Hollister City Council
September 8, 2026

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, September 8, 2026, 6:30 p.m.

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

Roxanne Stephens, Mayor Ana Cortez, 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

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

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

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

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

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

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following

recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

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

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

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

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

Public Participation:

The public may attend meetings.

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

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

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

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

between 12:00 and 1:00 p.m.)

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

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

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

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

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION REPORT

5.SPECIAL ORDERS OF THE DAY

5.1 CHILDHOOD CANCER AWARENESS MONTH PROCLAMATION

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

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

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

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

7.1 AUGUST 17, 2026 REGULAR MEETING MINUTES

7.2 WARRANT REGISTER AUGUST 17, 2026
COUNCIL NEXT STEPS:

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

7.3 A RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE COUNCIL NEXT STEPS:

Adopt a resolution amending the City of Hollister’s Conflict of Interest Code and rescind Resolution No. 2024-87

7.4 APPROVAL OF LETTER OF SUPPORT FOR ASSEMBLY BILL 1761 (ROGERS)

REGARDING POWER CHARGE INDIFFERENCE ADJUSTMENT TRANSPARENCY COUNCIL NEXT STEPS:

Approve a letter of support for Assembly Bill 1761 (Rogers) and authorize its submission to Governor Gavin Newsom.

7.5 A RESOLUTION DECLARING CERTAIN IDENTIFIED VEHICLES AND

EQUIPMENT AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID

SURPLUS THROUGH AN ALREADY AUTHORIZED MEMORANDUM OF
UNDERSTANDING WITH ONLINE AUCTION COMPANY GOVDEALS INC.

City of Hollister City Council Meeting

COUNCIL NEXT STEPS:

Adopt a resolution declaring the equipment and vehicles listed in Exhibit [A] as surplus, and that such declared surplus be disposed of through online auction by GovDeals Inc.

7.6 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE

AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR THE USE OF THE HOLLISTER COMMUNITY CENTER AT 300 WEST STREET DURING A

PUBLIC SAFETY SHUTOFF EVENT
COUNCIL NEXT STEPS:

Adopt a resolution authorizing the Mayor to execute a license agreement with Pacific Gas and Electric Company for the use of the Hollister Community Center at 300 West Street during a Public Safety Shutoff Event.

7.7 APPROVE A LEGAL SERVICE AGREEMENT (CONTINGENCY FEE RETAINER)

LLC D/B/A NAPOLI SHKOLNIK PLLC AND VENTURA & RIBEIRO, PLLC D/B/A

VENTURA LAW TO INVESTIGATE AND PROSECUTE ANTITRUST CLAIMS

RELATED TO FIRE TRUCK PROCUREMENT
COUNCIL NEXT STEPS:

Approve a legal service agreement (contingency fee retainer) with NSPR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura & Ribeiro, PLLC d/b/a Ventura Law (together, “Law Firm”) to investigate and, if warranted, prosecute claims against fire truck manufacturers, trade associations, and their executives arising from alleged price-fixing and other anticompetitive conduct affecting the City’s purchase of fire apparatus.

7.8 A RESOLUTION APPROVING THE ANNEXATION OF THE MIGUEL MINOR SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 66 (PUBLIC FACILITIES SERVICES)
COUNCIL NEXT STEPS:

Adopt a resolution approving the annexation of the Miguel Minor Subdivision into CFD#4.

7.9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE MIGUEL MINOR

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 29 (POLICE AND FIRE SERVICES) COUNCIL NEXT STEPS:

Adopt a resolution approving the annexation of the Miguel Minor Subdivision into CFD#5.

7.10 A RESOLUTION ACCEPTING THE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-

WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE PROJECT ALMOND/CLEARIST PARK SUBDIVISION, TRACT NO. 359,

ACCEPTING THE OFFERS OF DEDICATION SHOWN IN THE FINAL MAP COUNCIL NEXT STEPS:

Adopt a resolution accepting the improvements in the public right-of-way and other areas designated for public use within the Project Almond/Clearist Park Subdivision, Tract No. 359, accepting the offers of dedication shown in the Final Map for, or separately recorded against, the property, as required by the Subdivision Improvement Agreement.

City of Hollister City Council Meeting

7.11 A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS AND APPROVING REDUCTION IN PERFORMANCE BOND FOR WEST OF FAIRVIEW PHASE 2

SUBDIVISION
COUNCIL NEXT STEPS:

Adopt a resolution accepting the Public Improvements for the West of Fairview Phase 2 Subdivision as constructed in accordance with the approved plans, specifications, and applicable City standards. It is further recommended that the City Council approve the corresponding reduction of the improvement bond securing the Public Improvements, consistent with the value of the improvements completed and accepted by the City.

7.12 A RESOLUTION GRANTING ACCEPTANCE OF PUBLIC IMPROVEMENTS AND

APPROVING REDUCTION IN PERFORMANCE BOND FOR THE ASPEN PARK

SUBDIVISION
COUNCIL NEXT STEPS:

Adopt a resolution accepting the Public Improvements for the Aspen Park Subdivision as constructed in accordance with the approved plans, specifications, and applicable City standards. It is further recommended that the City Council approve the corresponding reduction of the improvement bond securing the Public Improvements, consistent with the value of the improvements completed and accepted by the City.

7.13 A RESOLUTION APPROVING A $50,000 CONTRACT AMENDMENT WITH

GRANITE ROCK COMPANY FOR THE WEST GATEWAY ROUNDABOUT
PROJECT (CIP C1816)
COUNCIL NEXT STEPS:

Adopt a resolution approving a $50,000 contract amendment with Granite Rock Company for additional work required to repair unforeseen third-party damage to City improvements and authorize the City Manager to execute the necessary contract documents.

8.PUBLIC HEARINGS

8.1 A RESOLUTION AUTHORIZING THE CITY OF HOLLISTER’S CONTINUED

PARTICIPATION IN THE STATEWIDE COMMUNITY INFRASTRUCTURE

PROGRAM (SCIP)
COUNCIL NEXT STEPS:

Conduct a public hearing, adopt a Resolution authorizing the City of Hollister’s continued participation in the Statewide Community Infrastructure Program (SCIP), and authorize the City Manager to execute documents and take actions necessary to implement the City’s continued participation in SCIP, consistent with the adopted resolution and applicable law.

8.2 CONTINUED PUBLIC HEARING AND CONSIDERATION OF RESOLUTIONS

APPROVING THE INITIATION OF GENERAL PLAN AMENDMENT AND PREZONE

FOR THREE PROJECT SITES
COUNCIL NEXT STEPS:

Hold a continued public hearing and:

1. Adopt a resolution approving the initiation of General Plan Amendment 2026-1 and Prezone 2026-1 for a 1.9-acre parcel located at the northwest corner of Fairview Road and HWY 25 (APN 020-330-003); and

2. Adopt a resolution approving the initiation of Prezone 2026-2 for the 12.9-acre City of Hollister City Council Meeting

parcel located in the unincorporated area of the County of San Benito, Northwest of Wright Road and San Felipe Road and the initiation of General Plan Amendment 2026-2 to amend the Land Use Plan Map of the City of Hollister General Plan to include to annex the parcel into the City (APN 019-090-025; and

3. Adopt a resolution approving the initiation of General Plan Amendment 2026-3 and Prezone 2026-3 for a 40.03-acre parcel located between Highway 25 and the City of Hollister Municipal Airport (APN 014-090-053, 014-090-016, and 014-090-058).

8.3 A RESOLUTION VACATING THE RIGHT-OF-WAY OF A PORTION OF NASH

ROAD BETWEEN WEST STREET AND MONTEREY STREET
COUNCIL NEXT STEPS:

Adopt a resolution vacating the right-of-way of a portion of Nash Road and approve the sale of the right-of-way to the San Benito High School District.

9.COUNCIL BUSINESS

9.1 DISCUSSION REGARDING ANIMAL SERVICES OPERATIONS, POLICE

OVERSIGHT, AND PUBLIC PERCEPTION
Discuss animal services operations in the City of Hollister and, if needed, provide direction to staff.

9.2 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO

APPLY FOR AND EXECUTE A FINANCIAL ASSISTANCE AGREEMENT WITH THE

STATE WATER RESOURCES CONTROL BOARD FOR THE VALENZUELA

WATER SERVICE UPGRADE PROJECT
COUNCIL NEXT STEPS:

Adopt a resolution designating the City Manager, or their designee, as the City’s Authorized Representative for the Valenzuela Water Service Upgrade Project, and authorize them to apply for and execute a financial assistance agreement with the State Water Resources Control Board for the Project.

9.3 A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO TWO

ALTERNATE VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES

GENERAL ASSEMBLY AND AUTHORIZING TRAVEL FOR THE DELEGATES COUNCIL NEXT STEPS:

Adopt a resolution designating a voting delegate and up to two (2) alternate voting delegates for the League of California Cities Annual General Assembly and authorizing travel for the chosen delegates.

10.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.

10.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various ad hoc and standing City Council committees.

10.2 COUNCIL REPORTS
Receive informational reports from the City Council.

10.3 CITY MANAGER REPORT
City of Hollister City Council Meeting

Sewer•
Water•

1.PRA REPORT-JULY

11.CLOSED SESSION

11.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Initiation of Litigation Pursuant to Paragraph (4) of subdivision (d) of 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): Three Cases

11.2 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: City Manager Ana Cortez, HR Director Noel Mink and City Attorney Jennifer Thompson
Hollister Firefighters Union (HFFU)

11.3 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Closed Session Pursuant to section 54956.9(d)(1) of the Government Code Name of Case: Sywak v. City of Hollister
Superior Court Case No. CU-25-00167

11.4 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Pursuant to Government Code Section 54954.5(e)

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister Regular meeting of September 8, 2026, was posted on the bulletin board at City Hall on Thursday, September 3, 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.

PROCLAMATION

Honoring Jacob’s Heart Children’s Cancer Support Services and Declaring September 2026 as Childhood Cancer Awareness Month

WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and

WHEREAS, each year, 19.2 in every 100,000 children in our community will be diagnosed with cancer; and

WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and

WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments: 1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No child seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and

WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and

WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 28 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of Greenfield; and

WHEREAS, it is important for all Hollister City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby proclaim September 2026, as Childhood Cancer Awareness Month in the City of Hollister, and do hereby honor Jacob’s Heart Children’s Cancer Support Services for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 8th day of September 2026.

______________________________
Roxanne Stephens, Mayor
ATTEST:

________________________________
Angie Gonzalez, Acting City Clerk

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

August 17, 2026, 6:30 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Priscilla de Anda, District 4

Members Absent: Rolan Resendiz, District 2
Dolores Morales, District 3
_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 6:34 p.m.

2. ROLL CALL
Acting City Clerk Gonzalez called the roll.

3. PLEDGE OF ALLEGIANCE
Vice Mayor de Anda led the Pledge of Allegiance.

4. CLOSED SESSION REPORT
City Manager Cortez stated that there was no reportable action from the August 3, 2026 closed session.

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Mayor Stephens opened public comment at 6:36 p.m.

Noel Provost spoke regarding staffing at the Hollister Police Department and shared his opinion on why officers are choosing to leave the department.

Frank Garcia expressed his concern regarding the proposed use of the remaining retirement incentive pay funds.

Stacie McGrady asked when the City would release the complete financial reports from the 2025 and 2026 motorcycle rally.

There being no further requests to speak, Mayor Stephens closed public comment at 6:44 p.m.

2 6. CONSENT ITEMS
Mayor Stephens opened public comment at 6:46 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 6:46 p.m.

Moved by: Council Member Picha
Seconded by: Council Member de Anda
Approving the consent calendar with the modification to item 6.2. Council approved appointments to the Financial Oversight Task Force for Council Member Dolores Morales, Omar Rosa, and Julie Roybal.

Ayes (3): Mayor Stephens, Council Member Picha, and Council Member de Anda Absent (2): Council Member Resendiz, and Council Member Morales Carried (3 to 0)

6.1 AUGUST 3, 2026 REGULAR MEETING MINUTES

6.2 FINANCIAL OVERSIGHT TASK FORCE MEMBER APPOINTMENT
Moved by: Council Member Picha
Seconded by: Council Member de Anda
Approve the appointment of Councilwoman Dolores Morales, Omar Rosa, Julie Roybal, to the Financial Oversight Task Force.

Carried

6.3 A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE

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

SERVICES FOR THE HOLLISTER MUNICIPAL AIRPORT
Moved by: Council Member Picha
Seconded by: Council Member de Anda
Adopt a resolution approving Amendment No. 4 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for On-Call Consulting Services for the Hollister Municipal Airport and authorizing the City Manager to execute Agreement Amendment No. 4.

Carried

3 7. PUBLIC HEARINGS

7.1 RESOLUTIONS APPROVING THE INITIATION OF GENERAL PLAN

AMENDMENT AND PREZONE FOR THREE PROJECT SITES
Acting City Clerk Gonzalez shared that the approval of these items would require four (4) affirmative votes by the City Council and recommended that the hearing be continued to a future date.

Mayor Stephens opened the public hearing at 6:48 p.m.

There were no speakers for this item.

Mayor Stephens continued the public hearing to a d ate certain of September 8, 2026.

8. COUNCIL BUSINESS

8.1 A RESOLUTION RESCINDING RESOLUTION 2023-164 AND

APPROVING THE NEW TRAFFIC CALMING MEASURES REQUEST

POLICY AND PROCEDURES
City Manager Cortez provided the staff report.

Mayor Stephens opened public comment at 7:04 p.m.

Stacie McGrady encouraged the city to solicit input from public safety personnel on traffic calming measures.

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

The City Council directed staff to bring back an updated draft policy that includes language on a holistic approach, with a focus on bikers, pedestrians, and information on hot spots like school zones and the downtown.

8.2 DISCUSSION REGARDING POTENTIAL REGULATIONS FOR

SPAYING AND NEUTERING OF ANIMALS AND ANIMAL BREEDING
City Manager Ana Cortez provided the staff report.

Mayor Stephens opened public comment at 7:17 p.m.

Lisa Sears spoke to the success of the City of Seaside's spay/neuter program and ordinance.

Marci spoke regarding Vincent's Garden of Hope and the work they provide. She shared her concerns regarding the lack of communication with local groups.

Lora James shared about Monterey County's approach to the matter and issues agencies across California are facing.

4 Stacie McGrady stated that we need proactive policies and procedures to address the issue, and she is in support of an ordinance.

Susan Hilden shared her support for the microchip station and commended H.A.L.F.'s work on the matter.

Mayor Stephens closed public comment at 7:33 p.m.

The City Council directed staff to return with more information, including options for people who cannot afford the cost, to increase engagement with the community on the issue, and to visit the City of Seaside to see how their program works.

9. INFORMATIONAL REPORTS

9.1 COMMITTEE ASSIGNMENTS
None.

9.2 COUNCIL REPORTS

1. CITY COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

1. Presentation on Tobacco Education Program at San Benito Public Health - Vice Mayor de Anda
By consensus the council directed staff to agendize the presentation.

9.3 CITY MANAGER REPORT
 Sewer
 Water
City Manager Cortez shared that there will be a bike safety meeting with the Safe Kids Coalition Meeting on August 19th. The police department will give a presentation on bike safety and share safety materials.

The City will receive $1.9 million from the sale of the 190 Maple Street building.

She attended her first 3CE meeting in Monterey and announced that they entered into a contract to conduct Energy Audits in the City of Hollister.

She also attended a meeting at the San Benito County Foundation with Speaker Riva's staff. The City of Hollister, City of San Juan Bautista, and County of San Benito committed to provide project concepts for the next round.

She announced that the El Toro Gas annexation was approved by LAFCO at their meeting on August 10, 2026.

The City is working on the Fire Chief search. The interim chief and City Manager will be screening applicants soon.

5 She and Public Works Director Tony White attended a meeting at the Water District. They received a report on the Governance Committee, gave updates on the Master Plan accomplishments, and shared an update on the ADRoP facility. The purpose of the ADRoP facility is to focus on resilience, it is not about increasing capacity.

As far as notices of violations, the City has built internal capacities which will hopefully diminish reliance on consultants.

10. CLOSED SESSION
City Manager Ana Cortez read the closed session item titles.

Mayor Stephens convened the meeting into closed session at 8:02 p.m.

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

11. ADJOURNMENT
Mayor Stephens adjourned the meeting at 8:20 p.m.

Angie Gonzalez, Acting City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Finance-2026-27

AGENDA ITEM: WARRANT REGISTER AUGUST 17, 2026

DEPARTMENT: Finance Department
DEPARTMENT HEAD: Jessica O'Connell, Finance Director

COUNCIL NEXT STEPS: Ratify and approve the Warrant Registers for the General- Special-Enterprise-Assessment Funds attached.

