Agenda packet — Hollister City Council, June 6, 2022 (part 1 of 4)

MAYOR
Ignacio Velazquez

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
Brett Miller

CITY ATTORNEY
Mary F. Lerner

CITY CLERK
Christine Black

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Anietra Gomez

CITY COUNCIL AGENDA
Regular Meeting
June 6, 2022
6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
http://hollister.ca.gov/

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.

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.

PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:

City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx

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

City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

Public Participation:

The public may attend meetings.

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

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

https://us02web.zoom.us/webinar/register/WN_Y87mrh3sTZevbR31sw1wbg

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Hearing of Complaints/Charges Against Public Employee

Title: City Clerk
(Pursuant to Gov. Code Section 54957, subdivision (b)(1)-(2))

2. Consideration of Public Employee Employment

Title: City Clerk
(Pursuant to Gov. Code Section 54957, subdivision (b)(1))

3. Government Code section 54957 Public Employee Performance Evaluation

Title: Interim City Attorney

4. Government Code section 54957 Public Employee Appointment/Employment

Title: City Attorney

PLEDGE OF ALLEGIANCE

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ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS
A. CONSENT ITEMS
All items listed under consent Resolution 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 Citizen.

Consent items are numbers: A1, A2, A3, A4, A5, A6, and A7.

1. The minutes of the Special Meeting of City Council May 14, 2022

2. The minutes of the Regular Meeting of City Council May 16, 2022

3. Claim Against the City - Filed by Suzanne Aguilar (City Clerk) BRIEF DESCRIPTION: A claim against the City was filed by Suzanne Aguilar on May 18, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

4. Resolution No. 2022-104 a Resolution of the City Council of the City of Hollister as the Legislative Body of Community Facilities District No. 2 (Police and Fire Services) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2022/23 (Planning)
BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 2 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister as the legislative body of Community Facilities District No. 2 (Police and Fire Services) authorizing the annual levy of Special Taxes for Fiscal Year 2022/23.

5. Resolution No. 2022-105 a Resolution of the City Council of the City of Hollister as the Legislative Body of Community Facilities District No. 4 (Public Services) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2022/23 (Planning)
BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 4 (Public Facilities) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister as the legislative body of Community Facilities District No. 4 (Public

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Facilities) authorizing the annual levy of Special Taxes for Fiscal Year 2022/23.

6. Resolution No. 2022-106 a Resolution of the City Council of the City of Hollister as the Legislative Body of Community Facilities District No. 5 (Police and Fire Services) Authorizing the Annual Levy of Special Taxes for Fiscal Year 2022/23 (Planning)
BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 5 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister as the legislative body of Community Facilities District No. 5 (Police and Fire Services) authorizing the annual levy of Special Taxes for Fiscal Year 2022/23.

7. Resolution No. 2022-107 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of 6th Street, between Monterey Street and San Benito Street, on June 25, 2022, for the Pride Event sponsored by the San Benito County Behavioral Health Department (City Clerk)
BRIEF DESCRIPTION: This Resolution will authorize the closure of 6th Street, between Monterey Street and San Benito Street, on June 25, 2022, for the Pride Event sponsored by the San Benito County Behavioral Health Department.

RECOMMENDATION: That the City Council ADOPT a Resolution to temporarily close 6th Street, between Monterey Street and San Benito Street, on June 25, 2022, for the Pride Event sponsored by the San Benito County Behavioral Health Department.

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
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 yo ur 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.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

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Receive report from City Manager.

2. Trainings and Conferences

Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS

1. Ordinance No. 1211 an Ordinance of the City of Hollister Amending the Parking Time Restrictions on the North and South Side of Fifth Street between West Street and Monterey Street and Revoking Resolution No. 2000-116 Neighborhood Residential Permit Parking (Police) DESCRIPTION: This amendment to section 10.24.040 section of the Hollister Municipal Code will removing time parking restrictions on Fifth Street between West Street and Monterey Street and revoke the outdated Resolution No. 2000-116 Residential Permit Parking.

RECOMMENDATION: Hold public hearing, read by title only, waive full reading, and INTRODUCE an Ordinance of the City of Hollister Amending Chapter 10.24.040 – Parking time restrictions removing time restrictions on Fifth Street between West Street and Monterey Street and Revoking Resolution No. 2000-116 Residential Permit Parking.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Ordinance No. 1208 An Ordinance of the City of Hollister adding a new Chapter 2.50 to the City of Hollister Municipal Code Regarding Police Acquisition and use of "Military Equipment" (Police)
DESCRIPTION: This is a request to consider adding a new ordinance to the City of Hollister Municipal Code regarding police acquisition and use of “Military Equipment”. This is required per Assembly Bill 481.

RECOMMENDATION: Staff recommends City Council waive full reading, read by title only, and ADOPT Ordinance No. 1208 adding Chapter 2.50 to the City of Hollister Municipal Code regarding police acquisition an d use of “Military Equipment”.

2. Ordinance No. 1209 An Ordinance of the City of Hollister Amending the Fireworks Ordinance to include liability of property owners and fines (Police)
DESCRIPTION: This amendment to section 8.08 FIREWORKS section of the Hollister Municipal Code will add additional penalties as well as clarification that property owners can also be cited when individuals cannot be contacted.

RECOMMENDATION: Read by title only, waive full reading, and ADOPT Ordinance No. 1209, Amending Chapter 8.08 – “Fireworks” adding clarification of property owner liability and fines.

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3. Resolution No. 2022-108 a Resolution of the City Council of the City of Hollister declaring intention to order the levy and collection of annual assessments for Landscaping and Lighting District No. 93-1 for Fiscal Year 2022/2023, and giving notice of and setting the time and place for a public hearing on the levy and collection of assessment pursuant to the Landscaping and Lighting Act of 1972 (Engineering)
BRIEF DESCRIPTION: Consider approval declaring the intention to order the levy and collection of the annual assessment for Landscape & Lighting District 93-1; setting the time and place for, and giving notice of a public hearing.

RECOMMENDATION: Adopt Resolution declaring the intention to order the levy and collection of annual assessments for Landscape and Lighting District 91-1 for FY 2022/2023.

4. Resolution No. 2022-109 a Resolution of the City Council of the City of Hollister Authoring the County of San Benito as Lead Agency of the San Benito County Integrated Waste Management Regional Agency, to Conduct Activities Needed on Behalf of the City to Comply with Senate Bill 1383, the Short-Lived Climate Pollutant Act and Declaring the Purpose and Need for Rural Exemption (City Manager)
BRIEF DESCRIPTION: City Council will consider a Resolution to affirm the authority of the County of San Benito as Lead Agency of the San Benito County Integrated Waste Management Regional Agency to conduct activities needed on behalf of the City to comply with Senate Bill 1383 and to affirm the City’s need for a rural exemption.

RECOMMENDATION: City Council ADOPT a Resolution to affirm the authority of the County of San Benito as Lead Agency of the San Benito County Integrated Waste Management Regional Agency to conduct activities needed on behalf of the City to comply with Senate Bill 1383 and to affirm the City’s need for a rural exemption.

5. Resolution No. 2022-110 a Resolution of the City Council of the City of Hollister Authorizing the City Manager to Execute a Contract with California Consulting, LLC for Grant Program Management Services (City Manager)
BRIEF DESCRIPTION: City Council will consider approving a Resolution Authorizing the City Manager to Execute a Contract with California Consulting, Inc. for Grant Program Management Services.

RECOMMENDATION: City Council ADOPT a Resolution Authorizing the City Manager to Execute a Contract with California Consulting, Inc. for Grant Program Management Services.

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6. Resolution No. 2022-111 a Resolution of the City Council of the City of Hollister to accept a grant of $700,995.52 from the California State Water Resources Control Board’s California Water and Wastewater Arrearage Payment Program for the purpose of providing relief to water customers whom were unable to make sufficient payments to cover their water bills from March 4, 2020 to June 15, 2021 due to the COVID-19 pandemic and authorize staff to return any unused funds (Public Works - Utilities) BRIEF DESCRIPTION: Staff is seeking approval to accept a grant of $700,995.52 from the California State Water Resources Control Board’s California Water and Wastewater Arrearage Payment Program for the purpose of providing relief to identified water customers, and then to return any unused portion to the same.

RECOMMENDATION: Staff recommends that the City Council ADOPT the resolution to accept a grant of $700,995.52 from the California State Water Resources Control Board’s California Water and Wastewater Arrearage Payment Program, for the purpose of providing relief to water customers whom were unable to make sufficient payments to cover their water bills from March 4, 2020 to June 15, 2021 due to the COVID -19 pandemic, and authorize staff to return any unused funds.

7. Resolution No. 2022-112 a Resolution of the City Council of the City of Hollister Authorizing Staff to Solicit RFP's for the removal of 3000 dry tons of domestic sludge from the Suspended Solids Basin located at the City of Hollister Domestic Wastewater Treatment Plant (Public Works - Utilities)
BRIEF DESCRIPTION: This request will allow the City of Hollister staff to obtain RFP’s to remove 3000 dry tons of sludge from the Suspended Solids Basin at the Domestic Plant. This will create a deeper water cap to assist in reduction of odors.

RECOMMENDATION: Staff recommends the City Council of the City of Hollister to ADOPT a Resolution allowing staff to solicit RFP’ S for the removal of 3000 dry tons of organic waste from the S.S.B. located at the Domestic Waste Water Treatment Plant.

8. Resolution No. 2022-113 a Resolution of the City Council of the City of Hollister authorizing the calling for sealed bids for the 2022 Citywide Slurry Seal Project, CIP C2204 (Administrative Services) BRIEF DESCRIPTION: This item would authorize staff to call for sealed bids for the 2022 Citywide Slurry Seal Project, CIP C2204

RECOMMENDATION: Adopt the Resolution authorizing the calling for sealed bids for the 2022 Citywide Slurry Seal Project, CIP C2204

9. Resolution No. 2022-114 a Resolution of the City Council of the City of Hollister authorizing the calling for sealed bids for the 6th Street Lighting Improvement Project, CIP C2203 (Administrative Services) BRIEF DESCRIPTION: This item would authorize staff to call for sealed

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bids for the 6th Street Lighting Improvement Project, CIP C2203.

RECOMMENDATION: Adopt the Resolution authorizing the calling for sealed bids for the 6th Street Lighting Improvement Project, CIP C2203.

10. Ordinance No. 1212 an Urgency Ordinance of the City of Hollister adding Chapter 2.06 to and repealing Chapter 2.18 of the Hollister Municipal Code relating to local election campaign contribution limits and regulations (City Clerk)
DESCRIPTION: An Ordinance of the City of Hollister City Council to provide provisions regarding Campaign Finance Reform.

RECOMMENDATION: Read by Title Only, Waive Full Reading, and ADOPT an Urgency Ordinance of the City of Hollister Adding Chapter 2.06 and repealing Chapter 2.18 of the Hollister Municipal Code relating to local election campaign contribution limits and regulations.

11. Resolution No. 2022-115 a Resolution of the City Council of the City of Hollister, California, Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the Election of Certain Officers as required by the provisions of the laws of the State of California relating to General Law Cities (City Clerk)
BRIEF DESCRIPTION: This Resolution will call for the holding of a General Municipal Election to be held on Tue sday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities.

RECOMMENDATION: Staff recommends that the City Council of the City of Hollister ADOPT a Resolution Calling for the holding of a General Municipal Election to be held on Tuesday, November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities.

12. Resolution No. 2022-116 a Resolution of the City Council of the City of Hollister, California, Requesting the Board of Supervisors of the County of San Benito to Consolidate a General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code (City Clerk) BRIEF DESCRIPTION: This Resolution will request the Board of Supervisors of the County of San Benito to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022.

RECOMMENDATION: That the City Council of the City of Hollister ADOPT a Resolution requesting the Board of Supervisors of the County of San Benito to Consolidate a General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code.

