Hollister City Council
January 20, 2026

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, January 20, 2026, 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 Jennifer P. Thompson, 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

Special and Regular Meeting of the Hollister City Council 5:30 PM Special Meeting- Closed Session
6:30 PM Regular Meeting

A JOINT MEETING OF THE HOLLISTER CITY COUNCIL AND THE SUCCESSOR AGENCY TO

THE HOLLISTER REDEVELOPMENT AGENCY
A joint meeting of the Hollister City Council and the Successor Agency to the Hollister Redevelopment Agency is hereby called for the purpose of conducting city business.

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 City of Hollister City Council Meeting

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

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

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

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

Para acceder a la traducción durante la reunión, por favor 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 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Closed Session Pursuant to Government Code Section 54956.9 Ingrid G. Sywak, and Alexander Sywak vs. City of Hollister; Hollister City Council; and DOES 1-100; case CU-25-00167

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (1 case)

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

4.PLEDGE OF ALLEGIANCE

5.CLOSED SESSION REPORT

6.SPECIAL ORDERS OF THE DAY

6.1 APPRECIATION AND RECOGNITION OF SPONSORS AND VOLUNTEERS – 2025

COMMUNITY EVENTS & PROGRAMS

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

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

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

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

8.1 APPROVE JANUARY 5, 2026 REGULAR MEETING MINUTES
City of Hollister City Council Meeting

8.2 A RESOLUTION APPROVING A THREE-YEAR LEASE EXTENSION WITH HOLLISTER ELKS BUILDING ASSOCIATION FOR LEASE OF 351 ASTRO DRIVE

AT THE HOLLISTER MUNICIPAL AIRPORT
RECOMMENDED ACTION:

Adopt a resolution approving Lease Amendment No. 1 for a Three-Year Lease Extension with Hollister Elks Building Association for the lease of 351 Astro Drive at the Hollister Municipal Airport and authorizing the Interim City Manager to execute Lease Amendment No. 1.

8.3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH A FINANCIAL

AUDITING FIRM FOR ANNUAL AUDITS AND ACFR PREPARATION
RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to negotiate and execute a professional services agreement, consistent with the City’s Purchasing Ordinance exception for financial auditing services, with a qualified financial auditing firm to complete the City’s Annual Comprehensive Financial Report (ACFR) and required Single Audits, and to negotiate and execute amendments to the agreement up to $20,000 subject to available budget appropriations.

8.4 AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR THE

PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE 851 SUNNYSLOPE ROAD PROJECT (S&A 2025-5 AND TM 2025-4)
RECOMMENDED ACTION:

Approve authorization to release a request for proposals for environmental consulting services.

8.5 A RESOLUTION APPROVING RECLASSIFICATIONS OF THE AIRPORT

MAINTENANCE AND OPERATIONS SPECIALIST AND THE MAINTENANCE

WORKER II AND ADDING A PERMIT TECHNICIAN I/II/SENIOR CLASSIFICATION

SERIES TO THE COMMUNITY DEVELOPMENT DEPARTMENT
RECOMMENDED ACTION:

Adopt a resolution approving and establishing two new classifications titled Airport Operations Supervisor and Parks Operations Supervisor to replace two existing classifications as well as establishing new classifications titled Permit Technician I, Permit Technician II and Senior Permit Technician in the Community Development Department.

8.6 A RESOLUTION APPROVING BUDGET ADJUSTMENTS & FUND

APPROPRIATIONS FOR COMMUNITY FACILITIES DISTRICT & ASSESSMENT

DISTRICT SERVICES, & AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL SERVICES AGREEMENT WITH

DEVELOPMENT & PUBLIC FINANCE, LLC
RECOMMENDED ACTION:

Adopt a resolution approving:

1. A Budget Adjustment for appropriation of funds to Fund 218 in the amount of $8,250 for the payment of administrative expenses associated with Community Facilities District (CFD) 2 through June 30, 2026.

2. A Budget Adjustment for appropriation of funds to Fund 712 in the amount of City of Hollister City Council Meeting

$58,950 for the payment of administrative expenses associated with CFD 4 through June 30, 2026.

3. A Budget Adjustment for appropriation of funds to Fund 713 in the amount of $17,650 for the payment of administrative expenses associated with CFD 5 through June 30, 2026.

4. A Budget Adjustment for transfer of funds within Fund 709 accounts in the amount of $1,750 for the payment of administrative expenses associated with Landscape and Lighting District 93-1 (LLD 93-1) through June 30, 2026.

5. Contract Amendment #1 to the Professional Services Agreement with Development & Public Finance, LLC to provide CFD and Assessment District services through June 30, 2026.

8.7 THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE SUCCESSOR AGENCY

TO THE CITY OF HOLLISTER REDEVELOPMENT AGENCY (RDA), TO REVIEW AND CONSIDER APPROVING THE FISCAL YEAR (FY) 2026-27 RECOGNIZED

OBLIGATION PAYMENT SCHEDULE (ROPS)
RECOMMENDED ACTION:

Approve the FY 2026-27 ROPS.

9.PUBLIC HEARINGS

9.1 WATER RATE STUDY PUBLIC HEARING AND ADJUSTMENTS TO WATER RATES
RECOMMENDED ACTION:

Hold a public hearing and adopt a resolution increasing the City’s water rates.

10.COUNCIL BUSINESS

10.1 DISCUSSION ON WHETHER TO BRING BACK AN ORDINANCE AMENDING SECTION 02.04.050 (MEETINGS- TIME AND PLACE) OF CHAPTER 02.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

HOLLISTER MUNICIPAL CODE
RECOMMENDED ACTION:

Discuss whether to direct staff to bring back an ordinance amending the Hollister Municipal Code regarding the time and place of City Council meetings

10.2 CONSIDERATION OF PLANNING COMMISSION BYLAW AMENDMENTS RECOMMENDED ACTION:

Approve amendments to the Planning Commission bylaws.

11.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.

11.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

11.2 COUNCIL REPORTS
Receive informational reports from the City Council
City of Hollister City Council Meeting

1.CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

11.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of January 20, 2026 was posted on the bulletin board at City Hall on January 15, 2026 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:
https://hollister.ca.gov/government/agendas___minutes.php

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

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

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

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

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

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

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

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

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

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

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Parks & Recreation-2026-01

AGENDA ITEM: APPRECIATION AND RECOGNITION OF SPONSORS AND VOLUNTEERS – 2025 COMMUNITY EVENTS & PROGRAMS

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

RECOMMENDED ACTION: Formally thank and recognize the sponsors and volunteers whose monetary and in-kind contributions, along with their dedicated service, made several key Parks & Recreation events and programs successful this year.

DISCUSSION: Events & Programs Supported
Through strong community sponsors and volunteers, the following initiatives were successfully delivered in 2025:
 Trick or Treat Streets – Provided a safe, family-friendly environment for community members to celebrate together.
 Youth Soccer Programs – Supported youth development through teamwork, physical activity, and sportsmanship.
 Breakfast & Photos with Santa – Continued a cherished holiday tradition that brought joy to families across Hollister.

2025 Sponsor, and Volunteer List

Sponsors (Monetary and In-Kind):

1. Golden Memorial Insurance

2. Hollister Rotary Club

3. Hollister Lions Club Inc.

4. Corbin

5. A+ Tutoring

6. Grunnagle-Ament-Nelson Funeral Home & Crematory

7. Off the Chain, Inc.

8. K&S Market, Inc.

9. Running Rooster

10. Focus PT & Gym Management Services, Inc.

11. Hollister Vision Center

12. Extreme Air, Inc.

13. Brent Redmond Transportation Inc.

14. Mound Lodge No. 166, Independent Order

15. Target

16. Nob Hill Foods

17. Safeway

18. Lucky Supermarkets

19. Grocery Outlet

20. Hollister Super

Volunteers:

1. American Legion Post 69

2. Hollister High School Robotics Club

3. Hollister High School Key Club

4. Hollister Highschool AVID

COMMUNITY IMPACT: Sponsors played a vital role by providing financial support and in-kind donations that helped offset costs, enhance programming, and keep events accessible to the public. Volunteers were equally essential, assisting with event setup, operations, and participant engagement, while creating a welcoming and safe environment for all attendees.

Together, these contributions allowed the department to deliver high -quality programs that strengthened community connections and positively impacted residents of all ages.

Conclusion & Appreciation
The Parks & Recreation Department extends its sincere appreciation to all sponsors and volunteers for their generosity, time, and commitment to the community. Their continued support directly contributes to the success of our programs and the overall quality of life in Hollister.

Staff respectfully thanks City Council for its continued support of community partnerships and looks forward to working alongside our sponsors and volunteers in future events and programs.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. NONE

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

January 5, 2026, 5:00 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 5:00 p.m.

2. ROLL CALL

3. CLOSED SESSION
City Attorney Jennifer Thompson read the closed session item titles.

Mayor Stephens opened public comment at 5:02 p.m.

There were no speakers for the closed session agenda items.

Mayor Stephens closed public comment at 5:02 p.m.

Mayor Stephens convened the meeting into closed session at 5:02 p.m.

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

3.2 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Manager

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

2 Property: 190 Maple Ave., Hollister, CA 95023
Agency Negotiator: Jim Pia, Interim City Manager
Under Negotiation: Purchase Terms and Conditions

3.4 CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of Case: Cain, Robert et al vs. City of Hollister et al, San Benito County Superior Court Case CU-22-00087
The City Council reconvened into open session at 6:34 p.m.

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

5. CLOSED SESSION REPORT
City Attorney Jennifer Thompson stated no reportable action was taken in closed session.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Carol Lenoir expressed concern regarding City building permit procedures and timelines.

Chang So and Cassandra Kartashov with the Community Foundation of San Benito County spoke regarding its work and potential partnership opportunities.

Peter Hernandez spoke regarding the City's Planning Commission bylaws and proposed amendments.

7. CONSENT ITEMS
Councilmember Morales pulled Item 7.9 from the consent calendar.

Mayor Stephens opened public comment at 6:48 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 6:48 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha
The consent calendar items are approved as presented, except Item 7.9.

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

7.1 APPROVE DECEMBER 8, 2025 SPECIAL MEETING MINUTES

7.2 APPROVE DECEMBER 12, 2025 SPECIAL MEETING MINUTES

3 7.3 APPROVE DECEMBER 13, 2025 SPECIAL MEETING MINUTES

7.4 APPROVE DECEMBER 15, 2025 REGULAR MEETING MINUTES

7.5 WARRANT REGISTER JANUARY 05, 2026
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessments funds attached.

Carried

7.6 AN ORDINANCE REPEALING CHAPTER 16.64 GROWTH

MANAGEMENT PROGRAM IN ITS ENTIRETY
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt an ordinance repealing Chapter 16.64 Growth Management Program from the Municipal Code.

Carried

7.7 RATIFICATION OF APPOINTMENT TO FILL VACANCIES ON THE

BUSINESS ADVISORY COMMISSION AND PARKS, ARTS,

RECREATION, AND CULTURE COMMISSION
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Ratify the appointments of Peter Hernandez to fill a vacancy on the Business Advisory Commission and Francisco Rodriguez to fill a vacancy on the Parks, Arts, Recreation, and Culture Commission.

Carried

7.8 A RESOLUTION APPROVING THE REORGANIZATION OF THE

HUMAN RESOURCES DIVISION, RECLASSIFYING THE HUMAN

RESOURCES TECHNICIAN II TO HUMAN RESOURCES OFFICER,

AND RECLASSIFYING THE PUBLIC WORKS ENVIRONMENTAL

PROGRAMS MANAGER TO MANAGEMENT ANALYST
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution approving the reorganization of the Human Resources Division by transferring the Division from the Administrative Services Department to the City Manager’s Office and establishing a new

4 classification titled Human Resources Officer and authorizing a Management Analyst position to the Public Works Department to replace an existing classification.

Carried

7.10 A RESOLUTION RENEWING A REGULATORY PERMIT FOR
EUPHORIC LIFE INC. TO OPERATE A CANNABIS MANUFACTURING
FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis manufacturing facility located at 807 Industrial Drive for the 2026/2027 period.

Carried

7.11 A RESOLUTION RENEWING A REGULATORY PERMIT FOR
EUPHORIC LIFE INC. TO OPERATE A CANNABIS DISTRIBUTION
FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis distribution facility located at 807 Industrial Drive for the 2026/2027 period.

Carried

7.12 FORMALLY RECEIVE AND ACCEPT THE FINAL DRAFT OF THE FISCAL YEAR (FY) 2021-22 ANNUAL AUDIT
Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Formally receive and accept the final draft of the FY 2021 -22 annual audit, including the Annual Comprehensive Financial Report (ACFR) and Single Audit.

Carried

7.13 A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO

DISPOSE OF EXPIRED AND OBSOLETE BALLISTIC VESTS
Moved by: Council Member Resendiz
Seconded by: Council Member Picha

5 Adopt a resolution authoring the police department to dispose of the obsolete ballistic vests.

Carried

7.9 A RESOLUTION APPROVING A RESIDENTIAL TAX SHARING
AGREEMENT WITH THE COUNTY OF SAN BENITO FOR LAFCo
ANNEXATION REQUEST 2024-549
Councilmember Morales expressed concern regarding the terms included in Section 3.c.i of the proposed agreement based on the master tax sharing agreement, which are also contained in various areas of the agreement.

The City Council continued the item to a future Council meeting and requested additional review of and information regarding the agreement.

8. COUNCIL BUSINESS

8.1 A RESOLUTION APPROVING A CITY MANAGER EMPLOYMENT

AGREEMENT WITH ANA CORTEZ
City Attorney Jennifer Thompson provided the staff report and described the material terms of the contract and one addition to include the City's Livescan fingerprinting process.

Mayor Stephens opened public comment at 7:03 p.m.

Mia Casey expressed concern regarding the proposed Council action and requested the City Council pause the action.

Mayor Stephens closed public comment at 7:05 p.m.

Mayor Stephens introduced Ana Cortez, and Ms. Cortez expressed her excitement for the opportunity to join and serve the Hollister community.

The City Council welcomed Ms. Cortez to the City and community.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha
Adopt a resolution approving the City Manager Employment Agreement with Ana Cortez.

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

8.2 UPDATE ON GENERAL PLAN AND HOUSING ELEMENT
Planning Manager Eva Kelly provided the staff report.

6 Mayor Stephens opened public comment at 7:29 p.m.

Fallon Greig expressed concern regarding the delays to adoption of the City's Housing Element and General Plan Update.

Daniel Alvarez supported protections for agricultural workers.

Maureen Nelson stated the voters passed San Benito County Measure A, and the City Council should respect the vote of the people.

Annette Perez encouraged the City to complete the Housing Element and General Plan Update.

Joe Giacalone expressed delays to the Hollister Research Campus project and requested it be allowed to move forward separate from the Housing Element and General Plan Update processes.

Mary Hsia-Coron encouraged the City to complete the Housing Element and General Plan Update.

Mayor Stephens closed public comment at 7:43 p.m.

8.3 A RESOLUTION DIRECTING CITY STAFF TO BRING BACK OPTIONS,

INCLUDING POLICIES AND A POSSIBLE ORDINANCE THAT CAN

ADDRESS COMMERCIAL BUILDINGS THAT ARE VACANT
Interim City Manager Jim Pia provided the staff report.

Mayor Stephens opened public comment at 8:01 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 8:01 p.m.

Moved by: Council Member Morales
Seconded by: Council Member Picha
Direct staff to bring this item to the Business Advisory Commission for discussion once it meets. Additionally, Councilmember Morales will work with the City Manager to research and explore how other jurisdictions handle closed commercial buildings. Staff is directed to return with options to address the effects of closed commercial buildings, including policies and a possible ordinance that can address commercial buildings that have been closed.

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

8.4 DISCUSSION OF SPECIAL EVENT AND BANNER PERMIT FEES
City Clerk Jennifer Woodworth provided the staff report.

7 Mayor Stephens opened public comment at 8:41 p.m.

There were no speakers for this item.

Mayor Stephens closed public comment at 8:41 p.m.

By consensus, the City Council directed staff to provide additional information regarding proposed increases to costs of various events in the City including the proposed phased increase of cost recovery.

9. INFORMATIONAL REPORTS

9.1 COMMITTEE ASSIGNMENTS
No reports.

9.2 COUNCIL REPORTS
Councilmember Picha reported he and Councilmember Morales have been working to address weeds on the Union Pacific Railroad property.

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
Councilmember Morales - City Council Meeting Date Change By consensus, the City Council directed staff to return with an agenda item to discuss moving the City Council's regular meetings to the second and fourth Mondays of the month.

9.3 CITY MANAGER REPORT

1. UPDATED CITY COUNCIL PROJECTS

10. ADJOURNMENT
Mayor Stephens adjourned the meeting at 8:48 p.m. in honor of former City Manager Roger Grimsley.

Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # City Manager-2026-07

AGENDA ITEM: A RESOLUTION APPROVING A THREE-YEAR LEASE

EXTENSION WITH HOLLISTER ELKS BUILDING ASSOCIATION FOR LEASE OF 351 ASTRO DRIVE AT THE HOLLISTER MUNICIPAL AIRPORT

DEPARTMENT: City Manager
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Jeff Crechriou, Airport Director

RECOMMENDED ACTION: Adopt a resolution approving Lease Amendment No. 1 for a Three-Year Lease Extension with Hollister Elks Building Association for the lease of 351 Astro Drive at the Hollister Municipal Airport and authorizing the Interim City Manager to execute Lease Amendment No. 1.

DISCUSSION: The City of Hollister and the Hollister Elks Building Association entered into a fifty (50) year lease for use of the former officers’ club building and outdoor space located at 351 Astro Drive at the Hollister Municipal Airport. The term of the lease commenced on July 1, 1977, and terminates on June 30, 2027. The premises are leased to the Elks for use as a benevolent, fraternal social club and for their uses, many of which benefit the Hollister community.

In November 2024, Elk’s representatives met with the Airport Director and the City Manager to begin discussions about a new subsequent lease. These discussions have continued to date. Currently, however, it is clear to both the City and the Elks that more time is needed by both parties. This is due to the necessary strategic planning that must be done by both the City in terms of the airport uses, planning and footprint, but also the Elks in terms of their longer-term strategic planning. Consequently, both parties desire to amend the lease to extend the term, as this should allow enough time for both parties to complete necessary and significant strategic planning work.

Pursuant to the current lease (attached), Exhibit B section entitled Scope permits the City and tenant to amend, alter, or modify, by writing, the Lease. This First Amendment, therefore, is added to the Lease. The Term section of the original Lease is replaced with the following:

“Term: The term of this lease shall commence on July 1, 1977, and shall terminate on June 30, 2030.”

All other provisions of the Lease shall remain, including rent, and the use of the Consumer Price Index (CPI) adjustment per the Periodic Cost-of-Living Rent Increase condition.