FISCAL IMPACT: 25/26

ATTACHMENTS:

1. Expense Approval Register DP 7-13-26

2. Expense Approval Register AP 7-13-26

3. Expense Approval Register AP 7-17-26

4. Expense Approval Register DP 7-17-26

5. Expense Approval Register AP 7-17-26 (2)

6. Expense Approval Register AP 7-24-26

7. Expense Approval Register AP 7-27-26

8. Expense Approval Register DP 7-28-26

9. Expense Approval Register DP 7-30-26

10. Expense Approval Register AP 7-31-26

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: August 17, 2026
REPORT # City Clerk-2026-23

AGENDA ITEM: A RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Angie Gonzalez, Acting City Clerk

COUNCIL NEXT STEPS: Adopt a resolution amending the City of Hollister’s Conflict of Interest Code and rescind Resolution No. 2024-87

DISCUSSION: The Fair Political Practices Commission (FPPC) requires the City to update its Conflict of Interest Code biennially to make amendments as necessary to add new positions, delete old positions, revise titles of existing positions, or delete titles of positions that have been abolished. The City’s Conflict of Interest Code complies with Government Code Section 87200, requiring that elected and public officials who make, or participate in the making of governmental decisions, file a Statement of Economic Interest (Form 700), within 30 days of assuming office, annually, and within 30 days of leaving office. A governmental decision includes voting on matters, appointing a person, obligating or committing their agency to a course of action, or entering into any contractual agreement on behalf of their agency. The FPPC also requires the Conflict of Interest Code list all the positions at the agency that are required to file a form 700, and their disclosure category. The list of positions and disclosure category is attached as Exhibit A.

Adoption of this resolution complies with the California Political Reform Act and the FPPC regulations requiring that the code be updated every two years.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: The previous Conflict of Interest Code was adopted by the City Council on June 18, 2024, as Resolution No. 2024-87.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AMENDING THE CITY'S CONFLICT OF INTEREST CODE AND
RESCINDING RESOLUTION NO. 2024-87

WHEREAS, the Political Reform Act requires adoption and promulgation of a Conflict of Interest Code, including a biennial review; and

WHEREAS, revisions to the City’s Conflict of Interest Code are necessary, as a result of the recent changes in the organizational structure of the City.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER that the elected and appointed officials that are involved in the making or participation in making decisions that may foreseeably have a material effect on any financial interest as designated on Exhibit A, attached and incorporated herein, shall comply with the reporting requirements pursuant to Government Code Section 87300 et. seq. and that Resolution No. 2024-87 is hereby rescinded in its entirety.

PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

______ ________________________ _______________________________ Angie Gonzalez, MMC, Acting City Clerk Jennifer Thompson, City Attorney

Resolution No. 2026-XX

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

Resolution No. 2026-XX

EXHIBIT A

Department Designated Position Disclosure
Category
Elected Officials City Council Members GC 87200 et. seq City Treasurer City Treasurer GC 87200 et. seq
City Manager City Manager GC 87200 et. seq
Assistant City Manager Form 700
Economic Development Manager Form 700
Human Resources Human Resources, Risk, and
Technology Director
GC 87302
City Clerk GC 87302
Deputy City Clerk GC 87302
Information Systems and Technology
Director
GC 87302
Information Systems and Technology
Assistant Director
GC 87302
Information Systems Analyst GC 87302
Information Systems Technician GC 87302
City Attorney City Attorney GC 87200 et. seq
Assistant City Attorney GC 87302
Administrative Services Administrative Services Director Form 700 Finance Finance Director GC 87302
Human Resources Manager Form 700
Administrative Analyst GC 87302
Management Analyst GC 87302
Deputy Finance Officer – Construction
and Capital Management
GC 87302
Housing Programs Manager GC 87302
Building Official GC 87302

Resolution No. 2026-XX

Capital Improvement Project Manager Form 700
Airport Airport Director GC 87302

Community
ServicesPublic Works
Community Services DirectorPublic
Works Director
GC 87302
Utility Manager GC 87302
Utility Supervisor GC 87302
Fleet Maintenance Supervisor GC 87302
Environmental Programs Manager GC 87302
Associate Engineer GC 87302
Recreation Parks and Recreation Director GC 87302
Recreation Services Manager GC 87302
Development Services Development Services Director Form 700 Planning Planning Manager GC 87302
Assistant Planner GC 87302
Senior Planner GC 87302
Associate Planner GC 87302
City Engineer Form 700
Assistant City Engineer Form 700
Associate Engineer Form 700
Cannabis Affairs Manager Form 700
Code Enforcement Code Enforcement Officer Form 700
Code Enforcement Supervisor Form 700
Fire Fire Chief GC 87302
Battalion Chief GC 87302
Police Chief of Police GC 87302
Police Captain GC 87302
Lieutenant Form 700

Resolution No. 2026-XX

Animal Control Animal Control Supervisor Form 700
Boards & Commissions Planning Commission (5) GC 87200 et. seq Oversight Committee
for the former
Redevelopment Agency
All Board Members (7) GC 87302
Consultants Consultants as designated GC 87302

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # City Clerk-2026-26

AGENDA ITEM: APPROVAL OF LETTER OF SUPPORT FOR ASSEMBLY BILL 1761 (ROGERS) REGARDING POWER CHARGE INDIFFERENCE ADJUSTMENT

TRANSPARENCY

DEPARTMENT: City Manager
DEPARTMENT HEAD: Ana Cortez, City Manager

COUNCIL NEXT STEPS: Approve a letter of support for Assembly Bill 1761 (Rogers) and authorize its submission to Governor Gavin Newsom.

DISCUSSION: Assembly Bill (AB) 1761, authored by Assemblymember Chris Rogers, addresses transparency in the calculation of the Power Charge Indifference Adjustment (PCIA), a charge paid by customers who receive electric generation service from Community Choice Aggregators (CCAs) and other energy service providers. The City of Hollister is a member agency of Central Coast Community Energy (3CE).

The PCIA is intended to ensure that customers who leave investor -owned utility generation service continue to pay their appropriate share of legacy power procurem ent costs. According to the proposed letter of support, there is currently no consistent standard governing the data that must be made available during California Public Utilities Commission (CPUC) proceedings in which the PCIA or related charges are established. This can make it difficult for CCAs to independently verify PCIA calculations and accurately forecast rates.

AB 1761 would amend the Public Utilities Code to require the CPUC and investor- owned utilities to disclose the data used to calculate PCIA costs, including cost inputs, forecasting assumptions, and methodologies. The bill would also require the underlying data to be provided when changes to the PCIA are proposed during CPUC proceedings. Sensitive information would continue to be protected through Commission- approved nondisclosure agreements.

The proposed letter expresses support for AB 1761 as a measure intended to improve transparency, regulatory efficiency, and rate forecasting while helping ensure that customers pay their appropriate share of energy costs. Increased access to the underlying data would allow CCAs, including 3CE, to more effectively review PCIA calculations and advocate on behalf of their customers.

Staff is requesting City Council approval of the attached letter of support and authorization to submit the letter to Governor Gavin Newsom requesting his signature on AB 1761.

FISCAL IMPACT: There is no direct fiscal impact associated with approving and submitting the letter of support.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Letter of support

CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

Hollister.ca.gov

September 8, 2026

The Honorable Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814

Re: Requesting Signature on AB 1761 (Rogers)
Via email to: [email protected]

Dear Governor Newsom,

On behalf of The City of Hollister, a member agency of Central Coast Community Energy, I write to support AB 1761 by Assemblymember Chris Rogers (D-Santa Rosa), a measure that supports energy affordability by improving transparency and certainty in how the Power Charge Indifference Adjustment (PCIA), a charge on nearly all energy bills, is calculated.

Electricity bills in California are on the rise, in part due to challenging market conditions and outdated and inefficient regulatory policies. Families and businesses in our community are feeling the impact. Affordability is a key priority for The City of Hollister, and lawmakers and regulators need practical, consumer-focused solutions that ensure customers do not pay more than their fair share.

One tool to ensure customers receive energy bills that are fair and accurate is increased transparency in how PCIA charges are calculated. The PCIA is a fee designed to ensure customers who leave utility generation service, like customers of a Community Choice Aggregator (CCA) or Energy Service Provider (ESP), pay their portion of legacy power costs. But since the PCIA was implemented, there has been no consistent standard for what data must be made available in any California Public Utilities Commission (CPUC) process or proceeding where the PCIA or a related charge is set. Without adequate transparency, CCAs and ESPs are unable to verify the accuracy of the PCIA charges that their customers must pay and cannot confidently forecast rates – both of which are affordability tools needed to protect customers from unexpected rate increases. Additionally, the lack of consistent data creates costly disputes and inefficiencies in CPUC proceedings.

To address these problems, AB 1761 proposes amending the Public Utilities Code to require the CPUC and investor- owned utilities (IOUs) to disclose all data used to calculate PCIA costs, including cost inputs, forecasting assumptions, and methodologies. The bill would also ensure that when parties or the CPUC make proposals in a proceeding to change the PCIA, they provide all the underlying data informing that proposal. Sensitive information would remain protected through Commission-approved nondisclosure agreements, a practice already used to protect sensitive information in other compliance areas.

Greater transparency allows CCAs and ESPs to better advocate for their customers and assess proposals to change the PCIA. It reduces repeated fights over information, improves regulatory efficiency, and encourages utilities to verify calculations since the underlying data would be open to review. It can also inform cost forecasts and shield customers from sudden rate swings, an important issue for the residents and local businesses we serve.

CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

Hollister.ca.gov

For these reasons, The City of Hollister strongly supports AB 1761, an important energy affordability tool which will strengthen confidence that customers pay their fair share – and not more. If you have any questions, please contact City Manager Ana Cortez at [email protected].

Sincerely,

______________________
Roxanne Stephens, Mayor

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Public Works-2026-45

AGENDA ITEM: A RESOLUTION DECLARING CERTAIN IDENTIFIED VEHICLES

AND EQUIPMENT AS SURPLUS AND AUTHORIZING THE DISPOSAL OF SAID

SURPLUS THROUGH AN ALREADY AUTHORIZED MEMORANDUM OF
UNDERSTANDING WITH ONLINE AUCTION COMPANY GOVDEALS INC.

DEPARTMENT: Public Works
DEPARTMENT HEAD: Tony White, Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution declaring the equipment and vehicles listed in Exhibit [A] as surplus, and that such declared surplus be disposed of through online auction by GovDeals Inc.

DISCUSSION: Certain vehicles and equipment have been identified by City departments as having lived past their useful life due to high mileage or high repair and maintenance costs. As such, these must first be designated by Council as surplus prior to being disposed of. Afterward, pursuant to Cal. Gov't. Code §37350, the City may dispose of them in any way for the common benefit.

A Memorandum of Understanding has already been executed with GovDeals Inc. (Resolution No. 2023-60); therefore, no further agreement is required to dispose of the surplus through online auction.

Staff recommends that equipment and vehicles listed Exhibit [A], which have been approved by all relevant City Departments, be designated as surplus, and that such declared surplus be disposed of through online auction by GovDeals Inc.

FISCAL IMPACT: The proceeds from the sale of the surplus vehicles and equipment shall be deposited into the General Fund.

PREVIOUS COUNCIL OR COMMISSION ACTION:
 Resolution No. 2023-60

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Exhibit [A]

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

TO SURPLUS CERTAIN IDENTIFIED VEHICLES AND EQUIPMENT AND

DISPOSE OF SAID SURPLUS THROUGH AN ALREADY AUTHORIZED

MEMORANDUM OF UNDERSTANDING WITH ONLINE AUCTION
COMPANY GOVDEALS INC.

WHEREAS, the City of Hollister (“City”) owns certain vehicles and equipment (“Property”) as listed in Exhibit [A], which has outlived its useful life and is no longer needed by the City, and;

WHEREAS, In order to dispose of the “Property” it must be first be declared as surplus, and;

WHEREAS, per Cal. Gov't. Code §37350, “A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispo se of it for the common benefit”, and;

WHEREAS, the City has already executed a Memorandum of Understanding with GovDeals Inc. (Resolution NO. 2023-60) and so no further agreement is required in order to dispose of the surplus through online auction.

NOW, THEREFORE, BE IT RESOLVED that the City Council declares the “Property” listed in the attached Exhibit [A] as surplus, and, for such surplus to be disposed of through online auction company GovDeals Inc.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

Resolution No. 2026-XX

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC,
Acting City Clerk of the City of Hollister

Facility Vehicle #VIN Year Make Model Plate
2205 29824 1GCEK19R4WE101917 1998 U95 CHEVROLET SILVERADO 996504 2500 2500-67 2FAG071W23X162265 2003 FORD CROWN VICTORIA 1144855 2500 2500-74 2FAHP71V49X116775 2009 FORD CROWN VICTORIA 1250020 2500 2500-78 2FABP7BVXBX122218 2011 FORD CROWN VICTORIA 1362269 2500 2500-79 2FABP7BV1BX122219 2011 FORD CROWN VICTORIA 1362270 2500 2500-80 2FABP7BV8BX122220 2011 FORD CROWN VICTORIA 1362272 2500 2500-81 2FABP7BVXBX122221 2011 FORD CROWN VICTORIA 1362271 2500 2500-85 2FABP7BV7BX122225 2011 FORD CROWN VICTORIA 1362276 2500 91818 1FM5K8AR6JGA46335 2018 FORD EXPLORER 1369396 4200 29811 1GTGC24R7WZ543327 1998 GMC SL2500 1014779 4200 E1948 VT18284-15BP 2019 VRISIMO MOWER LP2180 5005 2500-99 2G1WB5E38E1125420 2014 CHEVROLET IMPALA 7AAM542 5010 20031 1GDGC24R0YR222129 2000 GMC SL2500 UTILITY 1076543 5010 20107 1GDHC24U51E263152 2001 GMC S2500 1057610 5010 5010-25 158143V86181 2000 INGERSOL RAND AIR COMPRESSOR 5010 E1525 T16-22765 2000 TENNANT T16 5015 20315 1FDSX30S23EB85386 2003 FORD F350 SUPERDUTY 1144730 5035 20316 1FDSX30S03EB85385 2003 FORD F350 1144731 8050 20008 1GDGC34RXYR222337 2000 GMC SL3500 1013783 8050 7000-28 W004X035187 2000 JOHN DEERE GATOR 8050 7000-40 1999 BILLYGOAT CHIPPER 8050 7000-42 260000454 2002 TORO MOWER 74265
8050 7000-43 P00390X005229 2002 JOHN DEERE ATTACHMENT 8050 7000-45 2000 John Deere Gator 8050 7000-46 260000454 2007 TORO 74265 N/A Vehicle Listing Export
2026 Surplus
Exhibit [A]

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Parks & Recreation-2026-07

AGENDA ITEM: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A

LICENSE AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR THE USE OF THE HOLLISTER COMMUNITY CENTER AT 300 WEST STREET DURING

A PUBLIC SAFETY SHUTOFF EVENT

DEPARTMENT: Parks & Recreation
DEPARTMENT HEAD: Karen Crocker, Interim Parks and Recreation Director

COUNCIL NEXT STEPS: Adopt a resolution authorizing the Mayor to execute a license agreement with Pacific Gas and Electric Company for the use of the Hollister Community Center at 300 West Street during a Public Safety Shutoff Event .

DISCUSSION: Pacific Gas and Electric Company (PG&E) desires to partner with the City of Hollister for the purpose of establishing and operating a customer resource center at the Hollister Community Center Parking Lot, which will be known as a Public Safety Power Shutoff (PSPS) Event. A PSPS Event occurs when one or more environmental conditions create extreme fire danger that results in a shutoff of power for public safety. Some examples of PSPS Events include red flag warnings issued by the United States National Weather Service, low humidity levels, high winds, and dry vegetation.

The license agreement grants PG&E and its employees, customers, contractors, agents, and representatives the right to use the license area (Exhibit A) with rights of ingress and egress to and from the area in connection with a PSPS event, for the purpose of establishing and operating a staging area to support the command, control, and coordination of any patrol, inspection, and restoration of electric facilities in case of a PSPS Event ("PG&E's Activities). PG&E' s activities may include the following: setting up tents with tables and seating where PG&E customers can obtain water and snacks , charge phones, and receive up-to-date information on outages; installing trailers, portable toilets, portable back-up generators, and fencing; parking mobile vehicle units and other vehicles; and staging equipment, supplies and materials.

The license agreement shall be for a term of five (5) years, expiring September 1, 2031.

The license agreement may be cancelled at the option of either the City of Hollister or PG&E, provided that the revoking party provides at least one hundred eighty (180) days' written notice.

FISCAL IMPACT: PG&E shall pay a fee of $1,000.00 per day for each Use Day.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council approved a five (5) year lease on August 17, 2020.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. License Agreement

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT

WITH PACIFIC GAS AND ELECTRIC COMPANY FOR THE USE OF THE HOLLISTER COMMUNITY CENTER AT 300 WEST STREET DURING A

PUBLIC SAFETY POWER SHUTOFF EVENT

WHEREAS, Pacific Gas and Electric (PG&E) Company desires to partner with the City of Hollister for the purpose of establishing and operating a customer resource center in the case of a Public Safety Power Shutoff Event; and

WHEREAS, the property located at the Hollister Community Center Parking lot, 300 West Street, Assessor's Parcel Number 053-190-018-000 is known as the location of the event; and

WHEREAS, PG&E shall pay a fee of $1,000 per day for each Use Day; and

WHEREAS, the license agreement shall be for a term of five (5) years, expiring September 1, 2031.

NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of Hollister hereby approves the license agreement between Pacific Gas and Electric Company and the City of Hollister for the purpose of establishing and operating a customer resource center in the case of a Public Safety Power Shutoff Event, and the Mayor or his/her designee is authorized to sign the agreement on behalf of the City of Hollister.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Resolution No. 2026-XX

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

02898.999 4818-5744-3734.3 1 of 5
Internal

LICENSE AGREEMENT
(PUBLIC SAFETY POWER SHUTOFF)
This License Agreement ("License Agreement") is made and entered into and effective as of _____________, 2026 (the "Effective Date") by CITY OF HOLLISTER, hereinafter called "LICENSOR," and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called "PG&E." PG&E and LICENSOR are sometimes hereinafter each singularly referred to as “PARTY” and collectively as “PARTIES”.

R E C I T A L S:

A. LICENSOR owns or leases that certain real property commonly known as HOLLISTER COMMUNITY CENTER, located at 300 West Street, Assessor's Parcel Number 053-190-018-000, hereinafter called the "Property," located in the City of Hollister, County of San Benito, State of California.

B. PG&E desires to partner with LICENSOR in connection with a Public Safety Power Shutoff Event ("PSPS Event") as defined in Section 3 below.

C. The PARTIES desire to memorialize this mutual understanding and agreement for making the Property available to PG&E in connection with a PSPS Event.

NOW, THEREFORE, for good and valuable consideration, LICENSOR and PG&E agree as follows:

1. License Area. The real property that is the subject of this License Agreement is described in EXHIBIT A (the "License Area").

2. Grant of License. Subject to the terms and conditions set forth in this License Agreement, LICENSOR grants PG&E, PG&E's Representatives, and PG&E's customers, the right to use the License Area in connection with a PSPS Event, together with rights of ingress and egress to and from the License Area. PG&E shall give LICENSOR at least 8 hours' prior notice of the date and time that PG&E needs to access and use the License Area. If the License Area is not available for access and use by PG&E on the date and time specified in PG&E's notice, LICENSOR must so notify PG&E within 4 hours after receipt of PG&E's notice.

3. Use of License Area. During Use Days (as defined in Section 4 below), PG&E and its employees, contractors, agents, and representatives ("PG&E's Representatives") may enter the License Area for purposes of establishing and operating a customer resource center in the case of a PSPS Event. LICENSOR acknowledges that PG&E's Activities may include the following: setting up tents with tables and seating where PG&E customers can obtain water and snacks, charge phones, and get up-to-date information on outages; installing trailers, portable toilets, portable back-up generators, and temporary fencing; parking mobile vehicle units and other vehicles. For purposes of this License Agreement, a "PSPS Event" means the existence of one or more environmental conditions creating extreme fire danger that results in the shutoff of power for public safety. Examples of PSPS Events include red flag warnings issued by the United States National Weather Service, low humidity levels, high winds, and dry vegetation.

02898.999 4818-5744-3734.3 2 of 5
Internal
(a) Personnel. During Use Days PG&E shall have the exclusive right to use the License Area, up to twenty-four (24) hours per day. Hours for use to PG&E customers shall be from 8:00 am to 10:00 pm. On Use Days, the License Area shall be fully staffed by PG&E and its representatives, at PG&E’s sole cost and expense. PG&E shall provide uniformed unarmed security at its cost and expense to ensure the protection of its equipment, the safety of the public and to prevent any damage to the Property.

4. Term. This License Agreement shall be for a term of five (5) years, commencing on _______________ (the “Commencement Date”), and expiring ____________ (the “Termination Date”). The license granted herein shall be revocable at the option of either LICENSOR or PG&E, provided that the revoking party provides at least one hundred eighty (180) days' written notice of the revocation to the other party. Notwithstanding the term of this License Agreement, PG&E anticipates that it will use the License Area on an occasional basis, if at all, for periods of two (2) to ten (10) days at a time. The days (including any partial days) during which any of PG&E's Activities are occurring in or on the License Area are referred to herein as "Use Days." During Use Days, PG&E shall have the exclusive right to use the License Area twenty-four (24) hours per day.

5. License Fee. PG&E shall pay a license fee of One Thousand Dollars ($1,000.00) per day for each Use Day.

6. Use of License Area.
(a) As Is. To LICENSOR'S current actual knowledge, the Property complies with all laws, including the Americans with Disabilities Act and other accessibility laws. PG&E accepts the License Area "AS-IS," "WHERE-IS" and "WITH ALL-FAULTS," subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the License Area. PG&E may request LICENSOR to perform alterations, repairs, or improvements to the License Area, but PG&E understands and agrees that LICENSOR shall not be obligated to make any such alterations, repairs or improvements at any time.
(b) Restoration. PG&E shall exercise reasonable care in the conduct of PG&E's Activities in the License Area. Upon PG&E's ceasing to use the License Area in connection with a particular PSPS Event, PG&E shall remove all vehicles and personal property of PG&E and PG&E's Representatives, remove all debris and waste material resulting from PG&E's Activities, and repair and restore the License Area as nearly as possible to the condition that existed prior to PG&E's entry hereunder.
(c) Water Discharge. PG&E’s activities may require potable water-filled equipment, such as barrels or water barriers to weigh down tents or other equipment, or to delineate outside areas on the Property. All potable water-filled equipment shall be cleaned prior to use and filled with water from a potable water source only. Any water discharged from the water-filled equipment shall be discharged to onsite unpaved land (i.e., soil) only. PG&E and PG&E’s representatives shall ensure best management practices are implemented including but not limited to ensuring water is observed for any potential sediments, trash or other contaminants; the discharge area selected is 100 feet from a water body; and the discharge is

02898.999 4818-5744-3734.3 3 of 5
Internal
done to avoid ponding and erosion. If the water needs to be discharged to a storm drain, PG&E will obtain local stormwater agency approval. This License Agreement authorizes the discharge of potable water from water-filled equipment on to the Property as described above. PG&E shall notify LICENSOR if water discharge is necessary.
(d) Safe Condition. PG&E, at PG&E's sole cost and expense, shall maintain the License Area in a good, clean, safe and sanitary condition during Use Days. (e) Lawful Use Only. PG&E shall not use the License Area or permit anything to be done in or about the License Area during Use Days that will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirement relating to the use or occupancy of the License Area. During Use Days, PG&E shall not allow the License Area to be used for any unlawful or objectionable purpose, nor shall PG&E cause, maintain or permit any nuisance in, on or about the License Area. (f) Mechanic's Liens. PG&E shall keep the Property free and clear of all mechanic's liens arising, or alleged to arise, in connection with any work performed, labor or materials supplied or delivered, or similar activities performed by PG&E or at PG&E's request or for PG&E's benefit. If any mechanic's liens are placed on the Property in connection with PG&E's use or PG&E's Activities, PG&E shall diligently pursue all necessary actions to remove such liens from title, either by payment or by recording a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute.

7. Notices. All notices under this License Agreement shall be sent by email to the addresses set forth in EXHIBIT B. In addition, LICENSOR will provide PG&E with telephone or cellphone numbers of staff in calling order to contact in an emergency as set forth in EXHIBIT B. EXHIBIT B shall be updated as needed to reflect current names and contact information.

8. Indemnity. PG&E shall indemnify, defend and hold harmless LICENSOR and its governing body, officers, agents, and employees from and against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited to, reasonable attorneys' fees and court costs) (collectively, "Claims") which arise from or are connected with PG&E's Activities, or the entry on, occupancy or use of, the Property by PG&E or PG&E 's Representatives under this License Agreement, including, but not limited to, Claims arising out of (i) injury to or death of persons, including, but not limited to, employees of LICENSOR or PG&E; (ii) injury to property or other interest of LICENSOR and (iii) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances by PG&E or PG&E's Representatives. The indemnification obligations of PG&E under this Section 8 shall survive the expiration or earlier termination of this License Agreement.

9. Insurance. PG&E shall at all times during the Term of this License Agreement self-insure for PG&E’s activities pursuant to this License Agreement in accordance with EXHIBIT C.

02898.999 4818-5744-3734.3 4 of 5
Internal

10. Miscellaneous.
(a) Governing Law. This License Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (b) Attorneys' Fees. Should either party bring an action against the other party, by reason of or alleging the failure of the other party with respect to any or all of its obligations hereunder, whether for declaratory or other relief, and including any appeal thereof, then the party which prevails in such action shall be entitled to its reasonable attorneys ' fees and expenses related to such action, in addition to all other recovery or relief. (c) No Waiver. Any waiver with respect to any provision of this License Agreement shall not be effective unless in writing and signed by the party against whom it is asserted. The waiver of any provision of this License Agreement by a party shall not be construed as a waiver of a subsequent breach or failure of the same term or condition or as a waiver of any other provision of this License Agreement. (d) Counterparts. This License Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.
(e) Authority. Each party to this License Agreement warrants to the other that it has the right and authority to enter into and to perform its obligations under this License Agreement, without the consent of any third party, and that the person signing below is authorized to bind such party.
(f) Exhibits. Exhibits A, B, and C attached to this License Agreement are a part hereof and incorporated herein by this reference.
(g) Electronic Signatures. This License Agreement may be executed by electronic signatures (e.g., using DocuSign or e-SignLive) or signatures transmitted in portable document format ("pdf"), and copies of this License Agreement executed and delivered by means of electronic or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original manually executed signatures. The parties may rely upon electronic and pdf signatures as if such signatures were manually executed originals and agree that an electronic or pdf signature page may be introduced into evidence in any proceeding arising out of or related to this License Agreement as if it were an original manually executed signature page.
(h) Successors and Assigns. This License Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of each party.
(i) Entire Agreement. This License Agreement supersedes all previous oral and written agreements between and representations by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This License Agreement may not be amended, except by a written agreement executed by both parties.

02898.999 4818-5744-3734.3 5 of 5
Internal
IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date set forth below each signature, effective upon the Effective Date first written above. "PG&E"

PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation
By:

Name: Donald Kennedy
Its: Sr. Manager, Land Acquisition
Date:
"LICENSOR"

CITY OF HOLLISTER
By:

Name:

Its:

Date:

02898.999 4818-5744-3734.3 Exhibit A
Internal

EXHIBIT A

02898.999 4818-5744-3734.3 Exhibit B
Internal

EXHIBIT B

NOTICES
TO LICENSOR:

Any notice to Licensor, including the notice to be given pursuant to Section 7 of the License Agreement, shall be sent to _________________________ at the following:

Email address: ___________________ Phone Number: ______________________ In addition, in the event of an emergency, PG&E shall contact the following persons in the order set forth below:
________________________ Phone: __________________________ ________________________ Phone: __________________________ Weekends and After Hours: ________________________
TO PG&E:

Any notice to PG&E, including the notice pursuant to Section 7 of the License Agreement shall be sent to ________________ at the following email address:
______________________, cc’ing [email protected].

PG&E contacts for use during emergency use and post emergency for claims and reimbursements:

CRC Help Line: 916-760-5369
Jessica Melton, Land Consultant, PG&E
(925) 655-7085 – cell
[email protected] – email

Alex Grant, Program Manager, PG&E
(707) 331-2466 – cell
[email protected] – email

02898.999 4818-5744-3734.3 Exhibit C
Internal

EXHIBIT C

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # City Attorney-2026-04

AGENDA ITEM: APPROVE A LEGAL SERVICE AGREEMENT (CONTINGENCY FEE

RETAINER) LLC D/B/A NAPOLI SHKOLNIK PLLC AND VENTURA & RIBEIRO,

PLLC D/B/A VENTURA LAW TO INVESTIGATE AND PROSECUTE ANTITRUST

CLAIMS RELATED TO FIRE TRUCK PROCUREMENT

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

RECOMMENDED ACTION: Approve a legal service agreement (contingency fee retainer) with NSPR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura & Ribeiro, PLLC d/b/a Ventura Law (together, “Law Firm”) to investigate and, if warranted, prosecute claims against fire truck manufactu rers, trade associations, and their executives arising from alleged price-fixing and other anticompetitive conduct affecting the City’s purchase of fire apparatus.

DISCUSSION: Like many public agencies, the City of Hollister (“City”) purchases fire trucks and related apparatus for its Fire Department. Recent litigation and regulatory investigations have alleged that certain fire truck manufacturers, industry trade associations, and their executives coordinated to fix prices, manipulate supply, extend delivery times, exchange competitively sensitive information, and impose unlawful price increases on fire truck purchasers, including public agencies. Municipalities that purchased fire apparatus during the relevant period may have been overcharged as a result of this alleged anticompetitive conduct.

To evaluate and, if appropriate, pursue the City’s potential claims, staff recommends that the City retain NSPR Law Services LLC d/b/a Napoli Shkolnik PLLC (“Napoli Shkolnik”) and Ventura & Ribeiro, PLLC d/b/a Ventura Law (“Ventura Law”) as co - counsel pursuant to the attached Legal Service Agreement. The firms have experience representing public entities in antitrust and other complex litigation matters and have proposed to handle the investigation and prosecution of the City’s claims on a contingency fee basis, at no upfront cost to the City.

The key provisions of the proposed Agreement include the following:

• Scope: Law Firm is retained to investigate and prosecute legal claims against fire truck manufacturers, trade associations and their executives, and any other entities that collaborated with them, relating to alleged price -fixing, supply manipulation, delivery delays, information exchange, unlawful price increases, and other anticompetitive or collusive conduct in the fire truck sales and production market.

• Fee: Law Firm’s fee is contingent on recovery. If fees are recovered, Law Firm is entitled to 33.33% (one-third) of all gross fees recovered, with expenses and costs deducted before the contingent fee is calculated, and any liens or

subrogation deducted afterward. If the matter is certified as a class action, Law Firm may separately seek court-awarded common benefit fees, which the City assigns to Law Firm as its fee.

• No Recovery, No Fee: If there is no recovery, the City is not obligated to pay Law Firm a legal fee for services rendered.

• Costs and Financing: Disbursements (filing fees, expert fees, deposition costs, document management charges, etc.) are deducted from the City’s share at settlement. If Law Firm borrows funds to finance the litigation, the City is not responsible for the financing costs, and interest charged may not exceed the rate the lending institution charges Law Firm.

• Co-Counsel Fee Split: Napoli Shkolnik and Ventura Law will assume joint responsibility for the representation and will split any fee 50% to Napoli Shkolnik as lead litigation co-counsel and 50% to Ventura Law as intake, retention, and liaison co-counsel, at no additional cost to the City.

• Class Action Authorization: The City authorizes Law Firm to pursue the matter as a class action and consents to potentially serving as a class representative.

• Settlement Authority: Law Firm is granted authority to prepare, sign, and file legal instruments and to act as the City’s negotiator, but the Agreement expressly provides that all decisions regarding resolution of the litigation, including settlement, remain solely with the City.

• Right of First Refusal: Law Firm has a right of first refusal on any related cost- recovery matter the City may pursue, with 15 business days to elect to represent the City on terms no less favorable than those offered by alternative counsel.

• Termination: The City may terminate the Agreement; Law Firm would retain the right to seek fees on a quantum meruit basis for sums later recovered.

• Choice of Law and Venue: The Agreement is governed by Florida law. Disputes are subject to binding arbitration under the Federal Arbitration Act and the American Arbitration Association’s Commercial Arbitration Rules, with arbitration and any related judicial proceedings to take place in San Benito County, California.

Staff and the City Attorney’s Office have reviewed the proposed Agreement and recommend that the City Council authorize its execution so that the investigation of the City’s potential claims may proceed. Because the arrangement is contingency-based, the City bears no financial risk unless a recovery is obtained.

FISCAL IMPACT: There is no upfront cost to the City to enter into the Agreement. Law Firm’s compensation is contingent on recovery: if no recovery is obtained, the City owes no legal fee. If a recovery is obtained, Law Firm will receive 33.33% of gross fees recovered (or a court-awarded common benefit fee if the matter is certified as a class

action), with litigation costs and expenses deducted from the City’s share at the time of settlement or distribution of proceeds. The City is not responsible for any interest or financing costs Law Firm incurs in advancing case expenses.

CEQA: N/A

ATTACHMENTS:

Draft Legal Service Agreement (Napoli Shkolnik / Ventura Law)

1 LEGAL SERVICE AGREEMENT

E-Mail or Fax to: NSPR Law Services d/b/a Napoli Shkolnik [email protected]

WHEREAS, the undersigned, the City of Hollister, California (“Client”), agrees to retain the law office of NSPR Law Services LLC d/b/a Napoli Shkolnik PLLC and Ventura & Ribeiro, PLLC d/b/a Ventura Law (together, “Law Firm”) (collectively, the “Parties”) as client’s attorneys in the investigation and prosecution of legal claims against fire truck manufacturers, trade associations and their executives, and/or any other entities that collaborated with them, based upon their coordination to fix prices, manipulate supply and extend delivery times, exchange sensitive information, impose unlawful price increases, and engage in other anticompetitive or collusive conduct relating to fire truck sales and production.

