MAYOR
Mia Casey
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
INTERIM CITY MANAGER
David Mirrione
CITY ATTORNEY
Mary F. Lerner
CITY CLERK
Jennifer Woodworth
POLICE CHIEF
Carlos Reynoso
CITY TREASURER
Gordon Machado
CITY COUNCIL AGENDA
Special and Regular Meeting
August 21, 2023
Special Meeting 5:30 PM
Regular Meeting 6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.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
Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/
City Council Monday, August 21, 2023 Page 2 of 9
City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489
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_MNOr95ZCQrWzERqd5zRuwQ
CALL TO ORDER
CLOSED SESSION - 5:30 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. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95
Claimants: Amy Yancey; Gustavo Mendez; John and Jean Barrett Agency Claimed Against: City of Hollister
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (Interim City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Un-represented employees in classifications designated as Executive Management
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
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A. CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public.
Consent items are numbers: A1-A7.
1. The minutes of the Special and Regular Meeting of City Council August 7, 2023
2. RATIFY APPOINTMENT TO FILL ARTS & CULTURE COMMISSION VACANCY (City Clerk)
BRIEF DESCRIPTION: The Arts & Culture Commission currently has two vacancies for its youth members. The City Council must ratify appointments to the commissions.
RECOMMENDATION: Ratify the appointment of Janessa Martinez to fill the vacancy for one of the two youth member seats on the Arts & Culture Commission.
3. WARRANT REGISTER - AUGUST 21, 2023 – AP (Finance)
BRIEF DESCRIPTION: Audit attached warrant register(s).
RECOMMENDATION: Ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:
2023-07-05, in the amount of $ 710,129.22
2023-07-05, in the amount of $ 446,616.40
2023-07-10, in the amount of $ 2,020,139.72
2023-07-17, in the amount of $ 117,687.53
2023-07-18, in the amount of $ 373,000.23
2023-07-19, in the amount of $ 101,393.75
2023-07-20, in the amount of $ 726,179.43
2023-07-20, in the amount of $ 482,031.02
2023-07-25, in the amount of $ 267,940.24
2023-07-26, in the amount of $ 257,527.81
4. RESOLUTION NO. 2023-157 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW (TRACT 303) PHASE 2 SUBDIVISION FOR THE
ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 52 (PUBLIC FACILITIES SERVICES) (Planning) BRIEF DESCRIPTION: The City Council will consider including the West of Fairview (Tract 303) Phase 2 Subdivision into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to
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CFD No. 4, and the West of Fairview (Tract 303) Phase 2 Subdivision is within the City.
RECOMMENDATION: Adopt a resolution approving the proposed boundary of the West of Fairview (Tract 303) Phase 2 Subdivision for the annexation of territory into CFD No. 4.
5. RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW (TRACT 303) PHASE 2 SUBDIVISION FOR THE
ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 21 (POLICE AND FIRE SERVICES) (Planning) BRIEF DESCRIPTION: The City Council will consider including the West of Fairview (Tract 303) Phase 2 Subdivision into Community Facilities District No. 5 (“CFD No. 5”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to CFD No. 5, and the West of Fairview (Tract 303) Phase 2 Subdivision is within the City.
RECOMMENDATION: Adopt a resolution approving the proposed boundary of the West of Fairview (Tract 303) Phase 2 Subdivision for the annexation of territory into CFD No. 5.
6. RESOLUTION NO. 2023-159 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER RATIFYING APPROVAL OF A GRANT APPLICATION
SUBMITTED BY THE DEVELOPMENT SERVICES DEPARTMENT TO AMBAG FOR THE REGIONAL EARLY ACTION PLANNING GRANT (REAP 2.0) (Development Services)
BRIEF DESCRIPTION: The City of Hollister is applying to the Association of Monterey Bay Area Governments (AMBAG) for a grant authorized under the Regional Early Action Planning Grants (REAP) provisions pursuant to Health and Safety Code Sections 50515 to 50515.05. The grant is to be used for the preparation and adoption of Objective Design Standards and any associated environmental document. The application was due to AMBAG on August 15, 2023 and was submitted by the deadline.
RECOMMENDATION: Adopt a resolution ratifying a grant application submitted by the Development Services Department to AMBAG for the Regional Early Act ion Planning Grant (REAP 2.0) for the preparation and adoption of Objective Design.
7. RESOLUTION NO. 2023-160 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT WITH 2ND NATURE SOFTWARE INC. FOR THE USE OF SOFTWARE AS A SERVICE FOR STORM WATER
DATA COLLECTION AND ANALYSIS IN ORDER TO ACHIEVE COMPLIANCE WITH CALIFORNIA STATE AND EPA REGULATIONS (Public Works - Utilities) BRIEF DESCRIPTION: This resolution will authorize the City Manager to negotiate and execute a contract with 2ND Nature Software Inc. for the use of software as a service. City staff currently utilize this software in order to meet certain program objectives laid out in our Municipal Separate Stormwater Sewer System (MS4)
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permit from the State Water Resources Control Board (Water Quality order NO. 2013-0001-DWQ). The estimated annual cost of this software is approximately $22,000.00.
RECOMMENDATION: Authorize the City Manager to negotiate and execute a contract with 2ND Nature Software Inc. for the use of software as a service for storm water data collection and analysis in order to achieve compliance with California State and EPA regulations.
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 your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. CITY MANAGER REPORT
Receive report from City Manager.
2. TRAININGS AND CONFERENCES
Receive reports from staff on Training and Conferences.
E. PUBLIC HEARINGS
1. ORDINANCE NO. 1237 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AMENDING THE ZONING ORDINANCE TO REPEAL SECTION 17.24.240, PLANNED DEVELOPMENT PERMITS, AND REPLACE WITH A NEW CHAPTER, CHAPTER 17.66, PLANNED DEVELOPMENTS (Planning)
DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to repeal Section 17.24.240, Planned Development Permits, and replace with a new Chapter, Chapter 17.66, Planned Developments.
RECOMMENDATION: Hold a public hearing and introduce an ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code, and schedule a second reading and adopting of the ordinance for the August 21, 2023 City Council meeting.
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2. RESOLUTION NO. 2023-161 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AMENDING THE PLANNING DIVISION FEE
SCHEDULE TO INCLUDE FEES RELATED TO ADMINISTRATIVE AND
MINOR MODIFICATIONS TO PLANNED DEVELOPMENTS (Planning)
BRIEF DESCRIPTION: The City Council will consider establishing an application fee for amendments to Planned Developments related to the proposed new Chapter, Chapter 17.66, Planned Developments (ZOA 2023-3).
RECOMMENDATION: Hold a public hearing and approve a resolution adopting application fees related to amendments to an approved planned development.
3. ORDINANCE NO. 1238 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 15.12.010 AND SECTION 15.12.020 OF CHAPTER
15.12 OF THE CITY OF HOLLISTER MUNICIPAL CODE RELATING TO MOBILEHOMES AND MOBILEHOME PARKS (Police)
DESCRIPTION: Introduction of an amendment to Section 15.12.010 (“Definitions”) and Section 15.12.020 (“Trailers prohibited in certain places – Exceptions”) of Chapter 15.12 (“Mobilehomes and Mobilehome Parks”) of Title 15 (“Buildings and Construction”) of the City of Hollister Municipal Code, amending language to clarify definitions, eliminate conflicts, and enhance compliance with existing regulations.
RECOMMENDATION: Introduce ordinance and schedule a second reading and adoption of the ordinance at the September 5th City Council Meeting.
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-162 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A CONTRACT TO APPOINT DAVID MIRRIONE AS THE CITY OF HOLLISTER CITY MANAGER (Administrative Services)
BRIEF DESCRIPTION: The City Council will consider a resolution to approve and authorize execution of a new employment agreement with David Mirrione for the position of City Manager.
RECOMMENDATION: Adopt a resolution approving an employment agreement between the City of Hollister and David Mirrione for City Manager services.