FISCAL IMPACT: The Lease Extension will provide additional Building Rent revenue to the Airport Enterprise Fund 601 of approximately $19,000.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Lease

3. Lease Amendment No. 1

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A THREE-YEAR LEASE EXTENSION WITH HOLLISTER
ELKS BUILDING ASSOCIATION FOR LEASE OF 351 ASTRO DRIVE AT

THE HOLLISTER MUNICIPAL AIRPORT

WHEREAS, the City and Elks Building Association have previously entered into an Agreement dated November 7, 1977, for the lease of real property located at 351 Astro Drive, Hollister, California; and

WHEREAS, Exhibit B section entitled Scope permits the City and Tenant to amend, alter, or modify, by writing, the Lease; and

WHEREAS, Hollister and the Elks Building Association desire to amend said Lease to extend its term by three years.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:

The First Amendment (attached) is approved and added to the Lease.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on January 20, 2026, 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 Jennifer P. Thompson, City Attorney

Resolution No. 2026-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 January 20, 2026 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 January 20, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

FIRST AMENDMENT

TO HOLLISTER ELKS BUILDING LEASE AGREEMENT

WITH HOLLISTER ELKS BUILDING ASSOCIATION

This First Amendment to the Hollister Elks Building Lease Agreement is made and entered into this ___ day of ___________ 2026, by and between the City of Hollister, California, a municipal corporation (“City”), and Hollister Elks Building Association (“Tenant”).

RECITALS

Whereas, the City and Tenant have previously entered into an agreement dated November 7, 1977, for the lease of real property located at 351 Astro Drive, Hollister, California (“Leased Premises”), for use as a benevolent, fraternal and social club (“Lease”);

Whereas, Exhibit B Section entitled Scope permits the City and Tenant to amend, alter, or modify, by writing, the Lease; and

Whereas, pursuant Exhibit B Section entitled Scope of the Lease, the City and Tenant desire to amend said Lease to extend its term.

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

1. This First Amendment is added to the Lease.

2. Term – Term of the Lease is hereby deleted in its entirety and replaced with the following:

“Term
The term of this lease shall commence on July 1, 1977, and shall terminate on June 30, 2030.”

3. Miscellaneous.

a. Continuing Validity. Except as herein modified, all other terms, covenants, and conditions of the Lease shall remain in full force and effect and are hereby ratified and confirmed. In the event of a conflict between the terms of the Lease and this Amendment, the language of this Amendment shall control.

b. Authority. Each party represents and warrants that it has the full authority to enter into this Amendment, and that no third-party consents of any kind are required in connection with this Amendment.

c. Binding Effect. The terms of this Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective representatives, successors, and permitted assigns.

2 d. Counterparts; Electronic Signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties hereto are intended to authenticate this writing and to have the same force and effect as manual signature.

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

CITY OF HOLLISTER HOLLISTER ELKS BUILDING

ASSOCIATION

BY: _________________________________
Roxanne Stephens, Mayor
BY: _________________________________
Hollister Elks Building Association

ATTEST

BY: _________________________________
Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Finance-2026-09

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO

NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH A

FINANCIAL AUDITING FIRM FOR ANNUAL AUDITS AND ACFR PREPARATION

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Grizelle R. Gonzalez, Management Analyst

RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to negotiate and execute a professional services agreement, consistent with the City’s Purchasing Ordinance exception for financial auditing services, with a qualified financial auditing firm to complete the City’s Annual Comprehensive Financial Report (ACFR) and required Single Audits, and to negotiate and execute amendments to the agreement up to $20,000 subject to available budget appropriations.

DISCUSSION: The City of Hollister is required to complete annual independent financial audits, including preparation and audit of the Annual Comprehensive Financial Report (ACFR) and federally required Single Audits.

The City is required by state law, federal regulations, and generally accepted accounting principles to obtain an independent annual audit of its financial statements.

These audits culminate in the issuance of the City’s Annual Comprehensive Financial Report (ACFR). Additionally, when the City expends federal funds above established thresholds, a Single Audit is required in accordance with the Uniform Guidance.

Historically, the City has engaged external Certified Public Accounting (CPA) firms through professional services agreements to perform these audits. Due to staffing changes, audit complexity, and other factors, the City experienced delays in completi ng audits for recent fiscal years.

The City’s most recent external auditing firm has advised that it cannot proceed with future audit engagements due to internal capacity limitations. Specifically, the firm cited review cycle constraints under a single engagement partner and the lack of availability of additional partners to absorb the level of effort required to complete multiple audits and catch the City up to current fiscal years. These constraints are unrelated to the City’s financial condition or cooperation and are instead attributable to firm-wide workload and staffing limitations.

As a result, this circumstance necessitates engaging a new qualified auditing firm with sufficient capacity and experience and the City must prioritize engaging a qualified auditing firm capable of completing outstanding audits and supporting the City’s efforts to return to a timely annual audit cycle.

The City’s Purchasing Ordinance recognizes independent financial auditing services as

a professional service and provides an exception to the standard competitive procurement process for external auditors. This exception reflects the specialized nature of governmental auditing, the importance of auditor independence, and the limited number of firms qualified to perform municipal audits in accordance with applicable accounting and regulatory standards.

Due to audit delays in prior fiscal years and the need to restore the City to a current and sustainable audit cycle, staff recommends authorizing the City Manager to negotiate and execute a professional services agreement with a qualified auditing firm.

Providing this authority will allow staff to expeditiously engage audit services, establish realistic and robust audit timeline, address outstanding audits, and ensure compliance with federal, state, and regulatory requirements. The proposed authorization also allows for limited contract amendments of up to $20,000 to address scope adjustments or unforeseen audit needs without requiring additional council action.

FISCAL IMPACT: The cost of the professional services agreement will depend on the final negotiated scope and term. Any contract amendments executed by the City Manager under this authority shall not exceed $20,000 and must remain within available appropriations.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: N/A

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER,

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

A PROFESSIONAL SERVICES AGREEMENT WITH A FINANCIAL

AUDITING FIRM FOR ANNUAL AUDITS AND RELATED SERVICES

WHEREAS, the City of Hollister is required to obtain annual independent audits of its financial statements, including preparation and audit of the Annual Comprehensive Financial Report (ACFR) and Single Audits; and

WHEREAS, timely completion of these audits is essential for regulatory compliance, transparency, and continued eligibility for grant funding; and

WHEREAS, delays in completing required financial audits increase administrative burden, risk noncompliance with reporting requirements, and hinder the City’s ab ility to remain current with annual financial reporting obligations; and

WHEREAS, the City’s most recent external auditing firm has informed the City that it is unable to continue providing audit services due to internal capacity and review cycle constraints, including limitations associated with engagement partner availability and the volume of work required to address outstanding audits; and

WHEREAS, engaging a qualified financial auditing firm is necessary to complete required audit services and restore the City to a current audit cycle; and

WHEREAS, the City’s Purchasing Ordinance provides an exception to competitive procurement requirements for independent financial auditing services due to their specialized procedural nature.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to negotiate and execute a professional services agreement with a qualified financial auditing firm for annual audit services, and to negotiate and execute amendmen ts to the agreement in an amount not to exceed $20,000, subject to available budget appropriations.

Resolution No. 2026-XX
PASSED AND ADOPTED, by the City Council of the City of Hollister, at a regular meeting held on January 20, 2026, 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 Jennifer Thompson, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 January 20, 2026, 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 January 20, 2026.

_________________________________
Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Community Development-2026-04

AGENDA ITEM: AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS

FOR THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE 851 SUNNYSLOPE ROAD PROJECT (S&A 2025-5 AND TM 2025-4)

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

RECOMMENDED ACTION: Approve authorization to release a request for proposals for environmental consulting services.

DISCUSSION: In 2023, the City of Hollister received a pre-application for a 174-unit multi- family residential development at 851 Sunnyslope Road. However, previously unbeknownst to the City, the Applicant chose to abandon the original application and, on November 19, 2024, instead submitted a new application for a Builder’s Remedy/SB 330 (SB 330 2024-2) project.

On May 7, 2025, the Applicant further acted on the November 2024 application and filed for a Site and Architectural Review and Tentative Map under the State ‘Builder’s Remedy’ for a new single-family residential development with 49 single-family detached dwelling units and 13 affordable, attached Accessory Dwelling Units on an 8.28-acre parcel located in the Neighborhood Mixed Use Zoning District.

In seeking to promote affordable housing through increased construction of residential housing, California’s ‘Builder’s Remedy’ provides developers with an option to pursue and build residential projects which do not meet or conform to local regulations in jurisdictions that do not have a certified 2023-2031 6th Cycle Housing Element at the time an application is submitted. At present, the City of Hollister does not currently have a certified 6th Cycle Housing Element, but continues to engage with the State and anticipates achieving full, compliant certification in July 2026.

Currently, the City’s Zoning Ordinance requires projects located within the Neighborhood Mixed Use Zoning District to have a density of 25-40 units per acre and requires multi- family residential dwellings. For this site, which is 8.28 acres, the site is required to provide between 207-332 multi-family units. Conversely, the proposed Builder’s Remedy project seeks to construct a development with a much lower density of 5.9 units per acre, resulting in 49 single-family units. It should be noted that ADUs are not included in the computation of density.

Following a City-initiated technical assistance review of the project with the State Department of Housing and Community Development, the City provided comments to the Applicant. In response, the Applicant has requested that the City move forward with this

project and the review of the project under the California Environmental Quality Act (CEQA).

Under CEQA, an Initial Study/Mitigated Negative Declaration and associated technical studies are required to evaluate the project for environmental impacts. The Applicant has further indicated to Staff that they may want the project to be studied with an Environmental Impact Report (EIR). An Initial Study/Mitigated Negative Declaration/Environmental Impact Report, studies, preparation of responses to comments, and attendance at public hearings will be conducted by an environmental consultant selected by the City as the scope of these actions are outside the current expertise and capacity of staff.

The City does not currently have an on-call contract for environmental services for the preparation of CEQA documents. For this reason, the project located at 851 Sunnyslope Road requires the release of a Request for Proposals (RFP) to solicit proposals from qualified firms for the preparation of the required environmental analysis. Staff has worded this RFP to request two cost proposals: one for a n IS/MND and one for an EIR (as requested by the Applicant). After release of the RFP, proposals received will be reviewed by staff and a proposal will be selected by the City, with input from the Applicant.

Once a consultant has been selected and the Applicant has chosen a review type (EIR or MND), staff will bring a professional services agreement forward to the City Council for final authorization prior to the start of work.

FISCAL IMPACT: All costs associated with the preparation of CEQA documentation would be paid for by the Applicant and would include the City’s adopted Project management overhead cost for staff time.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: As discussed above, the proposed residential development is subject to review under CEQA (Section 15060). The authorization to issue an RFP to solicit proposals for the environmental work is not considered a project and, therefore, is not subject to CEQA.

ATTACHMENTS:

1. RFP for 851 Sunnyslope

2. Exhibit A – Professional Service Agreement

3. Exhibit B – Proper Identification

4. Exhibit C – Ex Parte Communications

City of Hollister
Community Development Department

339 Fifth Street, Hollister, CA. 95023  Telephone (831) 636-4360  Fax (831) 634-4913

REQUEST FOR PROPOSALS
FOR

ENVIRONMENTAL CONSULTING SERVICES

Initial Study/Mitigated Negative Declaration and Environmental Impact Report and technical studies Cost Proposal
for 851 Sunnyslope Road TM 2025-4 and S&A 2025-5

Community Development Department

CITY OF HOLLISTER

Proposals Due By:

DATE
Community Development Department
339 Fifth Street, Hollister, CA 95023
(831) 636-4360
[email protected]

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND ENVIRONMENTAL IMPACT REPORT

REQUEST FOR PROPOSALS (RFP)

The City of Hollister (herein referred to as the “City”) issues this Request for Proposals (“RFP”) requesting proposals from a qualified public entity or private firm, to establish a contract for environmental services and technical studies. The proposal must include the costs associated with an Initial Study/Mitigated Negative Declaration as well as an Environmental Impact Report and all related technical studies. While the City has determined that an IS/MND is the appropriate review method, the Applicant has requested two cost proposals so that they can review and determine which document better suits their needs. The City shall contract with the selected firm(s) to provide the services pursuant to agreed-upon fixed rates and itemized cost schedules.

The term is expected to last for one year.

Firms with experience in managing City of Hollister projects, particularly residential development projects, are encouraged to submit a proposal. Please note that any contract resulting from this RFP shall include all required contract provisions.

The environmental services requested are for the 851 Sunnyslope Project (APN 057-070-064), a residential development which intends to subdivide an 8.28-acre parcel into 49 single family residential lots with 13 affordable Accessory Dwelling Units. The project includes a mixture of single-story homes and two-story homes with 3 – 6 bedrooms. The proposed subdivision also includes a community park with landscaping and play equipment.

1. BACKGROUND

The City of Hollister is comprised of a number of departments including the Community Development Department encompassed by Planning, Building, Housing, and Cannabis Affairs.

Planning is the process by which public agencies, such as the City of Hollister, determine the intensity and pattern of various land uses in a community. Because the way that land is used and distributed in the community affects the general public, the environment and the economy, planning also involves environmental and socio-economic impact assessment, and the creation and enactment development of laws and regulations to shape and implement the community's goals. It also involves analyzing and evaluating the design for the physical layout of the community, and a public approval process to facilitate balanced decision-making.

The City engages in Planning to ensure that land is preserved and used in ways that are socially and economically desirable, in order to protect the quality of life of its citizens. The primary goal is to shape the physical environment in a way that benefits the needs of all citizens, while balancing competing public and private interests. So, Planning is necessary to help the community use its resources in a rational, efficient, fair and environmentally sound way. Current Planning activities include interpreting and enforcing planning, zoning and subdivision regulations, reviewing and processing use development proposals, creating and maintaining a land use inventory, technical and demographic research and analysis, interdepartmental and intergovernmental coordination and permit processing.

2. SCHEDULE OF EVENTS

This request for proposal will be governed by the following schedule:

Release of RFP ______________________
Deadline for Written Questions (4:00 PM) ______________________ Responses to Questions Posted on Web ______________________ Proposals are Due (4:00 PM) ______________________
Approval of Contract ______________________

*All dates are subject to change at the discretion of the City.

3. SCOPE OF WORK

The City of Hollister invites you to submit a proposal for environmental consulting services. ROEM has submitted a Tentative Map and a Site & Architectural Review application to the City of Hollister for the following proposal:

An 8.28-acre single-family residential project consisting of 49 detached dwelling units and 13 affordable Accessory Dwelling Units, one .63 acre park, and new internal roadways. The proposed project is located within the Neighborhood Mixed Use (NMU) Zoning District, south of Sunnyslope Road and adjacent to the Heritage Plaza Shopping Center. The project site is located at 851 Sunnyslope Road further identified as Assessor’s Parcel Number (APN) 057-070-064. The site is currently vacant and unimproved.

The work activity includes preparation of an Initial Study/Mitigated Negative Declaration or Environmental Impact Report (a cost breakdown for each must be provided) and associated technical studies. The environmental consultant shall also prepare responses to comments on the environmental document and studies as well as attend public hearings.

It should be noted that a Transportation Impact Analysis is also required to determine potential impacts. The transportation analysis shall include a Vehicle Miles Traveled (VMT) analysis as required by CEQA as well as a Level of Service (LOS) analysis to determine the need for any related traffic improvements as a result of the proposed project and to determine consistency with City of Hollister General Plan requirements. If it is determined that the potential for significant impacts exist or significant impacts related to air quality, or other environmental impacts are concluded as a result of the Initial Study, an amendment to the contract and Preparation of an Environmental Impact Report will be required.

Technical Studies

Provided by the applicant:
 Stormwater Control Plan
 Geotechnical Report
 Utilities Report
 Preliminary Title Report

Provided by the City:

Background information on other aspects of the environmental review such as cultural and biological resources, land use, and public services impacts prepared for other projects and

applicable to this project will be provided by the City.

Provided by the Consultant:

The consultant will be responsible for reviewing and incorporating the appropriate technical data submitted by the applicant and the preparation of additional technical studies as required by the California Environmental Quality Act (CEQA) to complete the environmental document. The consultant would be primarily responsible for preparation of all technical studies with the exception of the noted studies to be submitted by the applicant.

4. TENTATIVE PROJECT SCHEDULE (SUBJECT TO CHANGE)

Proposals Due Enter Date
Consultant Selection Enter Date
Execution of PSA (City Council Approval May Be Req.) Enter Date Kick-Off Meeting Enter Date
Screen check Draft Due to City for Review Enter Date
Draft IS/MND Circulation Enter Date
Response to Comments Enter Date
Public Hearing(s) Enter Date

5. PROPOSAL FORMAT GUIDELINES
Interested contractors or entities are to provide the City of Hollister with a thorough proposal using the following guidelines:

Proposal should be typed using a 12-point font size (Arial is preferred), including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.

Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following proposal sections are to be included in the proposer’s response:

A. Proposer Identification Form and Cover Letter
Complete Appendix A, “Proposer Identification Form” and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor’s office located nearest to Hollister, California and the office from which the project will be managed.

B. Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the Project, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP.

C. Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include:

a) An implementation plan that describes in detail
(i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP;
(ii) (ii) methodology for soliciting and documenting views of internal and external stakeholders;
(iii) (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. b) Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. c) Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments. d) Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
e) Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired. f) Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

D. Staffing
Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform and anticipated hours of service of each individual. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work.

E. Qualifications
The information requested in this section should describe the qualifications of the firm or entity, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:

Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work.

A summary of your firm’s or entity’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.

For private Proposers, provide at least three references that received similar services from your firm. The City of Hollister reserves the right to contact any of the organizations or individuals listed. Information provided shall include:

o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.

Any public entity which submits a proposal should describe in detail how it currently performs services like those identified in the scope of work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.

F. Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such as internal unaudited financial statements and financial references to allow the City to reasonably formulate a determination about the financial capacity of the Proposer. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer.

G. Fee Proposal
All Proposers are required to submit a Fee Proposal with their proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimum of 180 days following submission.

H. Disclosure
Please disclose any and all past or current business and personal relationships with any current City of Hollister elected official, appointed official, City employee, or family member of any current City of Hollister elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

I. Ex Parte Communications
Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix C) with their proposals certifying that they have not had or directed prohibited communications as described in this section.

J. Sample Agreement
The firm selected by the City will be required to execute an Professional Services Agreement (Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the proposal.

Otherwise, the Proposer will be deemed to have accepted the form of Agreement.

K. Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as appendices to this RFP, which should be included with proposals.

1) Proposer Identification Form
2) Fee Proposal

3) Ex Parte Communications Form

Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.

L. Number of Proposals
The City requires an electronic submittal of proposals to facilitate group review and document distribution. No paper proposals will be accepted. The following guidelines are recommended.

1. An electronic proposal is to be e-mailed to the City designated contact (see page #), by the RFP due date, and time deadline.

2. Add the words (851 Sunnyslope Road) to the subject line of the e-mail.

3. Follow up with a phone call or second email to confirm the proposal was received if you do not receive a confirmation within three (3) days.

4. All risks associated with emailing the Proposal are borne by Proposer.

5. The City email system will allow documents of up to ten (10) megabytes. Larger files should be linked to a compiled share drive or similar.

6. Do not zip the Proposal. The City email system will strip out any attachments that are in .zip format.

M. Submission of Proposals
Complete written proposals must be emailed and received no later than 4:00 p.m. (P.S.T) on XXXXXX. Proposals will not be accepted after this deadline.

N. Inquiries
Questions about this RFP must be directed in writing, via e-mail to:

Erica Fraser, Senior Planner
[email protected]

The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments, responses to questions received, and additional information will be posted to the City of Hollister - Bid Opportunities and RFPs | BidNet Direct Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than ENTER DATE. The City reserves the right not to answer all questions.

O. Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal.

All proposals will become the property of the City of Hollister, USA. If any proprietary information is contained in the proposal, it should be clearly identified.

6. EVALUATION CRITERIA

The City’s evaluation and selection process will be based on the following:

a. Qualifications identified in the proposal.
b. Understanding and scope of work.
c. Project team: Technical expertise and experience.

d. Firm’s related experience and references.
e. Cost of providing services.
f. Complete, clear and concise responses to items requested in the RFP. g. Responsiveness to questions.