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13. Resolution No. 2022-117 a Resolution of the City Council of the City of Hollister, Submitting to the Qualified Voters of the City of Hollister a Measure Amending Section 2.04.020 of Chapter 2.04 (City Council) of Title 2 (Administration And Personnel) of the Hollister Municipal Code to Change the Term of Office of the Elected Mayor From Two (2) Years to Four (4) Years, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held on November 8, 2022; and Setting Rules and Deadlines for the Submittal of Arguments for and Against the Measure (City Clerk)
BRIEF DESCRIPTION: This Resolution places on the November 8, 2022, General Municipal Election ballot a Measure seeking voter direction on whether to change the length of the Mayor’s term from a 2 year term to a 4 year term, beginning with the November 2024 election.

RECOMMENDATION: Staff seeks Council direction to place this Ballot Measure before the voters at the November 8, 2022, General Municipal Election.

14. Resolution No. 2022-118 a Resolution of the City Council of the City of Hollister, California, Submitting to the Qualified Voters of the City of Hollister a Measure Adding Section 2.04.300 to Chapter 2.04 (City Council) of the Hollister Municipal Code to Establish Term Limits on Mayoral and City Council Member Service, at a General Municipal Election to be Consolidated with the Statewide General Election to be Held November 8, 2022, and Setting Rules for Arguments and Rebuttals for and Against Said Measure (City Clerk)
BRIEF DESCRIPTION: This Resolution places on the November 8, 2022, General Municipal Election ballot a Measure seeking voter direction regarding establishing term limits on Mayoral and Council Member service, effective beginning with the November 5, 2024, General Municipal Election.

RECOMMENDATION: Staff seeks Council direction to place this Ballot Measure before the voters at the November 8, 2022, General Municipal Election.

15. Resolution No. 2022-119 a Resolution of the City Council of the City of Hollister, California submitting to the qualified voters of the City of Hollister Two Advisory Measures seeking voter opinion regarding the re-establishment of the City of Hollister Motorcycle Rally, at a General Municipal Election to be consolidated with the Statewide General Election to be held November 8, 2022, and setting rules for arguments and rebuttals for and against said Measures (City Clerk) BRIEF DESCRIPTION: This Resolution places on the November 8, 2022, General Municipal Election ballot two Advisory Measures seeking voter opinion regarding the re-establishment of the City of Hollister Motorcycle Rally, and if so on what dates are preferred to hold it.

RECOMMENDATION: Staff seeks Council direction to ADOPT a Resolution to place Two Advisory Ballot Measures before the voters at the

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November 8, 2022, General Municipal Election seeking voters opinion on the re-establishment of the City of Hollister Motorcycle Rally, and preferred dates.

16. Resolution No. 2022-120 a Resolution of the City Council of the City of Hollister amending the City's Conflict of Interest Code and Rescinding Resolution No. 2020-166 (City Clerk)
BRIEF DESCRIPTION: This Resolution will amend the City of Hollister’s Conflict of Interest Code to comply with the po sitions/titles for those that need to submit an annual Statement of Economic Interest Form 700, according to the Fair Political Practices Commission.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution amending the City of Hollister’s Conflict of Interest Code and rescind Resolution No. 2020-166.

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

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

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.

3. Update on Downtown Gateway Monument Sign (City Manager) BRIEF DESCRIPTION: Staff will provide City Council with an update on potential locations for adding a gateway monument sign in the Downtown area. In addition to feedback received.

RECOMMENDATION: City Council to receive an oral report and provide staff direction.

4. HOLLISTER FIRE DEPARTMENT OVERTIME REPORT (Fire)
BRIEF DESCRIPTION: City Council will receive an oral report and presentation report from the Fire Chief for the Hollister Fire Department’s overtime report.

RECOMMENDATION: Staff recommends that the City Council receive the presentation from the Hollister Fire Department for overtime as presented by the Fire Chief.

5. Appointment of a Council Committee Assignments and Alternates (City Clerk)
BRIEF DESCRIPTION: The Mayor will appoint a Council Member(s) to serve on Council Committee assignments as necessary.

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RECOMMENDATION: Staff recommends that the Mayor appoint a Council Member to Council Committee assignments as necessary.

H. UNFINISHED BUSINESS

1. City Council Requests of City Staff (City Clerk)
BRIEF DESCRIPTION: City Council has requested a list of requested Agenda items, work items, and updates from City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Staff recommends that City Council receive the report and hold a discussion, if so desired.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
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 afte r 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, 8:00 a.m. to noon, 1:00 p.m. to 5:00 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.

The next City Council Meetings are scheduled as follows:

Regular City Council Meeting --Tuesday*, June 21, 2022, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 20th)
Legislative Recess -- No regular City Council Meetings in July Regular City Council Meeting -- Monday, August 1, 2022, at 6:30 PM Regular City Council Meeting -- Monday, August 15, 2022, at 6:30 PM

CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special Meeting
May 14, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER

PLEDGE OF ALLEGIANCE
Vice Mayor Perez led the Pledge of Allegiance.

ROLL CALL
The Special Meeting of the City Council was called to order by Mayor Ignacio Velazquez on May, 14, 2022 at 9:00 AM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

VERIFCATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council Special Meeting of May 14, 2022, was posted on the bulletin board at City Hall on May 10, 2022, at 11:00 a.m. per Government Code section 54956.

A. CITY COUNCIL OF THE CITY OF HOLLISTER

1. Election Consulting Projects - Hollister Independence Day Rally Ballot Measure

Received report from City Clerk Black.

Peter Lago, addressed the Council.

Public comment closed, as there were no more speakers.

Discussion of the history of the Rally was had by City Council, and Police Chief Reynoso.

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Council Member Burns requested and received consensus that Public Comment be reopened to hear Mr. Lago who is in chambers and wishes to speak.

Peter Lago, addressed the Council.

Mia Casey, addressed the Council.

Jon Casey, addressed the Council.

There being no more speakers, public comment was closed.

Consensus from Council was to bring this back as a Resolution to the June 6, 2022, Council Meeting, adding an additional question if the outcome of the vote is yes, to hold it traditionally over the 3 day weekend, or hold a bike week either before or after the 4th of July weekend.

2. Fire District

Received report from City Clerk Black and from City Manager Miller.

Received report from Fire Chief Martin Del Campo.

Received report from Hollister Firefighters Union Local 3395 President Buzzetta.

Kris Mangano, addressed the Council.

Council direction was to start with the Fire Committee to commit to move forward to start a Fire District knowing it is at a minimum two years out, and to commit to the process and both the Fire Chief and Hollister Firefighter Union President stated they support it, if done correctly.

Council direction for City Manager to discuss with San Benito County the possibility of a creating a sales tax earmarked for public safety. The benefit would not be just our Police Department and Fire Department but to their Sheriff's Department as well.

Also to look into if there is a capacity to bump ours up. Report to the community exactly what the value is to our community, and how the money is being used.

Council consensus was to contract with Best, Best, and Krieger to secure the legal expertise to create a Fire District.

ADJOURNMENT
There being no further business to discuss Council Member Burns motioned to adjourn at 11:24 a.m. Motion seconded by Council Member Morales and carried by a unanimous vote.

Respectfully submitted,

Christine Black
City Clerk
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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
May 16, 2022

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER
CLOSED SESSION - 6:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda)

There were no speakers.

Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

City Attorney Epperson reported if the Council so moved, they would go to Closed Session to discuss the item agendized for Closed Session.

Vice Mayor Perez motioned to adjourn to Closed Session. Motion seconded by Council Member Burns and carried by a 3-0-0-2 vote, Council Members Resendiz and Morales absent.

1. Public Employee Appointment

Title: City Attorney (Pursuant to Gov. Code § 54957)

PLEDGE OF ALLEGIANCE
Vice Mayor Perez led the Pledge of Allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on May, 16, 2022 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Absent
Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

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Council Member Resendiz arrived in Council Chambers at 7:31 PM.

VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council meeting of May 16, 2022, was posted on the bulletin board at City Hall on May 11, 2022, a t 10:30 a.m. per Government Code section 54954.2.

CLOSED SESSION - REPORT OUT
City Attorney Epperson reported out that the City Council discussed the items agendized for closed session and read into the record prior to moving to Closed Session. Direction was given to staff and there was no further reportable action taken.

Closed Session adjourned at 6:19. p.m.

PROCLAMATIONS/RECOGNITIONS
None.

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.

Council Member Burns requested and received consensus for Items G3 and K1 be moved up on the agenda to after Public Comment.

RESULT: Adopted [Unanimous]
MOTION: Rick Perez
SECOND: Tim Burns
AYES: Velazquez, Perez, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Resendiz, Morales

Consent items are numbers: A1, A2, A3, A4, A5, A6, and A7.

1. City Council - Regular Meeting - May 2, 2022 6:30 PM

2. WARRANT REGISTER - MAY 16, 2022 AP

3. Resolution No. 2022-85 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of Various Downtown Streets for the Hollister Police Department National Night Out Event on August 2, 2022

4. Resolution No. 2022-86 a Resolution of the City Council of the City of Hollister Approving the Temporary Street Closure of Various Streets for the Annual Portuguese Heritage Festival Parade, June 5, 2022

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5. Resolution No. 2022-87 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of 7th Street from Browns Alley to San Benito Street for a Mario Kart Race Event on June 4, 2022

6. Resolution No. 2022-88 a Resolution of the City Council of the City of Hollister approving the Preliminary Engineer’s Report for the levy and collection of annual assessments for Landscaping and Lighting District No. 93-1 Fiscal Year 2022/2023

7. Resolution No. 2022-89 a Resolution of the City Council of the City of Hollister approving a surplus equipment donation of non-compliant Personal Protective Equipment (PPE) to Hearts For Ukraine - in partnership with Grains of Good Foundation in support of the people of Ukraine

ITEMS PULLED FROM CONSENT AGENDA
None.

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
The following people spoke at Public Comment:

Elia Salinas, addressed the Council.

Dennis Martin, addressed the Council.

John Wrobel, addressed the Council.

Valerie Egland, addressed the Council.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

None.

2. Trainings and Conferences

None.

ITEM G3 WAS MOVED UP TO BE HEARD BEFORE PUBLIC HEARING
Council Member Burns requested and received consensus to have Item G3 moved up to be heard prior to Public Hearing on the agenda.

ITEM K1 WAS MOVED UP TO BE HEARD BEFORE PUBLIC HEARING
Council Member Burns requested and received consensus to have Item K1 moved up to be heard prior to Public Hearing on the agenda.

E. PUBLIC HEARINGS
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1. Ordinance No. 1208 An Ordinance of the City of Hollister adding a new Chapter 2.50 to the city of Hollister Municipal Code Regarding Police Acquisition and use of "Military Equipment"

Received report from Police Chief Reynoso.

Opened Public Hearing at 7:22 p.m.

Closed Public Hearing at 7:22 p.m.

RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Resendiz, Morales

2. Ordinance No. 1209 An Ordinance of the City of Hollister Amending the Fireworks Ordinance to include liability of property owners and fines

Received report from Police Chief Reynoso.

Council Member Burns - when contact is unable to be made and a citation would be issued and mailed to the house, please ensure that registered mail is sent to the homeowners address, not the renter if there is one, as registered mail. If turning over to a collection company, perhaps cloud or lien the property for payment.

Mayor Velazquez stated the fine is limited to $1000.00, and we could charge other fees to recoup costs.

Police Chief Reynso - they will look into accessing an hourly fee, a set rate, and include that as well.

Opened Public Hearing at 7:34 p.m.

Closed Public Hearing at 7:34 p.m.

Council Member Burns motioned to Hold the Public Hearing, Read by Title Only, Waive full reading, and Introduce an Ordinance of the City of Hollister amending Chapter 8.08 Fireworks, adding clarification of property owner liability and progressive fines up to $1000.00.

City Attorney Epperson advised Council Member Resendiz who arrived in chambers at 7:31 p.m., to abstain on this item, as he was not present to hear the item in it's entirety.

