street parking, setbacks, site coverage, signs, and standards for specific land uses.

17.68.830 Director. Director means the Community Development Director of the city of Hollister or his/her designee.

17.68.840 District or Zoning District. A district or zoning district means a portion of the city within which certain uses of land and buildings are prohibited or permitted according to development standards.

17.68.850 Drive-Thru Service and Sales. Drive-thru services and sales means facilities where services may be obtained by motorists without leaving their vehicles.

These facilities include drive-up teller windows in banks, drive-thru pharmacies, and facilities where food or other products may be purchased without leaving a vehicle. This service does not include: automatic teller machines (ATMs) or service stations, which are separately defined, or car washes.

17.68.860 Donation Kiosk. A donation kiosk an accessory structure, truck, bin, or other receptable designed for the donation of goods to a non-profit or for-profit organization.

Donation Kiosks can be manned by an individual or designed so that donations can be made without assistance.

17.68.870 Elderly. Elderly means a person 55 years of age or older but also includes other adults who are chronically ill or impaired and who would benefit from adult day health care, as defined in Health and Safety Code Section 1570.7.

17.68.880 Emergency Shelter. An emergency shelter is a facility that provides temporary (30 days or less) housing for homeless individuals or families.

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17.68.890 Equestrian Facilities. Equestrian facilities means commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals and paddocks accessory and incidental to these uses.

17.68.900 Equipment Sales, Services and Rentals, Indoor. Indoor equipment sales, services and rentals means a facility that sells or rents equipment, or the related repair or services thereof, to individuals or a business. Equipment can include but is not limited to tools, restaurant equipment, forklifts, machinery, medical equipment and is contained entirely within a building. This use may also include the repair of equipment sold by the establishment. This type of facility is not permitted within a mixed-use building.

17.68.910 Equipment Sales, Services and Rentals, Outdoor. Outdoor equipment sales, services, and rentals means a facility that sells or rents equipment, or the related repair or services thereof, to individuals or a business, including the storage of equipment outside of a building. Equipment can include but is not limited to tools, construction equipment, forklifts, and machinery. This use may also include the repair of equipment sold or rented by the establishment. Outdoor facilities shall be screened from view by a wall or solid fence. This type of facility is not permitted within a mixed-use building.

17.68.920 Façade. A façade is that portion of any exterior elevation on the building extending from grade to top of parapet, or eaves, and the entire width of the building elevation.

17.68.930 Family. A family means one or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family shall be deemed to include necessary servants.

17.68.940 Farm Equipment and Supplies Sales, Indoor. Indoor farm equipment and supplies sales means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching within an enclosed building. This type of facility is not permitted in a mixed -use building.

17.68.950 Farm Equipment and Supplies Sales, Outdoor. Outdoor farm equipment and supplies sales means establishments selling or renting agricultural machinery, equipment, and supplies for use in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching which includes sales or storage of products, supplies, or equipment outside or in an unenclosed building.

17.68.960 Fence. A fence means continuous physical barrier comprised of wood, wrought iron, chain link, masonry, concrete, or other similar materials as well as vegetation which provides for separation between adjoining sites or areas within a site.