1. FEE PERCENTAGE: As consideration for legal services rendered and to be rendered by the Attorneys in carrying out the purpose hereof, Client agrees to pay Law Firm 33.33% (thirty-three and one third percent) of all gross fees recovered. Further, if the action is certified as a class action, Law Firm shall request an award of common benefit fees and compensation to be award within the discretion of the court irrespective of the stated retainer amount. Client assigns that fee award to Law Firm and Law Firm accepts and acquired that fee award as its fee.

All expenses and costs will be deducted before the contingent fee is calculated. Any liens and subrogation are to be deducted after the contingent fee is calculated.

2. DISBURSEMENTS: In the event there is no recovery, the Client shall not be obligated to pay the Law Firm a legal fee for services rendered. Disbursements may include some of the following expenses: court filing fees, sheriff fees, medical and hospital report/ record fees, doctor's report, court stenographer fees, deposition costs, expert fees for expert depositions and court appearances, trial exhibits, computer on-line search fees, express mail, postage, photocopy charges, document management charges, long distance telephone charges among other charges.

Document management charges are the fees charged by the law firm for processing documents during litigation, such as medical records, documents produced by defendant(s) and/or other parties, etc. Processing of the documents may include but is not limited to the following: (1) scanning; (2) conversion of native files to PDF documents; (3) OCR (optical code recognition); and/or (4) indexing. At the time of settlement and distribution of proceeds, these expenses shall be deducted from the Client's share after computation of the Attorney's Fee.

3. FINANCING OF CASE: If the firm borrows money from any lending institution to finance the cost of the client’s case, the amounts advanced by this firm to pay the cost of prosecuting or defending a claim or action or otherwise protecting or promoting the client’s interest will bear interest at the highest lawful rate allowed by applicable law. In no event will

THIS CONTRACT IS SUBJECT TO ARBITRATION

UNDER THE FEDERAL ARBITRATION ACT

2 the interest be greater than the amount paid by the firm to the leading institution. Client is not responsible for Law Firm’s financing costs.

4. TAX ADVICE: Client understand that law Firm will not provide any advice regarding the tax consequences of accepting money from a settlement or award. CLIENT SHOULD

CONTACT A TAX PROFESSIONAL REGARDING ANY TAX CONCERNS REGARDING ANY SETTLEMENT PRIOR TO THE SETTLEMENT.

5. TERMINATION: Law Firm expressly reserves the right to withdraw its representation at any time upon reasonable notification to the Client, subject to applicable ethical rules, if any.

Should Client terminate the retention of Law Firm, Law Firm shall continue to be entitled to its legal fees on a quantum meruit basis for any and all sums recovered as a result of the claims.

6. APPEALS: The above contingency fee does not contemplate any appeal. The Law Firm are under no duty to perfect or prosecute such appeal until a satisfactory fee arrangement is made in writing regarding costs and counsel fees.

7. COUNTERCLAIMS: The above contingency fee does not contemplate Law Firm’s representation of Client against any claims made by a person against the Clients. Law Firm is under no duty to defend or prosecute any such claim or counterclaim until a satisfactory fee arrangement is made between the Parties and is reduced to writing regarding costs and attorneys’ fees.

8. STATUTE OF LIMITATIONS: Client understands that the Statute of Limitations period for the case must be investigated, and that this Agreement is made subject to that investigation as well as an investigation of the entire case. Client understands that statutes of limitation may have run on the case and agrees to hold the Law Firm harmless in the event the applicable statutes of limitation have run for any reason.

9. NO GUARANTEE OF FINAL OUTCOME: No attorney can accurately predict the outcome of any legal matter. Accordingly, the Law Firm makes no express or implied representations as to the final outcome of the matter(s) contemplated by this Agreement. Client further understands that Client must immediately report any changes in Client’s address or telephone number to the Law Firm.

10. APPROVAL NECESSARY FOR SETTLEMENT: Client hereby grants Law Firm power of attorney so that the Law Firm may have full authority to prepare, sign and file all legal instruments, pleadings, drafts, authorizations, and papers as shall be reasonably necessary to conclude the representation including settlement and/or reducing to possession any and all monies or other things of value due to Client under its claim as fully as the Client could do so.

Law Firm is also authorized and empowered to act as Client’s sole negotiator in any and all negotiations concerning the subject of this Agreement. To be clear, all decisions regarding signal resolution of the litigation, including settlement, are within the sole power of Client. The decision regarding settlement shall always be held and remain with Client.

3 11. ASSOCIATION OF OTHER ATTORNEYS: Law Firm may, at its own expense, use or associate with other attorneys in the representation of the Client. Client understands that Law Firm is a Professional Limited Liability Company with a number of attorneys. Several of those attorneys may work on Client’s case. The Client acknowledges and agrees that the Law Firms of Napoli Shkolnik and Ventura Law shall assume joint responsibility for the client and shall split their fees as follows: 50% to Napoli Shkolnik as lead litigation co-counsel and 50% to Ventura Law as intake, retention and liaison co-counsel.

12. ASSOCIATE CPU: Another attorney may participate in the division of attorney’s fees in this case and assume joint responsibility for the representation of Client, either in the event that Law Firm retains associate counsel or in the event that Client later chooses new counsel, provided that the total amount of attorney’s fees to be paid by Client does not increase as a result of the division of fees and that attorneys involved have agreed to the division of fees and assumption of joint responsibility.

13. CLASS ACTION: Client understands that Attorneys may pursue a class action on behalf of client and all other similarly situated and client specifically authorizes to do so. Client understands that client may serve as a class representative and may be asked to act in a representative capacity for those who are similarly situated. Client knows of no conflict that would cause Client to be inadequate representative and agrees to vigorously defend the interests of the class if called upon to do so.

14. RIGHT OF FIRST REFUSAL FOR COST RECOVERY MATTERS: Client grants the Law Firm a right of first refusal with respect to any legal matter Client may pursue to recover costs, fees, or expenses incurred by Client. Prior to retaining any other legal counsel for such cost recovery action, Client shall provide Law Firm with written notice of the contemplated matter and the proposed terms of engagement with alternative counsel. Law Firm shall have fifteen (15) business days from receipt of such notice to elect to represent Client in the cost recovery matter on terms no less favorable to Client than those proposed by alternative counsel. If the Law Firm declines or fails to respond within such period, Client shall be free to retain other counsel for the cost recovery matter.

15. FLORIDA CHOICE OF LAW: This Agreement shall be construed under and in accordance with the laws of the State of Florida and the rights, duties, and obligations of Client and of Law Firm’s representation of Client and the laws of the State of Florida shall govern regarding anything covered by this Agreement.

16. ARBITRATION: Any and all disputes, controversies, claims or demands arising out of or relating to (1) this Agreement or (2) any provision hereof or (3) the providing of services by the Law Firm to Client or (4) the relationship between the Law Firm and Client, whether in contract, tort or otherwise, at law or in equity, for damages or any other relief, shall be resolved by binding arbitration pursuant to the Federal Arbitration Act in accordance with the Commercial Arbitration Rules then in effect with the American Arbitration Association. Any such arbitration proceeding shall be conducted in San Benito County, California. This arbitration provision shall be enforceable in either federal or State Court in San Benito County, California pursuant to the substantive federal laws established by the Federal Arbitration Act. Any party to any award

4 rendered in such arbitration proceeding may seek a judgment upon the award and that judgment may be entered by any appropriate Court in San Benito County, California.

17. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representative, successors, and assigns. Client or the Law Firm can execute this document electronically, by indicating "I agree" (or similar language) via electronic mail after receiving the Agreement via electronic mail. By indicating "I agree" (or similar language).

Client will be bound by the terms of the Agreement and is executing the document electronically via Client's electronic signature, indicated as "/s/" in the signature field and elects the Law Firm advance disbursements.

18. LEGAL CONSTRUCTION: In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

19. PRIOR AGREEMENTS SUPERSEDED: This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter.

[remainder of page intentionally left blank]

5 We certify and acknowledge that we have had the opportunity to read this Agreement and have answered any questions pertaining thereto. We further state that we have voluntarily entered into this Agreement fully aware of the terms and conditions.

SIGNED AND ACCEPTED ON THIS _______day of _________, 2026

THIS CONTRACT IS SUBJECT TO ARBITRATION

UNDER THE FEDERAL ARBITRATION ACT
The City of Hollister, California

NSPR Law Services LLC d/b/a Napoli
Shkolnik

By: By:

Address:

Ventura & Ribeiro, PLLC d/b/a Ventura
Law

By: Augie J. Ribeiro, CEO

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Public Works-2026-39

AGENDA ITEM: A RESOLUTION APPROVING THE ANNEXATION OF THE MIGUEL MINOR SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 66 (PUBLIC FACILITIES SERVICES)

DEPARTMENT: Public Works
DEPARTMENT HEAD: Tony White, Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution approving the annexation of the Miguel Minor Subdivision into CFD#4.

DISCUSSION: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined and creative solution to providing public improvement maintenance services for development projects. The Miguel Minor Subdivision will be included in Community Facility District No. 4 under this streamlined process. This is the 66th project to be annexed to CFD No. 4 since its creation in 2014.

On April 1, 2026, the Miguel Minor Subdivision was approved by the planning division with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 4. The developer/owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the project. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2026-27 for all parcels of Developed Property in Tax Zone 8 shall be $141.81 per single family dwelling unit and $89.14 per multifamily dwelling. On July 1, 2027, and each July 1 thereafter, the maximum special tax for Developed Property shall be increased by the amount equal to

the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution Miguel Minor Subdivision CFD 4

2. Miguel Minor Subdivision CFD 4 Documents

RESOLUTION NO. 20__-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE MIGUEL MINOR

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 66
(PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, the City has received a consent and waiver from Vince Miguel, which constitutes a portion of the future annexation area, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexation of t he Miguel Minor Subdivision into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Miguel Minor Subdivision” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Miguel Minor Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of t his Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 20__-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non -exempt real property in the proposed Miguel Minor Subdivision boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the Miguel Minor Subdivision will not result in any change to the special tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Miguel Minor Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the Miguel Minor Subdivision for the annexation of Territory into Community Facilities District No. 4, Annexation No. 66 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 20__-XX is an original resolution, or true and correct copy of

Resolution No. 20__-XX

a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on ______, 20__ 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 ______, 20__.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

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

CITY OF HOLLISTER
Community Facilities District No. 4
(Public Facilities Services)

Tax Zone No. 8
September 8, 2026

To the Honorable City Council,
City of Hollister
375 Fifth Street
Hollister, CA 95023

Members of the City Council:

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

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

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

Exhibit E includes the area to be annexed. The CFD was formed to finance the municipal services (the "Services") described in Exhibit A hereto and made a part hereof.

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

4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XlllA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.

5. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of San Benito, State of California on June 22, 2015 at the hour of 10:40 am as Document No. 2015- 0005911. The Property Owner hereby authorizes and directs the City Clerk to execute and

cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

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

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

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

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

Assessor's Parcel No: 054-270-001
Property Address: 151/155/165/171 Santa Ana Road, Hollister CA Acres: 0.44

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

Total Acres: 0.44
Total Votes: 1.00
No. of Votes Yes 1.00
No. of Votes No _____

By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. _66_

Owner / Entity: Vince Miguel / Santa ana Group LLC

By: ___________________________________

Name: Vince Miguel
Title: Member

Notice Address: 300 Ladd Lane
Hollister, CA, 95023

(attach acknowledgment by notary)

EXHIBIT A

CITY OF HOLLISTER
Community Facilities District No. 4

LIST OF AUTHORIZED SERVICES

The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:

1. Maintenance, Repair and Replacement of Landscape, Lighting and Hardscapes a. Turf and Plant: Sufficient water, fertilizer and other nutrients shall be provided and sufficient insect and disease control shall be applied to turf and other plants to maintain them in a healthy and thriving condition. Turf shall be mowed and trimmed back from edges of hardscape. Plants shall be shaped as necessary and plant foliage, which has exceeded the landscape boundaries, shall be trimmed back.
b. Trees and Shrubs: Pruned and trimmed as necessary in such a manner as to prevent interference with sight clearance for pedestrian bicycle and vehicle traffic on adjacent roadways walkways and rights of way.
c. Parks and Open Space.
d. All weeds, trash and debris shall be removed regularly from the landscaped area. e. The scheduled inspection and maintenance of walkways, sidewalks, bicycled paths, sound walls, retaining walls, roadways, lighting (streets and other) and landscaped areas within the public right of way.
f. Replacement of dead plants and trees.
g. Replacement of ground cover as needed.
h. Repair and replacement of walkways, sidewalks, bicycle paths, sound walls, retaining walls, roadways, lighting and other landscaped areas within the public right of way.

2. Flood and Storm Protection
a. Maintenance of the storm drain system and retention/detention basins, including items such as landscaping, fencing, piping, filters.
b. Operation and maintenance of the outfall structure and the pump lift stations for the detention basins.
c. Reserve for replacement of structures and pumps.

3. Irrigation System
a. The irrigation system serving the landscaping shall be maintained, repaired and replaced as needed and all legally required permits with respect to such work shall be obtained.

4. Water and Electricity
a. Payment of utility costs associated with maintenance of authorized landscape services, including expenses for water and electricity used to irrigate and light the landscaping.

5. Collecting and administering the special tax and annual administering the District.

6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration.

REPRESENTATIVE LISTING OF INCIDENTAL EXPENSES

It is anticipated that the following incidental expenses may be incurred in the maintenance of the authorized facilities and services from the proceeds of the Special Tax:

• Special tax consultant services
• City, Participating District staff review, oversight, and administrative services • Financial advisor services
• Special tax administrator services
• Publishing, mailing, and posting of notices
• Recording fees

The expenses of certain recurring services pertaining to the Community Facilities District may be included in each annual special tax levy, and these expenses are described in the definition of the term “Administrative Expenses” as set forth in the Rate and Method of Apportionment of Special Tax.

The foregoing enumeration shall not be regarded as exclusive and shall be deemed to include any other incidental expenses of a like nature which may be incurred from time to time with respect to the Community Facilities District.

EXHIBIT B

CITY OF HOLLISTER
Community Facilities District No. 4

DESCRIPTION OF SERVICES TO BE FINANCED AND COST ESTIMATE

The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:

1. Maintenance, Repair and Replacement of Landscape, Lighting and Hardscapes a. Turf and Plant: Sufficient water, fertilizer and other nutrients shall be provided and sufficient insect and disease control shall be applied to turf and other plants to maintain them in a healthy and thriving condition. Turf shall be mowed and trimmed back from edges of hardscape. Plants shall be shaped as necessary and plant foliage, which has exceeded the landscape boundaries, shall be trimmed back.
b. Trees and Shrubs: Pruned and trimmed as necessary in such a manner as to prevent interference with sight clearance for pedestrian bicycle and vehicle traffic on adjacent roadways walkways and rights of way.
c. Parks and Open Space.
d. All weeds, trash and debris shall be removed regularly from the landscaped area. e. The scheduled inspection and maintenance of walkways, sidewalks, bicycled paths, sound walls, retaining walls, roadways, lighting (streets and other) and landscaped areas within the public right of way.
f. Replacement of dead plants and trees.
g. Replacement of ground cover as needed.
h. Repair and replacement of walkways, sidewalks, bicycle paths, sound walls, retaining walls, roadways, lighting and other landscaped areas within the public right of way.

2. Flood and Storm Protection
a. Maintenance of the storm drain system and retention/detention basins, including items such as landscaping, fencing, piping, filters.
b. Operation and maintenance of the outfall structure and the pump lift stations for the detention basins.
c. Reserve for replacement of structures and pumps.

3. Irrigation System
a. The irrigation system serving the landscaping shall be maintained, repaired and replaced as needed and all legally required permits with respect to such work shall be obtained.

4. Water and Electricity
a. Payment of utility costs associated with maintenance of authorized landscape services, including expenses for water and electricity used to irrigate and light the landscaping.

5. Collecting and administering the special tax and annual administering the District.

6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration.

REPRESENTATIVE LISTING OF INCIDENTAL EXPENSES

Pursuant to Resolution No. 2014-143, it is anticipated that the following incidental expenses may be incurred in the maintenance of the authorized facilities and services from the proceeds of the Special Tax:

• Special tax consultant services
• City, Participating District staff review, oversight, and administrative services • Financial advisor services
• Special tax administrator services
• Publishing, mailing, and posting of notices
• Recording fees

The expenses of certain recurring services pertaining to the Community Facilities District may be included in each annual special tax levy, and these expenses are described in the definition of the term “Administrative Expenses” as set forth in the Rate and Method of Apportionment of Special Tax.

The foregoing enumeration shall not be regarded as exclusive and shall be deemed to include any other incidental expenses of a like nature which may be incurred from time to time with respect to the Community Facilities District.