Vice Mayor Perez seconded the motion.

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RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Burns
NOES:

RECUSED:

ABSTAIN: Resendiz
ABSENT: Morales

3. Ordinance No. 1210 an Ordinance of the City of Hollister amending the Hollister Municipal Code Chapter 2, Section 2.04.320 Salary- Increasing the Salary of Each Member of the City Council from $400 per Month to $800 per Month

Received report from Senior Support Services Caseres.

Opened Public Hearing at 7:43 p.m.

Closed Public Hearing at 7:43 p.m.

Vice Mayor Perez motioned to INTRODUCE Ordinance No. 1210. Motioned was seconded by Council Member Burns.

Council Member Resendiz, and Mayor Velazquez voted no.

Motion did not pass due to a tie vote, and was requested to be brought back to June 6, 2022, City Council Meeting.

RESULT: Defeated [2 to 2]
MOTION:

SECOND:

AYES: Perez, Burns
NOES: Velazquez, Resendiz
RECUSED:

ABSTAIN:

ABSENT: Morales

4. Resolution No. 2022-90 a Resolution of the City Council of the City of Hollister Approving a Conditional Cannabis Use Permit/ Development Agreement 2022-1 for Good Crops LLC to Operate a Cannabis Cultivation Facility at 2000 Lana Way Drive (APN 051-161-001-000 )

Received report from Cannabis Affairs Manager Mendez.

Opened Public Hearing at 7:49 p.m.

Closed Public Hearing at 7:49 p.m.

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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2022-91 A Resolution of the City Council of the City of Hollister Authorizing the City Manager to sign a renewal contract for Dispatching Services with SCR911

Received report from Police Chief Reynoso.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

2. Resolution No. 2022-92 A Resolution of the City Council of the City of Hollister Authorizing to Release a Request for Proposal (RFP) to Consulting Firms/Consultants to prepare a feasibility Study for the city to create its own Dispatch/Live Information Center.

Received report from Police Chief Reynoso.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

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3. Resolution No. 2022-93 a Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with BrightView Landscaping Services to include additional sound wall zones and the City’s retention ponds, basins and planter strips

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

4. Resolution No. 2022-94 a Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with Smith & Enright Landscaping to include additional sound wall zones, park areas and the City’s retention ponds, basins and planter strips

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

5. Resolution No. 2022-95 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of Various Streets for the City of Hollister's Sesquicentennial Anniversary to be held on Saturday, July 9, 2022

Received report from Recreation Services Manager Garza.

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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

6. Resolution No. 2022-96 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of Various Streets for the City of Hollister's Sesquicentennial Anniversary to be held on Saturday, July 30, 2022

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

7. Resolution No. 2022-97 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of Various Streets for the City of Hollister Recreation Department Concert in the Parks series to be held on Thursday, August 25, 2022, Thursday, September 1, 2022, Thursday, September 8, 2022 and Thursday, September 16, 2022

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

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8. Resolution No. 2022-98 a Resolution of the City Council of the City of Hollister Approving Temporary Closure of Various Streets for the City of Hollister Recreation Department Movies Under the Stars series to be held on Friday, June 17, 2022, Friday, July 15, 2022, and Friday, August 12, 2022

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

9. Resolution No. 2022-99 a Resolution of the City Council of the City of Hollister to surplus City owned wrestling mats

Received report from Recreation Services Manager Garza.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

10. Resolution No. 2022-100 a Resolution of the City Council of the City of Hollister approving the proposal from Kimley-Horn and Associates, Inc. for Alley Topographic Surveys and authorizing staff to issue a task order for this work under the current on-call contract.

Received report from Assistant Engineer Builes.

RESULT: Adopted [Unanimous]
MOTION: Rick Perez
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

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11. Resolution No. 2022-101 a Resolution of the City Council of the City of Hollister Authorizing the City Manager to Execute a Professional Services Agreement with Lozano Smith Attorneys at Law for Interim City Attorney/Legal Services

Received report from City Manager Miller.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT: Morales

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Council Member Burns - reported he met with Fire Marshall Bedolla, as the Fire Department liaison, they discussed items of interest and budget.

Council Member Resendiz - reported Intergovernmental was canceled and Council of Governments is scheduled for this week.

Vice Mayor Perez - nothing to report.

Mayor Velazquez - nothing to report.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Council Member Burns - heard the City is having challenges in responding to the community in a timely manner. Promptness of returning calls and emails.

Requested Council consensus to adopt a policy to return calls and emails within 24 hours, including if staff is out of the office for two, three, four or more days, that there is a notification on their email. Concerns have been expressed from the Development Community recently. Has concerns in regards to having 4Leaf as our Building Team, and for a period of time, our Code Enforcement as well. Timing is good, as budget is approaching and would like to look at going back to full time employees. A building official or maybe a combination building official and inspector, and requested Council consensus. Thanked the City for having the weeds mowed at Sunnyslope and Clearview. It looks nice. Would like to see the weeds that were removed from Hillcrest at Memorial, looked at again, as they are growing back.

Clearview looks amazing and thanked staff for all the work. Requested we look at non permitted vending, and recognizes that Memorial and Hillcrest on the corner is not City property, but would like to look at that again. Requested Fire Department to agendized the conversation of how the Fires downtown would have been prevented had they had the resources to provide inspections. Would like to have a conversation on creating a Fire Bureau, and the resources necessary. He has heard A.2
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that the Fire Department is consistently over budget or the Fire Department is consistently under budgeted, and would like to hear the Fire Department's perspective on that during a Council Meeting. There is an AdHoc Committee for the Fire Department, and he would like to hear it at a public (City Council) Meeting.

Requested another Council Member please take on the Fire Department liaison position for personal reasons.

Council Member Resendiz - thanked City Manager Brett Miller and City Clerk Christine Black for being so responsive. He has been out talking to a lot of constituents and sends quite a few inquires and you are both so quick about getting back to me, thank you. Requested an update on speed cushions, as far as them being ordered and delivered.

City Manager Miller - stated we do have speed humps in and we have some back ordered. There are traffic studies still in progress.

Council Member Resendiz - Alvarado and Santa Ana we had another accident there last night. We have had several accidents there, can we do something about that area.

Vice Mayor Perez - about getting their plaque on the archway, if we may get consensus or talk about that later. Supports the Fire Prevention presentation.

Would like to add a vendor to the list Bank of America. Supports the magnetic shopping carts.

Mayor Velazquez - questioned the City Attorney, Mr. Burns resigned from one of the committees, and if we may appoint a Fire Department Liaison tonight or do we need to place that on an agenda for a future meeting.

City Attorney Epperson - stated that should be an agenda item for a future meeting.

Mayor Velazquez - the Fire Committee meeting is coming up soon, which is why he asked for tonight.

City Manager Miller - thanked Council Member Perez and Morales for joining him at the Ribbon Cutting Ceremony at ZeroAvia. It was great to see all the work that was done with a through the fence agreement, and they were very thankful for everything the City has done, and have plans for expansion in the near future.

Mayor Velazquez - stated three of our local high school students that are part of the Robotics Club received $15,000.00 each from Apple, as a scholarship and a computer. This is a really great program and he encouraged all the young people out there to get involved. Not only in this program, all the great programs the high school has to offer.

Council Member Burns - Questioned the City Clerk, as the Mayor and I met with her and our attorney from Best Best & Krieger (BB&K), this council asked for an update as it related to City Council Members making comments wearing their City Council stuff, and I recall that was discussed, and where do we stand on that. He thought there was going to be a letter to detail that.

City Clerk Black - stated she will follow up on that. It will be two memorandums, one on the constitutionality of Ordinance 1202, and the second on political campaigning A.2
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do's and don'ts. She believes it is in the review process and will provide the information as soon as it is received.

City Attorney Epperson - nothing to report.

Chief of Police Reynoso - thanked Captain Brooks who retired from the Hollister Police Department in 2009, came back to work for the City for multiple different jobs, mowing the lawn at the Airport, Code Enforcement, parking, anything that the City needed, he stepped forward and helped us. He is finally retiring for like the 10th time, and he is moving away. He wanted to publicly thank Captain Brooks, he has been a tremendous help, great Captain, always fun to be with, very knowledgeable, and the epitome of wanting to help the City. Thanked him for all his years of service and wished him the best in his 10th retirement.

City Clerk Black - the City Clerk's office will be bringing forward four Resolutions for ballot measures. She will be working with the Deputy City Clerk Romero to get those on the agenda. Deputy Clerk Romero will be clerking both meetings in June. City Clerk Black will be working for San Benito County Elections June 4-7, and will be out on vacation later in June.

Mayor Velazquez - requested the City Clerk provide the information we received on Public Comment response.

Council Member Burns - spoke for the City Clerk, and stated he could respond that during the committee meeting he was surprised, and that there has always been a universal perception that during Public Comment that Council Members are not allowed to respond. Attorney Priest informed us that ultimately that is not true, that Council Members may absolutely respond. He would like to see that in the Ordinance so that it is clear. There is value to that and it may we add that as a part of his white paper.

Mayor Velazquez - stated it is important to understand. Too many times, there have been people here claiming violation of Brown Act and run off and write stories and no one has violated the Brown Act for that. It is important for the public to understand the truth, the laws and how it really works. Campaigning here in the Chambers would not be appropriate.

3. Code Enforcement Violation Reports

Received presentation from Code Enforcement Officer Martinez.

Valerie Egland, addressed the Council.

Council directed staff to look at a fee study, placing liens on properties for fines, focus on life safety and blight issues. Have Code Enforcement be by person, with mail as a follow up. Six months follow up, and there should be a fee associated with that.

4. Ratify Youth Member Appointments to the Art and Culture Commission

Received report from City Clerk Black.

Council Member Burns - stated in reviewing the applications he can not say how excited he is, these two are all in. They are really going to make this committee take A.2
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off, and we need that perspective as well. This is a well rounded well balanced committee and he looks forward to seeing their work.

Mayor Velazquez - agreed with Council Member Burns, these two young people are non stop making things happen.

Vice Mayor Perez - stated that to see our youth stepping up to these types of committees. He is disappointed with the public participation at our meetings, especially this last Saturday. He thanked them for stepping up and being a part of these committees.

Council Member Burns - stated it was amazing and this Council gets some of the credit in this case, because these are not advisory positions, they are voting members, moving projects forward. That makes a world of difference too. Their voice matters and this Council recognizes that. Congratulations to the Council we have two people that he can't wait to see their work.

Council by consensus appointed the two youth Art & Cultural Commissioners Angelo Hillstock and Sarah Stopper.

RESULT: Consensus
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

5. Update on Downtown Gateway Monument Sign

Received report from Senior Support Services Caseres and Recreation Services Manager Garza.

She would like to bring this to the Art & Cultural Commission who responded that a monumental sign has history, and displays what our community is about and does this sign display that. She will bring this to our Art & Cultural Commission meeting tomorrow. This did not go to their original meeting, she had only sent them an email and each person responded individually and those were some of their comments.

Council Member Burns - stated he does not feel like this is time sensitive any longer and he requested to hear from the Art & Cultural Commission before we make a decision because otherwise why do we have a commission.

Council Member Resendiz - agreed with Council Member Burns. Whatever the Art & Cultural Commission decide, he will support that.

Mayor Velazquez - stated the photo renderings are nice. It still is time sensitive. We may not make August 6, but as soon as we can.

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Jeremy Vanderkraats from Signs by Van - stated as far as location, it will take two to three weeks, for Engineering to determine which spot will work. Those two areas seem to be feasible, and there was nothing that said there were a lot of utilities underneath. He could check both locations.

Council Member Burns - requested renderings not just from the South but going North on San Benito Street and receive that perspective. Would like this to go before our Commission and have Council Member Morales present. It looks amazing.

Council Member Resendiz - agreed with Council Member Burns and would like the Art & Cultural Commission to review and provide their input.