2. RESOLUTION NO. 2023-163 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH FLOCK GROUP, INC. FOR GUNSHOT DETECTION
SERVICES (Police)
BRIEF DESCRIPTION: This resolution will authorize the Mayor to sign an agreement with Flock Safety (Flock Group, Inc.) to provide gunshot detection and license plate reading cameras for an area of about one square mile of Hollister.
This is part of the existing budget and per council recommendation.
RECOMMENDATION: Adopt a resolution authorizing the Mayor to sign an agreement with Flock Group, Inc. for gunshot detection service.
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3. RESOLUTION NO. 2023-164 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING THE CITY OF HOLLISTER SPEED
CUSHION POLICY AND PROCEDURES AND TRAFFIC CALMING PROJECT POLICY AND PROCEDURES (Engineering)
BRIEF DESCRIPTION: Consider adopting the proposed City of Hollister Speed Cushion Policy and Procedures for City Staff-Installed Speed Cushions and Traffic Calming Project Policy and Procedures.
RECOMMENDATION: Adopt a resolution adopting the City of Hollister Speed Cushion Policy and Procedures and Traffic Calming Project Policy and Procedures.
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. LADD LANE AND SOUTHSIDE ROAD TRAFFIC CALMING PROJECT POST- CONSTRUCTION PUBLIC OUTREACH SESSION SUMMARY (Engineering) BRIEF DESCRIPTION: Consider accepting the staff report summarizing post- construction public outreach for the Ladd Lane and Southside Road Traffic Calming Project and, if desired, provide direction to staff regarding next steps.
RECOMMENDATION: Accept the staff report and, if desired, provide direction to staff regarding next steps.
2. 2023 MUNICIPALITIES LEGISLATIVE UPDATE (City Attorney) BRIEF DESCRIPTION: A legislative update and review of enacted and upcoming legislation that may impact the City of Hollister.
RECOMMENDATION: Receive presentation and provide possible direction.
3. PRESENTATION OF POTENTIAL CHANGES TO CITY'S PROCUREMENT POLICY (Administrative Services)
BRIEF DESCRIPTION: Staff will provide an update to the City Council on recommended changes to the City's existing procurement policy.
RECOMMENDATION: Receive the report and provide direction to prepare a draft ordinance amending the Hollister Municipal Code for consideration at a future City Council meeting.
4. PRESENTATION TO THE CITY COUNCIL OF THE CITY OF HOLLISTER
REGARDING THE FIRE PROTECTION & LIFE SAFETY DISTRICT
FEASIBILITY STUDY (Fire)
BRIEF DESCRIPTION: This is an informational report on the Fire Protection and Life Safety District Feasibility Study – Joint venture to form a Fire Protection District between the City of Hollister, the City of San Juan Bautista, and the County of San Benito.
RECOMMENDATION: Accept the report and provide possible direction.
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5. APPOINTMENT OF AD HOC COMMITTEE TO REVIEW AND MAKE
RECOMMENDATIONS REGARDING REVISION OF THE COUNCIL CODE OF ETHICS AND CONDUCT (City Attorney)
BRIEF DESCRIPTION: Council previously directed creation of an Ad Hoc Committee to review and make recommendations regarding revision of the Council Code of Ethics and Conduct be considered at a future council meeting.
RECOMMENDATION: Appoint an Ad Hoc Committee.
6. POTENTIAL TRANSIENT OCCUPANCY TAX (TOT) BALLOT MEASURE (City Clerk)
BRIEF DESCRIPTION: The City Council will discuss and consider options for including a ballot measure on an upcoming election to raise the City of Hollister's Transient Occupancy Tax (TOT) from its current level of 8%.
RECOMMENDATION: Provide direction to staff on future actions related to a TOT ballot measure, including proposed TOT rate and preferred election cycle.
7. 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.
8. 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.
H. UNFINISHED BUSINESS
1. UPDATED CITY COUNCIL PROJECTS (City Manager)
BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.
RECOMMENDATION: Receive the report and hold a discussion, if desired.
I. NEW BUSINESS
None.
J. MISCELLANEOUS
None.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
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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 after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.