Cost Estimate (Fiscal Year 2026-27):

Cost Item Annual Costs
Annual Maintenance Costs: $498.00
Contingency (3%) $30
Annual Administrative Costs: $40
Total Annual Costs $568.00
Number of Units
Cost per Unit
4 $142

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EXHIBIT C

CITY OF HOLLISTER
COMMUNITY FACILITIES DISTRICT No. 4

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

Special Taxes applicable to each Assessor’s Parcel in the City of Hollister Community Facilities District No. 4 (“CFD”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property as described below. All of the property in CFD No. 4, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided, including property subsequently annexed to the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:

“Accessory Unit” means a second residential unit of limited size e.g. granny cottage second unit that shares a Parcel with a single-family detached unit.

“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map.

“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, set forth in Chapter 2.5 of division 2 of title 5 of the California Government Code.

“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the formation and administration of CFD No. 4 including but not limited to the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City or CFD or any designee thereof of complying with CFD or obligated persons disclosure requirements associated with the Act, the costs associated with preparing Special Tax disclosure statements; the costs associated with responding to public inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD including attorney’s fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.

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“Administrator” means an official of the City, firm designated by the City, or any designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.

“Affordable Housing” means housing as defined in Section 16.64.025 of the City municipal code (or as amended).

“Assessor” means the County assessor.

“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the Assessor for purposes of identifying a property.

“Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the Council when the CFD was formed.

“Building Permit” means a single permit or set of permits required to construct an entire residential or non-residential structure.

“CFD” or “CFD No. 4” means the City of Hollister Community Facilities District No. 4.

“CFD Formation” means the date on which the Resolution of Formation to form CFD No. 4 was adopted by the City Council.

“City” means the City of Hollister.

“Consumer Price Index” means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for “All Items” in the San Francisco / Oakland / San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. If this index ceases to be published, the Consumer Price Index will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price Index for the San Francisco Bay Area.

“Council” means the City Council of the City acting as the legislative body of CFD No. 4.

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“County” means the County of San Benito.

“County Recorder” means the County of San Benito's Office of the Recorder.

“Developed Property” means in any Fiscal Year all Parcels of Taxable Property for which Building Permits have been issued on or prior to June 1 of the preceding Fiscal Year.

“Final Subdivision Map” or “Final Map” means a recorded subdivision map or recorded parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.).

“Fiscal Year” means the period starting on July 1 and ending on the following June 30.

“Homeowners Association Property” or “HOA Property” means a property within the boundaries of the CFD that is owned by, or irrevocable dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association.

“Land Use Categories” means Single-Family Detached Property, Multi-Family Property, and Non-Residential Property.

“Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C. that can be levied in any Fiscal Year.

“Multi-Family Property” means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Residential Units that share a common wall.

“Non-Residential Property” means in any Fiscal Year, all Parcels of Developed Property which are not Single-Family Detached Property or Multi-Family Property. Notwithstanding the foregoing, if a Building Permit is issued for a structure that will include both Residential Units and non-residential uses, the Administrator shall delineate the Land Use Categories on the Parcel in order to calculate Special Taxes pursuant to Section C. below.

“Proportionately” means for Developed Property that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property Proportionately means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property.

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“Public Property” means for each Fiscal Year (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act, (as such section may be amended or replaced), shall be taxed and classified in accordance with its use or (ii) any property within the boundaries of the CFD that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.

“Residential Property” or “Residential Unit” means (i) Single-Family Detached Property and (ii) Multi-Family Property. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a Residential Unit for purposes of this RMA.

“RMA” means this Rate and Method of Apportionment of Special Tax.

“Single-Family Detached Property” means in any Fiscal Year, all Parcels of Developed Property for which a Building Permit(s) was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit.

“Special Tax” means any tax levied within the CFD to pay the Special Tax Requirement.

“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following (i) Authorized Services, (ii) Administrative Expenses and (iii) if the Special Tax is not collected and apportioned under the Teeter Plan, amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or based on delinquency rates in prior years which may be expected to occur in the Fiscal Year in which the Special Tax will be collected, (iv) less a credit for the amount of the prior’s years tax delinquencies plus penalties and interest collected and apportioned to the City for the Special Tax.

“Taxable Property” means all Assessor’s Parcels within the boundaries of CFD No. 4 that are not exempt from the Special Tax pursuant to law or Section E. below.

“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within CFD No. 4 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFD and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by

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Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owners of the Parcels at the time of annexation.

“Teeter Plan” means the alternative procedure for the distribution of property tax levies on the secured roll made by the County pursuant to Revenue and Taxation Code Sections 4701-4717.

“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner’s approval and unanimous vote in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.

“Undeveloped Property” means in any Fiscal Year all Parcels of Taxable Property in CFD No. 4 that are not Developed Property.

B. ADMINISTRATION OF ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within the CFD. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (ii) which Tax Zone each Assessor’s Parcel is located in, and (iii) the Special Tax Requirement for the then-current Fiscal Year. In any Fiscal Year if it is determined that: (i) a Final Map or parcel map for a portion of property in CFD No. 4 was recorded after the last date upon which the Assessor will incorporate the newly-created parcels into the then current tax roll, (ii) because of the date the Final Map or parcel map was recorded the Assessor does not yet recognize the new parcels created by the Final Map or parcel map, and (iii) one or more of the newly-created parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel then applying the sum of the individual Special Taxes to the parcel that was subdivided by recordation of the Final Map or parcel map.

C. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Developed Property within Tax Zone 1 shall be:

Residential Property $205 per Unit
Non-Residential Property $1,430 per Acre

2. Undeveloped Property
The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Undeveloped Property within Tax Zone 1 shall be: $1,430 per Acre

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3. Escalation of Maximum Special Tax
On July 1, 2015 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Consumer Price Index. The maximum increase in any Fiscal Year may not exceed 4.0%.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy the Special Tax on all Parcels of Taxable Property as follows:

Step 1: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

Step 2: If additional revenue is needed after Step 1, the Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied when combined with the amount levied pursuant to Step 1 is equal to the Special Tax Requirement.

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

E. EXEMPTIONS
Notwithstanding any other provision of this RMA no Special Tax shall be levied on Parcels of Public Property except as otherwise provided in the Act.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by resolution or ordinance of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

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

EXHIBIT D

CITY OF HOLLISTER
Community Facilities District No. 4

SUPPLEMENT NO. _66_
(TAX ZONE 8)
TO

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

This Supplement No. 66 (Tax Zone 8) to the Rate and Method of Apportionment of Special Tax (this “Supplement”) supplements the Rate and Method of Apportionment of Special Tax (the “Existing Rate and Method”) for the “City of Hollister Community Facilities District No. 4”) (the “CFD”) as it applies to the property designated as Tax Zone No. 8 (the “Tax Zone”) that is being annexed to the CFD for the purpose of financing the maintenance of public improvements as adopted in Resolution No. 2014-143 by the Council of the City of Hollister, which approved a Resolution of Formation to establish the City of Hollister Community Facilities District No. 4.

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

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

C. MAXIMUM SPECIAL TAXES

1. Developed Property
The Maximum Special Tax for Fiscal Year 2026-27 for all Parcels of Developed Property within Tax Zone 8 shall be:

Residential Property
Multi-Family Property $89.14 per Unit
Single-Family Property $141.81 per Unit

Non-Residential Property $0 per Acre

2. Undeveloped Property
The Maximum Special Tax for Fiscal Year 26-27 for all Parcels of Undeveloped Property within Tax Zone 8 shall be: $0 per Acre

3. Escalation of Maximum Special Tax
On July 1, 2027 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Consumer Price Index. The maximum increase in any Fiscal Year may not exceed 4.0%.

EXHIBIT E. Proposed Boundary of the Miguel Minor Subdivision BOUNDARIES OF COMMUNITY FACILITY DISTRICT NO. 4

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER ENGINEERING DIVISION, AUGUST 2026 ANNEXATION NO.SUBDIVISION/PROJECT TRACT NO.
66 MIGUEL MINOR SUBDIVISION

CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.4 CITY OF HOLLISTER,

COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2026 BY ITS RESOLUTION NO .

JENNIFER WOODWORTH, MMC, CPMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.

JAVIER HERNANDEZ, P.E.

PUBLIC WORKS DIRECTOR

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2026 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.

COUNTY RECORDER, COUNTY OF SAN BENITO

EXHIBIT E1 MIGUEL MINOR SUBDIVISION

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Public Works-2026-40

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

HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE MIGUEL MINOR

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT # 5 ANNEXATION NO. 29 (POLICE AND FIRE SERVICES)

DEPARTMENT: Public Works
DEPARTMENT HEAD: Cassandra Orozco, Interim Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution approving the annexation of the Miguel Minor Subdivision into CFD#5.

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

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

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

The Miguel Minor Subdivision will be included in Community Facility District No. 5 under this streamlined process. This is the 29th project to be annexed to CFD No. 5 since its creation in 2018.

The Miguel Minor Subdivision was approved by the planning division with a condition of approval that the developer consents to the annexation of the subdivision into the City’s Community Facility District No. 5. The developer / owners have each executed a “Unanimous Approval” agreeing to this action.

FISCAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 5, and the special taxes collected by CFD No. 5 will pay for Police and Fire Services for the subdivision. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2026-27 for all parcels of developed property which may be levied is $1,014.66 per single family unit and $831.38 per multifamily unit.

On July 1, 2027, and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. Resolution Miguel Minor Subdivision CFD 5

2. Miguel Minor Subdivision CFD 5 Documents

RESOLUTION NO. 20__-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE PROPOSED BOUNDARY OF THE MIGUEL MINOR

SUBDIVISION FOR THE ANNEXATION OF TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 29
(POLICE AND FIRE SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 5 (Police and Fire Services) (the “District”) pursuant to the California Government Code (th e “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (“the Future Annexation Area”) to the district pursuant to the terms and provisions of the Act ; and

WHEREAS, The City has received a consent and waiver from Vince Miguel, which constitutes a portion of the future annexation areas, for annexation into the District.

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

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the Miguel Minor Subdivision into the district under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the Miguel Minor Subdivision” to Community Facilities District No. 5 of the City of Hollister (Police and Fire Services) which map indicates by a boundary line the extent of the territory included in Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the Miguel Minor Subdivision, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

Resolution No. 20__-XX

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the proposed Miguel Minor Subdivision. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the Miguel Minor Subdivision will not result in any change to the special tax rates levied in the district prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the Miguel Minor Subdivision boundary.

SECTION 5
This resolution shall take effect from and after the date of its passage and adoption.

BE IT FURTHER RESOLVED, that the City Council does hereby approve the proposed boundary of the Miguel Minor Subdivision for the annexation of Territory into Community Facilities District No. 5, Annexation No. 29 (Police and Fire Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

Resolution No. 20__-XX

I, Angie Gonzalez, MMC, Acting City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 20__-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 ______, 20__ 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 ______, 20__.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

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

CITY OF HOLLISTER
Community Facilities District No. 5

September 8, 2026

To the Honorable City Council,
City of Hollister
375 Fifth Street
Hollister, CA 95023

Members of the City Council:

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

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

2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFD. Exhibit D includes the area to be annexed. The CFD was formed to finance the municipal services (the "Services") described in Exhibit A hereto and made a part hereof.

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

4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XlllA of the California Constitution. The Property Owner hereby waives all other rights with respect to the annexation of the Property, the levy of the Special Taxes on the Property and the other matters covered in this Unanimous Approval.

5. Recordation of Amendment to Notice of Special Tax Lien. The Notice of Special Tax Lien for the CFD was recorded in the Office of the County Recorder of the County of San Benito, State of California on September 11th, 2018 at the hour of 11:22 am as Document No. 2018-0008292. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto.

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

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

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

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

Assessor's Parcel No: 054-270-001
Property Address: 151/155/165/171 Santa Ana Road, Hollister CA Acres: 0.44

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

Total Acres: 0.44
Total Votes: 1.00
No. of Votes Yes 1.00
No. of Votes No _____

By executing this Unanimous Approval, the Property Owner votes in favor of and agrees to all of the above.

Annexation No. _29_

Owner / Entity: Vince Miguel / Santa Ana Group LLC

By: ___________________________________

Name: Vince Miguel
Title: Member

Notice Address: 300 Ladd Lane
Hollister, CA, 95023

(attach acknowledgment by notary)

EXHIBIT A

CITY OF HOLLISTER
Community Facilities District No. 5

LIST OF AUTHORIZED SERVICES

The authorized services to be financed with the special tax include all direct and incidental costs related to providing the public services. More specifically, the authorized services may include, but not limited to, the following:

1. Police protection services to protect and safeguard life and property

2. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression

3. Ambulance and paramedic services

4. Police and fire equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both

5. Collecting and administering the special tax and annual administration of the District.

6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration.

It is anticipated that the following incidental expenses may be incurred in the maintenance of the authorized services from the proceeds of the Special Tax:

• Special tax consultant services
• City, Participating District staff review, oversight, and administrative services • Financial advisor services
• Special tax administrator services
• Publishing, mailing, and posting of notices
• Recording fees

The expenses of certain recurring services pertaining to the Community Facilities District may be included in each annual special tax levy, and these expenses are described in the definition of the term " Administrative Expenses" as set forth in the Rate and Method of Apportionment of Special Tax.

The foregoing enumeration shall not be regarded as exclusive and shall be deemed to include any other incidental expenses of a like nature which may be incurred from time to time with respect to the Community Facilities District.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of formation of the CFD and will not be supplant services already available within that territory when the CFD was created.

EXHIBIT B

CITY OF HOLLISTER
Community Facilities District No. 5

DESCRIPTION OF SERVICES TO BE FINANCED AND COST ESTIMATE

The authorized services to be financed with the special tax include all direct and incidental costs related to providing the public services. More specifically, the authorized services may include, but not limited to, the following:

7. Police protection services to protect and safeguard life and property

8. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression

9. Ambulance and paramedic services

10. Police and fire equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both

11. Collecting and administering the special tax and annual administration of the District.

12. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration.

It is anticipated that the following incidental expenses may be incurred in the maintenance of the authorized services from the proceeds of the Special Tax:

• Special tax consultant services
• City, Participating District staff review, oversight, and administrative services • Financial advisor services
• Special tax administrator services
• Publishing, mailing, and posting of notices
• Recording fees

The expenses of certain recurring services pertaining to the Community Facilities District may be included in each annual special tax levy, and these expenses are described in the definition of the term " Administrative Expenses" as set forth in the Rate and Method of Apportionment of Special Tax.

The foregoing enumeration shall not be regarded as exclusive and shall be deemed to include any other incidental expenses of a like nature which may be incurred from time to time with respect to the Community Facilities District.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of formation of the CFD and will not be supplant services already available within that territory when the CFD was created.

Cost Estimate (Fiscal Year 2026-27):

The proposed maximum special tax for developed and undeveloped property which may be levied during Fiscal Year 2026-27 is:

Land Use Class Description Fiscal Year 2026/27
Maximum Special Tax per Unit
1 Residential Property $1,014.66 per Unit
2 Multi-Family Property $831.38 per Unit
No Tax for Undeveloped Property
No Tax for Tax-Exempt Property

Escalation of the Maximum Special Tax:

Each year, the amount to be charged to reach residential unit shall be established by taking the base amount and adjusting it by the change in the CPI for each subsequent year following the base year. The CPI shall be determined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland- San Jose from December 1, 2017, to the December 1 next preceding the Fiscal Year of Special Tax Levy.

In any year, the Special Tax shall not be deemed to have been increased within the meaning of the Ralph M. Brown Act (section 54954.6 of the California Government Code) or other relevant provisions of state law if the amount of the increase is not more than pro rata to the increase in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Prices Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-San Jose from February to the February 1 next preceding the Fiscal Year of Special Tax Levy.

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

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

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

“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.

“Airspace Parcel” means a parcel with an assigned Assessor Parcel Number that constitutes vertical space of an underlying land Parcel “Assessor’s Parcel” or “Parcel” means a lot or parcel, including an Airspace Parcel, shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

“Assessor’s Parcel Map” means an official map of the County assessor designating parcels by Assessor Parcel Number.

“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the assessor for purposes of identifying a property.

“Authorized Services” means those public services authorized to be funded, in whole or in part, by the CFD as set forth in the documents adopted by the Council when the CFD was formed.

“Building Permit” means a single permit or set of permits required to construct an entire residential structure or mixed use structure. If a permit is for a foundation, parking, landscaping or other related facility or amenity, but a building permit has not yet been issued for the structure served by these facilities or amenities, such permit shall not be considered a “Building Permit” for purposes of application of the Special Tax.

“CFD” or “CFD No. 5” means the City of Hollister Community Facilities District No. 5 (Police & Fire).

“City” means the City of Hollister.

“Consumer Price Index” means the Consumer Price Index published by the U.S.

Bureau of Labor Statistics for “All Items” in the San Francisco-Oakland-San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. If this index ceases to be published, the Consumer Price Index will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price Index for the San Francisco Bay Area.