Jeremy Vanderkraats - stated he would make another rendering from North and South and walk downtown to show Council together what it would look like.

City Attorney Epperson - stated that would be a special meeting and would have to be agendized.

Council Member Resendiz - stated he does not need to go and look, but to please extend invitations to the 150th Committee, and the Art & Cultural Commission to go down and look at it.

Council Member Burns - stated it is hard to get a clear vision of how the pillars and bollards will look. He questioned if parking would be lost and how do we protect the sign.

Elia Salinas, addressed the Council.

Celeste Toledo Bacanegra, addressed the Council.

H. UNFINISHED BUSINESS

1. City Council Requests of City Staff

Received report from City Manager Miller.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY

1. Annual Report on the Hollister Successor Agency Low and Moderate Income Housing Asset Fund for Fiscal Year 2020-21

Received report from Housing Coordinator Saqqa.

Consensus was to accept the annual report on the Low and Moderate Income Housing Asset Fund (LMIHAF) and direct staff to submit the report to HCD and post the information on the City's website.

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L. ADJOURNMENT
There being no further business to discuss, Council Member Resendiz motioned to adjourn at 8:51 p.m. Motion seconded by Council Member Burns and carried by a 4 -0- 0-1 vote, Council Member Morales was absent.

Respectfully submitted,

Christine Black
City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 27, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY SUZANNE AGUILAR

BRIEF DESCRIPTION: A claim against the City was filed by Suzanne Aguilar on May 18, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: A claim against the City was filed by Suzanne Aguilar on May 18, 2022. Staff has sent a copy of this claim to the City’s Risk Manager/Claims Adjuster and recommends denial of the claim. Staff furthe r requests authorization to send the Notice of Rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. Claim against the City - Suzanne Aguilar_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager

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Received
CITY OF HOLLISTER MAY 1 8 2022
CLAIM FORM By:--1-7"........._~--==-
(To Be Completed By Claimant)
Address
Address to Which Response Should be Sent ___ ~~~~~--------~-=---- Date and Time of Occurrenc ------------'""'-""-"'....a.J.->-----'-f--'-----=------- W i tn es s es to Occurrence (Name and Address) _______________ _ Amount of Claim ___ ____.,j]) __ \ '5 ____ f:j--'''--l)l) ____________ _ (Attach supporting invoices, etc.)
City Employees Involved ___.\kwJ»c~~~0v\"-'--'--~l....-..tltf__..&----=%__........C ............. ~------- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date __ Q_-__,_~-=------=------=-->----Signature
Send completed form to:

City Clerk
City of Hollister
375 Fifth Street
Hollister, CA 95023
(831) 636-4300, X 16

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Suzanne Aguilar
From:

Sent:

To:

Subject:

John Cosentino
Thursday, April 14, 2022 9:57 AM
Suzanne Aguilar
RE : Painting of Emergency strip near fire hyd ra nt
Tha t w ould be the City of Hollister Public Works dep artment.

From: Suzanne Aguilar
J oln1 Cose11tit10
Paci ities & Grounds
Manager
Phone: 831-207-8343
Email: [email protected]
Sent: Thursday, April 14, 2022 8:09 AM
To: John Cosentino
Subject: Painting of Emergency strip near fire hydrant
CAUT ION: This email o riginat ed from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders .

Good Morning!
Who would I contact regarding the red paint that was done yesterday near the hydrant at 720 Vali Way? Thank You!
Suzanne Aguilar ----------
I

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Suzanne Aguilar
From:

Sent:

To:

Subject:

Attachments:

Good Morning!
Suzanne Aguilar
Monday, April 18, 2022 9:06 AM
Derrick Speights
RE: Red Paint on Wednesday 4/13
paintoncar1 Jpg; paintoncar3Jpg; paintoncar2.jpg
Ple ase see the attached photos. Is it possible to get a claim form online? Suzanne
From: Derrick Speights
Sent: Monday, April 18, 2022 8:42 AM
To: Suzanne Aguilar >
Subject: RE: Red Paint on Wednesday 4/13
Good morning, sorry to hear this . Please contact city hall to get a claim form. Can you please send me pictures.

Thank you.

From: Suzanne Aguilar
Sent: Friday, April 15,
To: Hydie McDonald ; Derric k Speights
Subject: Red Paint on Wednesday 4/13
Goo d afternoon!
The emergency strip that was painted red near the fire hydrant at --Wednesday, was sprayed onto my front righ t section of my parked ca r. Please advise on what I need to do? My car was parked more that 7 feet past the line and was over sprayed with red paint?
Thank You!
Suzanne Aguilar --------■-
1 A.3.a
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Pristi~e Detailing Boutique
us
+1 6692395284
p<[email protected]

INVOICE

BILL TO
Suzan ne Aguilar

SERVICE
Sa les

DESCRIPTIO
Exterior due to paint overspray

BALANCE DUE

Page 1 ends

INVOICE
DATE
TERMS

DUE DATE
QTY
1003
05/12/2022
Net 30
06/11/2022
RATE
150.00 150.00
$150.00

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_I _I

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. .

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 26, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-104, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES)

AUTHORIZING THE ANNU AL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 2 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

DEPARTMENT SUMMARY: On July 6, 1995 the Council of the City of Hollister passed, approved, and adopted Resolution No. 95-95, establishing the formation of Community Facilities District No. 2 (“CFD No. 2” or the “District”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and Resolution, parcels would be levied within the District which are not otherwise exempt from taxation under the Act or the Resolution of the special tax for fiscal year 2022/23 The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by Resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem property taxes are collected, and is subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

FINANCIAL IMPACT: The property owners will pay all costs associated with the District. Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different.

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

ATTACHMENTS:

1. Exhibit A. Resolution to Levy CFD No. 2 Special Tax for FY23

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

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Brett Miller, City Manager

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RESOLUTION NO. 2022-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND

FIRE SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertaken proceedings and established Community Facilities District No. 2 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982 (the “Act”) to authorize t he levy of special taxes upon land within the District; 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 City Council, by Resolution No. 95-95 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt from taxa tion under the Act or the Ordinance the special taxes for fiscal year 2022/23 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2022/2023 Roll”)

SECTION 3

That the rate determined and as set forth above does not exceed the amount as previously authorized by Ordinance of this City Council, and is not in excess of that as previously approved by the qualified electors of the District, and is exempt from Proposition 218, Section XIIID of the California State Constitution.

SECTION 4

That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of police and fire services for parcels within the District, as well as incidental A.4
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expenses of the District, including costs incurred to determine the amount of and collection of special taxes and costs otherwise incurred to carry out the authorized purposes of the District. The proceeds shall not be used for any other purposes.

SECTION 5

The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes, and the tax collector is hereby authorized to deduce any reasonable administrative costs incurred in collecting any said special tax.

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”).

The County Auditor is hereby directed to enter in the next County assessment roll on which taxes become due, opposite each lot or parcel of land effected the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit A.

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2022/23.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-104, 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 of said Council held on the 6th day of June, 2022, 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 this City Council day of June, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 2
(Police and Fire Services)

FISCAL YEAR 2022/23

SPECIAL TAX RATES

Base Year for CFD No. 2 Tax FY 22/23 Maximum Tax Rate
FY 1995 $531.88
FY 1999 $490.49
FY 2000 $472.54
FY 2003 $418.45

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 26, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-105, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 4 (Public Facilities) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister as the legislative body of Community Facilities District No. 4 (Public Facilities) authorizing the annual levy of Special Taxes for Fiscal Year 2022/23.

DEPARTMENT SUMMARY: On July 21, 2014 the Council of the City of Hollister passed, approved, and adopted Resolution No. 2014 -143 establishing the formation of Community Facilities District No. 4 (“CFD No. 4” or the “District”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and Resolution, parcels would be levied within the District which are not otherwise exempt from taxation under the Act or the Resolution of the special tax for fiscal year 2022/23. The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by Resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem property taxes are collected, and is subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

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

ATTACHMENTS:

1. Exhibit A. Resolution to Levy CFD No. 4 Special Tax for FY23

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

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Brett Miller, City Manager

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RESOLUTION NO. 2022-105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC

SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertaken proceedings and established Community Facilities District No. 4 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982 (the “Act”) to authorize the levy of special taxes upon land within the District; 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 City Council, by Resolution No. 2014-143 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt from taxation under the Act or the Ordinance the special taxes for fiscal year 2022/23 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of t he special tax for each lot or parcel of land in accordance with this Resolution (the “2022/2023 Roll”)

SECTION 3

SECTION 4

That the proceeds of the special tax shall be used to pay, in who le or in part, the costs of maintaining certain public facilities for parcels within the District, as well as A.5
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incidental expenses of the District, including costs incurred to determine the amount of and collection of special taxes and costs otherwise incur red to carry out the authorized purposes of the District. The proceeds shall not be used for any other purposes.

SECTION 5

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”).

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2022/23.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-105, 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 of said Council held on the 6th day of June, 2022, 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 this City Council day of June, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 4
(Public Services)

FISCAL YEAR 2022/23

SPECIAL TAX RATES

Tax Zone Tax Per Tax per Tax per Tax Per
Number DU SFD MF Acre
1 499.37$ 499.37$ 499.37$ 3,483.43$
2 688.11$ 688.11$ 688.11$ 4,856.45$
3 480.02$ 480.02$ 480.02$ 4,621.27$
4 167.89$ 167.89$ 167.89$ 5,045.96$
5 260.11$ 260.11$ 260.11$ 3,449.97$
6 969.50$ 969.50$ 969.50$ 7,493.59$
7 922.20$ 922.20$ 922.20$ 11,505.24$
8 N/A 248.29$ 156.07$ N/A
9 425.63$ 425.63$ 425.63$ 3,602.95$
10 756.68$ 756.68$ 756.68$ 3,456.82$
11 378.34$ 378.34$ 378.34$ 5,226.33$
12 N/A N/A N/A 5,479.77$
13 1,122.45$ 1,122.45$ 1,122.45$ 5,366.12$
14 N/A 1,904.28$ 1,449.36$ 15,943.84$
15 1,050.71$ 1,050.71$ 1,050.71$ 5,366.12$
16 N/A 1,386.23$ 1,136.80$ 23,239.20$
17 N/A 1,591.51$ 1,304.56$ 11,376.79$
18 N/A 573.92$ 320.07$ 6,887.00$
19 N/A 2,103.05$ 1,682.44$ 9,211.99$
20 N/A 2,774.40$ 2,219.52$ 14,712.48$
21 N/A 2,250.16$ 1,800.54$ 14,580.47$
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 26, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Adrianna Ortiz, Acting Planning
Director
CONTACT: Eva Kelly, Interim Planning
Manager
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-106, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES)

AUTHORIZING THE ANNU AL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 5 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2022/23.

DEPARTMENT SUMMARY: 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”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and Resolution, parcels would be levied within the District which are not otherwise exempt from taxation under the Act or the Resolution of the special tax for fiscal year 2022/23. The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by Resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem property taxes are collected, and is subject to the sa me penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

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

ATTACHMENTS:

1. Exhibit A. Resolution to Levy CFD No. 5 Special Tax for FY23

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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RESOLUTION NO. 2022-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND

FIRE SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2022/23

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertaken proceedings and established Commun ity Facilities District No. 5 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello -Roos Community Facilities Act of 1982 (the “Act”) to authorize the levy of special taxes upon land within the District; 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 City Council, by Resolution No. 2018-197 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt f rom taxation under the Act or the Ordinance the special taxes for fiscal year 2021/22 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2022/2023 Roll”)

SECTION 3

SECTION 4

That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of police and fire services for parcels within the District, as well as incidental A.6
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SECTION 5

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”).

The County Auditor is hereby directed to enter in the next County assessment roll on which taxes become due, opposite each lot or parcel of land effected the installment of the special tax, and for the exact rate and amount of s aid tax, reference is made to the attached Exhibit A.

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2022/23.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-106, 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 of said Council held on the 6th day of June, 2022, 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 this City Council day of June, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 5
(Police and Fire Services)

FISCAL YEAR 2022/23

SPECIAL TAX RATES

Land Use Class Description
Fiscal Year 2022/23
Maximum Special Tax per
Unit
1 Residential Property $882.24 per Unit
2 Multi-Family Property $722.86 per Unit
No Tax for Undeveloped Property
No Tax for Tax-Exempt Property

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 31, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300
TITLE OF ITEM: RESOLUTION NO. 2022-107, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF 6TH STREET, BETWEEN MONTEREY STREET AND SAN BENITO STREET, ON JUNE 25, 2022, FOR THE PRIDE EVENT SPONSORED BY THE SAN

BENITO COUNTY BEHAVIORAL HEALTH DEPARTMENT

BRIEF DESCRIPTION: This Resolution will authorize the closure of 6th Street, between Monterey Street and San Benito Street, on June 25, 2022, for the Pride Event sponsored by the San Benito County Behavioral Health Department.

DEPARTMENT SUMMARY: The San Benito County Behavioral Health Department is sponsoring a Pride Event on Saturday, June 26, 2022, and are requesting the temporary street closure of 6th Street, between Monterey Street and San Benito Street, from 10:00 a.m. to 3:00 p.m. The appropriate City Department Heads have reviewed and approved the public assembly application and block party street closure application (attached). Staff recommends that Council approve the temporary street closure for public safety.

FINANCIAL IMPACT: Staff time, set up and take down.

CEQA: N/A

ATTACHMENTS:

1. Street Closure - Pride Event June 25, 2022 - approved_Redacted

2. Public Assembly - Pride Event June 25, 2022 - approved_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager

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RESOLUTION NO. 2022-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF 6TH STREET, BETWEEN
MONTEREY STREET AND SAN BENITO STREET, ON JUNE 25, 2022, FOR THE

PRIDE EVENT SPONSORED BY THE SAN BENITO COUNTY BEHAVIORAL

HEALTH DEPARTMENT

WHEREAS, the San Benito County Behavioral Health Department is sponsoring a Pride Event on Saturday, June 25, 2022; and

WHEREAS, the community Pride Event will provide information regarding services for LGBTQ+ people, and provide family friendly music and performances with the goal to reduce the stigma of the LGBTQ+ community; and
WHEREAS, the Pride Event will take place on the 300 block of 6th Street, between San Benito Street and Monterey Street, from 10:00 to 3:00 p.m. and is open to the community.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves that temporary street closures pursuant to the following will ensure Public Safety:

Closure of 6th Street from Monterey Street to San Benito Street from 10:00 a.m. to 3:00 p.m.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is necessary for the safety of persons and that Powell Street, South Street, and East Street will be used during the temporary closure.

Public Works will be responsible for traffic control, including re-routing of traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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Mary F. Lerner, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-107, 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 of said Council held on the 6th day of June, 2022, 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 this City Council day of June, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DocuSign En velope ID : C50B1E4F-873D-4D27-83CE-217E 15B DF829 0 -.., ,
,.._ .., ...
!.1,.1 -C
0 I = Road closure barrier
= Booth lo cations against sidewalk
= Mus ic/Entertainment stage
2022 Pride Event
Sponsored by San Benito County
Behavioral Health
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DocuS ign Envelope ID: CSOB1E4F-873D-4D27-83CE-217E15BDF829

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: (street}, from ,-\., ____________ (street) to _____ --_,.,_, ___ (street), on Alternate Contact Person for day of Neighborhood Block Pa Name: ,, --w..., Cell phone No.:

Please provide a map of the party that shows the set up , and provide room in the middle of the street for emergency vehicle use, in case of an emergency. s~ A~~~
comments from Engineering: Provide road closure signage and advance warning signs to warn approaching drivers in each direction.

DocuSlgned by: FOR CITY
S6
OocuSlgned by:
~,tbTulA, u eu.,.,/J
Fire C ief;nff ~Uu-
Services Director City Manager
~j;={¼~
9CC504 EF775 143B ...
[~lg;~
3M9299A988646C ...

Development services Director 5/26/2022 Engineering 5/25/2022

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DocuS ign Envelope ID: C50B 1E4F-873O-4O27-83CE-217E15BDF829 Block Party Street Closure Resident's/Businesses S ignatures Street to be closed: ------------------
from
,,,.
"--,..-"! ....
on the !"\
_...,
and -., rv ., _______ for a Neighborhood Block Party.
\ c. t h und e rsigned do hereb support and con _ nt to the ab Ye street being cl ed ha ed o n the infonnati n pro ided ab ve .

RE SIDENCE
-l
5 6
i
Q
it~ or T O\\n (C-rudad" wcmidw/J
JO Residence AddttSS O 'L). (SO LO I~ Jm.,.,_ ..,, Jundt , ,. I (Duplicate thi page as needed in order t ubmit the majori in the affected area .

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DocuS ign En velope ID: C50B 1E4F-873D-4D27-83CE-217E15BDF829 State of California
County of San Benito
}
}
}

AFFIDAVIT
I, :< ~ 1-.-affirm that the signatures included with
the Block Party Permit are from a majority of residents/businesses in the affected area were obtained by me and are in support of:

The temporary closure of:
-.
day of ___ , .. _c ____ , 20 ___::___--; between the hours of:
-,
________ and ___ ~_-<_,. ___ for a Neighborhood Block Party. (Start time ) (End tim e)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature:

Date: -:::::. " C' 0.,,...,-

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DocuSign Envelope ID: C5081E4F-873D-4D27-83CE-217E15BDF829

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT ....,1, • l-\, its employees , agents , officers, representatives , contractors , heirs and assigns , (collectively "Applicanr), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees , officers , agents , or contractors , (collectively "City"), for death , personal injury, property damage , or any other damages which Applicant may have or suffer , or wh ich may hereafter accrue , as a result of the :
::J Block Party
o Parade
Public Event
:::J Banner/Flag
Other _________ _
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents , whether of a serious or minor nature , occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister; and that participants may occasionally sustain mortal or serious personal injuries, and/or property damage , as a consequence thereof. Knowing the risks of the Act ivity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER RELEASE AND ASSUMPTION OF RISK is to be binding on Appli cant, and such individuals or entities comprising Applicant , and Applicant will make no claim against , sue , attach the property of, or prosecute the City for injury or damage or econom ic loss resulting from the negligence or other acts or omissions, howsoever caused , of City, as a result of Applicant's participation in, or City's authorization of the Activity, or any other act or omission of City relating to t he Activity .

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a ) Any and all claims , demands , causes of action , damages , costs , expenses , losses , or liabilities , in law or in equity, of every kind and nature whatsoever, for, but not limited to , injury to or death of any person including Applicant, and damages to or destruction of any property of City or Applicant , or any economic loss suffered by Applicant. arising out or of in any manner directly or indirectly connected w ith the Activity however caused and regardless of whether or not caused in part by the City . (b) Any and all damages. costs , expenses , or penalties , imposed on account of the violation of any governmental law or regu lation , compliance with which is the responsibility of Applicant.

Applicant shall , at its own cost , expense and risk , defend all suits , actions , or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relating to the Activity, or to enforce any penalty relating to the Activity . Applicant shall pay and satisfy any judgment, award , decree or penalty assessment that may be rendered against City, in any such suit, action or other legal proceedings . Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing th is Agreement.

Notwithstanding the foregoing , noth ing herein shall be construed to require Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of the City . . .

DATE

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DocuS ign Envelope ID : CS0B1E4F-8730-4027-83CE-217E15BDF829 Date Received
By City Clerk 5 -1.....o-LO 1. L
ANTIC1PATED RETURN P£/U/JT
ATTENDEE,S "1TH1N
1000+ 60+ da ys
0-1000 45+days

CITY OF HOLLISTER

PUBLIC ASSEMBLY PERMIT
Please complete the permit application and return to the City Clerk within the prescribed time period referenced abo e . Should ou need further space to respond to these questions please use page 7 or attach your responses to this application. Please attach Certific.ate of Insurance to this application.
l . Applicant
Name Address
2 . Sponsoring group(s):
ame Address
Public Assembly Pmnit
Phone
h:
\!:
email:

Phone
h: -
w:
email:
h :
email:

Page I of9

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DocuSign Envelope ID: C50B1E4F-873O-4O27-83CE-217E15BDF829

3. The person in charge of the Event:

IN™ ,~ ,~

4. Will monitors or security personnel be employed
during the e ent?
YES O If yes please list below:

Name Address~ Phone
·--....._ h:
w :
h: ,-.
w :
5 . Emergency contact (other than the person in charge of the E ent):

6. If private property please list all property owners:

Name
Public Aumlbly Pmni1
Phone
h:
w:
b:
w:

Page 2 ends

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Docu Sig n Envelope ID : C50B 1E4F-873O-4 D27-83CE-2 17 E15BDF829

7. Please describe the nature of the e v ent:

8. Date and t i me of the Ev ent :

I Date : I Start Time: I Finish Time:
9 . Please describe the locati on of the Event, including its boundaries :_J _C_........:::~=........:::-

11. Please describe the number o f vehicles, animals and/or structures that will be used in the E ent:

Items Number Describe
Vehicles
Animals
Structures
Other
Publ ic Assembl y Permit Page 3 of9

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DocuSign Envelope ID : C50B1E4F-873O--4O27-83CE-217E15BDF829

12. Please pro ide a brief description of any sound amplification equipment and illumination to be used at the Event:

Item Number of Units T Location
Sound/ Amplification
Illumination
Other
l 3. Please provide a brief description of any construction of signs or banners to be used for the Event:

Type Number Materials Location
Banner
Signs
14 . Are there parking requirements for the Event: YES 0 Please describe: --------------------------
15 . Will you pro ide water stations YES NO If yes, bow many? Location(s):

Will you provide first aid? YES N"9 If yes, bow many?
Location s):

Will you provide comfort stations YES 0 If yes, how many? (portable restrooms)
Location(s):

Pub lic bly Permit Pagc4 of9

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DocuS ign Envelope ID : C50B1 E4F-873O-4027-83CE-217E15BDF829

16. Will there be endors at the E ent?
Please describe:

YES 0 If yes how many? ___ _
Tvoe Number Descriptio~ I Business License
Food ~
Drinks
"-
Other "

17. Please list any and alJ go emment agencies requiring a permit for the Event Permit Descri tion Current Status
l
ADDITIONAL INFORMA TIO (PARADES):

1. Parade assembly wiU begin to assemble at:. _____________ _

2. Parade assembly point will be: __________________ _

3. Parade route will be: __ .:,.,..... __________________ _ 4 . Interval space to be maintained between units: __ ..::.... _________ _

5. umber of Floats: _____ _ Other Vehicles:_....:__ _______ _ Sizes: _____________ _
Public Assembly Permit Page 5 of9

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DocuS ign Enve lope ID : C50B1 E4F-873D-4D27-83CE-2 17E 15BDF829

RELEASE AND WANER OF LIABILITY AND INDEMNITY AGREEMENT
<..n_ • r \ -. .. \ v , . Its employees, agents, officers. representatives, contractors, heirs and assigns, (collectively "Applicant"), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:

Block Party
Parade
o Publ ic Event
o Banner/Sign
o Other _________ _
(''the Activity"). Thl.s RELEASE Is intended to discharge the City In advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or m i nor nature, occasionally occur during the course of an Activity s u ch as that for which Applicant h as requested permission from the City of Hollister, and that participants may occasionally susta in mortal or serious personal injuri es, and/or property damage. as a consequence th ereof. Knowing the risks of the Activity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the C ity regardless of whether or not any injury or damage i s caused in part by the City.

It is further understood and agreed tha t this WAIVER, RELEASE ANO ASSUMPTl ON OF RISK is to be binding on Applicant, and such i ndividuals o r entities comprising App l icant, and Appl icant will make no c laim aga inst . s ue . attach the pr operty of, or prosecute t h e C ity for injury or damage or economic loss resu lti ng from the negligence o r oth er acts or om issio ns , howsoever caused , o f City , as a res ult of App licant's participation in , or C i ty's authorization of the Activity, or any other act or om ission of City rela ting to th e Activity .

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from :
(a ) Any and a ll claims . dem ands, causes of action, damages, costs, expenses , losses, or liabilities, in law or in equity, of every kin d and nature whatsoever, for, but not lim ited to. injury to or death of an y person i ncludin g Appli can t. and damages to or destructi on of any property of City or Appr.cant. or any econom ic loss suffered by Applica nt ari sin g out or of in any manner directly or ind irectly connected with t he Acti v ity, however caused and regardless of whether or not caused in part by the City. (b) Any and an damages, costs , expenses , or penalties , imposed on account of the vi olation of any governmental law or regu lation , compliance with wh ich is the responsibility of Applicant.

Applicant shall , at its own cost, expense and ri sk , defend all suits , actions, o r other legal proceedings of every k ind th at may be brought o r in stituted by th ird persons aga inst the C ity, relating to the Activity, or to enfor ce an y pen alty relati ng to th e Activity. Applicant sha ll pay and satisfy a ny j udgment, award , decree or penalty assessment that may be re ndered aga inst City, in any such suit , action or other legal proceed ings. Applicant shall rei mburse City for any and all lega l expenses and costs incurred by City in connection therewi th or in enforcing th is Agreement
Notwithstanding the foregoing , nothi ng h ere in sh all be constru ed to requ ire Applicant to indemnify the City from any claim arisi ng from the sole neg ligence or wi ftfu l m isconduct o f the C ity.

DATE
Pu b lic Assonbly Perm it Pa gr 8 of 9

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DocuSign Envelope ID: C50B1E4F-873D-4D27-83CE-217E15BOF829 CERTIF ICATE NO. ISSUE DATE
GL 1-18942 co CERTIFICATE OF COVERAGE
Public Risk Innovation,
Solutions, and Management
C/0 ALLIANT INSURANCE SERVICES, INC.

POBOX6450
NEWPORT BEACH , CA 92658-6450
PHONE (949) 756-0271 / FAX (619) 699-0901
LICENSE IOC36861
Member:

SAN BENITO COUNTY
ATTN : GABRIEL OROZCO
48 1 FOURTH STREET
HOLLI STER, CA 95023-3884
Coverages

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED

COVERAGE

AFFORDED
IONAL requeslwlg a WAIVER OF
ust be endorsed. A statemen on this c:ertificate does
such endorsemen si
A-Public Riak Innovation, Solutions, and Management
B
C
D

THIS I S TO CERTIFY THAT THE MEMORANDUMS OF COVERAGE LISTED BELOW HAVE BEEN ISSUED TO THE MEMBER NAMED ABOVE FOR THE PERIOD I DICATED. NOTWITHSTANDING ANY REQUIREMENT, T ERM OR CONDrTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTI FICATE MAY BE ISSUED OR MAY PERTAI . TH E COVERAGE AFFORDED B Y THE MEMORANDUMS DESCRIBED H EREIN IS S UBJECT T O ALL THE TERMS . EXCLUS IONS. AND CONDITIONS OF SUCH MEMORANDUMS. LI M ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
co
LTR
A

TYPE OF COVERAGE
~ Excess General Liability
~ Auto U abifity

MEMORANDUM
NUMBER
PRI SM 2 1 EL-"7
Des cription of Operations/loca ·ons/Ve hi cles/Special Items :

COVERAGE EFFECTIVE COVERAGE EXP IRATION

DAT E OA E
07/01/2021 07/01/2022

LIABILITY LIMITS
$1 ,000.000
S1 .000.000
,nc:tU$iw or Ille Member's
$elf-ln5ured Retention d
s ,.000 .000
AS RESPECTS EVIDENCE Of COVERAGE FOR AGREEMENT BETWEEN SAN BENITO COUNTY BEHAVIORAL HEAL TH AND CITY OF HOLLISTER FOR ANNUAL PRIDE EVENT TO BE HELD 6TH STREET BETWEEN SAN BENITO STREET AND MONTEREY S TREET.

Certificate Holder

C ITY OF HOWSTER
375 FIFTH STREET
HOLLISTER. CA 95023
Cancellation
c OESCRISEO EUORANDJMS CW CO\/EAAGES BE CANCElLE
EXF!liVo.TlC)Nil,I\TE EOF NO BE -' ACCORDANCE
S CW COVERAGE PROVIS10N$.

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****************************************************************************** APPLICA TIO:\ IS:
(i] APPRO ED
□ DE . ·1ED
□ RET R "ED
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IIAIJS/~ OF POLICE
5/25/2022
E pl anati n: -----------------------------
□ THI PER.\1JT REQ IRES FURTHER . FOR.i\11 TI O!\:

Explanation : ____________________________ _
□ THI PER..\lt!T REQ LRES THE FOLLO\l ~G CO . DrTIO . r F RTHER APPROV L BY:
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5/25 /2022
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DIRECTOR 5/25 /2022
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Engineering
P ge 6 o l

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: May 13, 2022 AGENDA ITEM: Public Hearings
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY OF

HOLLISTER AMENDING THE PARKING TIME RESTRICTIONS ON THE NORTH

AND SOUTH SIDE OF FIFTH STREET BETWEEN WEST STREET AND MONTEREY STREET AND REVOKING RESOLUTION NO. 2000-116 NEIGHBORHOOD

RESIDENTIAL PERMIT PARKING

DESCRIPTION: This amendment to section 10.24.040 section of the Hollister Municipal Code will removing time parking restrictions on Fifth Street between West Street and Monterey Street and revoke the outdated Resolution No. 2000 -116 Residential Permit Parking.

RECOMMENDATION: Hold public hearing, read by title only, waive full re ading, and INTRODUCE an Ordinance of the City of Hollister Amending Chapter 10.24.040 – Parking time restrictions removing time restrictions on Fifth Street b etween West Street and Monterey Street and Revoking Resolution No. 2000-116 Residential Permit Parking.

DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints from residents concerning parking time restrictions on Fifth Street and on East Street.

The issue came up when a new parking enforcement officer was assigned to enforce the ordinance. It was discovered the area was not being enforced due to the previous parking enforcement officer recognizing the vehicles belonging to the residents living on Fifth Street between West Street and Monterey Street and on East Street between Fourth Street and Third Street. The parking officer should not have decided not to enforce the ordinance. The proper procedure is to address the issue by enforcing the ordinance or come back to council to amend the ordinance as we are doing now.

Furthermore, a local resident was able to confirm there was a previous city resolution establishing a Neighborhood Residential and Downtown Residential Permit Parking Area. The resolution, No. 2000-116 was passed by council but it was apparently never codified into the Municipal Code. After a few years, the city department in charge of the program stopped issuing permits and the resolution ceased to be enforced.

The residential permit program is now seriously outdated and unenforceable. The program required surveys that have not been completed, the wording is confusing and the time restrictions noted in the resolution have since changed. Additionally, managing an updated residential parking permit program is not recommended for the following reasons:

1. A residential parking permit program would require considerable staff time to E.1
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implement and to manage. There would be a need to establish a procedure to not only confirm if an applicant is eligible but also to renew permits, deal with violations of the permit, replace lost or stolen permits, manage transfers of the permits and conduct other duties required to have a successful program. The previous permits were issued with no fees. An updated program would and should require a fee to offset the staff time associated with running the program.

Since there are so few participants for a program, it would require a very large permit fee to offset the costs.

2. Almost all of those affected by time restrictions on Fifth Street have access to an alley at the rear of their property and have driveways or garages accessible to the alley. Those home owners could use their alleys access and or garages.

3. At the time of the implementation of the time restrictions, the San Benito Superior Court was located at the corner of Fifth and Monterey. One of the major reasons for the time restrictions was for those drivers conducting business at the courthouse. Now the new court is located on Fourth and Monterey Street and it has its own parking lot.

4. If the city elects to continue or update a downtown residential parking permit program, this will increasingly be a problem as more and more residential units are built in the downtown area. There is an 80 apartment complex being proposed which would then open the door for 80 or more requests for parking permits. If 80 vehicles are allowed to park in the downtown area, it will start to limit where the customers or downtown business owners and employees can park.

5. The Briggs Parking Building should not be used for private parking of downtown residents. The parking structure was built for downtown customers, business employees and Gavilan College Students (Tenants of the building). Allowing permit parking in this structure other than the permits already approved would not be recommended by staff. This will create additional problems and concerns including security concerns and tax expenditures for the benefit of few residents.

6. Anyone who owns or drives a car who is interested in renting a downtown apartment with no assigned parking spot should take that into consideration when they decide to rent one of those apartments. The city should not facilitate the parking needs of those residents at the expense of losing the use of the Briggs Building for other city residents, customers or students.

7. Other uses for the Briggs Building include public safety needs. The Police Department has an office and is soon opening a substation in the building.

During Rally and other major events, the Briggs Building has been used as an incident command center with parking for outside public safety personnel. If the Building is used as a 24/7 permit parking facility, that would complicate or take away completely the ability to use that facility for an incident command.

The Police Department would like to amend the current parking time restriction ordinance to remove time restrictions on Fifth Street between West Street and Monterey Street.

The police department would also like to revoke resolution no. 2000 -116 to eliminate formally the Neighborhood Residential and Downtown Residential Permit Parking Areas program.

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The ordinance will read as follows under TITLE 10 – Vehicles and Traffic and will include the amended section to the city municipal code, 10.24.040 – Parking time restrictions on certain streets. Changes are designated in the removal of text in red font.

10.24.040 Parking time restrictions on certain streets.

A. Whenever any ordinance or resolution of this city restricts the parking time of any vehicle on any street or portion thereof, or any lot, and signs are in place giving notice thereof, no person shall stop, stand or park any vehicle for a period of time longer than as permitted by such ordinance or resolution and as indicated by such signs at any time between the hours of 8:00 a.m. and 5:00 p.m. of any day except Sundays and holidays.

B. One-hour parking. The streets for one-hour parking shall be as follows:

1. The west side of East Street beginning at the south line of South Street and thence running southerly to a point 200 feet, more or less;

2. Both sides of Hawkins Street between San Benito Street and East Street;

3. The north side of Hawkins Street beginning at the west line of San Benito Street and running westerly to a point 75 feet, more or less;

4. The south side of Hawkins Street beginning at a point that is 33 feet east of the center line of East Street and thence running easterly 145 feet, more or less;

5. The west side of East Street beginning at a point that is 40 feet south of the center line of Hawkins Street and thence running 80 feet, more or less;

6. The east side of East Street beginning at a point that is 62 feet south of the center line and the nce running 64 feet, more or less.

C. Notwithstanding the generality of subsection A of this section, no person shall stop, stand or park any vehicle in the following portions of the central traffic district between the hours of 8:00 a.m. and 5:00 p.m. of any day except Sunday and holidays for a period of time longer than 3:00 hours on city streets in the central traffic district.

D. Parking restricted for refuse collection. Notwithstanding the generality of subsection A of this section, no person shall stop, stand or park any vehicle for a period of time longer than as permitted by posted signs in the following streets to allow refuse collection:

1. Fremont Way between Mapleton Avenue and Towne Alley;

2. Towne Alley between Fremont Way and Central Avenue;

3. Hodges Alley between Fremont Way and Central Avenue.

E. Three-hour parking. The streets for three-hour parking shall be as follows:

1. The west side of Sunset Drive beginning at a point that is 150 feet north of the center line of Southside Road, thence running northerly for a distance of 250 feet, more or less;

2. Along both the east side and west side of Ladd Lane beginning at a point that is 52 feet south of the centerline of Talbot Drive and ending at a point that is 183 feet northerly of the centerline intersection of Southside Road;

3. Along the south side of Santa Ana Road beginning at a point that is 55 feet east of the center line of La Baig Drive, thence continuing easterly 605 feet, more or less;

4. The north and south side of Fifth Street between Monterey Street and West Street;

5. The south side of Flora Avenue beginning at the west side of San Felipe Road thence running westerly to the west end, 805 feet, more or less;
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6. Both sides of Gateway Drive beginning at the west side of San Felipe Road thence running westerly to the west end encompassing the cul-de-sac, 1,030 feet, more or less;

7. Both sides of Maple Street beginning at the east side of San Felipe Road thence running easterly to the west side of Sally Street, 480 feet, more or less.

F. Three-hour parking between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. The streets for three-hour parking between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday shall be as follows:

FINANCIAL IMPACT: No financial impact. Possible loss in revenues into the City’s general fund in the form of fines paid by violators.

CEQA: N/A

ATTACHMENTS:

1. Res 2000-116

2. Proposed revision 10.24.040___Parking_time_restrictions_on_certain_streets.

3. New 10.24.040___Parking_time_restrictions_on_certain_streets.

4. Ord. 1211 - 1st Reading Public Hearing Proof

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager

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ORDINANCE NO. 1211

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE PARKING TIME

RESTRICTIONS ON THE NORTH AND SOUTH SIDE OF FIFTH STREET BETWEEN WEST STREET AND MONTEREY STREET AND REVOKING RESOLUTION NO. 2000-116 NEIGHBORHOOD RESIDENTIAL PERMIT PARKING

WHEREAS, as currently written, Municipal Code section 10.24.040 E.4, restricts parking on the north and south side of Fifth Street between Monterey Street and West Street to three hours; and

WHEREAS, on June 19, 2000, the City of Hollister (“City”) adopted Resolution No. 2000-116 Establishing Neighborhood Residential and Downtown Residential Permit Parking Areas in the City of Hollister; and

WHEREAS, one intent of Municipal Code section 10.24.040 and Resolution No. 2000-16 was to ensure that there was adequate parking available for citizens conducting business at the San Benito Superior Court previously located at the corner of Fifth Street and Monterey Street; and

WHEREAS, the San Benito Superior Court has relocated and the new location has a dedicated parking lot; and

WHEREAS, Municipal Code section 10.24.040 E.4 has not been enforced; and

WHEREAS, the Municipal Code section 10.24.040 E.4 time restrictions are affecting local residents; and

WHEREAS, Resolution No. 2000-116 has not been enforced; and

WHEREAS, staff recommends the elimination of parking time restrictions on the North and South side of Fifth Street between West Street and Monterey Street; and

WHEREAS, an amendment is needed to remove the time restrictions; and

WHEREAS, staff also recommends revoking resolution No. 2000-116 in its entirety to eliminate the Neighborhood Residential and Down town Residential Permit Parking Areas; and

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

The City Council of the City of Hollister Revokes Resolution No. 2000-116 Establishing a Neighborhood Residential and Downtown Residential Permit Parking Area; and

The ordinance of the City of Hollister amending the parking time restriction ordinance to the Hollister Municipal Code TITLE 10 – Vehicles and Traffic, section 10-24-040, E.1
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Parking Time Restrictions on certain Streets.

CHAPTER 10-24-040 – Parking Time Restrictions on certain Streets

10.24.040 Parking time restrictions on certain streets.

B. One-hour parking. The streets for one-hour parking shall be as follows:

1. The west side of East Street beginning at the south line of South Street and thence running southerly to a point 200 feet, more or less;

2. Both sides of Hawkins Street between San Benito Street and East Street;

3. The north side of Hawkins Street beginning at the west line of San Benito Street and running westerly to a point 75 feet, more or less; The south side of Hawkins Street beginning at a point that is 33 feet east of the center line of East Street and thence running easterly 145 feet, more or less; The west side of East Street beginning at a point that is 40 feet south of the center line of Hawkins Street and thence running 80 feet, more or less; The east side of East Street beginning at a point that is 62 feet south of the center line and thence running 64 feet, more or less.

1. Fremont Way between Mapleton Avenue and Towne Alley;

2. Towne Alley between Fremont Way and Central Avenue;

3. Hodges Alley between Fremont Way and Central Avenue.

E. Three-hour parking. The streets for three-hour parking shall be as follows:

1. The west side of Sunset Drive beginning at a point that is 150 feet north of the center line of Southside Road, thence running northerly for a distance of 250 feet, more or less;

3. Along the south side of Santa Ana Road beginning at a point that is 55 feet east of the center line of La Baig Drive, thence continuing easterly 605 feet, more or less;

4. The south side of Flora Avenue beginning at the west side of San Felipe Road thence running westerly to the west end, 805 feet, more or less;

5. Both sides of Gateway Drive beginning at the west side of San Felipe Road thence running westerly to the west end encompassing the cul-de-sac, 1,030 feet, E.1
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more or less;

6. Both sides of Maple Street beginning at the east side of San Felipe Road thence running easterly to the west side of Sally Street, 480 feet, more or less.

INTRODUCED at a regular City Council meeting on the day of , 20 .

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith

Mary Lerner, City Attorney

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of June, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
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Mary F. Lerner, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1211 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 6th day of June, 2022, 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 this City Council day of June, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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RESOLUTION NO. 2000 · 116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HOLLISTER ADOPTING POLICIES ESTABLISHING NEIGHBORHOOD

RESIDENTIAL AND DOWNTOWN RESIDENTIAL

PERMIT PARKING AREAS IN THE CITY OF HOLLISTER
WHEREAS, the City Council of the City of Hollister at its July 26, 1999 meeting authoriz.ed the fonnation of the Downtown Parking Committee to discuss the parking issues and concerns in the Hollister Downtown Area, and;
WHEREAS, the Comtnittee has met weekly, surveyed the Downtown Business Owners and has discussed the various concerns and issues associated with different types of parking in the City, and; WHEREAS, the City Council of the City of Hollister has received the procedures and policies as developed bythe Committee and City Staff for the establishment ofNeighborhood Residential Parking in the City of Hollister, see attached EXHIBIT "A", and;
WHEREAS, the City Council of the City of Hollister has received the procedures and policies as developed by the Committee and City Staff for the establishment of Downtown Residential Parking Areas in the City of Hollister, see attached EXHIBIT "B".

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hollister at its meeting of June 19th 2000 has approved the policies and procedures for the establishment ofNeighbomood Residential and Downtown Residential Pennit parking areas in the City of Hollister as indicated on the attached EXHIBITS A & B.

PASSED AND ADOPTED THIS 19111 day of June 2000, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Duran, Felice
Councilmember Corrales
None
None
Elaine M. Cass , City Attorney
C:\Dwntwnparld'olicy .res
\

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EXHIBIT'~"

PROCEDURES FOR OF THE ESTABLISHMENT OF

NEIGHBORHOOD RESIDENTIAL PERMIT PARKING AREAS

IN THE CITY OF HOLLISTER
The following procedures have been established by the City of Hollister Public Works Department and approved by the City Council in order to facilitate the residential neighborhood permit process and recoup a portion of the associated costs . These procedures must be completed prior to consideration by the Public Works Department of requests for the establishment of any new or altered residential parking permit areas. The evaluation of requests to establish neighborhood residential parking pennit areas shall include an assessment by City staff of potential impacts such areas will have on commercial uses. The Public works Department makes recommendations only; all final approval rests with the City Council.

Any resident requesting the establishment of a neighborhood residential parking permit area must:
r:/ Reside within the proposed designated neighborhood residential parking permit area; r:/ Obtain a "Request to Establish a Neighborhood Residential Parking Permit Area" from the City of Hollister Public Works Department ;
✓ Work with the Public Works Department to define the boundaries of the proposed area, and to confirm the area question complies with applicable regulations including the Hollister Municipal Code, California Vehicle Code or other regulations which are appropriate.
r:/ Obtain at least one adult signature from at least 75% of the households within the proposed area, consenting to establishment of the area; . 'II' Certify that all households within the proposed area have been notified of the potential costs and other factors associated with the establishment of this area; 'II' Return the required forms and information to the Public Works Department so the request for Neighborhood Residential Parking can be placed on the City Council agenda for their consideration. in regards to establishing
H' City Council approval is granted to create the Neighborhood Residential Permit Parking, the following applies :
'II' The City Council will establish cne (1) hour parking zones on City streets where the permit parking areas are instituted.
'II' Person must obtain the permit from the Public Works Department, 420 Hill Street - Building C, Hollister, CA Phone (831)636-4340 Fax (831) 636-4349 'll'Vehicle owners with Neighborhood Residential Permits must obey all applicable laws and regulations pertaining to operation and parking of motor vehicles except the time limit parking restrictions are waived providing they display the appropriate permit .
'II' Reside within designated Neighborhood Residential Area and present proof of residency such as drivers license and P .G.&E bill, etc .... , and also present proof of vehicle ownership and a valid California drivers license ..
'II' The permit parking permit will be valid in your designated residential area only .

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l::?"lt should be noted that a permit will be issued to each residence (owner) for each vehicle that person owns (2 maximum per residential unit). The annual permit for each vehicle (no charge) is renewable annually. The permits will be renewed in each calender year in the month of January.

One guest pass per household is available at the Public Works Department at no charge and will be valid for one month only.

These guidelines are designed to accelerate the pennit process, and notification between City staff and those desiring pennit areas. This should result in less confusion on. the part of City residents affected by such changes.

NOTE: There ;s no guarantee that even if all the above procedures are complied with that the City Council will approve the request for residendal permit parking. Each case will be individually decided on its own merits.

C:/MK/respemrilpk3.ftrn

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EXlllBIT "B" ~•

PROCEDURES FOR THE ESTABLISHMENT

OF DOWNTOWN RESIDENTIAL

PERMIT PARKING AREAS IN THE CITY OF HOLLISTER
The following procedures have been established by the City of Hollister Public Works Department and approved by the City Cowell in order to establish the Downtown Residentia1 Pennit Parking

DOWNTOWN RESIDENTIAL PERMIT PARKING
This program proposes to give residents in the downtown area ( Central Traffic District) a place to park where they do not have specific designated parking areas. The following conditions apply:
t:/' Person must obtain the permit from the Public Works Department, 420 Hill Street - Building C, Hollister, CA Phone (831)636-4340 Fax (831) 636-4349 t:/' Reside within the proposed designated Downtown Residential Area, also known as the Central Traffic District, Hollister Municipal Code Chapter 10.04, present proof of residency such as drivers license and P.G.&E bill, etc .... , and also present proof of vehicle ownership and a valid California drivers license ..
t:/' Downtown Residential Permit vehicles may park in City owned Parking lots or on the Street in the Central Traffic District.
t:l'Vehicle owners with Downtown Residential Permits must obey all applicable laws and regulations pertaining to operation and parking of motor vehicles except the time limit parking restrictions are waived providing they display the appropriate permit.
t:flt should be noted that one permit will be issued to each residence ( owner).

The annual permit for each pennit (no charge) is renewable annually. The permits will be renewed in each calender year in the month of January. t:f The Public Works Department will issue a permit which consists of a sticker to be placed on the vehicle when the permit is obtained.

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10.24.040 Parking time restrictions on certain streets.

B. One-hour parking. The streets for one-hour parking shall be as follows:

1. The west side of East Street beginning at the south line of South Street and thence running southerly to a point 200 feet, more or less;

2. Both sides of Hawkins Street between San Benito Street and East Street;

3. The north side of Hawkins Street beginning at the west line of San Benito Street and running westerly to a point 75 feet, more or less;

4. The south side of Hawkins Street beginning at a point that is 33 feet east of the center line of East Street and thence running easterly 145 feet, more or less;

5. The west side of East Street beginning at a point that is 40 feet south of the center line of Hawkins Street and thence running 80 feet, more or less;

6. The east side of East Street beginning at a point that is 62 feet south of the center line and thence running 64 feet, more or less.

1. Fremont Way between Mapleton Avenue and Towne Alley;

2. Towne Alley between Fremont Way and Central Avenue;

3. Hodges Alley between Fremont Way and Central Avenue.

E. Three-hour parking. The streets for three-hour parking shall be as follows:

1. The west side of Sunset Drive beginning at a point that is 150 feet north of the center line of Southside Road, thence running northerly for a distance of 250 feet, more or less;

3. Along the south side of Santa Ana Road beginning at a point that is 55 feet east of the center line of La Baig Drive, thence continuing easterly 605 feet, more or less;

4. The north and south side of Fifth Street between Monterey Street and West Street;

5. The south side of Flora Avenue beginning at the west side of San Felipe Road thence running westerly to the west end, 805 feet, more or less;

6. Both sides of Gateway Drive beginning at the west side of San Felipe Road thence running westerly to the west end encompassing the cul-de-sac, 1,030 feet, more or less; E.1.b
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7. Both sides of Maple Street beginning at the east side of San Felipe Road thence running easterly to the west side of Sally Street, 480 feet, more or less.

1. The west side of Monterey Street beginning where the prolongation of the north side of Richardson right-of-way intersects the west side of Monterey Street, thence running 485 feet south, more or less. (Prior code § 14-67; Ord. 887, §§ 1, 2, 1997; Ord. 946, § 1, 2000; Ord. 986, § 1, 2003; Ord. 1026, § 1, 2007; Ord. 1092, § 1, 2013; Ord. 1094, § 2, 2013; Ord. 1095, § 1, 2013; Ord. 1114, § 2, 2015; Ord. 1120, § 1, 2015; Ord. 1124, § 1, 2015)

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10.24.040 Parking time restrictions on certain streets.

B. One-hour parking. The streets for one-hour parking shall be as follows:

1. The west side of East Street beginning at the south line of South Street and thence running southerly to a point 200 feet, more or less;

2. Both sides of Hawkins Street between San Benito Street and East Street;

3. The north side of Hawkins Street beginning at the west line of San Benito Street and running westerly to a point 75 feet, more or less;

4. The south side of Hawkins Street beginning at a point that is 33 feet east of the center line of East Street and thence running easterly 145 feet, more or less;

5. The west side of East Street beginning at a point that is 40 feet south of the center line of Hawkins Street and thence running 80 feet, more or less;

6. The east side of East Street beginning at a point that is 62 feet south of the center line and thence running 64 feet, more or less.

1. Fremont Way between Mapleton Avenue and Towne Alley;

2. Towne Alley between Fremont Way and Central Avenue;

3. Hodges Alley between Fremont Way and Central Avenue.

E. Three-hour parking. The streets for three-hour parking shall be as follows:

1. The west side of Sunset Drive beginning at a point that is 150 feet north of the center line of Sou thside Road, thence running northerly for a distance of 250 feet, more or less;

3. Along the south side of Santa Ana Road beginning at a point that is 55 feet east of the center line of La Baig Drive, thence continuing easterly 605 feet, more or less;

4. The south side of Flora Avenue beginning at the west side of San Felipe Road thence running westerly to the west end, 805 feet, more or less;

5. Both sides of Gateway Drive beginning at the west side of San Felipe Road thence running westerly to the west end encompassing the cul-de-sac, 1,030 feet, more or less; E.1.c
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6. Both sides of Maple Street beginning at the east side of San Felipe Road thence running easterly to the west side of Sally Street, 480 feet, more or less.

F. Three-hour parking between the hours of 7:00 a.m. and 7:0 0 p.m. Monday through Friday. The streets for three-hour parking between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday shall be as follows:

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PROOF OF PUBLICATION
{2015.5 C.C.P.)

STATE OF CALIFORNIA
County of San Benito
I am a resident of the State of Cal i fornia and
over the age of eighteen years, and not a
party to or interested in the above entitl ed
matter.

I am the principal clerk of the publisher of the
Free Lance, published in the city o t_ Hollister,
County of San Benito, State of California,
Friday, and on line for which said newspaper
has been adjudicated a newspaper of general
circulation by the Superior Court of the
County of San Benito, State of California,
under the date of June 19, 1952, Action
Number 5330 , that the notice of which the
annexed is a pri nted copy had been published
in each issue thereof and not in any
supplement on the following date( s):

May 27, 2022.

I, under penalty of perjury, that the foregoing
is true and correct. This declaration has been
executed on May 27, 2022.

HOLLISTER FREE LANCE
615 San Benito Street, Suite 210
Hollister, CA 95023
/s/ Juliana B. Pulcrano /
Legal Publications Specialist
Hollister Free Lance,
Gilroy Dispatch, Morgan Hill Times
Phone # ( 408) 709 3952
E-mail: jpulcrano@newsvmed ia.com
Website: www.sanbenito .com
City of Holllstar

SUMMARY OF PIIOPOSED
FIRITRIANtGAND

INTRODUCTION OF
ORDINANCEJ211
N011CE IS HEIIIBY GIVEN
that pursuant to G011emment
Code 36933 (c), the following
constiMes a summary of an
Ordinance to be introduced to
the Hollister City Council at its
meeting of Monday, June 6. 2022.
at its 6:30 p.m. meeqto be
held at City Hal in the Council
Hollister, California, 95023.

AN 0IIDINANCE OF THE
CITY OF HOLLIS1D
AmGTHIPMKING
111a RES IRh.flONS ON
THI NORTH AND SOUl1I
SIDI OF FFTH l11IIET
lll1WIIN WEST l11IIET AND
IIONTIIIEY l11IIET AND
IIEVODIIQ RISOWTION NO.
2000-ua NIIGHIIOaHOOD
....... TIAL.....r
PMKiNQ
A complete copy of the Ordinance
is available in the City Cleril's -
office, located at City Hal. 375 51h
Street Hollister. California. The
proposed Ordinance will be posted
online as part of Council packet at
illtpc/111 a•1a t"r? eoa1
~72hoors
before the meeting.

All interested parties are invited
to attend and be heard . If you
wish to challenge the action of
the Ci~ Council in court. you may
be limited to raising only those
issues you or someone else raised
at the public hearing described
in this no · , in ·
COll6Spui idei 10edeh9rtldlothe
City of Holister City Hal at or prior"
to, the JU)lic hearing. -
Is/ Christine Black.

MMC. CityCleril
PIJb: ... 27.JIOIZZ
{Pl.b HF 5/27)

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 6, 2022
SUBMITTED: April 8, 2022 AGENDA ITEM:

DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: ORDINANCE NO. 1208 AN ORDINANCE OF THE CITY OF HOLLISTER ADDING A NEW CHAPTER 2.50 TO THE CITY OF HOLLISTER MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT"

DESCRIPTION: This is a request to consider adding a new ordinance to the City of Hollister Municipal Code regarding police acquisition and use of “Military Equipment”.

This is required per Assembly Bill 481.

DEPARTMENT SUMMARY: On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. Subsequently, California Go vernment Code Sections 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481. AB 481 was authored by Assembly member David Chiu (D-San Francisco) to address the funding, acquisition and use of military equipment by police departm ents.

AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.

California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481 and the Government Code. While the Hollister Police Department does not possess any tactical equipment that it has obtained from the military, it does possess some types of equipment that are listed in Section 7070, which can be found in the attached equipment list.

Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:

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Via email to: [email protected]
Via phone call to: (831) 636-4330
Via mail sent to: Hollister Police Department Attn: Military Use Coordinator 395 Apollo Way Hollister, CA 95023

The following Section and subsections will be added into Title 2, Chapter 2.50

Section 1. The Hollister Municipal Code Chapter 2.50 is amended to read as follows:

Chapter 2.50

“MILITARY EQUIPMENT” USE ORDINANCE

Sections:

2.50.010 Name of Ordinance

2.50.020 Definitions

2.50.030 Military Equipment Use Policy Requirement

2.50.040 Use In Exigent Circumstances

2.50.050 Reports on the Use of Controlled Equipment

2.50.060 Enforcement

2.50.070 Whistleblower Protections

2.50.080 Severability

2.50.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.50.020 Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

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11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

B. "City" means any department, agency, bureau, and/or subordinate division of the City of Hollister.

C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Hollister Police Department.

D. “City Council” means the governing body that is the Hollister City Council.

E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.

2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.

3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.

6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

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7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, or is about to occur.

G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.

H. "Type" means each item that shares the same manufacturer model number.

2.50.030 Military Equipment Use Policy Requirement
A. The Hollister Police Department shall obtain approval of the City Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the City Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:

1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.

2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in- kind donations, or other donations or transfers.

3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.

4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the City of Hollister.

5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.

6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.

7. Acquiring Military Equipment through any means not provided by this section.

B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Hollister Police Department shall commence a City Council approval process in accordance with this section. If the City Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy F.1
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to City Council, the Hollister Police Department shall cease its use of the Military Equipment until it receives the approval of City Council in accordance with this code.

C. In seeking the approval of City Council, the Hollister Police Department shall submit a proposed Military Equipment Use Policy to City Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.

D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:

1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.

G. The City Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.

2.50.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code.

B. Notwithstanding the provisions of this Chapter, the Police Department may request mutual aid and assistance from other agencies without following the requirements F.1
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of this code or reporting requirements. The use of Military Equipment, and reporting requirements are the requirement of the assisting Mutual Aid agency and their respective governing board. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid.

C. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:

1. Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.

2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council.

3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.

2.50.050 Reports on the Use of Military Equipment.

A. The Police Department shall submit to City Council an annual Military Equipment Report for each type of Military Equipment approved by the City Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.

B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.

C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

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D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well- publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.

E. The City Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the City Council determines that a type of Military Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the City Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.

2.50.060 Enforcement.

A. Remedies for Violations of this Ordinance

1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the City or any employee unless that person or entity has first provided written notice to the City Manager by serving the City Clerk, regarding the specific alleged violations of this Chapter.

2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.

3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the City’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.

4. If it is shown that the violation is the result of arbitrary or capricious action by the City or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the City reasonable attorney’s fees in an amount not to exceed $15,000 if they are personally obligated to pay such fees.

2.50.070 Whistleblower Protections.

All provisions of The City of Hollister’s Protection of Whistleblowers Workplace Policy, and including any updates or replacements thereto, shall apply.

2.50.080 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.

B. The City Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared F.1
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invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

FINANCIAL IMPACT: $0 at this time. Potential loss of free military equipment in the future supplemented with purchases from general fund.

CEQA: N/A

ATTACHMENTS:

1. Military Equip in Use 2022 Rpt.

2. HPD Policy 710 Military_Equipment

3. Ordinance 1208 - Public Notice

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
Brett Miller, City Manager

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ORDINANCE NO. 1208

AN ORDINANCE OF THE CITY OF HOLLISTER ADDING A NEW CHAPTER 2.50 TO

THE CITY OF HOLLISTER MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF "MILITARY EQUIPMENT"

WHEREAS, according to Assembly Bill 481 there is a need to create a “Military Equipment use ordinance”; and

WHEREAS, the city of Hollister currently does not have an established ordinance and needs to approved; and

WHEREAS, the Hollister Police Department does not have any equipment acquired from the military but does have equipment in use under the definition of AB 481 ; and

WHEREAS, The proposed ordinance satisfies the requirements under AB 481 and Government Code sections 7070, 7071, 7072; and

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

Section 1. The Hollister Municipal Code Chapter 2.50 is amended to read as follows:

Chapter 2.50

“MILITARY EQUIPMENT” USE ORDINANCE

Sections:

2.50.010 Name of Ordinance

2.50.020 Definitions

2.50.030 Military Equipment Use Policy Requirement

2.50.040 Use In Exigent Circumstances

2.50.050 Reports on the Use of Controlled Equipment

2.50.060 Enforcement

2.50.070 Whistleblower Protections

2.50.080 Severability

2.50.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance.

2.50.020 Definitions
A. “Military Equipment” includes all of the following (Per CA Gov. Code §7070):

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

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However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.