7. EVALUATION OF PROPOSALS AND SELECTION PROCESS

A. Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals.

B. Initial Proposal Review
Staff will conduct initial review and score all responsive written proposals based upon the Evaluation Criteria set forth above. Staff may also contact Proposer's references.

Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the best qualified and lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.

C. Interviews, Reference Checks, Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview.

Interviews, if held, will be conducted at City of Hollister City Hall, 375 Fifth Street, Hollister, CA 95023. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the qualified and lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission.

Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate

negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.

Exhibit A

SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES

CITY OF HOLLISTER

ENVIRONMENTAL SERVICES AGREEMENT

This services agreement (“Agreement”) is made and entered into effective ____________, 20___ (the “Effective Date”), by and between the City of Hollister (“City”) and _______________________ (“Contractor” and together with City, the “Parties”).

1. Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): For the _________ project (“Project”), ____________________________________ (as further described in Exhibit A to this Agreement). Contractor shall provide services related to the Project other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). “Services” shall mean Basic and Additional Services.

Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services and the Project. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by _______________ professionals specially qualified to provide the services required by the City.

2. Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.

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 City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper. The term for performance of the Services shall begin on ___________, 20__, and shall end on _________, 20__ (“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 City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if (1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City’s insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor’s insolvency. Such termination shall be effective immediately upon Contractor’s receipt of the notice.

5. Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed, and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed ___________________ Dollars ($_________), which consists of a lump sum of ___________________ Dollars ($_________) for performance of the Basic Services, and a not-to-exceed amount of ___________________ Dollars ($_________) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests.

City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.

5.1 Reimbursement for Certain Expenses. Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.

6. Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to or death of persons or

damage to property or delay or damage to the City or the City Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against City alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).

7. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services.

Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.

8. Insurance. Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $_______________ each occurrence and $_______________ in the aggregate; (ii) commercial automobile liability insurance with limits not less than $_____________ each occurrence and $_____________ in the aggregate; (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq.; and (iv) professional liability insurance covering errors and omissions. Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties.

A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.

9. Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business. Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement.

Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.

10. Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance.

Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.

11. Confidential Information. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City, or required by law.

12. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work.

No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

13. Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

14. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the District. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District.

15. Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval of it by the City Council, City shall give Contractor written notice to proceed with the Services. Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.

16. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

17. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.

18. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.

19. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the address located next to the party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.

20. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

21. Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

22. Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

23. Liability of City. Notwithstanding anything stated herein to the contrary, City shall not be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.

24. Time. Time is of the essence for performance of the Services under this Agreement.

25. Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.

26. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to

any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

27. Ownership of Documents. All plans, studies, drawings, calculations, reports, specifications, estimates, and other documents or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared by the Contractor under this Agreement (“Documents”) shall be and shall remain the property of the City for all purposes, not only as they relate or may relate to the Services but as they relate or may relate to any other project. Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years. Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.

28. Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents (“Intellectual Property”) not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and subconsultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or consultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re-use of the Intellectual Property by the City in relation to other projects. Contractor represents and warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.

29. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

30 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

31. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

32. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

33. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.

34. Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other party, demand mediation of any dispute. The parties shall endeavor to include any third-party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees.

Each party shall bear its own attorney’s fees related to the mediation.

35. Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code §2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request.

36. Sanctions in Response to Russian Aggression. The City requires Contractor to comply with the Governor’s March 4, 2022, Executive Order N-6-22 (“Order”) relating to any existing sanctions imposed by the United States government and the State of California in response to Russia’s actions in Ukraine, including additional requirements for contracts of $5 million or more. Failure to comply may result in the termination of the Contract.

* * * * * * * * * * * * * * * * * * * *

CITY OF HOLLISTER CONTRACTOR:

_____________________________

By:

Name:

Title:

By:

Name:

Title:

Address for City Notices: Address for Contractor Notices:

EXHIBIT A

Scope of Services

EXHIBIT B

Hourly Rates

EXHIBIT C

PROJECT STAFF

NAME TITLE HOURLY RATE

CITY OF HOLLISTER | REQUEST FOR PROPOSALS | 851 SUNNYSLOPE ROAD PAGE 1
Exhibit B

REQUEST FOR PROFESSIONAL QUALIFICATIONS AND PROPOSAL

851 Sunnyslope Rd

PROPOSER IDENTIFICATION

1. Legal name of the Company:

2. Street Address:

3. Mailing Address:

4. Business Telephone:

5. Facsimile Telephone:

6. Email Address:

7. Type of Business: Sole Proprietor Partnership Corporation (State) Other:

8. Business License Number issued by the City where the Proposer’s principal place of business is located.

Number: Issuing City/State:

9. Federal Tax ID NO. DIR No.

10. Proposer’s Project Manager:

11. Contact Person if different from Project Manager:

Signature of Preparer of Proposal

Date:

Anticipated Start Date:

CITY OF HOLLISTER | REQUEST FOR PROPOSALS | 851 SUNNYSLOPE ROAD PAGE 1
Exhibit C

EX PARTE COMMUNICATIONS

Proposers and Proposers’ representa�ves should not communicate with the City Council members about this RFP. In addi�on, Proposers and Proposers’ representa�ves should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evalua�on panel, with the excep�on of the RFP Facilitator, regarding this RFP un�l a�er Contract Award. Proposers and their representa�ves are not prohibited, however, from making oral statements or presenta�ons in public to one or more representa�ves of the City during a public mee�ng. A "Proposer" or "Proposer's representa�ve" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or en�ty who has been requested by the Proposer to contact the City on the Proposer's behalf. Please indicate by signing below one of the following two statements.

Only sign one statement.

I cer�fy that Proposer and Proposer’s representa�ves have not had any communica�on with a City Council member concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP at any �me a�er XXXXXXXXXXX.

________________________________

OR

I cer�fy that Proposer or Proposer’s representa�ves have communicated a�er XXXXXXXXXXXXX with a City Council member concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP. A copy of all such communica�ons is atached to this form for public distribu�on.

_____________________________________

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # City Manager-2026-06

AGENDA ITEM: A RESOLUTION APPROVING RECLASSIFICATIONS OF THE

AIRPORT MAINTENANCE AND OPERATIONS SPECIALIST AND THE

MAINTENANCE WORKER II AND ADDING A PERMIT TECHNICIAN I/II/SENIOR

CLASSIFICATION SERIES TO THE COMMUNITY DEVELOPMENT DEPARTMENT

DEPARTMENT: City Manager
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Stephanie Brown, Human Resources Officer

RECOMMENDED ACTION: Adopt a resolution approving and establishing two new classifications titled Airport Operations Supervisor and Parks Operations Supervisor to replace two existing classifications as well as establishing new classifications titled Permit Technician I, Permit Technician II and Senior Permit Technician in the Community Development Department.

DISCUSSION: City staff regularly monitor the organization’s operational needs, including evaluating how changes in demands for service and/or changes in job classifications may impact staff’s job duties and associated job descriptions. To that end, staff have identified gaps within the City’s Airport, Parks & Recreation, and Community Development Departments, including the need to reclassify the Airport Maintenance and Operations Specialist to Airport Operations Supervisor, the Maintenance Worker II to Parks Operations Supervisor and to add the Permit Technician I/II/Sr. classification series. As part of this process, City staff met and conferred with SEIU Local 521 Representatives on January 8, 2026, regarding the impacts of the reclassifications.

Hollister Municipal Airport is a highly regulated environment and requires advanced operational, technical, and managerial expertise to ensure safe, compliant, and effective airport operations. The Airport Maintenance and Operations Specialist classification does not encompass the full extent of additional duties that are currently performed which include but are not limited to: ensuring daily compliance with Federal Aviation Administration (FAA) regulations, Caltrans Division of Aeronautics oversight, emergency preparedness and incident response, interagency and stakeholder coordination, supervisory and risk management responsibilities, contract, grant and RFP oversight, involvement in recruitments at the Department level, and participation with the Airport Advisory Committee. Therefore, staff recommends the addition of the Airport Operations Supervisor classification and the reclassification of the Airport Maintenance and Operations Specialist into this new classification. Based on the assigned duties and responsibilities, the Airport Operations Supervisor will be designated as part of the SEIU Unit with a salary range of E-59 as set in the City’s Salary Schedule.

It shall be noted, City Council approved at the August 2, 2021 Council Meeting the reorganization of the Community Services Department, now known as the Public Works Department, to remove the Parks Division and combine it with Recreation to create a

Parks and Recreation Department. With this transition, the scope and complexity of the Maintenance Worker II responsibilities have evolved to include contract oversight, supervision, and scheduling of FTE and temporary staff, leading park renovations and projects, involvement in recruitments at the Department level, conducting RFPs, Parks related CIP review, and assisting in budget preparation and administration. The proposed creation and reclassification of the Maintenance Worker II to Parks Operations Supervisor will align the position’s classification with the duties currently being performed and to meet the operational needs of the Parks Division. Based on the assigned duties and responsibilities, the Parks Operations Supervisor will be designated as part of the SEIU Unit with a salary range of E-59 as set in the City’s Salary Schedule.

In addition, the City Council created a Permit Center Manager position as the chosen alternative to utilizing contractors to oversee City permitting operations in the Community Development Department. The City’s Permit Center will serve as the primary point of contact for residents, businesses, contractors, and developers seeking permits and general information regarding the permitting process. As development activity and regulatory complexity increase, the need for dedicated, trained permit professionals has become essential. The addition of the Permit Technician I/II/Senior Classification series is a critical step toward creating a fully operational Permit Center that meets community, developer, and internal department needs. Based on the assigned duties and responsibilities, the Permit Technician I/II/Senior Classification series will be designated as part of the SEIU Unit with a salary range of E-19/E-29/E-39 as set in the City’s Salary Schedule.

FISCAL IMPACT: The creation and reclassification of the Airport Operations Supervisor and the Parks Operations Supervisor positions will be cost neutral to the Departments for the FY 2025-2026 budget year.

If approved, the costs for the Permit Technician I/II/Sr. Classification Series will be cost neutral as funding will come from existing contract savings.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. City of Hollister Salary Schedule for Fiscal Year 2025-2026

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE RECLASSIFICATION OF THE AIRPORT

MAINTENANCE AND OPERATIONS SPECIALIST TO AIRPORT

OPERATIONS SUPERVISOR AND THE MAINTENANCE WORKER II TO

PARKS OPERATIONS SUPERVISOR AND ADDING A PERMIT

TECHNICIAN I/II/SENIOR CLASSIFICATION SERIES TO THE

COMMUNITY DEVELOPMENT DEPARTMENT

WHEREAS, the Airport Maintenance and Operations Specialist at the Hollister Municipal Airport and the Maintenance Worker II in Parks & Recreation have been reviewed and need reclassification to be included on the attached City of Hollister salary schedule ; and

WHEREAS, as part of this reclassification process, City staff met and conferred with SEIU Local 521 representatives on January 8, 2026, regarding the impacts of the reclassifications; and

WHEREAS, the Permit Center Manager position was created on November 3, 2025 , to oversee the Permit Center operations in the Community Development Department; and

WHEREAS, it is proposed that the Council approve the creation of the Permit Technician I/II/Senior classification series and include the series on the attached City of Hollister salary schedule.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister, as follows:

The City Council hereby approves establishing two new classifications titled Airport Operations Supervisor and Parks Operations Supervisor to replace two existing classifications, as well as establishing new classifications titled Permit Technician I, Permit Technician II and Senior Permit Technician in the Community Development Department.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on January 20, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

Resolution No. 2026-XX

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Jennifer P. Thompson, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 January 20, 2026, 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 January 20, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

As of 1/20/26

BARGAINING BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY UNIT RANGE POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
SEIU
E11 ACCOUNTING ASSISTANT 2,071.27 2,174.83 2,283.58 2,397.75 2,517.64 ASSISTANT EQUIPMENT MECHANIC 2,071.27 2,174.83 2,283.58 2,397.75 2,517.64 SUPPORT SERVICES ASSISTANT I 2,071.27 2,174.83 2,283.58 2,397.75 2,517.64 E19 ACCOUNTING TECHNICIAN I 2,235.33 2,347.10 2,464.45 2,587.67 2,717.06 PERMIT TECHNICIAN I 2,235.33 2,347.10 2,464.45 2,587.67 2,717.06 E20 JR. WATER MAINTENANCE OPERATOR 2,255.84 2,368.63 2,487.06 2,611.42 2,741.99 E21 MAINTENANCE WORKER I 2,278.39 2,392.31 2,511.92 2,637.52 2,769.40 FACILITIES ASSISTANT - VETERAN'S BUILDING 2,278.39 2,392.31 2,511.92 2,637.52 2,769.40 E25 SUPPORT SERVICES ASSISTANT II 2,368.62 2,487.05 2,611.40 2,741.97 2,879.07 E28 RECREATION COORDINATOR 2,436.30 2,558.11 2,686.02 2,820.32 2,961.33 E29 ACCOUNTING TECHNICIAN II 2,458.85 2,581.80 2,710.89 2,846.43 2,988.75 PERMIT TECHNICIAN II 2,458.85 2,581.80 2,710.89 2,846.43 2,988.75 E31 SENIOR SUPPORT SERVICES ASSISTANT 2,506.22 2,631.53 2,763.11 2,901.26 3,046.33 E32 MAINTENANCE WORKER II 2,531.04 2,657.59 2,790.47 2,929.99 3,076.49 E35 TREE TRIMMER 2,605.48 2,735.75 2,872.54 3,016.17 3,166.97 DEVELOPMENT SERVICES TECHNICIAN 2,605.48 2,735.75 2,872.54 3,016.17 3,166.97 E36 WASTE WATER TREATMENT PLANT OPERATOR 2,630.29 2,761.81 2,899.90 3,044.89 3,197.14 E37 AIRPORT MAINTENANCE & OPERATIONS SPECIALIST 2,655.11 2,787.86 2,927.25 3,073.62 3,227.30 EQUIPMENT MECHANIC 2,655.11 2,787.86 2,927.25 3,073.62 3,227.30 FACILITY COORDINATOR - VETERAN'S BUILDING 2,655.11 2,787.86 2,927.25 3,073.62 3,227.30 STREET SWEEPER OPERATOR 2,655.11 2,787.86 2,927.25 3,073.62 3,227.30 E39 SENIOR ACCOUNTING TECHNICIAN 2,704.73 2,839.97 2,981.97 3,131.07 3,287.62 SENIOR PERMIT TECHNICIAN 2,704.73 2,839.97 2,981.97 3,131.07 3,287.62 WATER MAINTENANCE OPERATOR I 2,704.73 2,839.97 2,981.97 3,131.07 3,287.62 E40 WASTE WATER TREATMENT PLANT OPERATOR II 2,729.55 2,866.02 3,009.32 3,159.79 3,317.78 E41 ADMINISTRATIVE ASSISTANT 2,756.84 2,894.68 3,039.42 3,191.39 3,350.96 E42 SENIOR MAINTENANCE WORKER 2,784.41 2,923.63 3,069.81 3,223.30 3,384.47 E44 ENGINEERING TECHNICIAN 2,838.73 2,980.66 3,129.70 3,286.18 3,450.49 E46 CODE ENFORCEMENT OFFICER 2,893.31 3,037.98 3,189.88 3,349.37 3,516.84 E48 WATER MAINTENANCE OPERATOR II 2,951.47 3,099.04 3,254.00 3,416.69 3,587.53 E55 ASSISTANT PLANNER 3,152.63 3,310.26 3,475.77 3,649.56 3,832.04 HOUSING PROGRAMS COORDINATOR 3,152.63 3,310.26 3,475.77 3,649.56 3,832.04 SENIOR WATER MAINTENANCE OPERATOR 3,152.63 3,310.26 3,475.77 3,649.56 3,832.04 E59 AIRPORT OPERATIONS SUPERVISOR 3,272.73 3,436.37 3,608.18 3,788.59 3,978.02 PARKS OPERATIONS SUPERVISOR 3,272.73 3,436.37 3,608.18 3,788.59 3,978.02 PUBLIC WORKS INSPECTOR 3,272.73 3,436.37 3,608.18 3,788.59 3,978.02 UTILITY TECHNICIAN 3,272.73 3,436.37 3,608.18 3,788.59 3,978.02 E60 JUNIOR ENGINEER 3,302.75 3,467.89 3,641.29 3,823.35 4,014.52 E61 BUILDING INSPECTOR 3,335.78 3,502.57 3,677.70 3,861.58 4,054.66 E69 ASSOCIATE PLANNER 3,600.00 3,780.00 3,969.00 4,167.45 4,375.82 SENIOR BUILDING INSPECTOR 3,600.00 3,780.00 3,969.00 4,167.45 4,375.82 E74 ASSISTANT ENGINEER 3,778.35 3,967.26 4,165.63 4,373.91 4,592.60 E79 ASSISTANT CIVIL ENGINEER 3,960.00 4,158.00 4,365.90 4,584.19 4,813.40 UTILITY ENGINEER 3,960.00 4,158.00 4,365.90 4,584.19 4,813.40 E84 UTILITY ENGINEER - CIVIL 4,156.19 4,363.99 4,582.19 4,811.30 5,051.87

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EXECUTIVE

MANAGEMENT
X19 AIRPORT MANAGER 3,792.25 3,981.87 4,180.96 4,390.01 4,609.51 X39 PROGRAM MANAGER 4,550.70 4,778.24 5,017.15 5,268.01 5,531.41 X44 HUMAN RESOURCES MANAGER 4,778.24 5,017.15 5,268.01 5,531.41 5,807.98 HUMAN RESOURCES OFFICER 4,778.24 5,017.15 5,268.01 5,531.41 5,807.98 X47 BUILDING OFFICIAL 4,921.59 5,167.67 5,426.05 5,697.35 5,982.22 X48 CITY CLERK 5,100.97 5,356.02 5,623.82 5,905.01 6,200.26 X53 AIRPORT DIRECTOR 5,398.14 5,668.05 5,951.45 6,249.02 6,561.48 UTILITY MANAGER 5,398.14 5,668.05 5,951.45 6,249.03 6,561.48 X62 INFORMATION SYSTEMS MANAGER 5,643.55 5,925.73 6,222.02 6,533.12 6,859.78 XF62 DIVISION FIRE CHIEF/FIRE MARSHALL 5,643.55 5,925.73 6,222.02 6,533.12 6,859.78 X67 ASSISTANT IT DIRECTOR 5,957.20 6,255.06 6,567.81 6,896.20 7,241.01 XP75 POLICE CAPTAIN 5,918.85 6,214.79 6,525.53 6,851.81 7,194.40 X85 CITY ENGINEER 6,525.30 6,851.57 7,194.14 7,553.85 7,931.54 X89 COMMUNITY DEVELOPMENT DIRECTOR 6,736.70 7,073.54 7,427.21 7,798.57 8,188.50 PARKS & RECREATION DIRECTOR 6,736.70 7,073.54 7,427.21 7,798.57 8,188.50 X91 ADMIN SERVICES DIRECTOR 6,851.56 7,194.14 7,553.84 7,931.54 8,328.11 FINANCE DIRECTOR 6,851.56 7,194.14 7,553.84 7,931.54 8,328.11 X93 FIRE CHIEF 7,014.60 7,365.33 7,733.60 8,120.28 8,526.29 X98 ASSISTANT CITY MANAGER 7,336.24 7,703.05 8,088.20 8,492.61 8,917.25 X100 IT DIRECTOR 7,446.49 7,818.81 8,209.76 8,620.24 9,051.26 X101 PUBLIC WORKS DIRECTOR 7,445.93 7,818.23 8,209.14 8,619.59 9,050.57 X107 POLICE CHIEF 7,958.78 8,356.72 8,774.55 9,213.28 9,673.95

NEGOTIABLE CONTRACT SALARIES
CITY MANAGER Min: 9,615.38 Max: 10,788.46

CITY OF HOLLISTER

SALARY SCHEDULES BY BARGAINING UNIT
FISCAL YEAR '25-26

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CONFIDENTIAL
C07 SUPPORT SERVICES ASSISTANT II (CONFIDENTIAL)2,414.17 2,534.88 2,661.62 2,794.71 2,934.44 C13 SENIOR SUPPORT SERVICES ASSISTANT 2,554.42 2,682.14 2,816.25 2,957.06 3,104.91 C24 EXECUTIVE ASSISTANT TO THE CITY MANAGER 2,846.45 2,988.77 3,138.21 3,295.12 3,459.88 C26 HUMAN RESOURCES TECHNICIAN I 2,901.19 3,046.25 3,198.56 3,358.49 3,526.42 LEGAL ADMINISTRATIVE ASSISTANT 2,901.19 3,046.25 3,198.56 3,358.49 3,526.42 C34 PAYROLL MANAGER 3,131.09 3,287.65 3,452.03 3,624.63 3,805.86 C38 HUMAN RESOURCES TECHNICIAN II 3,251.52 3,414.10 3,584.80 3,764.04 3,952.24 INFORMATION SYSTEMS TECHNICIAN 3,251.52 3,414.10 3,584.80 3,764.04 3,952.24 C45 HUMAN RESOURCES ANALYST 3,477.32 3,651.19 3,833.75 4,025.43 4,226.71 ACCOUNTANT 3,477.32 3,651.19 3,833.75 4,025.43 4,226.71 ADMINISTRATIVE ANALYST 3,477.32 3,651.19 3,833.75 4,025.43 4,226.71 C67 INFORMATION SYSTEMS ANALYST 4,279.53 4,493.51 4,718.18 4,954.09 5,201.79 DEPUTY CITY CLERK 4,279.53 4,493.51 4,718.18 4,954.09 5,201.79 C72 ACCOUNTING MANAGER 4,495.22 4,719.98 4,955.98 5,203.78 5,463.97 MANAGEMENT ANALYST 4,495.22 4,719.98 4,955.98 5,203.78 5,463.97

BARGAINING BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY UNIT RANGE POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

HOLLISTER POLICE

OFFICER'S ASSOC
SWORN O58 POLICE OFFICER 3,985.65 4,184.93 4,394.18 4,613.89 4,844.58 O73 POLICE SERGEANT 4,584.25 4,813.46 5,054.14 5,306.84 5,572.18 O93 POLICE LIEUTENANT 5,542.81 5,819.95 6,110.95 6,416.50 6,737.32 NON-SWORN Q16 ANIMAL CONTROL OFFICER ASSISTANT 2,114.40 2,220.12 2,331.13 2,447.69 2,570.07 Q25 ANIMAL CONTROL OFFICER 2,304.70 2,419.94 2,540.93 2,667.98 2,801.38 Q36 POLICE OFFICER TRAINEE 2,560.52 2,688.54 2,822.97 2,964.12 3,112.32 Q43 COMMUNITY SERVICES OFFICER 2,737.99 2,874.89 3,018.63 3,169.56 3,328.04 POLICE SERVICES OFFICER 2,737.99 2,874.89 3,018.63 3,169.56 3,328.04 MULTI SERVICES OFFICER 2,737.99 2,874.89 3,018.63 3,169.56 3,328.04 Q49 POLICE SERVICES SUPERVISOR 2,900.24 3,045.25 3,197.52 3,357.39 3,525.26 Q57 COMMUNITY SERVICES OFFICER II 3,132.26 3,288.87 3,453.32 3,625.98 3,807.28 Q71 ANIMAL CONTROL SUPERVISOR 3,570.78 3,749.32 3,936.78 4,133.62 4,340.30

BARGAINING BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY BI-WEEKLY UNIT RANGE POSITION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

MID-MANAGEMENT
M30 PARKS MAINTENANCE SUPERVISOR 3,352.39 3,520.01 3,696.01 3,880.81 4,074.86 STREETS MAINTENANCE SUPERVISOR 3,352.39 3,520.01 3,696.01 3,880.81 4,074.86 RECREATION SUPERVISOR 3,352.39 3,520.01 3,696.01 3,880.81 4,074.86 M39 ADMINISTRATIVE SUPERVISOR 3,654.11 3,836.81 4,028.66 4,230.09 4,441.59 CODE ENFORCEMENT SUPERVISOR 3,654.11 3,836.81 4,028.66 4,230.09 4,441.59 FLEET MAINTENANCE SUPERVISOR 3,654.11 3,836.81 4,028.66 4,230.09 4,441.59 PROJECTS COORDINATOR 3,654.11 3,836.81 4,028.66 4,230.09 4,441.59 M44 ENVIRONMENTAL PROGRAMS MANAGER 3,835.14 4,026.90 4,228.25 4,439.66 4,661.64 RECREATION MANAGER 3,835.14 4,026.90 4,228.25 4,439.66 4,661.64 SR. WASTEWATER TREATMENT PLANT OPTR.3,835.14 4,026.90 4,228.25 4,439.66 4,661.64 SR. PUBLIC WORKS INSPECTOR 3,835.14 4,026.90 4,228.25 4,439.66 4,661.64 M55 ASSOCIATE ENGINEER 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 CAPITAL IMPROVEMENT PROJECT MANAGER 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 PERMIT CENTER MANAGER 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 PUBLIC WORKS SUPERINTENDENT 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 SENIOR PLANNER 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 UTILITY SUPERVISOR 4,259.23 4,472.19 4,695.80 4,930.59 5,177.12 M61 PLANNING MANAGER 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95 SENIOR CIVIL ENGINEER 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95 ECONOMIC DEVELOPMENT MANAGER 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95 ASSOCIATE ENGINEER - TRAFFIC 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95 ASSOCIATE ENGINEER-UTILITIES 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95 CANNABIS AFFAIRS MANAGER 4,502.61 4,727.74 4,964.12 5,212.33 5,472.95

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HOLLISTER

FIREFIGHTERS
F43 FIRE FIGHTER 3642.05 3824.15 4015.36 4216.13 4426.94 F58 FIRE ENGINEER 4188.36 4397.78 4617.67 4848.55 5090.98 F73 FIRE CAPTAIN 4816.61 5057.44 5310.32 5575.83 5854.62 FIRE INSPECTOR 4816.61 5057.44 5310.32 5575.83 5854.62
F76 FIRE CAPTAIN (TRAINING)5250.11 5512.62 5788.25 6077.66 6381.54 F88 BATTALION CHIEF 5539.10 5816.06 6106.86 6412.21 6732.82 DEPUTY FIRE MARSHAL 5539.10 5816.06 6106.86 6412.21 6732.82

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Public Works-2026-01

AGENDA ITEM: A RESOLUTION APPROVING BUDGET ADJUSTMENTS & FUND

APPROPRIATIONS FOR COMMUNITY FACILITIES DISTRICT & ASSESSMENT

DISTRICT SERVICES, & AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT 1 TO PROFESSIONAL SERVICES AGREEMENT WITH

DEVELOPMENT & PUBLIC FINANCE, LLC

DEPARTMENT: Public Works
DEPARTMENT HEAD: Javier Hernandez, Acting Public Works Director STAFF CONTACT: Dillon Albert, Assistant Engineer

RECOMMENDED ACTION: Adopt a resolution approving:

1. A Budget Adjustment for appropriation of funds to Fund 218 in the amount of $8,250 for the payment of administrative expenses associated with Community Facilities District (CFD) 2 through June 30, 2026.

2. A Budget Adjustment for appropriation of funds to Fund 712 in the amount of $58,950 for the payment of administrative expenses associated with CFD 4 through June 30, 2026.

3. A Budget Adjustment for appropriation of funds to Fund 713 in the amount of $17,650 for the payment of administrative expenses associated with CFD 5 through June 30, 2026.

4. A Budget Adjustment for transfer of funds within Fund 709 accounts in the amount of $1,750 for the payment of administrative expenses a ssociated with Landscape and Lighting District 93-1 (LLD 93-1) through June 30, 2026.

5. Contract Amendment #1 to the Professional Services Agreement with Development & Public Finance, LLC to provide CFD and Assessment District services through June 30, 2026.

DISCUSSION: On January 2nd, 2025, the City of Hollister entered into a Professional Services Agreement with Development & Public Finance, LLC to provide Community Facilities District (CFD) and Assessment District Services for a period of one year. The existing contract expires on January 2nd, 2026, and the contract amendment would enable continuation of services through the end of the current fiscal year (June 30, 2026).

The Resolutions of Formation for LLD 93-1, CFD 2, CFD 4, and CFD 5 authorize consultant services to be paid directly by revenue received from the levy of the special taxes. The Finance Division has provided direction via policies and procedures to appropriate funds in the applicable expense accounts via a budget adjustme nt, which will enable payment of the City’s consultant for their services. Change in processing procedures took effect after fiscal year 2025/2026 budget approvals, therefore the required funds to pay consultant services were not identified in each specific fund.

Appropriation specifics to comply with procedures are included in the Fiscal Impact section of this staff report.

FISCAL IMPACT:

1. Appropriation of $8,250 to Fund 218. Increase in budget will be offset by fund balance.

2. Appropriation of $58,950 to Fund 712. Increase in budget will be offset by fund balance.

3. Appropriation of $17,650 to Fund 713. Increase in budget will be offset by fund balance.

4. Transfer of $1,750 within Fund 709 accounts. No impact to fund balance.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: Approval of this Resolution does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required

ATTACHMENTS:

1. Resolution_Final

2. 009_Public Works_Engineering_Budget Adjustment Request (218)

3. 010_Public Works_Engineering_Budget Adjustment Request (712)

4. 011_Public Works_Engineering_Budget Adjustment Request (713)

5. 013_Public Works_Engineering_Budget Adjustment Request (709)

6. DPF Professional Services Agreement_Amendment #1 _Final 1-2-26_signed

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING BUDGET ADJUSTMENTS AND FUND APPROPRIATIONS

FOR COMMUNITY FACILITIES DISTRICT AND ASSESSMENT

DISTRICT SERVICES, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT AMENDMENT #1 TO THE PROFESSIONAL

SERVICES AGREEMENT WITH DEVELOPMENT & PUBLIC FINANCE,
LLC

WHEREAS, on January 2, 2025, the City of Hollister (City) entered into a Professional Services Agreement with Development & Public Finance, LLC for Community Facilities District (CFD) and Assessment District Services; and

WHEREAS, it is in the best interest of the City to amend the contract expiration and scope of services to allow for professional services to be rendered through June 30, 2026 ; and

WHEREAS, the Resolutions of Formation for Landscape and Lighting District 93-1 (LLD 93-1), CFD 2, CFD 4, and CFD 5 authorize consultant services to be paid directly by revenue received from the levy of the special taxes; and

WHEREAS, supplemental appropriations for Funds 218, 712, 713, and 709 are required to compensate the contractor for services through the end of Fiscal Year 2025 -2026.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:

SECTION 1
The City Council hereby approves the Budget Adjustment for appropriation of $8,250 for Fund 218 for the payment of administrative expenses associated with administering CFD 2 through June 30, 2026.

SECTION 2
The City Council hereby approves the Budget Adjustment for appropriation of $58,950 for Fund 712 for the payment of administrative expenses associated with administering CFD 4 through June 30, 2026.

SECTION 3
The City Council hereby approves the Budget Adjustment for appropriation of $17,650 for Fund 713 for the payment of administrative expenses associated with administering CFD 5 through June 30, 2026.

SECTION 4
The City Council hereby approves the Budget Adjustment for the inter-account transfer of $1,750 within Fund 709 for the payment of administrative expenses associated with administering LLD 93-1 through June 30, 2026.

Resolution No. 2026-XX

SECTION 5
The City Council hereby authorizes the City Manager to e xecute Contract Amendment #1 to the Professional Services Agreement with Development & Public Finance, LLC to provide CFD and Assessment District Services through June 30, 2026.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on January 20, 2026, 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 Jennifer P. Thompson, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 January 20, 2026 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 January 20, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

BUDGET ADJUSTMENT REQUEST FORM
Fiscal Year: 25/26 Prepared By:Dillon Albert Date:1/5/2026 DH Approval:Javier Hernandez
Fund Cost Center Account Number Account Title Project Code Increase Decrease 218 4000 730000 PROFESSIONAL SERVICES 8,250.00
Total:8,250.00 -
Summary and Justification:

Date: BA Entered By:

Date:Date:

Res. No.:Date Approved: Journal No.

FOR FINANCE USE ONLY:

Approvals
(Round up to the nearest dollar)
*Route to Finance, for review, prior to approvals.

Finance Review:

City Manager Approval:

City Council Approval:

Appropriation of funds to cover annual levy and CFD services through June 30, 2026. Increase in budget will be offset by fund balance.

For guidance, reference COH_FIN 001 - Budget Adjustment Policy and Procedure 10/16/2025 Docusign Envelope ID: 4C099C13-23FC-46A3-9464-CE60673734E8 1/6/2026 | 3:20:50 PM PST
1/6/2026 | 8:29:31 PM PST

BUDGET ADJUSTMENT REQUEST FORM
Fiscal Year: 25/26 Prepared By:Dillon Albert Date:1/5/2026 DH Approval:Javier Hernandez
Fund Cost Center Account Number Account Title Project Code Increase Decrease 712 4000 730000 PROFESSIONAL SERVICES 58,950.00
Total:58,950.00 -
Summary and Justification:

Date: BA Entered By:

Date:Date:

Res. No.:Date Approved: Journal No.

FOR FINANCE USE ONLY:

Approvals
(Round up to the nearest dollar)
*Route to Finance, for review, prior to approvals.

Finance Review:

City Manager Approval:

City Council Approval:

Appropriation of funds to cover annual levy and CFD services through June 30, 2026. Increase in budget will be offset by fund balance.

For guidance, reference COH_FIN 001 - Budget Adjustment Policy and Procedure 10/16/2025 Docusign Envelope ID: 4C099C13-23FC-46A3-9464-CE60673734E8 1/6/2026 | 3:20:50 PM PST
1/6/2026 | 8:29:31 PM PST

BUDGET ADJUSTMENT REQUEST FORM
Fiscal Year: 25/26 Prepared By:Dillon Albert Date:1/5/2026 DH Approval:Javier Hernandez
Fund Cost Center Account Number Account Title Project Code Increase Decrease 713 4000 730000 PROFESSIONAL SERVICES 17,650.00
Total:17,650.00 -
Summary and Justification:

Date: BA Entered By:

Date:Date:

Res. No.:Date Approved: Journal No.

FOR FINANCE USE ONLY:

Approvals
(Round up to the nearest dollar)
*Route to Finance, for review, prior to approvals.

Finance Review:

City Manager Approval:

City Council Approval:

Appropriation of funds to cover annual levy and CFD services through June 30, 2026. Increase in budget will be offset by fund balance.

For guidance, reference COH_FIN 001 - Budget Adjustment Policy and Procedure 10/16/2025 Docusign Envelope ID: 4C099C13-23FC-46A3-9464-CE60673734E8 1/6/2026 | 3:20:50 PM PST
1/6/2026 | 8:29:31 PM PST

Docusign Envelope ID: 14171A12-4FDE-483B-AE1E-B3A5D97A4B41 1/8/2026 | 3:47:40 PM PST
1/9/2026 | 6:57:20 AM PST

1 EXHIBIT D – ADDITIONAL SERVICES TO AGREEMENT – SCOPE OF CONTRACT SERVICES – ADDITIONAL; COMPENSATION SCHEDULE

THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 20th day of January, 2026, by and between the City of Hollister, California, a municipal corporation (“City”), and Development & Public Finance, LLC, (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for Community Facilities District and Assessment District Services (“Agreement”) dated January 2nd, 2025;

WHEREAS, the scope of services described in section 2 of the Agreement includes services for the preparation of documents to fulfill the requirements for Annual CFD Reports, Annual Levies, and miscellaneous development annexations;

WHEREAS, it is understood by City and Contractor that it may be necessary for Contractor to perform or secure the performance of services other than Basic Services (“Additional Services”);

WHEREAS, section 3 of the Agreement requires City and Contractor to agree in writing to any Additional Services and attach those agreed upon Additional Services to the Agreement as Exhibit D – Scope of Contractor Services – Additional; Compensation Schedule;

WHEREAS, on December 15, 2025, Contractor provided City with a proposal for Additional Services which include preparing documents to fulfill the requirements for Annual CFD Reports and CFD Annexation Services (Attachment 1) through June 30, 2026; and

WHEREAS, City and Contractor desire to amend said Agreement to provide for these Additional Services and extend the expiration date of the contract to June 30, 2026.

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

1. The first paragraph of Section 5 “Compensation; Retention” of the Agreement is amended and restated as follows: “Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the applicable payment schedule as set for forth in EXHBIT “B” entitled “COMPENSATION” as determined by the rates listed in ATTACHMENT “A” or section 3 of EXHIBIT “D” entitled “Cost Proposal.” In the event of a conflict between the terms in EXHIBIT “B” and EXHIBIT “D”, the terms of EXHIBIT “D” shall control.

2. Section 18 “Term; Termination” of the Agreement is amended and restated as follows: “The term of this Agreement shall commence upon the date of this Agreement and shall terminate upon the expiration of the services described in Exhibit D “Additional Services to the Agreement – Scope of Contract Services – Docusign Envelope ID: 3A6913D3-3B20-48B9-9321-896895DF8EE8

2 Additional; Compensation Schedule.” Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.”

3. Exhibit D, “Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule” of the Agreement is amended and replaced in its entirety with Attachment 1 to this Amendment.

4. Except as herein amended, the Agreement dated January 2, 2025, shall remain in full force and effect.

[Remainder of Page Intentionally Left Blank]

Docusign Envelope ID: 3A6913D3-3B20-48B9-9321-896895DF8EE8

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

CITY OF HOLLISTER

BY:

Jim Pia, Interim City Manager

ATTEST:

JENNIFER WOODWORTH, CITY CLERK

BY:

City Clerk

APPROVED AS TO FORM:

BY:

City Attorney

CONTRACTOR

BY:

Michael F. Whipple, Vice President
Development & Public Finance, LLC

Attachment 1: Exhibit D “Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule”
Docusign Envelope ID: 3A6913D3-3B20-48B9-9321-896895DF8EE8

4 Attachment 1

Exhibit “D”

Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule

Docusign Envelope ID: 3A6913D3-3B20-48B9-9321-896895DF8EE8

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Finance-2026-08

AGENDA ITEM: THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE

SUCCESSOR AGENCY TO THE CITY OF HOLLISTER REDEVELOPMENT

AGENCY (RDA), TO REVIEW AND CONSIDER APPROVING THE FISCAL YEAR (FY) 2026-27 RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS)

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Delia Pichardo, Accounting Manager

RECOMMENDED ACTION: Approve the FY 2026-27 ROPS.

DISCUSSION: Staff have prepared FY 2026-27 ROPS using the template provided by the California Department of Finance (DOF). This template is used by the DOF and County Auditor-Controller to determine the amount of property tax increment that will be paid to the Successor Agency to wind down the affairs of the former RDA.

Expenses in the ROPS are related to paying off bonds of the former RDA and administrative costs for winding-down activities of the former RDA. The City Council, acting in its capacity for the Successor Agency, is required to approve a ROPS annually. The ROPS is reviewed by the local Oversight Board and submitted to the DOF and County Auditor-Controller by February 1 each year.

FISCAL IMPACT: Approving the FY 2026-27 ROPS will allow the City to receive its annual distribution of funds without delay.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project.

ATTACHMENTS:

1. FY 2026-27 ROPS

2. Resolution 2025-XX SA Successor Agency FY 2026-27 ROPS Approval

3. Resolution 2026-01-OB Oversight Board FY 2026-27 ROPS Approval

SA RESOLUTION NO. 2026-XX SA

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER,

ACTING IN ITS CAPACITY AS THE SUCCESSOR AGENCY FOR THE

CITY OF HOLLISTER REDEVELOPMENT AGENCY (RDA), TO ADOPT

A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR
THE PERIOD OF JULY 1, 2026 TO JUNE 30, 2027

WHEREAS, Health and Safety Code section 34177(I)(2)(A) and (m) requires the Successor Agency to prepare and approve a Recognized Obligation Payment Schedule (ROPS) and make associated notifications and distributions for the period of July 1, 2026 to June 30, 2027; and

WHEREAS, the recognized obligation payment schedule was prepared using the forms provided by the California Department of Finance to the City Hollister Successor Agency; and

WHEREAS, Health and Safety Code Section 34177(k) requires the Successor Agency to prepare administrative cost estimates from the Successor Agency Administrative Budget and provide them to the Auditor-Controller for the County of San Benito; and

WHEREAS, the administrative budget includes costs associated with winding down the former RDA which helps defer costs associated with the existing non -housing loan agreement, and the Finance Department administration and Successor Agency Administrative Budget must be approved by the Oversight Board; and

WHEREAS, at a public meeting held on January 13, 2026, the Oversight Board approved the FY 2026-27 ROPS.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister acting in its capacity as the Successor Agency of the former Hollister Redevelopment Agency (RDA) and in conformance with Health and Safety Code Section 34177(I) and (m), hereby approves the FY 2026-27 Recognized Obligation Payment Schedules (ROPS) for the period July 1, 202 6 to June 30, 2027, the Successor Agency Administrative Budget, and the Successor Agency Administrative Cost Estimates; and

BE IT FURTHER RESOLVED that the City Council acting in its capacity as the Successor Agency of the former Hollister Redevelopment Agency (RDA), hereby authorizes and directs the Director or the Director’s designee, acting on behalf of the Successor Agency, to file, post, mail, or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the approval of the ROPS, approval of the Successor Agency Administrative Budget, approval of the Successor Agency Administrative Cost Estimates and other actions taken pursuant to this resolution; and

Resolution No. 2026-XX SA
BE IT FURTHER RESOLVED, that nothing in this resolution shall abrogate, waive, impair or any other manner affect the right or ability of the City, as a municipal corporation, to initiate and prosecute any litigation with respect to any agreement or other arrangement between the City and the former RDA, including, without limitation any litigation contesting the purported invalidity of such agreement or arrangement pursuant to the Dissolution Act; and

BE IT FURTHER RESOLVED, approval of a Recognzied Obligation Schedule is categorially exempt from the California Environmental Quality Act.

PASSED AND ADOPTED, by the City Council of the City of Hollister acting in its capacity as the Successor Agency of the Hollister Redevelopment Agency, at a regular meeting held on January 20, 2026, 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 Jennifer Thompson, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-XX SA 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 January 20, 2026, 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 January 20, 2026.

_________________________________
Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Hollister
ROPS 2026-27 Annual
26-27A Total 26-27B Total ROPS Total
A Obligations Funded as Follows (B+C+D)- - - B Bond Proceeds - - - C Reserve Balance - - - D Other Funds - - - E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)2,441,532 667,722 3,109,254 F RPTTF 2,366,532 592,722 2,959,254 G Administrative RPTTF 75,000 75,000 150,000 H Current Period Obligations (A+E)2,441,532 667,722 3,109,254 Requested Funding for Obligations

Hollister
ROPS 2026-27 Annual
Item #Obligation Name Obligation Type Agreement
Execution Date
Agreement
Termination Date Payee Description Total Outstanding
Obligation Total Requested Funding Notes
4 Fiscal Agent Fee for Bonds Fees 8/1/2003 10/1/2032 U.S. Bank Corporation Fiscal agent fees for bonds 6,400 6,200 5 Bond Expense Funds Fees 8/1/2003 10/1/2032 Willdan Financial Services Annual continuing disclosure for bonds 6,400 6,200 7 Successor Agency Admin Costs Admin Costs 2/1/2012 1/1/2032 City of Hollister Successor Agency Administrative Costs 150,000 150,000 33 2014 Tax Allocation Refunding Bond Bonds Issued After 12/31/10 8/13/2014 8/13/2032 Union Bank of California 2014 Tax Allocation Refunding Bonds 19,462,500 2,390,500 36 2019 Tax Allocation Refunding Bond Bonds Issued After 12/31/10 7/26/2019 8/13/2032 Opus Bank 2019 Tax Allocation Refunding Bond 3,655,516 555,954

Hollister
ROPS 2026-27 Annual

A B C D E F G H
Reserve Balance Other Funds RPTTF
Bonds issued on or
before
12/31/10
Bonds issued on or after
01/01/11
Prior ROPS RPTTF and Reserve
Balances retained for future
period(s)
Rent,
Grants,
Interest, etc.

Non-Admin
and
Admin

1 Beginning Available Cash Balance (Actual 07/01/23)
RPTTF amount should exclude A" period distribution amount" 318,440$ PPA prior period adjustment ROPS FY23/24 2 Revenue/Income (Actual 06/30/24)
RPTTF amount should tie to the ROPS 21-22 total distribution from the County Auditor-Controller
3,035,666$
$3,035,666 ROPS 23/24 A Distribution
from the county Auditor Controller's Office
3 Expenditures for ROPS 23-24 Enforceable Obligations (Actual 06/30/24)
2,873,337$ Total Actuals from PPA Report. Based on accounting records FY23/24
4 Retention of Available Cash Balance (Actual 06/30/24) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 23-24 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 23-24 PPA form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/24)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
-$ -$ -$ -$ 480,769$ No entry required
July 1, 2023 through June 30, 2024
(Report Amounts in Whole Dollars)
ROPS 23-24 Cash Balances
(07/01/23 - 06/30/24)
Fund Sources
Comments
Bond Proceeds

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # Public Works-2026-04

AGENDA ITEM: WATER RATE STUDY PUBLIC HEARING AND ADJUSTMENTS TO

WATER RATES

DEPARTMENT: Public Works
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Javier Hernandez, Public Works Director

RECOMMENDED ACTION: Hold a public hearing and adopt a resolution increasing the City’s water rates.

DISCUSSION: On October 20, 2025, a Hollister water rate study was presented to the City Council by Raftelis Financial Consultants, Inc. (RFC). The study recommended a phased increase in water rates and charges over the next 5-year period beginning in 2026. The proposed water rates are necessary to meet the cost of operation and maintenance of the City's water enterprise program, and to provide adequate revenue to finance Capital Improvement Projects.

Over the last many years, the cost of operating the City’s water system and delivering potable water to City customers has significantly increased. Despite these increases, it has been more than twelve years since the City’s completion of the last water rate study, and seven years since the last rate increase.

Following the presentation and discussion at the October meeting, Council directed staff to move forward with the required Proposition 218 process and schedule a public hearing using the rate presented in Alternative 2 from the discussion.

Alternative 2 provides an approximate 60% initial increase, while Alternative 1 would have been approximately 95%.

The City of Hollister is subject to Proposition 218 and required by law to charge its customers only what is necessary to provide water services. The City’s water system reliably delivers safe drinking water to approximately 7,500 customer accounts. In accomplishing water delivery, the City maintains five groundwater wells, manages two water treatment plants in partnership with other utilities, and operates 260 miles of water mains. The Proposition 218 Notice was mailed on December 3, 2025, with just over 10,000 pieces of mail to ensure that all parcels and customer addresses were covered.

Pursuant to state law, protests may be provided by any City customer or property owner subject to the proposed rate increases. The Proposition 218 notice identified the 6:30 PM, January 20, 2026, as the public hearing date. For a majority protest to exist, the City Clerk would need to hear protests from 3,644 accounts. Information on this will be provided at the public hearing at the Council meeting.

FISCAL IMPACT: The proposed rate increases are sufficient to address increased costs to the City's water enterprise program and are consistent with the Proposition 218 Notice.

PREVIOUS COUNCIL OR COMMISSION ACTION: Last rate study and rate adoption on August 19, 2013, Resolution No. 2013-122.

CEQA: This activity is not a project pursuant to California Environmental Quality Act Statute Section 21065 and Guidelines Section 15378(b)(5).

ATTACHMENTS:

1. Resolution

2. Proposition 218 Notice

3. Water Rate Study Presentation

4. City Council Report of October 20, 2025

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING CITY WATER RATES AND FINDING THE RATES WILL

NOT EXCEED THE ESTIMATED AMOUNT NECESSARY TO FUND THE

OPERATION OF THE CITY WATER SYSTEM

WHEREAS, pursuant to the Hollister Municipal Code Section 13.08.180, water rates may be set and modified by resolution of the City Council; and

WHEREAS, it is the desire of the City Council to maintain flexibility to best meet the needs of the City and water consumers; and

WHEREAS, proposed water rate changes were presented to Council at its October 20, 2025, meeting and again at the Council Public Hearing on January 20, 2026, following the Proposition 218 Notice process; and

WHEREAS, the rate increase will begin on February 16, 2026; and

WHEREAS, the proposed water rate structure includes a fixed charge and a volumetric rate, with the Volumetric Charge including four customer classes - (1) Single Family Residential; (2) Multi-Family Residential; (3) Commercial; and (4) Landscape; and

WHEREAS, the Monthly Service Charge is a fixed charge established on the basis of the size of the water meter (in inches) serving a property and is calculated to recover a percentage of the water utility’s annual fixed costs of providing wa ter service, such as utilities, equipment, materials, billing, collections, customer service, meter reading, and meter maintenance; and

WHEREAS, the proposed water rates include revenue adjustments over the five-year rate-setting period to make sure the W ater Operating Fund has sufficient funds to cover annual expenses and to build reserves to target levels by the end of the rate -setting period, in the Year 2030; and

WHEREAS, the proposed water rates enable the City to increase water revenues, to fund expected operations, maintenance, and CIP expenditures, and maintain a sufficient Reserve Fund balance; and

WHEREAS, a public notice concerning said rate changes was duly mailed to residents in accordance with Proposition 218 noticing requirements on December 3, 2025, and a duly noticed public hearing concerning said rate adjustments was conducted by the City Council on January 20, 2026; and

WHEREAS, the City duly gave notice of the period and means for submitting written objections, and the City Council has determined that, pursuant to Proposition 218, a majority protest does not exist and the City Council may therefore proceed to set the

Resolution No. 2026-XX

water service rates; and

WHEREAS, the City Council finds that the proposed water rates do not exceed the reasonable and proportional costs of providing services to the ratepayers and the various categories of ratepayers.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:

SECTION 1. RECITALS. The above-stated recitals and true and correct and represent the findings of the City Council.

SECTION 2. RATES. The City Council hereby adopts the following rates for water service, beginning on February 16, 2026:

Resolution No. 2026-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on January 20, 2026, 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 Jennifer P. Thompson, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 January 20, 2026 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 January 20, 2026.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

www.raftelis.com
PROPOSITION 218 NOTICE

PUBLIC HEARING FOR WATER RATES

Notice is hereby given to consider proposed increases to the City of Hollister’s water rates and charges

January 20, 2026, 6:30 PM at 375 Fifth Street, Hollister, CA 95023

Proposed rate increases will be effective for services provided on or after FEBRUARY 16, 2026, if approved by City Council.

Background:

The City of Hollister (City) is subject to Proposition 218 and required by law to charge its customers only what is necessary to provide water services. The City’s water system reliably delivers safe drinking water to more than 7,500 customer accounts. To do this, the City maintains five groundwater wells, manages two water treatment plants in partnership with other utilities, and operates 260 miles of water mains.

The City has not increased its water rates since 2018. Inflation has risen 25% since then, substantially increasing the cost of City water infrastructure maintenance, treatment materials, and purchased water.

Currently, the City maintains the lowest water rates among eight neighboring communities. The City is proposing increased water rates to ensure continued investment in the water infrastructure that serves our community, to cover necessary water purchases, and deliver water you can trust.

About the Proposed Changes:

The City’s water fund is currently operating at a deficit, which poses challenges for the water system. The City engaged Raftelis, an independent consultant, to conduct a water rate study. The study included a comprehensive review of the City’s projected future revenues, operations and maintenance expenses (O&M), and capital project expenditures (Water Rate Study.) The Water Rate Study recommends rate increases so that the water fund can continue to deliver reliable water service.

Public Hearing and Protest Proceedings:

Pursuant to State law, protests may be provided by any City customer or property owner subject to the proposed rate increases, against any or all of the proposed rate increases described in this Notice.

Written protests may be submitted in person to the City Council at the Public Hearing. They may also be submitted by mail address to:

City of Hollister, City Clerk’s Office
375 Fifth Street, Hollister, CA 95023

www.raftelis.com
Both in person and mailed written protests must be received prior to the close of the Public Hearing at 6:30 PM, JANUARY 20, 2026. Each written protest must clearly identify the property or account, reference the proposed rates, and must include the signature of the property owner or account holder, as applicable. Due to the inability to verify the authenticity of each individual protest, protests received by telephone, electronic mail (e-mail), or via social media sites, including, but not limited to, Facebook or X, shall not be accepted. All interested parties are invited to attend the Public Hearing and present written protests and/or oral comments on the proposed rate changes referenced herein. Only one protest notice is allowed per City water account. Oral comments made at the public hearing will qualify as formal protests of the proposed rate increase if accompanied by a written protest setting forth the required information (as set forth above). If written protests are submitted by a majority of the affected property owners or account holders, the proposed rate increases will not be imposed.

Proposed Water Rates:

The rate study findings resulted in proposed water rate increases. The table below describes fixed rates—a monthly charge based on meter size irrespective of water use—and commodity charges—a charge based on water use. The commodity charge for residential customers follow a tiered structure where the charge increases with water use.

Additional Information
The water utility rate study, which details the water system, its budget, and rate derivation, is available on the City’s website at www.hollister.ca.gov .

For questions, please contact Cassandra Orozco at (831) 636-4370 or [email protected].

www.raftelis.com

PROTEST FORM

To protest the proposed water rate increase, you may complete this Protest Form and mail, or hand deliver to:

City of Hollister, City Clerk
375 Fifth Street
Hollister, CA 95023

To be counted, the City must receive a mailed written protest no later than 5:00 PM JANUARY 20, 2026. Protests may be hand-delivered up until the end of the Public Hearing. Only one protest is allowed per water account.

Parcel APN or Address: ________________________________________________________ ☐ I protest the proposed water rate increase to fund operation, maintenance and replacement costs related to providing water service to properties within the City of Hollister. ☐ I hereby declare under penalty of perjury that I am the owner or account holder of the above- listed property or the authorized representative of the owner of the above listed property.

Please sign here: ___________________________
___________________________
Please print the property owner/account holder name(s) here: __________________________________

CONTENIDO PARA NOTIFICACIÓN DE PROPOSICIÓN 218

AUDIENCIA PUBLICA SOBRE LAS TARIFAS DE AGUA

Se notifica que se considerarán las propuestas de aumentos de las tarifas y cargos de agua de la ciudad de Hollister.

20 de enero de 2026, a las 6:30 PM en 375 Fifth Street, Hollister, CA 95023

Los aumentos de tarifas propuestos serán efectivos para los servicios proporcionados a partir de el 16 de febrero de 2026, si son aprobados por el Ayuntamiento.

Historial:

La ciudad de Hollister (la Ciudad) está sujeta a la Proposición 218 y requerida bajo la ley a cobrarle a sus clientes solo lo necesario para proporcionar el servicio de agua. El sistema de agua de la Ciudad suministra agua potable segura de manera fiable a más de 7500 cuentas de clientes. Para hacer esto, la Ciudad mantiene cinco pozos de agua subterránea, gestiona dos plantas de tratamiento de agua en colaboración con otras empresas de servicios públicos y opera 260 millas de tuberías principales de agua.

La Ciudad no ha aumentado sus tarifas de agua desde 2018. La inflación ha subido 25% desde entonces, incrementando sustancialmente el costo del mantenimiento de la infraestructura de agua de la Ciudad, los materiales de tratamiento y el agua comprada. Actualmente, la Ciudad mantiene las tarifas de agua más bajas entre ocho comunidades vecinas. La Ciudad está proponiendo tarifas de agua aumentadas para garantizar la inversión continua en la infraestructura de agua que sirve a nuestra comunidad, para cubrir las compras de agua necesarias y suministrar agua que usted puede confiar.

Acerca de los cambios propuestos:

El fondo de agua de la Ciudad opera actualmente con un déficit, lo que plantea desafíos para el sistema de agua. La Ciudad contrató a Raftelis, un consultor independiente, para realizar un estudio de tarifas de agua. El estudio incluyó una revisión comprensiva de los ingresos futuros proyectados, los gastos de operación y mantenimiento (O&M) y los gastos de proyecto de capital (Estudio de Tarifas de Agua) de la Ciudad. El Estudio de Tarifas de Agua recomienda aumentos de tarifa para que el fondo de agua pueda seguir suministrando servicio de agua confiable.

Audiencia pública y procedimiento de protesta:

De conformidad con la ley estatal, protestas pueden ser proveídas por cualquier cliente de la Ciudad o propietario sujeto a los aumentos de tarifa propuestos, en contra cualquiera o todos los aumentos de tarifa descritos en este aviso. Las protestas por escrito pueden ser presentados personalmente ante el Ayuntamiento en la audiencia pública. También se pueden enviar por correo a la siguiente dirección:

Ciudad de Hollister, Oficina de la Secretaria Municipal
375 Fifth Street, Hollister, CA 95023

Ambas protestas, en persona y por correo, deben recibirse antes de la finalización de la Audiencia Pública a las 6:30 PM, el 20 de enero de 2026. Cada protesta escrita debe identificar claramente la propiedad o cuenta, hacer referencia a las tarifas propuestas, y debe incluir la firma del propietario o titular de la cuenta, según corresponda. Debido a la imposibilidad de verificar la autenticidad de cada protesta individua, no se aceptarán las protestas recibidas por teléfono, correo electrónico, o a través de redes sociales, incluidas, pero no limitado a, Facebook o X. Se invita a todas las personas interesadas a asistir a la Audiencia Pública y presentar protestas escritas y/o comentarios orales sobre los cambios de tarifas propuestos referenciado aquí. Se permite solo una protesta por cuenta de agua de la Ciudad. Los comentarios orales realizados en la audiencia pública se considerarán protestas formales de los aumentos de tarifas propuestos si van acompañados de una protesta escrita estableciendo la información requerida (como se indicó anteriormente). Si protestas por escrito son presentadas por la mayoría de los propietarios o titulares de cuentas afectados, no se aplicarán los aumentos de tarifas propuestos.

Tarifas de agua propuestas:

Los resultados del estudio de tarifas dieron como resultado aumentos propuestos en las tarifas de agua.

La tabla abajo describe las tarifas fijas (un cargo mensual basado en el tamaño del medidor, independientemente del consumo de agua) y los cargos por consumo (un cargo basado en el consumo de agua). El cargo por consumo para clientes residenciales sigue una estructura escalonada, donde el cargo aumenta con el consumo de agua.

Información adicional
El estudio tarifario del servicio de agua, cual detalla el sistema de agua, su presupuesto y la derivación de las tarifas, está disponible en el sitio web de la Ciudad: www.hollister.ca.gov .

Si tiene alguna pregunta, comuníquese con Cassandra Orozco al (831) 636-4370 o [email protected].

FORMA DE PROTESTA

Para protestar los aumentos de tarifas propuestos, usted puede completar esta Forma de Protesta y envirar por correo, o entregar en mano a:

Ciudad de Hollister, Oficina de la Secretaria Municipal
375 Fifth Street
Hollister, CA 95023

Para que se cuente, la Ciudad debe recibir la protesta por escrito enviada por correo, no mas tardar a las 5:00 PM, el 20 de enero de 2026. Protestas pueden ser entregadas en mano hasta el final de la Audiencia Pública. Solo una protesta es permitida por cuenta de agua.

Numero de Parcela o Dirección:
______________________________________________________________________________ ☐ Yo protesto contra el aumento propuesto de tarifas de aguas para financiar los costos de operación, mantenimiento, y reemplazos relacionados con suministro del servicio de agua a las propiedades dentro de la ciudad de Hollister.
☐ Por la presente yo declaro bajo pena de perjurio que soy el propietario o el titular de cuenta de la propiedad mencionada arriba, o el representante autorizado del propietario de la propiedad mencionada arriba.

Por favor firme aquí: ________________________________________________________________ ____________________________________________________________________________________ Por favor imprime el nombre del propietario/titular de cuenta aquí:
____________________________________________________________________________________

1 City of Hollister
Water Rate Study
Public Hearing
January 20, 2026

What is a Rate Study?
A financial planning and rate setting process that:

Community Objectives:

Conservation, Affordability
Fairness & Equity
Rate and Revenue Stability
Promotes a Utility Financial
Viability by Recovering
Costs:

O&M
Capital
Reserves
Debt Service
Derives Legally
Defensible Rates &
Charges
2 Page 100 of 168

Rate Study Process
04 What is important?
Identify financial goals and pricing objectives01
02 03
05 Financial Plan –How much $?
Evaluate operating and capital costs; conduct cash
flow and scenario analysis
Rate Design –How will customers pay?
Conduct rate calculations and customer impact analyses
Study Documentation
Rate study report; review of rates by legal
counsel
Rate Adoption
Notice customers, host Public
Hearing, collect and count protests,
consider adoption of rates / charges
Stakeholder Engagement
(start early and often)3 Page 101 of 168

Why Would the City do a Water
Rate Study?
•Rates must keep up with the City’s
costs to operate the utilities
•Utility service is not like other government
services (Police, Fire, Libraries, Parks)
that are funded by tax dollars from the
General Fund
•The water utilities are primarily funded by
customer rate revenue
›It’s a non-profit business
•By law (Proposition 218), rates must be
based on the cost to serve water
4 Page 102 of 168

Water Utility is Not Covering Expenses
An Increase is long overdue: City has not raised rates/charges since 2018! Deficit: Water fund is currently operating at a deficit Lowest charges: It has the lowest water rates/charge out of 8 surrounding agencies Inflation: Post Covid-19 inflation reached highest rate since 1981 and has impacted operational and capital project costs
Inflation up 25% since 2018 (Bureau of Labor Statistics Data) Rain: FY 2023 and 2024 were wet years; selling 12% less water than in 2021 while most of your costs are fixed
Wholesale Water Costs:

Urban JPA costs up 48% since 2018
SBCWD groundwater costs up 175% since 2018
Aging Infrastructure / Deferred Maintenance5
Why Rate
Increases are
Needed:

Water Rate Survey
6 Page 104 of 168

Water & Sewer
Compared to
Other Goods
7 Page 105 of 168

Revenue must be
used to cover the
costs for which
the charge was
imposed
The charge must
be for a service
that is actually
used or
immediately
available
The fee may not
exceed the
proportional cost
to serve the
parcel
Proposition 218
Requirements –
Paraphrased
Cannot collect
more than what
you need
Must send a
written notice to
customers no less
than 45 days
before a public
hearing
8 Page 106 of 168

Financial Planning
Assumptions
9 Page 107 of 168

Reserve Target Approximate $ Value over
Study Period
Operating 20% of O&M Expenses $2.2M
Capital 2% of Asset Value $2M
Total $4.2M
10 Assumptions / Reserve Targets

11 O&M Expenses
Expenses Summary FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Expenses by Category
Personnel $2,495,056 $2,628,097 $2,725,879 $2,827,542 $2,933,249 $3,043,171 Services and Supplies $1,816,957 $1,675,072 $1,743,589 $1,814,914 $1,889,163 $1,966,457 Contractual $645,435 $664,608 $691,192 $718,840 $747,594 $777,497 Water Supply Costs $5,330,000 $5,070,000 $5,472,800 $5,907,712 $6,377,300 $6,884,335 Minor Capital $375,200 $52,300 $54,392 $56,024 $57,704 $59,436 Unfunded Accrued Liability $343,071 $323,973 $336,932 $350,409 $364,426 $379,003 Other Expenses $346,340 $350,000 $364,000 $378,560 $393,702 $409,450 Total Expenses $11,352,059 $10,764,050 $11,388,784 $12,054,001 $12,763,139 $13,519,349

City Council Selected Alternative 2
•Revenue increases do not exactly equate to customer bill impacts 12 Alternative FY 2026 FY 2027 FY 2028 FY 2029 FY 2030
1 Revenue
Increase
95%17%3%3%2%
Capital
Execution
60%60%60%60%60%
Loan $9M
2 Revenue
Increase
60%40%2%2%2%
Capital
Execution
15%15%20%65%75%
Loan $7M

13 Capital Improvement Projects
Capital - Inflated FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total Alternative 1 $0 $1,840,601 $1,840,601 $1,840,601 $1,840,601 $7,362,404 Alternative 2 $0 $460,150 $460,150 $613,534 $1,993,984 $3,527,818

Alternative 2 –Projected Reserve Balances
14 Page 112 of 168

First Year Bill Impacts
15 Page 113 of 168

Five Year Rate Schedule
16 Line No.Monthly Fixed Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 5/8"$13.29 $23.98 $33.33 $34.00 $34.68 $35.37
2 3/4"$13.29 $23.98 $33.33 $34.00 $34.68 $35.37
3 1"$28.16 $37.52 $52.15 $53.19 $54.25 $55.34
4 1 1/2"$52.68 $71.37 $99.20 $101.18 $103.20 $105.26
5 2"$78.95 $111.98 $155.65 $158.76 $161.94 $165.18
6 3"$155.53 $240.61 $334.45 $341.14 $347.96 $354.92
7 4"$232.13 $430.17 $597.94 $609.90 $622.10 $634.54
8 6"$461.93 $1,086.85 $1,510.72 $1,540.93 $1,571.75 $1,603.19 9 8"$713.61 $1,899.23 $2,639.93 $2,692.73 $2,746.58 $2,801.51 Line No.Commodity Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 Single Family Residential
2 Tier 1 $3.38 $5.81 $8.08 $8.24 $8.40 $8.57
3 Tier 2 $5.54 $7.79 $10.83 $11.05 $11.27 $11.50
4 Tier 3 $6.34 $8.85 $12.30 $12.55 $12.80 $13.06
5 Multi-Family/Industrial $4.39 $6.74 $9.37 $9.56 $9.75 $9.95 6 Commercial $4.39 $6.58 $9.15 $9.33 $9.52 $9.71
7 Landscape $4.39 $7.42 $10.31 $10.52 $10.73 $10.94 Page 114 of 168

Summary
•The City has not increased water rates in 7 years and is long overdue for a rate increase
•It has the lowest rates around for an old water systems which need reinvestment
•These rate increase will allow the water fund to get out of a deficit and continue to provide reliable water service
17 Page 115 of 168

Thank you
Contacts
Steve Gagnon, P.E./ [email protected]
Lindsay Roth / [email protected]
Journ Galvan / [email protected]
18 Page 116 of 168

Back-up Slides
19 Page 117 of 168

Alternative 1 –Projected Reserve Balances
20 Page 118 of 168

Rate Derivation
•The City gets groundwater from San Benito County Water District and surface water from the Hollister Urban Area JPA
•Groundwater is less expensive
•City aims to use less ground water due to water quality concerns •This increases the tier 1 rate because it is based on the cost of groundwater
•Therefore, revenue increases are not the same as single family residential bill impacts
21 Page 119 of 168

First Year Bill Impacts
22 Page 120 of 168

Alternative 1 Five Year Rates
23 Line No.Monthly Fixed Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 5/8"$13.29 $29.10 $34.05 $35.07 $36.12 $36.84
2 3/4"$13.29 $29.10 $34.05 $35.07 $36.12 $36.84
3 1"$28.16 $45.50 $53.24 $54.84 $56.49 $57.62
4 1 1/2"$52.68 $86.49 $101.19 $104.23 $107.36 $109.51
5 2"$78.95 $135.68 $158.75 $163.51 $168.42 $171.79
6 3"$155.53 $291.46 $341.01 $351.24 $361.78 $369.02
7 4"$232.13 $521.02 $609.59 $627.88 $646.72 $659.65
8 6"$461.93 $1,316.30 $1,540.07 $1,586.27 $1,633.86 $1,666.54 9 8"$713.61 $2,300.14 $2,691.16 $2,771.89 $2,855.05 $2,912.15 Line No.Commodity Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 Single Family Residential
2 Tier 1 $3.38 $7.09 $8.30 $8.55 $8.81 $8.99
3 Tier 2 $5.54 $9.51 $11.13 $11.46 $11.80 $12.04
4 Tier 3 $6.34 $10.80 $12.64 $13.02 $13.41 $13.68
5 Multi-Family/Industrial $4.39 $8.23 $9.63 $9.92 $10.22 $10.42 6 Commercial $4.39 $8.04 $9.41 $9.69 $9.98 $10.18
7 Landscape $4.39 $9.05 $10.59 $10.91 $11.24 $11.46 Page 121 of 168

•Introduction
•Why rate increases are needed
•Water
›Assumptions
›Financial Plan Alternatives
›Bill Impacts
24 Agenda

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 20, 2025
REPORT # Public Works-2025-50

AGENDA ITEM: WATER RATE STUDY PRESENTATION

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

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

DISCUSSION: Raftelis Financial Consultants, Inc. (RFC) is in the process of completing a study of the City's water rates. The study recommends a phased increase in water rates and charges over the next 5-year period beginning on or about January 1, 2026. The proposed water rates are necessary to meet the cost of operation and maintenance of the City's water enterprise program, and to provide adequate revenue to finance Capital Improvement Projects.

The last rate study was completed in 2013 with the last rate increase taking effect on January 1, 2019. Since that time, the cost of operating the water system and delivering potable water to the City’s customers has increased and the revenue collected is not keeping pace with the expenses.

The presentation will briefly discuss the process, the financial position of the Water Enterprise Fund, the proposed rates, the next steps in the process, and will include a comparison of the City’s current rates and proposed rates with other surrounding jurisdictions.

FISCAL IMPACT: Neutral. The proposed rate increase is sufficient to address increased costs to the City's water enterprise program.

PREVIOUS COUNCIL OR COMMISSION ACTION: Last rate study and rate adoption on August 19, 2013, Resolution No. 2013-122.

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

ATTACHMENTS:

None

1 City of Hollister
Water Rate Study
Financial Plan and Rate Presentation
October 20th, 2025

•Introduction
•Why rate increases needed
•Water
›Assumptions
›Financial Plan Alternatives
›Bill Impacts
2 Agenda

What is a Rate Study?
A financial planning and rate setting process that considers:

Community Objectives:

Conservation, Affordability
Fairness & Equity
Rate and Revenue Stability
Promotes Utility Financial
Viability by Recovering
Costs:

O&M
Capital
Reserves
Debt Service
Legally Defensible
3 Page 351 of 481Page 126 of 168

Rate Study Process
04 Rate Setting Framework –What is important?
Identify financial goals and pricing objectives01
02 03
05 Financial Plan –How much $?
Evaluate operating and capital costs; conduct cash
flow and scenario analysis
Rate Design –How will customers pay?
Conduct rate calculations and customer impact analyses
Study Documentation
Rate study report; review of rates by legal
counsel
Rate Adoption
Notice customers, host Public
Hearing, collect and count protests,
consider adoption of rates / charges
Stakeholder Engagement
(start early and often)4 Page 352 of 481Page 127 of 168

Why Would the City do a Water
Rate Study?
•Rates must keep up with the City’s
costs to operate the utilities
•Utility service is not like other government
services (Police, Fire, Libraries, Parks)
that are funded by tax dollars from the
General Fund
•The water utilities are primarily funded by
customer rate revenue
›It’s a non-profit business
•By law (Proposition 218), rates must be
based on the cost to serve water
5 Page 353 of 481Page 128 of 168

Water and Sewer Utilities Are Not Covering Expenses
An Increase is long overdue: City has not raised rates/charges since 2018! Deficit: Water fund is currently operating at a deficit Lowest charges: It has the lowest water rates/charge out of 8 surrounding agencies Inflation: Post Covid-19 inflation reached highest rate since 1981 and has impacted operational and capital project costs
Inflation up 25% since 2018 (Bureau of Labor Statistics Data) Rain: FY 2023 and 2024 were wet years; selling 12% less water than in 2021 while most of your costs are fixed
Wholesale Water Costs:

Urban JPA costs up 48% since 2018
SBCWD groundwater costs up 175% since 2018
Aging Infrastructure / Deferred Maintenance6
Why Rate
Increases are
Needed:

Water Rate Survey
7 Page 355 of 481Page 130 of 168

Water & Sewer
Compared to
Other Goods
8 Page 356 of 481Page 131 of 168

Revenue must be
used to cover the
costs for which
the charge was
imposed
The charge must
be for a service
that is actually
used or
immediately
available
The fee may not
exceed the
proportional cost
to serve the
parcel
Proposition 218
Requirements –
Paraphrased
Cannot collect
more than what
you need
Must send a
written notice to
customers no less
than 45 days
before a public
hearing
9 Page 357 of 481Page 132 of 168

Water
10 Page 358 of 481Page 133 of 168

Reserve Target Approximate $ Value over
Study Period
Operating 20% of O&M Expenses $2.2M
Capital 2% of Asset Value $2M
Total $4.2M
11 Assumptions / Reserve Targets

12 O&M Expenses
Expenses Summary FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Expenses by Category
Personnel $2,495,056 $2,628,097 $2,725,879 $2,827,542 $2,933,249 $3,043,171 Services and Supplies $1,816,957 $1,675,072 $1,743,589 $1,814,914 $1,889,163 $1,966,457 Contractual $645,435 $664,608 $691,192 $718,840 $747,594 $777,497 Water Supply Costs $5,330,000 $5,070,000 $5,472,800 $5,907,712 $6,377,300 $6,884,335 Minor Capital $375,200 $52,300 $54,392 $56,024 $57,704 $59,436 Unfunded Accrued Liability $343,071 $323,973 $336,932 $350,409 $364,426 $379,003 Other Expenses $346,340 $350,000 $364,000 $378,560 $393,702 $409,450 Total Expenses $11,352,059 $10,764,050 $11,388,784 $12,054,001 $12,763,139 $13,519,349

Financial Plan Alternatives
•Revenue increases do not exactly equate to customer bill impacts 13 Alternative FY 2026 FY 2027 FY 2028 FY 2029 FY 2030
1 Revenue
Increase
95%17%3%3%2%
Capital
Execution
60%60%60%60%60%
Loan $9M
2 Revenue
Increase
60%40%2%2%2%
Capital
Execution
15%15%20%65%75%
Loan $7M

14 Capital Improvement Projects
Capital - Inflated FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Total Alternative 1 $0 $1,840,601 $1,840,601 $1,840,601 $1,840,601 $7,362,404 Alternative 2 $0 $460,150 $460,150 $613,534 $1,993,984 $3,527,818

Alternative 1
15 Page 363 of 481Page 138 of 168

Alternative 1 –Projected Reserve Balances
16 Page 364 of 481Page 139 of 168

Rate Derivation
•The City gets groundwater from San Benito County Water District and surface water from the Hollister Urban Area JPA
•Groundwater is less expensive
•City aims to use less ground water due to water quality concerns •This especially increases the tier 1 rate because it is based on the cost of groundwater
•Therefore, revenue increases are not the same as single family residential bill impacts
17 Page 365 of 481Page 140 of 168

First Year Bill Impacts
18 Page 366 of 481Page 141 of 168

Alternative 1 Five Year Rates
19 Line No.Monthly Fixed Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 5/8"$13.29 $29.10 $34.05 $35.07 $36.12 $36.84
2 3/4"$13.29 $29.10 $34.05 $35.07 $36.12 $36.84
3 1"$28.16 $45.50 $53.24 $54.84 $56.49 $57.62
4 1 1/2"$52.68 $86.49 $101.19 $104.23 $107.36 $109.51
5 2"$78.95 $135.68 $158.75 $163.51 $168.42 $171.79
6 3"$155.53 $291.46 $341.01 $351.24 $361.78 $369.02
7 4"$232.13 $521.02 $609.59 $627.88 $646.72 $659.65
8 6"$461.93 $1,316.30 $1,540.07 $1,586.27 $1,633.86 $1,666.54 9 8"$713.61 $2,300.14 $2,691.16 $2,771.89 $2,855.05 $2,912.15 Line No.Commodity Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 Single Family Residential
2 Tier 1 $3.38 $7.09 $8.30 $8.55 $8.81 $8.99
3 Tier 2 $5.54 $9.51 $11.13 $11.46 $11.80 $12.04
4 Tier 3 $6.34 $10.80 $12.64 $13.02 $13.41 $13.68
5 Multi-Family/Industrial $4.39 $8.23 $9.63 $9.92 $10.22 $10.42 6 Commercial $4.39 $8.04 $9.41 $9.69 $9.98 $10.18
7 Landscape $4.39 $9.05 $10.59 $10.91 $11.24 $11.46 Page 367 of 481Page 142 of 168

Alternative 2
20 Page 368 of 481Page 143 of 168

Alternative 2 –Projected Reserve Balances
21 Page 369 of 481Page 144 of 168

First Year Bill Impacts
22 Page 370 of 481Page 145 of 168

Alternative 2 Five Year Rates
23 Line No.Monthly Fixed Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 5/8"$13.29 $23.98 $33.33 $34.00 $34.68 $35.37
2 3/4"$13.29 $23.98 $33.33 $34.00 $34.68 $35.37
3 1"$28.16 $37.52 $52.15 $53.19 $54.25 $55.34
4 1 1/2"$52.68 $71.37 $99.20 $101.18 $103.20 $105.26
5 2"$78.95 $111.98 $155.65 $158.76 $161.94 $165.18
6 3"$155.53 $240.61 $334.45 $341.14 $347.96 $354.92
7 4"$232.13 $430.17 $597.94 $609.90 $622.10 $634.54
8 6"$461.93 $1,086.85 $1,510.72 $1,540.93 $1,571.75 $1,603.19 9 8"$713.61 $1,899.23 $2,639.93 $2,692.73 $2,746.58 $2,801.51 Line No.Commodity Charges Current
Proposed FY
2026
Proposed FY
2027
Proposed FY
2028
Proposed FY
2029
Proposed FY
2030
1 Single Family Residential
2 Tier 1 $3.38 $5.81 $8.08 $8.24 $8.40 $8.57
3 Tier 2 $5.54 $7.79 $10.83 $11.05 $11.27 $11.50
4 Tier 3 $6.34 $8.85 $12.30 $12.55 $12.80 $13.06
5 Multi-Family/Industrial $4.39 $6.74 $9.37 $9.56 $9.75 $9.95 6 Commercial $4.39 $6.58 $9.15 $9.33 $9.52 $9.71
7 Landscape $4.39 $7.42 $10.31 $10.52 $10.73 $10.94 Page 371 of 481Page 146 of 168

Thank you
Contacts
Steve Gagnon, P.E./ [email protected]
Lindsay Roth / [email protected]
Journ Galvan / [email protected]
24 Page 372 of 481Page 147 of 168

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # City Manager-2026-05

AGENDA ITEM: DISCUSSION ON WHETHER TO BRING BACK AN ORDINANCE AMENDING SECTION 02.04.050 (MEETINGS- TIME AND PLACE) OF CHAPTER

02.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE

HOLLISTER MUNICIPAL CODE

DEPARTMENT: City Manager
DEPARTMENT HEAD: Jim Pia, Interim City Manager
STAFF CONTACT: Jim Pia, Interim City Manager

RECOMMENDED ACTION: Discuss whether to direct staff to bring back an ordinance amending the Hollister Municipal Code regarding the time and place of City Council meetings

DISCUSSION: At the City Council meeting of January 5, 2026, the Council reviewed a request for a future agenda item from Councilmember Morales. The Councilmember proposed that the City Council meetings change from the 1 st and 3rd Mondays to the 2nd and 4th Mondays. The Council authorized this request to come back to a future Council meeting discussion.