“Council” means the City Council of the City of Hollister, acting as the legislative body of CFD No. 5.

“County” means the County of San Benito.

“Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property, excluding Property Owners Association Property and Public Property, for which a Building Permit was issued prior to June 1 of the preceding Fiscal Year.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Land Use Class” means any of the classes listed in Table 1.

“Maximum Special Tax” means the greatest amount of Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Section C below.

“Multi-Family Property” means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more residential units that share a common wall.

“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for a non-residential use and does not contain any residential units as defined under Residential Property or Multi-Family Property.

“Property Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or irrevocably dedicated as indicated in an instrument recorded with the County to, a property owners association, including any master or sub-association.

“Proportionately” means, that the ratio of the actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels within each Land Use Class.

“Public Property” means any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, State of California, County, City, or other local governments or public agencies.

“RMA” means this Rate and Method of Apportionment of Special Tax.

“Residential Property” means all Assessor’s Parcel of Developer Property for which a building permit has been issued for purposes of constructing one residential dwelling unit.

“Special Tax” means a special tax levied in any Fiscal Year to pay the Special Tax Requirement.

“Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) Administrative Expenses, and (iii) amounts

needed to cure any delinquencies in the payment of Special Taxes which have occurred or (based on delinquency rates in prior years) may be expected to occur in the Fiscal Year in which the tax will be collected; less any surplus of funds available from the previous Fiscal Years Special Tax levy, as determined by the City.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Taxes pursuant to law or as defined herein.

“Tax-Exempt Property” means all Assessor’s Parcels not subject to the Special Tax.

Tax-Exempt Property includes: (i) Public Property, (ii) Property Owners Association Property and (iii) Non-Residential Property.

“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property not classified as Developed Property.

“Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use. An Accessory Unit that shares a Parcel with Residential Property shall not be considered a separate Unit for purposes of this RMA.

B. DATA FOR ADMINISTRATION OF SPECIAL TAXES

On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within the CFD. All Taxable Property within the CFD shall be classified as Developed Property or Undeveloped Property. Developed Property shall be further assigned to a Land Use Class as specified in Table 1 and be subject to the Special Tax pursuant to Section C and Section D below.

In any Fiscal Year, if it is determined that: (i) a parcel map for property in the CFD was recorded after January 1 of the prior Fiscal Year (or any other date after which the Assessor will not incorporate the newly-created parcels into the then current tax roll), (ii) because of the date the parcel map was recorded, the assessor does not yet recognize the new parcels created by the parcel map, and (iii) a building permit was issued prior to June 1 of the prior Fiscal Year for development on one or more of the newly-created parcels, the Administrator shall calculate the Special Taxes separately for Developed Property and Undeveloped Property within the subdivided area, then levy the sum of these two amounts on the master Parcel that was subdivided by recordation of the parcel map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property

** Beginning July 1, 2019 and each July 1 thereafter, the Maximum Special Taxes shown in Table 1 above shall be adjusted by applying the increase, if any, in the Consumer Price Index that has occurred from December of the prior Fiscal Year to December of the then-current Fiscal Year. Each annual adjustment of the Maximum Special Tax shall become effective on the subsequent July 1, without additional action by the City Council.

2. Undeveloped Property; Tax Exempt Property

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

D. METHOD OF LEVY OF THE SPECIAL TAXES

Commencing with Fiscal Year 2018/19, and for each following Fiscal Year, the City shall levy the Special Tax until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately up to 100% of the applicable Maximum Special Tax.

E. MANNER OF COLLECTION OF SPECIAL TAX

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

Table 1
Maximum Special Tax for Developed Property
CFD No. 5
Fiscal Year 2018/19
Land Use Class Description Maximum Special Tax per Unit 1 Residential Property 775.00$
2 Multi-Family Property 635.00$

G. TERM OF SPECIAL TAX

The Special Tax shall be levied in perpetuity, as long as the Authorized Services are provided by the City, as necessary to pay the Special Tax Requirement.

H. INTERPRETATION OF SPECIAL TAX FORMULA

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

EXHIBIT D. Proposed Boundary of the Miguel Minor Subdivision BOUNDARIES OF COMMUNITY FACILITY DISTRICT NO. 5

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER ENGINEERING DIVISION, AUGUST 2026 ANNEXATION NO.SUBDIVISION/PROJECT TRACT NO.
29 MIGUEL MINOR SUBDIVISION

CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.5 CITY OF HOLLISTER,

COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2026 BY ITS RESOLUTION NO .

JENNIFER WOODWORTH, MMC, CPMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.

JAVIER HERNANDEZ, P.E.

PUBLIC WORKS DIRECTOR

COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2026 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF

ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.

COUNTY RECORDER, COUNTY OF SAN BENITO

EXHIBIT D1 MIGUEL MINOR SUBDIVISION

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Public Works-2026-46

AGENDA ITEM: A RESOLUTION ACCEPTING THE IMPROVEMENTS IN THE

PUBLIC RIGHT-OF-WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE PROJECT ALMOND/CLEARIST PARK SUBDIVISION, TRACT NO. 359, ACCEPTING THE OFFERS OF DEDICATION SHOWN IN THE FINAL MAP

DEPARTMENT: Public Works
DEPARTMENT HEAD: Tony White, Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution accepting the improvements in the public right-of-way and other areas designated for public use within the Project Almond/Clearist Park Subdivision, Tract No. 359, accepting the offers of dedication shown in the Final Map for, or separately recorded against, the property, as required by the Subdivision Improvement Agreement.

DISCUSSION: On December 6, 2021, the City Council adopted Resolution No. 2021- 232 approving the Subdivision Improvement Agreement (SIA) for the Clearist Park Phase 1 Subdivision, Tract No. 359, and authorizing the execution of the agreement for the improvements with Clearist Park Inc. A California Corporation. The SIA required that upon any transfer of any portion of the Clearist Park Inc. property to a Subsequent Developer(s) prior to completion of required public improvements, said Subsequent Developer(s) shall be required to enter into a similar SIA with the City of Hollister to ensure the completion of the required public improvements.

On February 20, 2024, the City Council adopted Resolution No. 2024-11 approving the SIA with said Subsequent Developer(s), Duke Realty Hollister Limited Partnership, for the Clearist Park Subdivision, Tract No. 359, also known as Project Almond, and authorizing and directing the City Manager, for and on behalf of the City of Hollister as its act and deed, to execute the Subdivision Improvement Agreement for the improvements.

On August 25, 2026, the improvements in the public right -of-way, and other areas designated for public use in the Clearist Park Phase 1 Subdivision, Tract 359, were completed to the satisfaction of the City Engineer.

Upon adoption of this resolution, the City Engineer, or their designee, is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County.

The Developer warranties and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance for the public improvements. Developer has furnished a warranty bond to the City pursuant to the Subdivision Improvement Agreement.

FISCAL IMPACT: The acceptance of the improvements requires the City to incur

additional costs for the operation and maintenance of the improvements in the public right-of-way including streets, utilities, sidewalks, streetlights, signage, landscaping, and irrigation. The annexation of the Project Almond property into Community Facilities District (CFD) #4 and #5 will offset the cost of increased maintenance responsibility through special taxes received. A condition of approval for subsequent projects submitting applications to the City for to develop remainder lots in the industrial park will require annexation into CFD #4 and #5.

PREVIOUS COUNCIL OR COMMISSION ACTION:

Planning Commission (PC) Resolution 2019-3, PC Resolution 2020-3, PC Resolution 2021-2, PC Resolution PC Resolution 2022-2, PC Resolution 2022-3, City Council (CC) Resolution 2021-232, CC Resolution 2024-11

CEQA:

The following statements related to CEQA were extracted from Planning Commission Resolution 2022-2 approving S&A 2021-14

Finding: There are no substantial changes proposed by the Airport Terminal Business Park EIR or in the circumstances in which the project would be undertaken that requi re major revision of the final EIR certified by the City Council for the Airport Terminal Business Park EIR for the pre-zoning and annexation of the site, or preparation of a subsequent, or supplemental EIR, due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects and therefore, the Hollister Planning Commission or Hollister City Council may issue the approvals required for the Site & Architectural Review 2021 -14 project based on the addendum prepared.

Evidence: The project reflects the anticipated land uses for the approved pre-zoning for annexation as analyzed in the Airport Terminal Business Park EIR, the project does not result in a substantial change to the findings of the Airport Terminal Business Park EIR analysis and would not result in new or additional significant impacts. Therefore, the Hollister Planning Commission or Hollister City Council may issue the approval required for Site and Architectural Review 2021-14 based on the addendum identified in Exihibt A, on file at the Planning Department office at 339 Fifth Street.

ATTACHMENTS:

1. Resolution

2. Project Almond – SIA

3. Notice of Satisfactory Completion_Clearist Park Offsite

4. Notice of Satisfactory Completion_San Felipe RAB

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

ACCEPTING THE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY

AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE
PROJECT ALMOND/CLEARIST PARK SUBDIVISION, TRACT NO. 359,

ACCEPTING THE OFFERS OF DEDICATION SHOWN IN THE FINAL

MAP FOR, OR SEPARATELY RECORDED AGAINST, THE PROPERTY,

AND DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF

ACCEPTANCE

WHEREAS, on December 6, 2021, the City Council adopted Resolution No. 2021 -232 approving the Subdivision Improvement Agreement (SIA) for the Project Almond/Clearist Park Subdivision, Tract No. 359, and authorizing the execution of the agreement for the improvements with Clearist Park Inc. A California Corporation ; and

WHEREAS, the SIA required that upon any transfer of any portion of the Clearist Park Inc. property to a Subsequent Developer(s) prior to completion of required public improvements, said Subsequent Developer(s) shall be required to enter into a similar SIA with the City of Hollister to ensure the completion of the required public improvements; and

WHEREAS, on February 20, 2024, the City Council adopted Resolution No. 2024 -11 approving the SIA with said Subsequent Developer(s), Duke Realty Hollister Limited Partnership, for the Project Almond/Clearist Park Subdivision, Tract No. 359, and authorizing and directing the City Manager, for and on behalf of the City of Hollister as its act and deed, to execute the Subdivision Improvement Agreement for the improvements; and

WHEREAS, the Engineering Division recommends acceptance of the public improvements and upon adoption of the resolution, the City Engineer is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County; and

WHEREAS, the Engineering Division recommends the acceptance of offers of dedication shown in the Final Map for, or separately recorded against the dedicated property as provided for in the Subdivision Improvement Agreement; and

WHEREAS, the Developer shall warranty and guarantee all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the public improvements; and

WHEREAS, the Developer has furnished and delivered a warranty bond to the City pursuant to the Subdivision Improvement Agreement.

Resolution No. 2026-XX

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

1. Accepts the improvements in the public right-of-way and other areas designated for public use within the Project Almond/Clearist Park Subdivision, Tract 359; and

2. Accepts the offers of dedication shown in the Final Map for, or separately recorded against, the property; and

3. Directs the City Engineer to file a Notice of Acceptance .

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Development Services
(831) 636-4360
Engineering Department
(831)636-4340
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Hollister.ca.gov

August 25, 2026

Duke Realty Hollister L.P.
3353 Gateway Blvd.

Fremont, CA 94538-6512
Attn: Scott Swenson, Vice President, Development Management

RE: Clearist Park (Offsite Improvements) – Notice of Satisfactory Completion

Dear Mr. Swenson,

Pursuant to Section 19.1 of the Subdivision Improvement Agreement (“SIA”) dated February 5, 2024, between Duke Realty Hollister Limited Partnership and the City of Hollister, please accept this letter as the City’s “Notice of Satisfactory Completion” of Improvements within the public right of way for the above referenced project. As specified by section 19.3 of the SIA, the City Engineer, or their designee, will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council.

If you have any questions regarding this letter, please feel free to give me a call at (831) 636 - 4340 ext. 1227.

Respectfully,
City of Hollister

_________________________
Tony White
Public Works Director

CC: Dillon Albert, Will Allen

CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

Administrative Services
(831) 636-4301
City Attorney
(559) 431-5600
City Manager
(831) 636-4300
Development Services
(831) 636-4360
Engineering Department
(831)636-4340
Fire Department
(831) 636-4325
Police Department
(831) 638-4330
Hollister.ca.gov

August 25, 2026

Duke Realty Hollister L.P.
3353 Gateway Blvd.

Fremont, CA 94538-6512
Attn: Scott Swenson, Vice President, Development Management

RE: Clearist Park (San Felipe Roundabout) – Notice of Satisfactory Completion

Dear Mr. Swenson,

Pursuant to Section 19.1 of the Subdivision Improvement Agreement (“SIA”) dated February 5, 2024, between Duke Realty Hollister Limited Partnership and the City of Hollister, please accept this letter as the City’s “Notice of Satisfactory Completion” of Improvements within the public right of way for the above referenced project. As specified by section 19.3 of the SIA, the City Engineer, or their designee, will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council.

If you have any questions regarding this letter, please feel free to give me a call at (831) 636 - 4340 ext. 1227.

Respectfully,
City of Hollister

_________________________
Tony White
Public Works Director

CC: Dillon Albert, Will Allen

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Public Works-2026-42

AGENDA ITEM: A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS AND

APPROVING REDUCTION IN PERFORMANCE BOND FOR WEST OF FAIRVIEW PHASE 2 SUBDIVISION

DEPARTMENT: Public Works
DEPARTMENT HEAD: Tony White, Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution accepting the Public Improvements for the West of Fairview Phase 2 Subdivision as constructed in accordance with the approved plans, specifications, and applicable City standards. It is further recommended that the City Council approve the corresponding reduction of the improvement bond securing the Public Improvements, consistent with the value of the improvements completed and accepted by the City.

DISCUSSION: KB Homes Southbay, Inc. entered into a Subdivision Improvement Agreement with the City of Hollister requiring the developer to construct and complete certain public improvements associated with the West of Fairview Phase 2 Subdivision.

As required by the agreement, KB Homes Southbay, Inc. provided an improvement bond to guarantee the satisfactory completion of the required improvements and to protect the City’s interests until the improvements were completed and accepted.

The City’s Engineering Division has conducted the necessary inspections of the Public Improvements constructed as part of the West of Fairview Phase 2 Subdivision. Based on these inspections and a review of the completed work, the Engineering Division has determined that the required Public Improvements have been satisfactorily completed in substantial accordance with the approved plans, specifications, and applicable City requirements.

With the required improvements completed and verified by the Engineering Division, staff recommends that the City Council formally accept the Public Improvements and authorize the associated reduction of the improvement bond.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Approval of this Resolution does not constitute a project approval for purposes of CEQA.

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

GRANTING ACCEPTANCE OF PUBLIC IMPROVEMENTS AND

APPROVING REDUCTION IN PERFORMANCE BOND FOR WEST OF
FAIRVIEW PHASE 2 SUBDIVISION

WHEREAS, the Final Map for West of Fairview Subdivision (“The Project”) was approved by the City Council of the City of Hollister (“City Council”) on May 2, 2022, under and pursuant to the provisions of the Subdivision Improvement Agreement (“SIA”) between KB Homes Southbay Inc. (“Developer”); and the City of Hollister (“City”) (collectively, the “Parties”); and

WHEREAS, KB Homes Southbay Inc., as Principal, and Fidelity and Deposit Company of Maryland, as Surety, executed and posted a certain Faithful Performance Bond No. 9344892 conditioned upon the faithful performance of the provisions of the SIA and upon the faithful performance of all Public Improvements work required thereunder; and

WHEREAS, as of July 21, 2026 the Public Improvements for the West of Fairview Phase 2 Subdivision have been completed; and

WHEREAS, the SIA provides that the security shall extend for a period of one year after the date of acceptance of Public Improvements to cover the warranty period of said improvements; and

WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one-year warranty period; and

WHEREAS, the Engineering Division has made an inspection of the Public Improvements for the West of Fairview Phase 2 Subdivision and recommends that the City Council accept the Public Improvements as constructed in accordance with the approved plans and specifications.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby finds, determines, and resolves as follows:

1. The Public Improvements installed with the West of Fairview Phase 2 Subdivision, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the Engineering Division.

2. The penal sum of that certain Security furnished by the above-named Subdivider, as Principal, and the above -named Surety in connection with the SIA West of Fairview Phase 2 Subdivision may be reduced to the sum of 10 percent of the performance bond, upon request of said Principal and Surety,

Resolution No. 2026-XX

said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the Subdivider or his/its Surety, or sureties, by law or by the SIA, save and except as expressly set forth herein.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Finance-2026-32

AGENDA ITEM: A RESOLUTION GRANTING ACCEPTANCE OF PUBLIC

IMPROVEMENTS AND APPROVING REDUCTION IN PERFORMANCE BOND FOR

THE ASPEN PARK SUBDIVISION

DEPARTMENT: Finance Department
DEPARTMENT HEAD: Jessica O'Connell, Finance Director

COUNCIL NEXT STEPS: Adopt a resolution accepting the Public Improvements for the Aspen Park Subdivision as constructed in accordance with the approved plans, specifications, and applicable City standards. It is further recommended that the City Council approve the corresponding reduction of the improvem ent bond securing the Public Improvements, consistent with the value of the improvements completed and accepted by the City.

DISCUSSION: Aspen Park LLC. entered into a Subdivision Improvement Agreement with the City of Hollister requiring the developer to construct and complete certain public improvements associated with the Aspen Park Subdivision. As required by the agreement, Aspen Park LLC. provided an improvement bond to guarantee the satisfactory completion of the required improvements and to protect the City’s interests until the improvements were completed and accepted.

The City’s Engineering Division has conducted the necessary inspections of the Public Improvements constructed as part of the Aspen Park Subdivision which include;

 Roadway improvements on Buena Vista Road extending to Westside Blvd along the Southern project frontage.
 Roadway improvements on Westside Road along the Northern project frontage

Based on these inspections and a review of the completed work, the Engineering Division has determined that the required Public Improvements have been satisfactorily completed in substantial accordance with the approved plans, specifications, and applicable City requirements.

With the required improvements completed and verified by the Engineering Division, staff recommends that the City Council formally accept the Public Improvements and authorize the associated reduction of the improvement bond

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Approval of this Resolution does not constitute a project approval for purposes of CEQA.

ATTACHMENTS:

1. Resolution

2. Vicinity Map

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER GRANTING

ACCEPTANCE OF PUBLIC IMPROVEMENTS AND APPROVING REDUCTION IN

PERFORMANCE BOND FOR THE ASPEN PARK SUBDIVISION

WHEREAS, the Final Map for Aspen Park Subdivision (“The Project”) was approved by the City Council of the City of Hollister (“City Council”) on July 30, 2024, under and pursuant to the provisions of the Subdivision Improvement Agreement (“SIA”) between Aspen Park LLC. (“Developer”); and the City of Hollister (“City”) (collectively, the “Parties”); and

WHEREAS, Aspen Park LLC., as Principal, and Markel Insurance Company, as Surety, executed and posted a certain Faithful Performance Bond No. 4464565 conditioned upon the faithful performance of the provisions of the SIA and upon the faithful performance of all Public Improvements work required thereunder; and

WHEREAS, as of August 19, 2026 the Public Improvements for the Aspen Park Subdivision have been completed; and

WHEREAS, the SIA provides that the security shall extend for a period of one year after the date of acceptance of Public Improvements to cover the warranty period of said improvements; and

WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one-year warranty period; and

WHEREAS, the Engineering Department has made and inspection of the Public Improvements for the Aspen Park Subdivision and recommends that the City Council accept the Public Improvements as constructed in accordance with the approved plans and specifications.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby finds, determines, and resolves as follows:

1. The Public Improvements installed with the Aspen Park Subdivision, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the Engineering Department.

2. The penal sum of that certain Security furnished by the above-named Subdivider, as Principal, and the above -named Surety in connection with the SIA Aspen Park Subdivision may be reduced to the sum of $379,381.50, upon request of said Principal and Surety, said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that

Resolution No. 2026-XX

nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the Subdivider or his/its Surety, or sureties, by law or by the SIA, save and except as expressly set forth herein.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

Westside Road
Buena Vista Road
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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Finance-2026-30

AGENDA ITEM: A RESOLUTION APPROVING A $50,000 CONTRACT

AMENDMENT WITH GRANITE ROCK COMPANY FOR THE WEST GATEWAY ROUNDABOUT PROJECT (CIP C1816)

DEPARTMENT: Finance Department
DEPARTMENT HEAD: Jessica O'Connell, Finance Director

COUNCIL NEXT STEPS: Adopt a resolution approving a $50,000 contract amendment with Granite Rock Company for additional work required to repair unforeseen third-party damage to City improvements and authorize the City Manager to execute the necessary contract documents.

DISCUSSION: The City completed the West Gateway Roundabout Project (CIP C1816) under the construction contract with Granite Rock Company. The current contract not to exceed amount is $4,650,614.00. During construction, several City improvements were damaged by third party vehicle incidents. The damage included electrical improvements and structural foundations for advanced warning signs and related traffic control facilities. These repairs were unforeseen and were outside the contractor's scope of work and the not to exceed amount.

The additional work was necessary to repair the damaged improvements and complete the project safely and in accordance with City standards. Staff is requesting authorization for a $50,000 contract amendment with Granite Rock Company.

Current Contract Not to Exceed $4,650,614.00 Proposed Amendment $50,000.00
New Contract Not to Exceed $4,700,614.00

Sufficient funds are currently allocated and available within the project budget for this additional work. No additional appropriation is required.

FISCAL IMPACT: The amendment will increase the contract authorization by $50,000, from $4,650,614.00 to $4,700,614.00. Existing project funds are sufficient to cover the additional cost.

PREVIOUS COUNCIL OR COMMISSION ACTION: Resolution 2025-16, 2025-149 and 2026-39

CEQA: The proposed contract amendment is not a “project” subject to CEQA pursuant to CEQA Guidelines Sections 15060(c)(3) and 15378(b)(5).

ATTACHMENTS:

1. Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A $50,000 CONTRACT AMENDMENT WITH GRANITE

ROCK COMPANY FOR THE WEST GATEWAY ROUNDABOUT
PROJECT (CIP C1816)

WHEREAS, the City of Hollister completed the West Gateway Roundabout Project (CIP C1816) under a construction contract with Granite Rock Company; and WHEREAS, the current contract not to exceed amount is $4,650,614.00; and WHEREAS, during construction, certain City improvements were damaged by t hird party vehicle incidents, including electrical improvements and structural foundations for advanced warning signs and related traffic control facilities; and WHEREAS, the necessary repairs were unforeseen and were outside the contractor's scope of work and the not to exceed amount; and
WHEREAS, an additional $50,000 is necessary to complete the required repairs and related work; and
WHEREAS, sufficient funds are currently allocated and available within the project budget to cover the additional work.

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

1. The City Council approves a $50,000 contract amendment with Granite Rock Company for additional work related to third party damage to City improvements.

2. The amendment increases the current contract not to exceed amount from $4,650,614.00 to $4,700,614.00.

3. The City Manager is authorized to execute the contract amendment and any necessary change order documents.

4. Sufficient project funds are available to cover the amendment and no additional appropriation is required.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Resolution No. 2026-XX

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 2026 at which meeting a quorum was present.

IN W ITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Airport-2026-19

AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY OF HOLLISTER’S

CONTINUED PARTICIPATION IN THE STATEWIDE COMMUNITY

INFRASTRUCTURE PROGRAM (SCIP)

DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director

COUNCIL NEXT STEPS: Conduct a public hearing, adopt a Resolution authorizing the City of Hollister’s continued participation in the Statewide Community Infrastructure Program (SCIP), and authorize the City Manager to execute documents and take actions necessary to implement the City’s continued participation in SCIP, consistent with the adopted resolution and applicable law.

DISCUSSION: This item includes a brief presentation regarding the California Statewide Communities Development Authority (“CSCDA”) and participation in the Statewide Community Infrastructure Program (“SCIP”), which is sponsored by CSCDA, followed by City Council discussion, a public hearing to take public test imony on SCIP and bonds to be issued by CSCDA, and consideration of an Amended and Restated Resolution making certain findings and authorizing certain matters necessary for the City of Hollister (the “Agency”) to confirm and expand its participation in SCIP. The Agency previously joined SCIP in 2016. Now it is before the City Council to consider modifications to its SCIP participation to modernize the legal documentation.

The CSCDA is a joint exercise of powers authority whose members include cities, counties, and other local agencies throughout California. Over 500 cities, counties and special districts throughout California are members of CSCDA, including the Agency.

SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program and later expanded to include financing o f public capital improvements constructed by developers and public services necessary to support development in the Agency, as provided for in the proposed Amended and Restated Resolution (Resolution). Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.

If a property owner applies to participate in SCIP, and the Agency approves the application, the selected public capital improvements, facilities and/or development related fees owed to the Agency will be financed by the issuance of bonds by CSCDA.

Property owners, in consultation with the Agency and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a

stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.

With respect to the financing of development related fees, the property owner will either pay the development fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, o r the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the Agency at any time to make authorized fee expenditures, and the Agency is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the Agency, the proposed Amended and Restated Resolution (Resolution) includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the Agency.

The benefits of SCIP to the property owner include:

 Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property.  Instead of paying cash for public capital improvements and/or development related fees, the property owner receives low-cost, long-term tax-exempt financing of those fees, freeing up capital for other purposes.
 The property owner can choose to pay off the assessments or special taxes at any time.
 For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates.  Owners of smaller projects, both residential and commercial, can have access to tax-exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax-exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.

The benefits of SCIP to the Agency include:

 As in conventional assessment district and CFD financing, the Agency is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.
 CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide tax-exempt financing to property owners through SCIP while committing virtually no staff time to administer the program.

 Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the Agency’s competitive advantage in attracting new development.  The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of tax-exempt financing of fees can be used to encourage a developer to pay fees up front.
 In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

The Resolution authorizes CSCDA to accept applications from owners of property within the planning jurisdiction to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within the Agency’s boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners (including property to be developed as a residential housing project of single-family or multi-family residences with two to four units). The authorization of CSCDA to form assessment districts within the Agency’s boundaries, conduct assessment proceedings, and levy assessments against the property of participating owners previously approved by th e City Council would remain in effect.

In addition to the funding of public capital improvements and development related fees, the proposed Resolution authorizes CSCDA to form community facilities districts within the Agency’s boundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating property owner. Similar to the funding of public capital improvements and development related fees, once an application is received by the participating property owner and approved by the Agency, CSCDA handles all district formation and district administration. CSCDA will coordinate with the Agency annually to prepare the budget for the levy, and will levy and collect the special taxes for disbursement to the Agency when collected.

The Resolution further embodies the terms of a joint community facilities agreement to be entered into between CSCDA and the Agency for each community facilities district, setting provisions for collection and application of the special ta x for use when a community facilities district is formed and approves the form of an acquisition agreement to be entered into between the Agency and the participating property owner/developer to provide the procedure for disbursement of bond proceeds to pa y for facilities constructed by the property owner/developer. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.

The SCIP represents an economic development tool that when utilized can increase new development within the City. In particular, there has been stated interest in the

SCIP from Commercial Developers.

FISCAL IMPACT: N/A
PREVIOUS COUNCIL OR COMMISSION ACTION: At the regular meeting of December 19, 2016, the City Council Adopted Resolution No. 2016-197. A Resolution authorizing the City to join SCIP; Authorizing the California Statewide Communities Development Authority (CSCDA) to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Hollister.

CEQA: N/A

ATTACHMENTS:

1. SCIP Resolution

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY OF HOLLISTER TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT

AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY

OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS AND

LEVY ASSESSMENTS AND SPECIAL TAXES AND TO FORM

ASSESSMENT DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF HOLLISTER; EMBODYING

THE TERMS OF A JOINT COMMUNITY FACILITIES AGREEMENT

SETTING FORTH THE PROVISIONS FOR COMMUNITY FACILITIES
DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION
AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING

RELATED ACTIONS

WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entere d into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Hollister (the “Agency”); and

WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and

WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the Agency or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees and charges on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and

WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law availab le to, among other things, finance public improvements and public services (“Services”) necessary to meet increased demands placed upon local agencies as a result of development ; and

WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello-Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act ; and

WHEREAS, the Agency desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1 913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and

WHEREAS, the Agency desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes; and

WHEREAS, from time to time when eligible property owners within the jurisdiction of the Agency elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello-Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the Agency; and

WHEREAS, both the Authority and the Agency are “local agencies” under the Mello -Roos Act; and

WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello -Roos Act; and

WHEREAS, the Agency desires to enter into such joint community facilities agreements with the Authority from time to time to authorize the Authority to form CFDs from time to time within the territorial limits of the Agency to finance Fees, Improvements and Services necessitated by new development; and

WHEREAS, the Agency has previously presented Resolution No. 2016 -197 of the City Council of the City of Hollister, authorizing the Agency to join the Statewide Community Infrastructure Program; authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Hollister (other than property to be developed as a residential housing project of single -family or multi-family residences with two to four units); approving form of acquisition agreement for use when applicable; and authorizing related actions (the “Original Resolution”), and such Original Resolution was adopted on December 19, 2016; and

WHEREAS, the Agency now wishes to amend and restate the Original Resolution; and

WHEREAS, there has been presented to this meeting a proposed form of R esolution of Intention to be adopted by the Authority, and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the Agency’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this Amended and Restated Resolution pursuant to Section 10104 of the Streets and Highways Code; and

WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which has been made available to the City Council and is on file with the City Clerk, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and

WHEREAS, the Agency will not be responsible for the conduct of an y proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bon ds issued in connection with SCIP; and

WHEREAS, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements; and

WHEREAS, where the Authority determines a proje ct is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks -Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and

WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this Amended and Restated Resolution at a public

hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees.

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

Section 1. This Amended and Restated Resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority from time to time in accordance herewith and the issuance of any refunding bonds therefor.

Section 2. The Agency hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:

(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and

(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.

Section 3. The Agency hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act. The Agency approves the use of the local goals and policies adopted by the Authority under Section 53 312.7 of the Mello-Roos Act in connection with the formation of CFDs.

Section 4. CFDs formed by the Authority may finance any or all of the facilities, fees and services authorized under the Mello -Roos Act. The appropriate officials and staff of the Agency are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to determine facilities, fees and services to be financed within each CFD and to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in connection with the annual levy. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the Agency are referred to as the

“Agency Improvements.” The Fees paid or to be paid to the Agency are referred to as the “Agency Fees”. The Services funded are referred to as “Services”, and Services to be provided by the Agency are referred to as the “Agency Services”. Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Local Agency as required by the Mello-Roos Act. The Agency acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the Agency as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connection with the formation of each CFD, as may be required by the Authority’s procedures, the Agency shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.

Section 5. This Amended and Restated Resolution sets the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the Agency and the Authority. Adoption of each Resolution of Intention to form a CFD under the Mello-Roos Act to finance Agency Improvements, Agency Fees or Agency Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD.

This Amended and Restated Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement for each CFD formed by the Authority (the “Joint Agreement”). The City Council hereby finds and determines that this resolution and each Joint Agreement are beneficial to the residents/customers of the Agency and are in the best interest s of the residents of the Agency, and of the future residents of the area within the proposed CFDs.

Section 6. Proceeds from the sale of Local Obligations and CFD special tax proceeds available to finance the Improvements shall be deposited in one or more special funds for each development project (the “Acquisition and Construction Fund”), which the Authority shall establish and maintain for so long as such proceeds remain. The Acquisition and Construction Fund will be available both for Agency Improvemen ts and Agency Fees and for the Improvements and Fees pertaining to each Third Party Local Agency.

Subaccounts shall be created as necessary. The Authority shall promptly provide notice in writing (which may be delivered by electronic means) to the Agency as to the amount of Local Obligation proceeds or special taxes made available to finance Improvements and Fees. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the Agency and to the other local agencies in the proportions specified in the Authority’s proceedings. The Agency will apply any such special tax revenues it receives for authorized Agency Improvements, Agency Fees and/or Agency Services, as applicab le, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello - Roos Act.

Section 7. As respects the Authority and each Third Party Local Agency, the Agency agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the Agency Improvements and for the administration and expenditure of the Agency Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard.

The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the Agency to assume any portion or all of this responsibility.

Section 8. The Agency agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the Agency Improvements and the improvements to be financed or acquired with the Agency Fees. The Agency reserves the right , as respects each Participating Developer, to require the Participating Developer to assume by contract with the Agency any portion or all of this responsibility.

Section 9. As respects the Authority and each Third Party Local Agency, the Agency agrees – once the Agency Improvements are constructed according to the approved plans and specifications, and the Agency and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the Agency Improvements – to accept ownership of the Agency Improvements, to take maintenance responsibility for the Agency Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the Agency Improvements. The Agency reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the Agency to assume any portion or all of this responsibility.

Section 10. The form of the Acquisition Agreement presented to the City Council is hereby approved, and the Mayor, City Manager, Finance Director or any such officer’s designee (each, an “Authorized Signatory”) are each individually authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the Agency in substantially that form, with such changes as shall be approved by the Authorized Signatory after consultation with the City Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 11. The terms of this Amended and Restated Resolution and each Joint Agreement embodied by this Amended and Restated Resolution may be amended by a

writing duly authorized, executed and delivered by the Agency and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.

Section 12. Except to the extent of the indemnifications extended to each Third Party Local Agency in each Joint Agreement embodied by this Amended and Restated Resolution, and the Agency’s agreement to take responsibility for and ownership of the Agency Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Amended and Restated Resolution, and nothing in this Amended and Restated Resolution (either express or implied) is intended to confer upon any person or entity other than th e Authority and the Agency (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Amended and Restated Resolution.

Section 13. The Agency hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations, and the issuance of bonds to refund such revenue bonds, in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the Agency.