As background, on March 4, 2024, the City Council approved an amendment to the Hollister Municipal Code, updating the date and time of City Council meetings from the first and third Mondays at 6:30 p.m. to the first and third Tuesdays of each month at 4:00 p.m. Following that action, on January 7, 2025, the City Council approved an amendment to bring the meetings back to the 1st and 3rd Mondays at 6:30. The proposed action would be the third amendment on Council meeting time change in less than two years.

Staff notes that the risks of moving from the 1st and 3rd Monday evenings to the 2nd and 4th Monday evenings include changes within each Councilmember’s current schedule, changes to the public awareness of the current schedule and even unknown risks of changing the current schedules of staff, consultants and attorneys.

FISCAL IMPACT: There was no fiscal impact.

PREVIOUS COUNCIL OR COMMISSION ACTION: Council action as noted above.

CEQA: N/A

ATTACHMENTS: None.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: January 20, 2026
REPORT # City Attorney-2026-02

AGENDA ITEM: CONSIDERATION OF PLANNING COMMISSION BYLAW

AMENDMENTS

DEPARTMENT: City Attorney
DEPARTMENT HEAD: Jennifer Thompson, City Attorney
STAFF CONTACT: Jennifer Thompson, City Attorney

RECOMMENDED ACTION: Approve amendments to the Planning Commission bylaws.

DISCUSSION: City Council requested changes be made to the Planning Commission Bylaws that provide opportunities for the Planning Commission Chairperson to meet with City staff to review the Planning Commission (“Commission”) agenda prior to a Commission meeting and provide a process for the Commission to recommend items for City Council consideration at a future City Council Meeting.

The Commission is appointed by and serves at the pleasure and direction of the City Council. The Commission has the authority to approve or disapprove Conditional Use Permits, variances, and specific Planned Development permits. The Commission also approves Tentative and Parcel Maps and hears administrative decision appeals.

However, while the Commission makes recommendations on a variety of other planning and land use items, final decision-making authority remains with the City Council.

As the Commission seeks to better understand agenda items before the Commission, the City Council wishes to allow the Chairperson the opportunity to meet with City staff regarding the Commission agenda. This meeting should only be to clarify and understand agenda items before the Commission, not for the Planning Commission Chairperson to direct the actions of City staff. The management of City staff remains with the City Manager.

Additionally, since the Planning Commission has a unique perspective regarding the implications of planning and land use policies, the City Council wishes to provide the Commission with an opportunity to recommend items for City Council discussion and consideration. Revisions to the Commission Bylaws provide a process for Commissioners to bring forth recommendations that, if approved by a majority of the Commission, would allow a future agenda item to be recommended to the City Council for future consideration. This process does not replace City Council process for placing an item on the City Council agenda.

FISCAL IMPACT: There is no direct cost to the City for adopting changes to the Planning Commission Bylaws.

PREVIOUS COUNCIL OR COMMISSION ACTION:

CEQA: CEQA is inapplicable.

ATTACHMENTS:

1. Draft Planning Commission Bylaw Amendments - Redline

CITY OF HOLLISTER PLANNING COMMISSION
BYLAWS

1 THE COMMISSION.

1.1 Name. The name of this body is the “City of Hollister Planning Commission.”

1.2 Composition. The Planning Commission shall be composed of five (5) members. Each member of the City Council shall nominate one member of the Planning Commission from their representative District subject to the approval of the City Council. The Mayor may appoint a member of the Planning Commission from any District, subject to the approval of the City Council.

1.3 Term of Office.

1.3.1 The term of office of the members of the Planning Commission appointed by individual Council Member shall be the same as the term of the appointing Council Member, and thereafter until their successors have been duly selected and assume office. Any vacancy by in the membership of the city planning commission shall be filled by a nomination from the Council Member whose district the member represents.

Applicants from another district may be appointed if there are no applicants from the Council Member’s district. Any vacancy by a member appointed at large shall be filled by a nomination of the mayor. All nominations for appointment are subject to the approval of the City Council.

1.3.2 Each Commission member serves at the pleasure of the Council Member who appointed them and the Commission Member may be removed at any time, with or without cause.

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

2 OFFICERS.

2.1 Titles. The officers of this Commission are Chairperson, Vice-Chairperson, and Executive Secretary.

2.1 2

PC Bylaws

Chairperson. The Chairperson shall be the presiding officer at all meetings of the Planning Commission.

2.42.2 2.52.3 Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson shall preside.

In the absence of both the Chairperson and Vice Chairperson, the Secretary shall preside temporarily and shall immediately call for the Commission to elect one of their numbers as a temporary presiding officer to serve until the arrival of the Chairperson or Vice Chairperson or until adjournment, whichever first occurs. A temporary presiding officer so elected shall be referred to by the Commission, City Staff, and the public as “Mister Chairperson” or “Madame Chairperson” as appropriate to gender.

2.62.4 Executive Secretary. The Community Development Director or their designee is the Executive Secretary of the Commission and will carry out the administrative details of the Commission, including keeping the records of Commission meetings, acting as Secretary at all meetings or the Commission, recording all votes, preparing the agenda and minutes of the Commission meetings, serving as technical advisor to the Commission, and at the direction of the City Manager, providing necessary research and fact finding services.

2.72.5 Selection of Chairperson and Vice Chairperson.

2.7.12.5.1 Election of Officers. Each year at its first regular meeting in January, the Planning Commission shall elect from among its members a Chairperson and a Vice Chairperson to serve for a term of one year. The new Chairperson and Vice Chairperson shall be installed and sworn in immediately following their selection. These positions are limited to two consecutive terms of office.

2.7.22.5.2 Term of Office. The Chairperson and Vice Chairperson shall serve until the next meeting scheduled for selection of those offices, and thereafter until their successors have been duly selected and assume office.

2.7.32.5.3 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.

2.82.6 Presiding Officer.

2.8.12.6.1 Participation of Presiding Officer. The presiding officer (except the Secretary, when acting as presiding officer) may move, second, and debate from the chair, subject only to such limitations of debate as are imposed on all Commission members., The presiding officer shall not be deprived of any of the rights and privileges of a Commission member by reason of acting as presiding officer.

2.8.22.6.2 Question to Be Stated. The presiding officer should restate or cause to be restated each question immediately prior to Commission debate and discussion and again prior to calling for the vote. Following the vote, the presiding officer should announce whether the question carried or was defeated and the vote totals. Before proceeding

PC Bylaws

to the next item of business, the presiding officer may also state the effect of the vote for the benefit of the audience.

2.6.3 Rulings of Presiding Officer Final Unless Overruled by Commission. In presiding over Planning Commission meetings, the presiding officer shall, with due consultation with the City Attorney, decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Commission members present and voting and shall be binding and legally effective (even if clearly erroneous) for purposes of the matter under consideration.

2.6.4 Meeting with City Staff. The Chairperson may choose to meet with City staff prior to a meeting of the Planning Commission to discuss the agenda. No other officers shall attend this conversation in compliance with Open Meeting Laws in Government Code section 54950 et seq.

3 MEETINGS.

3.1 Regular Meetings.

3.1.1 Time and Place. Regular meetings of the Planning Commission shall be held on the fourth Thursday of each month at 6:00 p.m. in the City Council Chambers of City Hall, with the exception of July, where there shall be no Planning Commission meeting, and November and December, where the regular meeting of the Planning Commission shall be on the third Thursday of the month at 6:00 p.m., or such other time and place as shall be specified by the Planning Commission. When necessary, the Planning Commission may also meet on the second Thursday of the month at 6:00 p.m.

3.1.2 Agenda.

3.1.2.1 Agenda Items. The Secretary of the Planning Commission determines which items are placed on the agenda and the timing for scheduling such items. Any member of the Planning Commission may request to have an item placed on an agenda.

3.1.2.2 Changes in Agenda. Except with the consent of the majority of the Planning Commission, items shall not be taken out of the prescribed order. No matters other than those listed on the agenda shall be acted upon by the Planning Commission except as permitted under applicable state law.

3.1.2.3 Delivery and Posting of Agenda. Barring insurmountable difficulties, the agenda for each regular meeting of the Planning Commission, and reports and other documentation related thereto, shall be delivered to the Commissioners and made available to the public no later than seventy-two hours preceding the meeting to which the agenda pertains. The agenda shall conform to, and be posted in accordance with, applicable requirements of the California

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Government Code. Agendas shall be posted at least 72 hours prior to the time scheduled for the meeting on the bulletin board outside City Hall and at such other places within the City as has been designated for posting notices of Planning Commission meetings.

3.2 Adjourned Meetings. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

3.3 Study Sessions.

3.3.1 Notice and Agenda. A study session is a meeting of the Planning Commission, provided a quorum is present. Regular study sessions shall be noticed, agendized, and conducted in compliance with state laws governing regular meetings of the Planning Commission.

Special study sessions may be called in accordance with the procedures for special meetings of the Planning Commission and shall be noticed, agendized, and conducted in accordance with state law governing special meetings.

3.3.2 Lack of Quorum. In the event that a quorum is lacking for a study session, the meeting may proceed as a briefing at the request of the commissioners present, but shall not be considered a meeting of the Planning Commission, and no minutes shall be kept and no direction shall be given to staff by majority consent except to place an item on a future agenda. The proceedings shall continue to be open to the public, public comments shall be taken as for regular study sessions, and all other rights of the public with respect to Planning Commission meetings shall be observed.

3.3.3 Limited Actions. Notwithstanding that a study session is a meeting of the Planning Commission, the Commission by these rules has determined that study sessions are limited purpose meetings and that no formal vote or final action of the Planning Commission shall be taken, unless specifically noted on the agenda. The commissioners may individually express their opinions and ask questions concerning a study session item, and may, by majority consent, give general direction to staff concerning further action to be taken prior to formal consideration of the item, but any final action or formal motions or vote required to effect Commission approval or denial shall take place at a regular Commission meeting. However, commissioners shall not express opinions, nor give directions to staff indicative of any opinions, regarding the approval, disapproval, granting or denial of any item for which a subsequent public hearing will be required prior to final action.

3.3.4 Time and Place. Study sessions may be held at a time or place determined by the Planning Commission if noticed and agendized as a special meeting and designated as a study session. A special meeting designated as a study session shall be subject to Section 1.4.

3.4 Special Meetings.

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3.4.1 Notice. The Chairperson or a majority of the members of the Commission may call special meetings of the Planning Commission upon not less than 24 hours notice and in accordance with Section 54956 of the California Government Code, and other applicable state statutes, as amended from time to time.

3.4.2 Matters Considered. Only matters contained in the notice of the special meeting may be considered.

3.4.3 Public Input. Public input is limited to those items listed on the special meeting agenda.

3.5 Special Joint Meetings.

3.5.1 Calling of Meeting. Special Joint Meetings of the Planning Commission and the City Council or other planning agencies (other than those whose governing boards are comprised of the City Council members) may be called and noticed in accordance with the rules for calling special meetings.

3.5.2 Rules of Procedure. The rules of procedure governing such joint meetings shall be agreed to by the Commission Chairperson and Mayor or the chairperson of the other planning agency. All rules and agenda formats shall conform to all applicable state and city laws and regulations.

3.6 Closed Sessions. Closed sessions are regulated pursuant to the Brown Act. No member of the Commission, employee of the City, or anyone else present shall disclose or mention to any person the content or substance of any discussion which takes place in a closed session, or information contained in confidential materials. All written materials and verbal information regarding closed session items or that are provided in connection with closed session matters, such as litigation, shall remain confidential to ensure that the City’s position is not compromised. All public statements, information, and press releases relating to closed session items shall be handled by the designated staff spokesperson.

4 REGULAR MEETING AGENDA/ORDER OF BUSINESS

4.1 Call to Order. The Chairperson (generally referred to as “the presiding officer”) shall call the meeting to order as soon as a majority of the Planning Commission is present but no sooner than the time the meeting has been posted to commence. If the Chairperson or the Vice Chairperson is not present, the Secretary of the Commission shall call the meeting to order and shall immediately call for the selection of a temporary presiding officer.

4.2 Pledge of Allegiance. The presiding officer shall designate any individual at the meeting to lead the Planning Commission, staff, and the public in reciting the Pledge of Allegiance to the United States flag.

4.3 Roll Call. The Secretary of the Commission shall take a verbal roll call of all commissioners present at the meeting immediately after the Chairperson calls the meeting to order and the names of those present and absent shall be entered in the minutes. The order of roll call shall

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be left to right, except that the Chairperson shall be called last. If a majority of the Planning Commission is present, the presiding officer shall declare for the record that a quorum is present.

4.4 Petitions, Remonstrances and Communications.

4.4.1 Public Input. The public shall have an opportunity to directly address the Planning Commission on any item of interest to the public that is not on the agenda but is within the subject matter jurisdiction of the Planning Commission. Persons wishing to address the Planning Commission shall complete a Speaker’s Card and give it to the Secretary of the Commission prior to addressing the Commission. When called by the presiding officer, speakers shall identify themselves at the podium by name for the record. Each speaker shall be entitled to speak during the public input period for a total of three (3) minutes, unless further time is granted by the Planning Commission. In cases where it appears that a large number of persons desire to address the Commission on one subject, the presiding officer may limit public comments on any one subject to an aggregate of 15 minutes.

4.4.2 Commissioner Responses. The Planning Commission is prohibited by state law from discussing or taking action on any item not appearing on the agenda unless the action is otherwise authorized by law. However, after being recognized by the presiding officer, commissioners may “briefly respond” to comments or questions from members of the public, ask a question for clarification, refer to staff for factual information, direct staff to report back at a subsequent meeting or direct staff to place the issue on a future agenda. Any statement or response offered by a commissioner during this portion of the agenda shall be deemed to express the individual position or opinion of the commissioner offering the same, and shall not be construed to bind the Planning Commission or the City in any manner.

4.4.3 Limitations on Public Comments. The making of oral communications to the Planning Commission by any member of the public during the “public comments” portions of the agenda shall be subject to the following limitations. These limitations shall apply in circumstances where the presiding officer is aware or is informed by the Secretary of the Commission or other staff member that they apply.

4.4.3.1 Issues pending before other bodies. No speaker shall be permitted to address the Planning Commission on a topic which is currently before or about to be submitted for consideration by the City Council or another commission or legislative body at a public hearing before which the speaker should make their presentation, until that latter body has completed its deliberations and taken its final action.

4.4.3.2 Public hearing. No speaker shall be permitted to address the Planning Commission on a topic that is scheduled to be heard and determined by the Commission in a public hearing at a subsequent time. Any speaker indicating a desire to speak on such a matter shall be informed of the date, time, and place of the hearing and directed to make comments during the public testimony

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portion of the public hearing, or, alternatively, to submit comments in writing and request that they be included in the record of such hearing.

4.4.3.3 Issues subject to appeal. Where an appeal to the Planning Commission is or may become available to the speaker, no public comments shall be taken on the subject outside of the appeal hearing. Rather, the presiding officer should direct the person to follow the appeal procedure and present comments and evidence in the appeal hearing.

4.5 Consent Agenda. 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 required by a member of the Planning Commission, a staff member, or a member of the public.

4.5.1 Minutes. Minutes of previous meetings will be agendized for approval by the Commission under the Consent Agenda.

4.5.2 Planning Commission Discussion of Consent Agenda Items. The Planning Commission may ask brief questions of clarification on any item on the consent agenda without pulling the item for further discussion. However, detailed discussion of any item listed on the agenda shall require the item to be pulled from the consent agenda for further deliberations.

4.5.3 Public Comment on the Consent Agenda. Prior to requesting a motion on the Consent Agenda, the Presiding Officer shall allow for member of the public to speak on any item or items on the consent agenda. Public comments shall be made in accordance with Section 5, and shall be on any and all items agendized on the Consent Agenda so desired to be discussed by the speaker. After public comment is made, there shall be no further public comment on Consent Agenda items, even if pulled for further discussion by the Planning Commission or a staff member.

4.6 Public Hearings. Legislative vs. Quasi-Judicial. The majority of Public Hearings involve adjudicative or quasi-judicial decisions, as opposed to legislative decisions. A legislative act is the formulation of a rule which is to be applied in all future cases. An adjudicative or quasi- judicial act involves the actual application of such a rule to a specific set of existing facts.

Generally, quasi-judicial public hearings are those involving a request for an exception to be made to a City ordinance or policy or those involving an appeal of the application or interpretation of a particular ordinance or policy to a specific property, individual, interest or situation. These hearings often involve land use matters. They require procedural due process including notice and opportunity to be heard. A quasi-judicial public hearing requires the Planning Commission to make specific factual findings, based upon the evidence and testimony presented to the Commission.

4.6.1 Order of Proceedings. Generally, public hearings shall be conducted in the following order: Staff review and report; questions of staff by Planning Commission; hearing opened by Chairperson; presentation by proponent, applicant, or appellant; questions of proponent, applicant, or appellant by Commission or staff; public testimony; rebuttal

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by proponent, applicant, or appellant if desired; hearing closed; questions by Planning Commission; discussion by Commission; action by Planning Commission.

4.6.2 Public Testimony.

4.6.2.1 Presentation by proponent, applicant, or appellant. Upon opening of the public hearing, the project proponent, applicant, or appellant shall be granted an opportunity to present to the Planning Commission if desired. This presentation shall be no more than five (5) minutes in length. After presenting, the Planning Commission or staff shall have an opportunity to ask questions of the proponent, applicant, or appellant if desired.

4.6.2.2 Time Limits. Questions, comments, and testimony from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, limit testimony from the public, but in no event to more than three (3) minutes per individual. The proponent, applicant, or appellant shall be granted an opportunity for rebuttal following other public testimony during the hearing. Rebuttal shall be limited to no more than three (3) minutes. Any person may speak for a longer period of time, upon approval of the Planning Commission, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.

4.6.2.2.1 Translation. Persons providing public testimony who require translation by a translator shall be provided double the time limit provided for public testimony on the item.

4.6.2.3 Testimony After Closure of Hearing. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Planning Commission to reopen the hearing, even in cases where the item is continued to a future date for Commission consideration. In the event that public testimony is reopened to allow additional information or additional speakers, the proponent, applicant or appellant shall be permitted a reasonable time for rebuttal. Any request for reopening of the hearing shall be submitted in writing to the Secretary of the Commission, who shall deliver it to the presiding officer in a manner calculated to be least disruptive to any proceedings under way.

4.6.3 Written Testimony. Testimony submitted in written form shall be added to the record of the hearing.

4.6.4 Testimony Under Oath. In any hearing before the Planning Commission, notice of which is to be published or posted, if the Planning Commission or any member thereof, or a proponent or opponent of the matter, requests that any or all participants in the proceedings testify under oath or affirmation (under penalty of perjury), the making of such request shall be set forth in the notice of hearing. Additionally, the notice of

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hearing shall state that the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and that any persons having a question or concern regarding the giving of testimony under oath or affirmation should consult an attorney of their own choosing and at their own expense.

Each person testifying under oath or affirmation in any such proceeding shall, before so testifying, state on the record agreement to testify under oath or affirmation in the matter and having had an opportunity to choose and to consult with an attorney in respect thereto. Testimony submitted in written form shall be included as part of the record of the hearing if it is made under penalty of perjury. Upon request to the Secretary of the Commission, each Commissioner will receive sufficient notice prior to the time of publishing or posting of any hearing notice in order to make such a request.

4.6.5 Absent Commissioner. If a decision is to be rendered at a meeting other than the meeting during which the public hearing took place, a Commissioner who is absent during the public hearing shall not participate in the decision unless the Commissioner has listened to or watched a tape of the entire public hearing.

4.6.6 Fair Hearing. Commissioners may discuss with any member of the public or listen to discussion of the facts of any quasi-judicial matter while such matter is pending before the Commission, if the following guidelines are followed. (Matters involving permits are pending before the commission when an application for a permit has been filed with the appropriate City department; otherwise a matter is pending when the appropriate notice of appeal has been filed.)

4.6.6.1 The fact of such discussions, and any content of such discussion which is germane to the pending matter, shall be disclosed on the record at the beginning of the public hearing prior to the taking of any statements from the public or permit applicants.

4.6.6.2 Commissioners may attend noticed public hearings before other boards and commissions but should not comment or engage in any discussion at such hearings. Information and evidence gained by Commissioners via their attendance at noticed public hearings before other boards and commissions need not be disclosed at later Commission consideration of the same or related matter.

4.6.6.3 Commissioners may visit sites and properties that are the subject of pending proceedings, as long as the fact of such visits and any observations which are germane to the subject matter of the proceeding are disclosed on the record at the beginning of the public hearing prior to the taking of any statements from the public or permit applicants.

4.7 Reports of Commissioners. A Commissioner may, during the time for reports and comments, report on activities representing the Commission before other governmental agencies and at public events. Each Commissioner may also bring to the Commission’s attention any item of new business under this portion of the agenda. Action on any matter of business not listed on the agenda shall be deferred until properly listed on the agenda for a subsequent Planning

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Commission meeting unless properly added to the agenda due to a need for immediate action pursuant to state law. If a Commissioner requests that an item be added to a future agenda, the Planning Commission shall give direction to staff as to whether the matter should be placed on the agenda for a regular Council meeting, a study session, or a special meeting.

4.7.1 Recommendations for City Council Consideration. The Planning Commission may recommend future City Council agenda items for City Council consideration.

4.7.1.1 Future City Council Agenda Item Request. Commissioners wishing to have an item included on a future City Council agenda must first bring the item before the Planning Commissioners. Any Commissioner requesting an item for a future City Council agenda must complete a “City Council Future Agenda Item Request” form which includes additional information needed for staff to prepare an Planning Commission agenda item on the topic.

4.7.1.2 Limit of Items. Commissioners will be allowed one to place one topic for a future City Council agenda per member per meeting.

4.7.1.3 Consideration of Item. The Planning Commission will discuss and consider any proposed future City Council agenda items. Discussion and consideration should be limited to the wheather the item should be recommended to the City Council for consideration.

4.7.1.4 Approval. A majority vote is required to submit a future City Council agenda items to the City Council. If the item fails to receive a majority vote, the item will not be submitted to the City Council for future consideration. If the item does receive a majority vote, the item will be added to the Informational Reports – Council Reports – Planning Commission Requests for Future Agenda Items section of the next available City Council meeting. The City Council will handle this item in the same manner as it handles City Council Requests for Future Agenda Items - if the City Council determnines, by a majority vote, that it would like to consider the item, it will be added to a future City Council meeting agenda.

4.7.1.5 Affect on City Council. This process is not intended to bypass or surplant City Council process for Future Agenda Items or to mandate action by the City Council.

5 PUBLIC COMENTS AND ADDRESSING THE COMMISSION

5.1 Manner of Addressing the Planning Commission.

5.1.1 Speaker Cards. Any member of the public desiring to address the Planning Commission shall fill out and present a speaker card to the Secretary prior to the presiding officer calling the item of business which the person desires to address, and when called by

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the presiding officer, shall proceed to the podium. After being recognized, the individual shall state the individual’s name for the record.

5.1.2 Address Presiding Officer. All remarks and questions shall be addressed to the presiding officer or to the Planning Commission and not to any individual Commissioner, staff member, or other person. No person shall enter into any discussion without being recognized by the presiding officer. It shall be the presiding officer’s prerogative to determine the order of speakers on any agenda or non-agenda items, except to the extent that the order of speakers is determined by other policies.

5.1.3 Subject Under Discussion. During public comments on matters on the agenda and public hearings, all remarks shall be limited to the subject under consideration.

5.1.4 Addressing the City Council after the public comment period. After the public comment period has been concluded for any item, no member of the public shall address the Planning Commission on that item without first securing permission from a majority of the Commission.

5.1.5 Repetitious and Irrelevant Commentary. Irrespective of any time limits, the presiding officer may regulate or terminate the comments of a speaker when the presiding officer reasonably determines that the speaker is being unduly repetitious or engaging in extended discussion of irrelevancies. The presiding officer shall first issue a warning to the speaker and explain the reasons for the warning prior to terminating the speaker’s time.

5.1.6 Multiple Speakers. If it appears that several speakers desire to speak regarding a single topic, the presiding officer may reasonably limit the number speaking as to each side of an issue. Preference may be given to speakers who represent groups of persons who have designated a spokesperson. In the presiding officer’s discretion, if beneficial to the Commission’s understanding of an issue or more efficient in conducting Planning Commission business, the presiding officer may, but shall not be required to, allow grouping of speakers into a coordinated presentation.

5.2 Written Correspondence

5.2.1 Included in Agenda Packet. Any written communication relating to a matter pending, or to be brought before the Planning Commission shall, whenever possible, be included in the agenda packet for the meeting at which such item is to be considered. If received after the delivery of the agenda packet, it shall be distributed to all persons receiving the agenda packet and all others requesting such information as soon as practicable after receipt.

5.2.2 Letters of Appeal. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the municipal code, or other ordinances.

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5.2.3 Written Public Comments. Public comments submitted in written form shall be copied and distributed to all members of the Planning Commission, the Secretary of the Commission, the Planning Manager, and the City Attorney.

5.2.4 Written materials may be presented to the Secretary of the Commission during the public hearing, and will be distributed to the Planning Commission, the Planning Manager, and the City Attorney following the meeting.

5.3 Persons Authorized to Be Within Platform Area. While the Planning Commission is in session, no person except City officials shall be permitted within the area of the Council Chambers forward of the speaker’s podium without the invitation or consent of the presiding officer.

5.4 Public Comments at Regular and Adjourned Regular Meetings.

5.4.1 Public Comments on Matters not on the Agenda - see Section 4.6 above.

5.4.2 Public Comments On Matters on the Agenda. Public comments shall be taken for each item as the presiding officer calls that item for consideration. Each member of the public requesting to speak shall be allowed three (3) minutes to complete comments.

5.4.3 Public Comments at Special Meetings. At special meetings of the Planning Commission, no public comments will be taken on matters not on the agenda. Public comments on matters on the agenda shall be taken for each item as the presiding officer calls that item for consideration. However, with respect to special joint meetings with the City Council or other planning agencies, public comments on matters on the agenda shall be taken in any manner consistent with state law and agreed to under Section 1.5 above.

Each member of the public requesting to speak shall be allowed three (3) minutes to complete comments.

5.4.4 Public Comments at Study Sessions. A public comment period, entitled “Public Comments on Matters Either on the Agenda or not on the Agenda Under the Jurisdiction of the Planning Commission” shall be included as part of the study session agenda. Such public comments shall be taken prior to the Commission taking up any business items. A limit of three (3) minutes shall be imposed upon each person so desiring to address the Commission during the public comment period.

5.4.5 Public Comments on Matters on Closed Session Agendas. The public shall be permitted to make comments on matters on the closed session agendas prior to the holding of each closed session in accordance with state law. Each speaker shall be limited to three (3) minutes.

6 CONDUCTING BUSINESS AT MEETINGS

6.1 Notice of Meetings. Notice of regular meetings, special meetings, study sessions and adjourned meetings shall be given in accordance with state law. Notice of all meetings shall be posted as required by state law at the same locations where City Council notices are posted. Inadvertent failure of the Secretary to post notice at that location shall not invalidate any meeting so long

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as the posting actually done by or under the direction of the Secretary complies with state law for posted notices.

6.2 Quorum and Required Majorities.

6.2.1 Majority Quorum and Majority Vote. Unless otherwise provided for in the Municipal Code or by state law, a majority of the Planning Commission shall be a quorum sufficient to do business. Except as provided by law, motions may be passed 2-1 if only 3 of the commissioners are in attendance.

6.2.2 Emergency Items. Discussion and action on an item not appearing on the posted agenda of regular meetings, regular study sessions, and closed sessions may occur if an emergency situation as defined in California Government Code Section 54956.5 is determined to exist by a majority vote of the Commission.

6.2.3 Need For Immediate Action. Discussion and action on an item not appearing on the posted agenda may occur if the legislative body determines by a two-thirds vote of the members of the legislative body present at the meeting (or a unanimous vote if less than two-thirds of the members are present) that there is both: a) the need to take action immediately, and; b) that the need for action came to the attention of responsible officers of the City after the agenda was posted.

6.3 Legally Required Participation. If a majority of the Planning Commission is disqualified to vote on a matter by reason of a conflict of interest, the Commission shall select by lot or other means of random selection, or by such other impartial and equitable means as the Commission shall determine, that number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum. Any disqualified member so chosen shall not participate in any discussion of the item and shall participate in voting only to the minimum extent required for a lawful and legal decision.

6.4 Conclusion of Meetings. The Commission shall endeavor to adjourn all regular, adjourned or special meetings of the Planning Commission, including study sessions, at 10:00 p.m. or as soon thereafter as any matter then being considered is concluded. The Commission may, by motion and majority vote, continue the meeting after such time. However, continuing the meeting after such time without such motion or vote shall not invalidate any action taken.

7 RULES, DECORUM, AND ORDER

7.1 Maintenance of Order. The presiding officer is responsible for the maintenance of order and decorum at all times.

7.2 Points of Order. The presiding officer shall determine all points of order subject to appeal to the Planning Commission. If any appeal is taken, the question shall be “Shall the decision of the presiding officer be sustained” in which event a majority vote shall govern and conclusively determine such question of order.

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7.3 Language. All Commission members, staff members, and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. The presiding officer shall use their best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward coarse language as a courtesy to others present or otherwise viewing Commission meetings.

7.3.1 Disruption of Meeting. No person who addresses the Commission shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Commission, staff, or other individuals in a manner which disrupts, disturbs, or otherwise impedes the orderly conduct of the Commission meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for terminating the citizen’s comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, shall be grounds for removal from the meeting. Commission members shall not be belligerent or make disparaging commentary toward the speaker. The presiding officer may call for a short recess should a member of the public become disruptive or agitated so as to interfere with the normal conduct of business. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules.

7.3.2 Clearing the Room. As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer of the Planning Commission may order the meeting room cleared and continue in session.

Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.

Nothing in this section shall prohibit the Planning Commission from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

7.4 Decorum and Order – Commission Members.

7.4.1 Manner of Speaking. Any Commissioner desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Commissioner shall speak only to the question under debate.

7.4.2 Questioning Staff. A Commissioner desiring to question the staff should address their question to the Planning Manager, or, in appropriate cases, to the Secretary or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.

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7.4.3 Interruptions. Once recognized, a Commissioner shall not be interrupted while speaking unless called to order by the presiding officer, or unless a point of order is raised by another Commissioner, or unless the speaker chooses to yield to questions from another Commissioner.

7.4.4 Limitation of Debate. No Commissioner shall speak for more than five (5) minutes each time that member has the floor, without the approval of a majority vote of the Planning Commission. No Commissioner normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. The five- minute limit set forth herein shall not apply to remarks by a Commissioner under Reports of Commission.

7.4.5 Dissents, Protests, and Comments. Any Commissioner shall have the right to express dissent from, or protest to, or comment upon, any action of the Planning Commission and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, ”I would like the minutes to show that I am opposed to this action for the following reasons . . .”

7.4.6 Commissioner Conduct. Members of the Commission shall not engage in debate with a member of the public at Planning Commission meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Commissioners are expected to interact with one another with mutual respect and courtesy.

Derogatory, snappy, or sarcastic comments towards another Commissioner or a member of the public are inappropriate. Commissioners shall treat city employees with courtesy and respect. If a Commissioner is concerned or has a question about an employee’s performance, the matter should be addressed through the city manager.

Commissioners shall refrain from publicly criticizing the conduct or performance of a particular employee.

7.4.7 Representing Majority Decision vs. Individual Opinion. If a member of the Planning Commission appears before another governmental agency or organization to give a statement on an issue affecting the City, the Commissioner should first indicate any majority position and opinion of the Commission. Personal opinions and comments may be expressed only if the Commissioner clarifies that these statements do not represent the position of the Planning Commission.

7.5 Decorum and Order - Members of the Public. Members of the audience shall not address the Commission, the presiding officer, the staff or other members of the public except during public comment periods. When a member of the audience has important information, answers to questions raised during Commission deliberations, or new evidence for Commission consideration after the closing of the public comment period applicable to that item, the member of the public shall request to be recognized by the presiding officer by means of a speaker form submitted to the Secretary, or by silently standing or raising a hand. Persons unable to stand or raise a hand may use such other means, including speaking out loud, if necessary, as are reasonably calculated to attract the attention of the presiding officer with the least disruption to the proceedings. The presiding officer shall have discretion to deny the

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request or briefly question the person regarding the general nature of the information held by the audience member, or the relevance and importance of the information. If the presiding officer deems the answers to such questions worthy of Commission consideration, the presiding officer shall ask for the Commission to indicate, by majority consent, whether they wish to hear and consider the comments.

7.6 Decorum and Order - Employees. The City Manager shall ensure that all city employees observe proper rules of decorum. Any staff members, including the City Manager, desiring to address the Planning Commission or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer or to the Planning Commission and not to any one individual Commissioner or member of the public.

7.7 Conflict of Interest and Disclosure.

7.7.1 Applicable Law. All Commission members are subject to the provisions of conflicts of interest codes adopted by the City Council, and California law governing conflicts of interest, including, but not limited to, the Political Reform Act (Chapter 7, Title 9, of the California Government Code, Section 87100, et seq.,) and regulations adopted pursuant thereto; Government Code section 1090 relating to the making of contracts; and the common law doctrine against conflicts of interest.

7.7.1.1 The Political Reform Act. The Political Reform Act (“PRA”) prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. The definition of who is a public official, what constitutes a governmental decision and a financial interest, and the requirements of disclosure and disqualification, are contained in regulations adopted by the Fair Political Practices Commission.

7.7.1.2 Government Code Section 1090. City officers and employees are prohibited under Government Code section 1090 from having financial interests in contracts made by them or by any board or body of which they are members.

7.7.1.3 Common Law Doctrine Against Conflicts of Interest. The common law doctrine against conflicts of interest is the judicial expression of the public policy against public officials using their official positions for private benefit. This doctrine requires public officials to abstain from participating in cases where the public official’s private financial interest may conflict with their official duties.

7.7.2 No Participation. Any Commissioner prevented from voting because of a conflict of interest shall refrain from any participation with respect to that item, including but not limited to questions, comments, debate, and voting. Such Commissioner shall leave the Council Chambers during debate and voting on the issue.

PC Bylaws

8 PARLIAMENTARY AND VOTING PROCEDURE

8.1 Parliamentary Procedure. The purpose of parliamentary rules of procedure is to expedite the transaction of City business in an orderly fashion. All procedural matters not otherwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City, shall be governed by Rosenberg’s Rules of Order (League of California Cities 2003). A copy of said Rules shall be maintained on file in the Office of the City Clerk. However, no ordinance, resolution, or other action of the Planning Commission shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Commissioners to observe or follow such rules. It is the intent of the Planning Commission not to become entangled over parliamentary procedure. Issues relating to the conduct of a meeting are determined by the Chairperson, subject to appeal to the full Commission.

8.2 Motions. A motion is the way that business is conducted by a group under parliamentary procedure. It is a proposal that an individual would like the group to consider and act upon. The steps in making, discussing and voting on a motion are as follows: The maker of the motion asks for recognition by the presiding officer. After the individual is recognized, they will say “I move that we ...” The presiding officer will ask if there is a second. Another member of the group should second the motion in order for it to be discussed. A second is made by saying “I second the motion.” The presiding officer then restates the motion. “It has been moved and seconded that ...” The item is then open to discussion by the Commission. The presiding officer may make or second a motion.

8.2.1 Discussion. The presiding officer will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. Spirited discussion helps to answer questions and explore different interpretations or impacts of the motion. At the end of the discussion period, the presiding officer will ask how many members are in support of the motion, how many are opposed and if there are any abstentions. A majority vote is needed for the motion to pass.

8.2.2 Common Motions. Other common motions include: Amending a motion - “I move to amend the motion by …”; Delaying consideration - I move to table the motion until…”; Closing debate- “I move the previous question…”; Requesting more study - “I move to refer this to (staff or subcommittee) for further study…”; Objecting to procedure - “Point of order.”

8.3 Voting Procedure. In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Commissioner present can be clearly ascertained.

The vote on each motion shall then be entered in full upon the record. The secretary shall call the names of all members seated when a roll call vote is ordered or required. The presiding officer shall be called last. Members shall respond “yes,” “no,” or “abstain.” Unless a Commissioner at any Planning Commission meeting states that they are not voting, the member’s silence shall be recorded as an affirmative vote.

PC Bylaws

8.4 Roll Call Voting. A roll call vote shall not be required unless requested by any Commissioner.

The purpose of a roll call vote is not to allow members to explain their votes during roll call.

Commissioners may change their votes before the next order of business is called.

8.5 Abstentions Discouraged. Every Commissioner should vote “yes” or “no” on each item unless disqualified for cause.

8.6 Reconsideration. Any Commissioner who voted with the majority may move for reconsideration of the action but only at the same meeting. The motion may be seconded by any Commissioner.

8.7 Tie Votes. Tie votes shall be lost motions. When all Commissioners are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Planning Commission takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Planning Commission are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Planning Commission, unless otherwise ordered by the Commission.