Section 14. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the Agency will handle bond proceeds and special tax collections for properties participating in SCIP in accordance with the procedures set forth in the Manual.

Section 15. The appropriate officials and staff of the Agency are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the Agency and/or who are conditioned to install Improvements and/or whose plans for new development wi thin the Agency necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The Agency shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.

Section 16. The Authority will administer the Assessment Districts and CFDs, including employing and paying all consultants, annually levying the assessments and special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The Agency will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the Agency to enable the Authority to perform its

disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the Agency will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to each Joint Agreement) nor will the Agency be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The appropriate officials and staff of the Agency are hereby authorized and directed to execut e and deliver such certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third-party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the Agency, as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. Further, all amendments, consents, approvals, notices, orders, requests and other actions permitted or required by this Amended and Restated Resolution, any Joint Agreement, or any document executed in connection with Local Obligations and revenue bonds issued by the Authority, which may be necessary or desirable in connection with the formation of any Assessment District or CFD, issuance of Local Obligations, or administration of proceeds of Local Obligations or special taxes may be given or taken by any Authorized Signatory or other appropriate official of the Agency without further authorization by this City Council.

Section 17. This Amended and Restated Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Hollister is hereby authorized and directed to transmit a certified copy of this Amended and Restated Resolution to the Secretary of the Authority. This Amended and Restated Resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated. The Original Resolution shall remain in force with respect to any SCIP application approved by the Agency and any Assessment District formed pursuant to its authority until all Local Obligations have been retired and the authority to levy the assessment conferred by any assessment proceedings carried out pursuant to the Original Resolution has ended or is otherwise terminated.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

EXHIBIT A TO THE RESOLUTION

FORM OF RESOLUTION OF INTENTION

TO BE ADOPTED BY CSCDA

For Assessment Districts Only

RESOLUTION NO. __SCIP-

RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL

IMPROVEMENTS AND/OR THE PAYMENT OF DEVELOPMENT RELATED

FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) CITY OF HOLLISTER, COUNTY OF

SAN BENITO, APPROVING A PROPOSED BOUNDARY MAP, MAKING

CERTAIN DECLARATIONS, FINDINGS AND DETERMINATIONS

CONCERNING RELATED MATTERS, AND AUTHORIZING RELATED

ACTIONS IN CONNECTION THEREWITH

WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hollister, County of San Benito (the “Assessment District”);

WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hollister, County of San Benito,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Hollister, County of San Benito”;

WHEREAS, the City of Hollister is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;

NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct.

Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the

Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.

Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted.

Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.

Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.

Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty-nine (29) years from the second day of September next succeeding twelve (12) months from their date.

Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.

Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.

Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.

Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.

PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.

I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.

By __________________________________
Authorized Signatory
California Statewide Communities
Development Authority

EXHIBIT A TO THE RESOLUTION OF INTENTION

DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the City of Hollister or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.

PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT

RELATED CHARGES

CAPITAL IMPROVEMENTS*

*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management [End of Form of Resolution of Intention]

CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified City Clerk of the City of Hollister, do hereby certify that the foregoing Resolution No. ___________ was duly adopted at a regular meeting of the City Council of the City of Hollister duly and regularly held at the regular meeting place thereof on the 8th day of September, 2026, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present.

An agenda of said meeting was posted at least 72 hours before said meeting at _____________________, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

Notice of public hearing was published in [name of newspaper] at least 5 days prior to the hearing.

I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.

Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.

Dated: _______________, 20__
_________________________________
City Clerk of the City of Hollister

By: ______________________________

Seal

FORM OF ACQUISITION AGREEMENT
_____________________

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

ACQUISITION AGREEMENT

BY AND BETWEEN

CITY OF HOLLISTER
AND
[DEVELOPER]

Dated as of _______, 20__

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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the CITY OF HOLLISTER, (the “Local Agency”), and [DEVELOPER], a [indicate type of legal entity] (the “Developer”).

B. The effective date of this Agreement is ________, 20__.

C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [For CFDS:][The Acquisition Improvements are to be owned and operated by the Lo cal Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello-Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”).

On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [For Assessment Districts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).] D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.

E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.

F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to

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be acquired from the Developer.

G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.

H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.

I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.

In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.

Agreement

ARTICLE I

DEFINITIONS; DISTRICT FORMATION AND

FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “City of Hollister Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.

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“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax -exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns. “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof

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in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Hollister.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests th erein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.

Section 1.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditions for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section

1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.

Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund.

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(b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].

Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and adm inister engineering design contracts for the Acquisition Improvements to be acquired from Developer.

All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.

Section 2.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and

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contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.

In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.

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In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.

Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights-of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right-of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.

Section 2.05. SCIP Requisition. Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The Authority Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.

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ARTICLE III

MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.

Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.

Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.

The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.

Section 3.04. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

Section 3.05. Third Party Beneficiaries. The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority with respect to the provisions of Section 3.01, there are no third party

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beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.

Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.

Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:

If to the Local Agency:

City of Hollister
[Address to come]
[Email to come]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.

Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.

Section 3.11. Singular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

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Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors-in-interest to the property within the District, without the prior written consent of the Local Agency.

Section 3.14. Remedies in General. It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.

[The remainder of this page intentionally left blank]

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

CITY OF HOLLISTER
By:

Authorized Signatory

[DEVELOPER],
a [here indicate type of legal entity]
By:

Signature

Print Name

4155-8093-8767.14

Exhibit A to the Acquisition Agreement

ACQUISITION IMPROVEMENTS AND THE ELIGIBLE PORTIONS THEREOF

[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]

Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.

ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_].................................................................................................. $[_] [_].................................................................................................. $[_]

* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.

4155-8093-8767.14

Exhibit B to the Acquisition Agreement

FORM OF REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized representative of the CITY OF HOLLISTER hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND, as follows:

Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:

1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.

2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.

3. If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.

CITY OF HOLLISTER
By:

Title:

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 8, 2026
REPORT # Planning-2026-03

AGENDA ITEM: CONTINUED PUBLIC HEARING AND CONSIDERATION OF

RESOLUTIONS APPROVING THE INITIATION OF GENERAL PLAN AMENDMENT

AND PREZONE FOR THREE PROJECT SITES

DEPARTMENT: Planning
DEPARTMENT HEAD: Jeff Crechriou, Airport Director

COUNCIL NEXT STEPS: Hold a continued public hearing and:

1. Adopt a resolution approving the initiation of General Plan Amendment 2026 -1 and Prezone 2026-1 for a 1.9-acre parcel located at the northwest corner of Fairview Road and HWY 25 (APN 020-330-003); and

2. Adopt a resolution approving the initiation of Prezone 2026-2 for the 12.9-acre parcel located in the unincorporated area of the County of San Benito, Northwest of Wright Road and San Felipe Road and the initiation of General Plan Amendment 2026-2 to amend the Land Use Plan Map of the City of Hollister General Plan to include to annex the parcel into the City (APN 019-090-025; and

3. Adopt a resolution approving the initiation of General Plan Amendment 2026 -3 and Prezone 2026-3 for a 40.03-acre parcel located between Highway 25 and the City of Hollister Municipal Airport (APN 014-090-053, 014-090-016, and 014-090-058).

DISCUSSION: The City has received three application submittals for an Initiation of a General Plan Amendment and Prezone. These Applications are:

1. GPA 2026-1 and Prezone 2026-1 - Vakili

2. GPA 2026-2 and Prezone 2026-2 – Brigantino

3. GPA 2026-3 and Prezone 2026-3 - Wynn/Clearist Park

Sections 17.80.030 17.86.040 of the Hollister Municipal Code require any applicant who wishes to apply for a General Plan Amendment and/or Prezone to first app ly for an Initiation application. This allows the City Council to review the proposal and determine if the Council is supportive of the annexation prior to a formal application which requires the expenditure of monies by the applicant (related to application fees, plans and environmental review).

A General Plan Amendment for all annexation requests is required to amend the Land Use Map to show that the project area within the City Limit Line. The City must also establish the zoning designation of the property that takes effect once the annexation is approved- Prezoning.

The proposed annexations are described in detail below.

GPA 2026-1 and Prezone 2026-1 (Vakili)

On May 22, 2026, the Applicant applied for an Initiation of a General Plan Amendment

and Prezone for an approximately 1.9 Acre site located at the northwest corner of Fairview Road and HWY 25 an unincorporated parcel further identified as San Benito County Assessor Parcel Number (APN) 020-330-003. This parcel is located within the City’s Sphere of Influence (SOI).The location of this parcel is shown on the map below:

Figure 1: Vakili Annexation Area

The parcel is currently designated as Low Density Residential in the General Plan.

However, this parcel is located along HWY 25 with access to the parcel located on HWY 25 and single family uses are not the best for this parcel. The Applicant’s project includes an amendment to the General Plan to designate this parcel for commercial use which would provide additional commercial opportunities in the area. This parcel was designated for commercial in the prior 2040 General Plan Update that was rescinded by the City Council.

The Applicant (Vakili) will be responsible for the inclusion of Cielo Vista parcels in the formal annexation application and any work associated with the annexation of this development to ensure the annexation is contiguous to the City.

The Applicant’s written statement is included as Attachment 1.

GPA 2026-2 and Prezone 2026-2 (Brigantino)

On April 22, 2026, the City of Hollister Planning Division received an application requesting the Initiation of Prezone and General Plan Amendment for the approximately

12.9-acre unincorporated parcel further identified as San Benito County Assessor Parcel Number (APN) 019-090-025. The parcel, currently used for agricultural purposes, is located between Highway 25 and the City of Hollister Airport and is contiguous with the west City limit along San Felipe Road. The parcel is within the General Plan planning area and Sphere of Influence (SOI). The location of the parcel is shown on the map below:

Annexation Site

Figure 2: APN 019-090-025

.

The parcel is designated as Industrial in the 2040 General Plan. The Applicant proposes to prezone the site to M1 (Industrial) which is consistent with the existing general plan land use designation.

While the request to Initiate a Prezone would designate the parcel as M1, the applicant intends to continue the parcels use for crop production which is an allowed use in the M1 Zoning District. Because the request for a Prezone will allow for an expansion of use in the future (the eventual development of the site) review under CEQA is required.

Additionally, because annexation will lead to the eventual discontinuation of agriculture on the site, impacts related to the discontinuation of agricultural uses will need to be studied.

This parcel is located within the City’s Sphere of Influence and is adjacent to the City Limit Line.

GPA 2026-3 and Prezone 2026-3 (Wynn/Clearist Park)

On July 15, 2026, the City of Hollister Planning Division received an Initiation of a General Plan Amendment and Prezone application for an approximately 40.03 acre project site (APN 014-090-053, 014-090-016 and 014-090-058). This parcel is currently developed with one residential dwelling and is located between Highway 25 and the City of Hollister Airport and is contiguous with the west City limit along San Felipe Road. The parcel is within the General Plan planning area and Sphere of Influence (SOI). The location of the parcel is shown on the map below.

Project Site

Figure 3: Clearist Park Annexation Area

The parcel is currently designated as Industrial in the 2040 General Plan and the Applicant proposes to Prezone the parcel to Industrial Business Park (IBP). A request for Initiation was previously approved by the City Council in 2019, however that Initiation did not move forward and a new Initiation application was required because the 2040 General Plan has since been adopted.

This parcel is located within the City’s Sphere of Influence and is adjacent to the City Limit Line and represents the orderly growth of the City’s boundary near the airport.

Should the City Council approve this annexation request, environmental review (CEQA) will be conducted as a part of the project to determine any environmental impacts related to annexation and the ultimate development of this project site.

The Applicant has provided a Plan for Services which is include d as Attachment 6.

CONCLUSION: Three Applicants are requesting initiation of a General Plan Amendment and Prezone for annexation into the City of Hollister. The City Council will weigh and determine if each project should move forward for the study and review of the eventual annexation into the City. The City Council is not required to approve these initiation requests.

At tonight’s meeting the City Council will weigh the benefits of each annexation and make a determination to:

1. Approve or deny Initiation of GPA 2026-1 and Prezone 2026-1 – Vakili (APN 020-330-003).

2. Approve or deny Initiation of GPA 2026-2 and Prezone 2026-2 – Brigantino (APN 019-090-025).

3. Approve or deny Initiation of GPA 2026-3 and Prezone 2026-3 - Wynn/Clearist Park (APNs 014-090-053, 014-090-016 and 014-090-058).

FISCAL IMPACT: $0

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council held a public hearing at its August 17, 2026 meeting and continued the hearing to the September 8 th, 2026 meeting.

CEQA: As the proposed Initiation of Prezone and General Plan Amendment are exempt from review under the California Environmental Quality Act (CEQA) as the approval to initiate a project is not a project under CEQA. Should the City Council approve the initiation of one or all of these requests, each project will be reviewed under CEQA to determine and apply the appropriate level of CEQA analysis.

ATTACHMENTS:

1. City Council Resolution approving the Initiation of the Vakili General Plan Amendment and Prezone for GPA 2026-1 and Prezone 2026-1 – Vakili (APN 020- 330-003)

2. Written Statement

3. City Council Resolution approving the Initiation of the Brigantino General Plan and Prezone for GPA 2026-2 and Prezone 2026-2 (APN 019-090-025)

4. Brigantino San Felipe Annexation Site Plan

5. City Council Resolution approving the Initiation of the Wynn/Clearist Park General Plan and Prezone for GPA 2026-3 and Prezone 2026-3 (APNs 014-090-053, 014- 090-016 and 014-090-058)

6. Plan for Services

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION OF GENERAL PLAN AMENDMENT 2026- 1 AND PREZONE 2026-1 FOR A 1.9 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF FAIRVIEW ROAD AND HWY 25
(APN 020-330-003)

WHEREAS, under provisions of Sections 17.80.030 and 17.86.040 of the Zoning Ordinance, the Planning Division, on behalf of an Applicant, shall first submit a complete application for Initiation of a General Plan Amendment and P rezone to the City Council for the Council to direct whether the prezoning will or will not proceed; and

WHEREAS, under provision of Section 17.80.050(A) of the Zoning Ordinance, the City Council must determine if an Application for a General Plan Amendment and Prezone May proceed; and

WHEREAS, the General Plan Amendment includes an amendment to the Hollister 2040 General Plan to annex the site into the City of Hollister and to amend the land use designation to change the existing designation from Low Density Re sidential to General Commercial; and

WHEREAS, the Applicant will also be required to include the Cielo Vista residential development as part of their application to annex into the City so that the proposed annexation area is contiguous to the existing City Limits; and

WHEREAS, the City Council at its meeting of September 8, 2026 considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and

WHEREAS, the City Council deliberated and determined to grant the applicant’s request and approve the application for Initiation of General Plan Amendment 202 6-1 in accordance with Section 17.80.050(A) and Initiation of Prezone 2026-1 in accordance with Section 17.86.040 of the Zoning Ordinance, and based on the facts as presented, and the code requirements as plainly stated.

NOW, THEREFORE IT IS RESOLVED, that the City Council of the City of Hollister does hereby approve the Initiation of General Plan Amendment 2026-1 and Prezone 2026-1.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Resolution 2026-XX

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

______
Angie Gonzalez, MMC, Acting City Clerk Jennifer P. Thompson, City Attorney

I, Angie Gonzalez, MMC, Acting 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 September 8, 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 September 8, 2026.

Angie Gonzalez, MMC
Acting City Clerk of the City of Hollister

RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION OF PREZONE 2026-2 FOR THE 12.9

ACRE PARCEL LOCATED IN THE UNINCORPORATED AREA OF THE

COUNTY OF SAN BENITO, NORTHWEST OF WRIGHT ROAD AND SAN

FELIPE ROAD AND THE INITIATION OF GENERAL PLAN
AMENDMENT 2026-2 TO AMEND THE LAND USE PLAN MAP OF THE

CITY OF HOLLISTER GENERAL PLAN TO INCLUDE TO ANNEX THE
PARCEL INTO THE CITY (APN 019-090-025)

WHEREAS, under provisions of Sections 17.80.030 and 17.86.040 of the Zoning Ordinance, the Planning Division, on behalf of an Applicant, shall first submit a complete application for Initiation of a General Plan Amendment and Prezone to the City Council for the Council to direct whether the prezoning will or will no t proceed; and

WHEREAS, under provision of Section 17.80.050(A) of the Zoning Ordinance, the City Council must determine if an Application for a General Plan Amendment and Prezone May proceed; and

WHEREAS, the City Council at its meeting of September 8, 2026 considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and

WHEREAS, the City Council deliberated and determined to grant the applicant’s request and approve the application for Initiation of General Plan Amendment 2026-2 in accordance with Section 17.80.050(A) and Initiation of Prezone 2026-2 in accordance with Section 17.86.040 of the Zoning Ordinance, and based on the facts as presented, and the code requirements as plainly stated.

NOW, THEREFORE IT IS RESOLVED, that the City Council of the City of Hollister does hereby approve the Initiation of General Plan Amendment 2026-2 and Prezone 2026-2.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 8, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor