MAYOR
Mia Casey
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
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
September 5, 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 addr ess 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 Tuesday, September 5, 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 LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Un-represented employees in classifications designated as Executive Management
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9. EXISTING LITIGATION.
Cain, et al. v. City of Hollister San Benito County Superior Court Case No.
CU-22-00087
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
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PROCLAMATIONS/RECOGNITIONS
1. Jacob's Heart Proclamation (City Clerk)
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-A14.
1. The minutes of the Regular Meeting of City Council August 21, 2023
2. CLAIM AGAINST THE CITY - FILED BY DIANNE BARRETT ON BEHALF OF THE JOHN AND JEAN BARRETT LIVING TRUST (City Clerk)
BRIEF DESCRIPTION: Dianne M. Barrett filed a claim against the City on July 21, 2023. The Claim was reviewed by the City Council in closed session on August 21, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
3. CLAIM AGAINST THE CITY - FILED BY GUSTAVO MENDEZ (City Clerk) BRIEF DESCRIPTION: Gustavo Mendez filed a claim against the City on July 24, 2023. The Claim was reviewed by the City Council in closed session on Au gust 21, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
4. CLAIM AGAINST THE CITY - FILED BY AMANDA VILLALBA (City Clerk) BRIEF DESCRIPTION: Amanda Villalba filed a claim against the City on July 5, 2023.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
5. ORDINANCE NO. 1237 AN ORDINANCE 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 (City Clerk) DESCRIPTION: On August 21, 2023, the City Council introduced Ordinance 1237 amending 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.
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RECOMMENDATION: Adopt Ordinance 1237 of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code.
6. 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 (City Clerk)
DESCRIPTION: On August 21, 2023, the City Council introduced Ordinance 1238 to amend 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: Adopt Ordinance 1238 amending 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.
7. RESOLUTION NO. 2023-165 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF
VARIOUS DOWNTOWN STREETS FOR THE LIGHTS ON CELEBRATION
AND PARADE SATURDAY, NOVEMBER 25, 2023 (City Clerk)
BRIEF DESCRIPTION: This item is requesting the temporary closure of various downtown streets for the annual Lights On Celebration and parade, Saturday, November 25, 2023.
RECOMMENDATION: Adopt a resolution approving the temporary closure of various downtown streets for the Lights On Celebration and parade, Saturday, November 25, 2023.
8. RESOLUTION NO. 2023-166 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
PURCHASE 0.75 ACRE CREDITS OF CALIFORNIA TIGER SALAMANDER
UPLAND HABITAT AT THE SPARLING RANCH AS REQUIRED BY THE
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE APPROVAL OF THE HOLLISTER MUNICIPAL AIRPORT'S RUNWAY 6 SAFETY
IMPROVEMENT PROJECT (City Manager)
BRIEF DESCRIPTION: The City of Hollister will consider a resolution authorizing the City Manager to purchase up to 0.75-acre credits of California Tiger Salamander upland habitat at the Sparling Ranch as required by the California Department of Fish and Wildlife which is a requirement of the Hollister Municipal Airport's Runway 6 Safety Improvement Project.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to purchase up to 0.75-acre credits of California Tiger Salamander upland habitat at
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the Sparling Ranch at an amount not to exceed $50,000 and authorize the City Manager to execute all necessary agreements required to effectuate the purchase.
9. RESOLUTION NO. 2023-167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE WORK OF ST. FRANCIS ELECTRIC, LLC FOR THE 6TH ST. LIGHTING IMPROVEMENT PROJECT, CIP C2203, AND DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION (Engineering)
BRIEF DESCRIPTION: Consider accepting the Work of St. Francis Electric, LLC for the 6th St. Lighting Improvement Project, CIP No. C2203, and directing the City Engineer to file a Notice of Completion.
RECOMMENDATION: Adopt a resolution accepting the work of St. Francis Electric, LLC for the 6th St. Lighting Improvement Project, CIP No. C2203, and directing the City Engineer to file a notice of completion.
10. RESOLUTION NO. 2023-168 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER ACCEPTING THE IMPROVEMENTS IN THE
PUBLIC RIGHT-OF-WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE HOLLISTER FARMS DEVELOPMENT; ACCEPTING THE
OFFERS OF DEDICATION SHOWN IN THE PARCEL MAP FOR, OR
SEPARATELY RECORDED AGAINST, THE PROPERTY, AND DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF ACCEPTANCE (Engineering) BRIEF DESCRIPTION: Consider accepting the improvements in the public right- of-way and other areas designated for public use within the Hollister Farms commercial project; and the offer of dedication shown in the Parcel Map for, or separately recorded against, the property, as required by the Subdivision Improvement Agreement.
RECOMMENDATION: Adopt a resolution accepting the improvements constructed within Hollister Farms commercial project and accept the offers of dedication shown in the Parcel Map for, or separately against, the property.
11. RESOLUTION NO. 2023-169 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 3 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $151,419.00 FOR ADDITIONAL SERVICES
TO ASSIST WITH THE REVIEW OF DEVELOPMENT PROJECTS
(Engineering)
DESCRIPTION: Consider authorizing the City Manager to execute Contract Amendment No. 3 to the professional services agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $151,419.00, for additional services to assist with the review of development projects.
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RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a Contract Amendment No. 3 to the professional services agreement with Kimley - Horn and Associates, Inc., in an amount not-to-exceed $151,419.00, for additional services to assist with the review of development projects.
12. RESOLUTION NO. 2023-170 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT WITH ANNOTTI LANDING LLC AND THE
FINAL MAP FOR TRACT NO. 316, ANNOTTI LANDING SUBDIVISION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT (Engineering)
BRIEF DESCRIPTION: Consider approving the Subdivision Improvement Agreement for Annotti Landing Subdivision, a conditionally approved residential development consisting of 6 lots including two duplex residential buildings with attached accessory dwelling units and four triplex residential buildings with attached accessory dwelling units, and the Final Map and authorize the City Manager to execute the Subdivision Improvement Agreement.
STAFF RECOMMENDATION: Adopt a resolution approving the Subdivision Improvement Agreement with Annotti Landing, LLC, and the final map for the Annotti Landing subdivision, Tract No. 316, and authorizing the City Manager to execute the Subdivision Improvement Agreement.
13. RESOLUTION NO. 2023-171 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN
THE ASSIGNMENT AND ASSUMPTION OF REIMBURSEMENT AGREEMENT
APPROVING THE ASSIGNMENT OF THE REIMBURSEMENT AGREEMENT FOR THE VALLEY VIEW PARK EXTENSION (Engineering)
BRIEF DESCRIPTION: Consider authorizing the City Manager to sign the Assignment and Assumption of Reimbursement Agreement approving the assignment of the Reimbursement Agreement for the Valley View Park Extension.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign the Assignment and Assumption of Reimbursement Agreement approving the assignment of the Reimbursement Agreement for the Valley View Park Extension.
14. RESOLUTION NO. 2023-172 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN AGREEMENT WITH SPECTRUM ENTERPRISE
TO PROVIDE INTERNET SERVICES TO THE CITY OF HOLLISTER
(Information Services)
BRIEF DESCRIPTION: This Resolution will approve an agreement with Spectrum Enterprise to provide the City of Hollister with 1 Gigabit Fiber-Optic Internet Service for a term of 60 months.
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RECOMMENDATION: Adopt a resolution approving the agreement with Spectrum Enterprise to provide 1 Gigabit Fiber-Optic Internet Service to the City of Hollister and authorize the City Manager or his designee to execute such agreement.
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
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-173 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER NAMING THE VISTA PARK HILL SOFTBALL FIELD THE "ANTHONY DESCLAFANI JUNIOR GIANTS FIELD" (Recreation) BRIEF DESCRIPTION: For the last few weeks, staff has worked with the Giants Community Fund to renovate the softball field at Vista Park Hill. Staff request approval to name this field the “Anthnoy DeSclafani Junior Giants Field.”
RECOMMENDATION: Adopt a resolution naming the Vista Park Hill softball field the "Anthony DeSclafani Junior Giants Field.”
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A POLICY ON REMOTE MEETING PARTICIPATION BY
LEGISLATIVE BODIES (City Clerk)
BRIEF DESCRIPTION: At the June 5, 2023 City Council meeting, the City Council directed staff to draft a policy outlining the process for members of the City’s
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legislative bodies, including City Council and advisory bodies, to participate remotely in public meetings.
RECOMMENDATION: Discuss and adopt a resolution approving the City Council policy entitled: “Remote Participation for Members of Legislative Bodies”.
3. REPORT ON HEARING OFFICER PROTOCOLS IN SURROUNDING CITIES
AND REQUEST FOR DIRECTION TO HANDLE ADMINISTRATIVE HEARINGS IN HOLLISTER (Police)
BRIEF DESCRIPTION: This informational report provides information regarding how other nearby municipalities handle administrative hearings in their jurisdiction.
The report is meant to provide information, provide some options, and ask for direction from the Council as to how they would like to handle administrative hearings in Hollister.
RECOMMENDATION: Receive the informational report on hearing officer protocols from surrounding cities and provide direction on how to handle administrative hearings in Hollister.
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. OUTLINE OF COST MEASURES TO REPAIR THE DUNNE PARK COURTS AND POSSIBLE DIRECTION TO STAFF (Recreation)
2. REPORT REGARDING THE JULY 1, 2023 FIREWORKS SHOW AND FAMILY FUN NIGHT EVENT AND POSSIBLE DIRECTION TO STAFF (Recreation)
3. Reports from City Council Members regarding Committees on which they serve
Receive oral reports from members regarding the activi ties of various Ad Hoc and Standing City Council Committees.
4. 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.
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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 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.
PROCLAMATION
Honoring Jacob’s Heart Children’s Cancer Support Services and Declaration of September 2023 as Childhood Cancer Awareness Month
WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and
WHEREAS, each year, 19 in every 100,000 children in our community will be diagnosed with cancer; and
WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and
WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments: 1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No child seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and
WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 25 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of Greenfield; and
WHEREAS, it is important for all Hollister City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.
NOW, THEREFORE, I, Mia Casey, Mayor of the City of Hollister, hereby declare September 2023, as Childhood Cancer Awareness Month in the City of Hollister, and do hereby honor Jacob’s Heart Children’s Cancer Support Services for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 5th day of September 2023.
_______________________________
Mia Casey, Mayor
ATTEST:
_______________________________
Jennifer Woodworth, MMC, City Clerk
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CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Regular Meeting
August 21, 2023
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
Mayor Casey called the special meeting of the City Council of the City of Hollister to order at 5:30 p.m.
CLOSED SESSION - 5:30 P.M.
Public Comment (limited to any item listed on the Closed Session agenda)
There were no public speakers for the closed session items.
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
City Attorney Lerner read the closed session item titles.
Councilmember Morales moved, and Councilmember Perez seconded the motion to adjourn into closed session. Motion carried 4-0-0 (Councilmember Resendiz absent).
Closed session adjourned at 6:16 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Perez led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on August, 21, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name Title Status Arrived
Mia Casey Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Absent
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Dolores Morales District 3 Present
Tim Burns District 4 Present
Mary F. Lerner City Attorney Present
Jennifer Woodworth City Clerk Present
Carlos Reynoso Police Chief Present
David Mirrione Acting City Manager Present
Gordon Machado City Treasurer Absent
VERIFICATION OF AGENDA POSTING
City Clerk Woodworth reported the agenda for the City Council of the City of Hollister special and regular meetings of August 21, 2023 was posted on the bulletin board at City Hall on August 18, 2023 at 11:29 a.m. per Government Code Section 54954.2.
Mayor Casey made an announcement regarding order and decorum at public meetings and described how disruptions will be handled in accordance with Government Code Sections 54957.9, 54957.95, 36813, Penal Code Section 403 and Hollister Municipal Code Section 2.04.200.
CLOSED SESSION - REPORT OUT
City Attorney Lerner stated no reportable action was taken in closed session.
A. CONSENT ITEMS
All items listed under the consent agenda will be enacted in one motion authorizing the actions indicated for those items so designated.
Mayor Casey opened public comment at 7:51 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 7:51 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
Consent items are numbers: A1-A7.
1. City Council - Regular Meeting - Aug 7, 2023 6:30 PM
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2. RATIFY APPOINTMENT TO FILL ARTS & CULTURE COMMISSION
VACANCY
3. WARRANT REGISTER - AUGUST 21, 2023 – AP
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)
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)
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)
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
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
Clark Stone supported the City Council's recent direction to support allowing sewer connections for the Gavilan College campus. Mr. Stone thanked Mayor Casey for providing information regarding the topic and addressing the spread of misinformation on the topic. Mr. Stone expressed disappointment in members of the community engaging in a campaign of misinformation.
Cheree Ashley, Owner of Bright Future Recovery, requested the City waive the application fee for a specific plan amendment for her organization.
Ted Davis stated his desire to address activities at the previous Council meeting and stated he will send his comments to Councilmember Resendiz.
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Bob Tiffany commented on recent Council meetings and thanked the Council for their actions at the previous Council meeting to support upgrades and maintenance to the City's wastewater treatment plant and allowing already-approved projects to connect to the City's sewer system. Mr. Tiffany spoke for the need to civility at public meetings among the Council and members of the public.
Elia Salinas commented on the recent San Benito County Civil Grand Jury report and its comments regarding the Hollister Fire Chief; spoke against the loss of decorum at the previous City Council meeting and misinformation in the community; and spoke in support of Councilmember Perez.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. CITY MANAGER REPORT
No comments.
2. TRAININGS AND CONFERENCES
City Manager David Mirrione reported Parks & Recreation Manager Tina Garza recently completed training from the International City/County Management Association and completed the first year of the Directors School training from the National Recreation and Park Association.
E. PUBLIC HEARINGS
1. ORDINANCE NO. AN ORDINANCE 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
Senior Planner Erica Fraser provided the staff report outlining the provisions of the proposed planned development ordinance.
Mayor Casey opened the public hearing at 8:32 p.m.
Dennis Martin, speaking on behalf of the Building Industry Association of the Bay Area, expressed concerns regarding Section 17.66.070 of the proposed ordinance and concerns regarding the City's notification procedures related to adoption of new fees.
Mayor Casey closed the public hearing at 8:36 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to introduce Ordinance No. 1237. Motion carried 4-0-0 (Councilmember Resendiz absent).
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RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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
Senior Planner Erica Fraser provided the staff report outlining staff's review process and the proposed amendments to the planning division fee schedule.
Councilmember Morales expressed concern regarding the fees the City charges in comparison to other nearby municipalities and in support of communicating with applicants on the process.
Mayor Casey supported a fee study to ensure the fees charged by the City reflect actual costs.
Mayor Casey opened the public hearing at 8:52 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 8:52 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2023-161 and requested a fee study be presented to Council within nine months and requested staff track their time to understand staff-associated costs. Motion carried 4-0-0 (Councilmember Resendiz absent).
The Council recessed at 9:04 p.m. and reconvened at 9:14 p.m. with Councilmembers Perez, Morales, Burns and Mayor Casey present.
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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3. ORDINANCE NO. 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 Chief Carlos Reynoso provided the staff report.
Mayor Casey opened the public hearing at 9:16 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 9:16 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to introduce Ordinance 1238. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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
This item was heard before the Consent Agenda.
City Attorney Lerner reported on the financial provisions included in the contract.
Mayor Casey opened public comment at 6:35 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 6:35 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-162. Motion carried 4-0-0 (Councilmember Resendiz absent).
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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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 Chief Reynoso provided the staff report.
Mayor Casey opened public comment at 9:20 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:20 p.m.
Councilmember Burns requested staff partner with local schools to install cameras to reduce criminal activity and placement of additional cameras based on the police department's data collection.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-163. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
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
City Engineer March provided the staff report describing types of traffic calming projects and proposed options for how the City will address requests for traffic calming measures.
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Mayor Casey requested staff correct a typo in Section B of the proposed policy related to removal of speed cushions.
Mayor Casey opened public comment at 9:38 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:38 p.m.
Councilmember Burns requested the proposed policy be amended to read speed cushions "may not be requested again for six months."
Mayor Casey suggested use of alternate forms of speed cushions to determine if there are other options less jarring for drivers. Mayor Casey supported installation of speed tables near schools, creation of a traffic management program, and addressing drag racing and side shows.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-164 with the correction to the policy addressing requests for speed cushions. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. LADD LANE AND SOUTHSIDE ROAD TRAFFIC CALMING PROJECT
POST-CONSTRUCTION PUBLIC OUTREACH SESSION SUMMARY
This item was heard following Item F1.
City Engineer Glen March provided the staff report outlining various traffic calming measures implemented and potential modifications to address public concerns.
Councilmember Burns requested staff contact San Benito County regarding the traffic calming measures because Ladd Lane is located in the County's jurisdiction and suggested use of raised crosswalks. Councilmember Burns supported increased traffic enforcement in the area.
Mayor Casey opened public comment at 6:54 p.m.
Carl DiLeonardo thanked the Mayor and staff for hol ding a public input session on the topic and requested the City return Ladd Lane to its former state.
Mayor Casey closed public comment at 6:57 p.m.
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Mayor Casey moved, and Councilmember Perez seconded the motion to return the roadway to its original four-lane configuration; remove installed traffic calming measures; maintain current lit crosswalks; maintain protected bike lanes with a separation mechanism; creation of additional street parking on nearby streets to facilitate Ladd Lane Elementary School student drop-off and pickup; installation of a speed table; setting of the speed limit to a speed limit consistent with the results of a future speed study; installation of radar speed signs; and installation of camera to monitor illegal driving in the area.
Following Council discussion, Mayor Casey withdrew her motion.
By consensus, the Council directed staff to remove the traffic delineators as soon as possible; return the roadway to its original four-lane configuration; remove installed traffic calming measures; maintain current lit crosswalks; maintain protected bike lanes with a separation mechanism; creation of additional street parking on nearby streets to facilitate Ladd Lane Elementary School student drop-off and pickup; installation of a speed table; setting of the speed limit to a speed limit consistent with the results of a future speed study; installation of radar speed signs; and installation of camera to monitor illegal driving in the area.
2. 2023 MUNICIPALITIES LEGISLATIVE UPDATE
This item was heard following Item G1.
Assistant City Attorney Rob Lomeli provided the staff presentation
Mayor Casey reported on advice she received from the Fair Political Practices Commission (FPPC) regarding previous allegations of Levin Act violations. May or Casey reported the FPPC confirmed she did not violate the Levin Act.
Councilmember Morales requested future clarification regarding enforcement of the City's campaign finance ordinance by the FPPC.
Mayor Casey opened public comment at 7:45 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:45 p.m.
The Council directed staff return with an item regarding campaign contribution limits and reporting requirements, including information for requirements at nearby jurisdictions.
3. PRESENTATION OF POTENTIAL CHANGES TO CITY'S PROCUREMENT POLICY
John Coggins with Regional Government Services provided the staff report outlining proposed changes to the City's purchasing limits, procedures for public works contracts, and various other recommendations.
Mayor Casey opened public comment at 9:57 p.m.
There were no speakers for this item.
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Mayor Casey closed public comment at 9:57 p.m.
Councilmmeber Morales requested use of master contracts that would be reviewed by Counicl twice a year. project labor agreements set at $250,000. posting of City Contracts on the City's website. Community benefits should be negotiated with regional building construction trade organizations.
By consensus, the Council directed staff to return with introduction of an ordinance to implement the procurement policy recommendations as outlined by the staff report and with the direction provided by Council: only mayor would need to be notified rather than all of Council.
By consensus the Council decided to continue the meeting past 10:00 p.m.
RESULT: Consensus
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
4. PRESENTATION TO THE CITY COUNCIL OF THE CITY OF HOLLISTER
REGARDING THE FIRE PROTECTION & LIFE SAFETY DISTRICT
FEASIBILITY STUDY
Fire Chief Bob Martin del Campo provided the staff report reviewing the current status of a feasibility study for creation of a Fire Protection & Life Safety District.
Mayor Casey opened public comment at 10:10 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 10:10 p.m.
5. APPOINTMENT OF AD HOC COMMITTEE TO REVIEW AND MAKE
RECOMMENDATIONS REGARDING REVISION OF THE COUNCIL CODE
OF ETHICS AND CONDUCT
City Attorney Lerner provided the staff report.
Mayor Casey opened public comment at 10:13 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 10:13 p.m.
Councilmember Burns suggested reducing a Councilmember's community funds in response to violations of the Council Code of Conduct.
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Councilmember Morales supported applying the current Council Code of Conduct to address Council behavior.
Mayor Casey supported creation of an ad hoc committee to be able to work with the City Attorney to act quickly.
Councilmember Burns moved, and Councilmember Perez seconded the motion to establish a Council Code of Conduct ad hoc committee and appoint Councilmember Morales and Mayor Casey to serve on the committee. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Resendiz
6. POTENTIAL TRANSIENT OCCUPANCY TAX (TOT) BALLOT MEASURE
This item was heard after Item G3.
City Clerk Jennifer Woodworth provided the staff report.
Mayor Casey opened public comment at 10:02 p.m.
City Treasurer Gordon Machado supported a ballot measure to increase the City's Transient Occupancy Tax (TOT) at 12% and supported public education efforts to inform the community of the tax and its purpose.
Mayor Casey closed public comment at 10:02 p.m.
By consensus, Council directed staff to return with an item to place a ballot measure to set Hollister transient occupancy tax at 12% on the November 5, 2024 ballot.
7. Reports from City Council Members regarding Committees on which they serve
Mayor Casey and Councilmember Perez reported their attendance at a meeting of the San Benito County Water District's Governance Committee and reported on projects being considered by the Water District in the coming months.
Mayor Casey reported her attendance at San Benito County's Economic Development Committee meeting.
8. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
City Manager Mirrione provided an update on the tennis courts at Dunne Park.
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Police Chief Reynoso provided an update on the implementation of the Active Bystandership for Law Enforcement (ABLE) training for City officers.
The Council congratualted City Manager Mirrione on his appointment as City Manager.
Councilmember Burns requested use of his discretionary funds to install cameras at Valley View Park and to update the signage at Sunnyslope Village; requested certificates of recognition for G&M Auto Repair, Hollister Paint, and the Cannery; supported recruitment of an Assistant City Manager; requested planning staff provide information regarding waiver of the specific plan amendment fee as requested by Bright Future Recovery; requested confirmation that Council conduct at the August 7, 2023 Council meeting will be addressed; and requested a future closed session or open session item on a previous mountain lion encounter in the City.
Councilmember Perez supported future discussion of the request by Bright Future Recovery to waive their specific plan amendment fees.
Councilmember Morales requested recognition for IUPA 16 and Local 12 and their volunteer efforts in the community.
Mayor Casey reported she initiated action to hold a disciplinary proceeding regarding Councilmember Resendiz's actions at the August 7, 2023 Council meeting and an investigation utilizing an independent investigator for threats against Councilmember Morales. Mayor Casey requested additional an investigation and a legal opinion regarding reports of Councilmember Resendiz's inclusion on a federal watch list and the potential inability for Councilmember Resendiz to be able to vote on contracts regarding federal funding.
In addition to the above items, the Council directed staff return with an item for use of Councilmember Burns's discretionary funds to install cameras at Valley View Park and to update the signage at Sunnyslope Village; issue certificates of recognition for G&M Auto Repair, Hollister Paint, and the Cannery; a future Council agenda item regarding waiver of the specific plan amendment fee as requested by Bright Future Recovery; and proclamations to recognize IUPA 16 and Local 12 for their contributions to the community.
H. UNFINISHED BUSINESS
1. UPDATED CITY COUNCIL PROJECTS
I. NEW BUSINESS
No items.
J. MISCELLANEOUS
No items.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
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L. ADJOURNMENT
Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn the meeting at 10:50 p.m. Motion carried 4-0-0 (Councilmember Resendiz absent).
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Angie Gonzalez, Deputy City
Clerk
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY DIANNE BARRETT ON BEHALF
OF THE JOHN AND JEAN BARRETT LIVING TRUST
BRIEF DESCRIPTION: Dianne M. Barrett filed a claim against the City on July 21, 2023. The Claim was reviewed by the City Council in closed session on August 21, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Dianne M. Barrett filed a claim against the City on July 21, 2023. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, and scheduled it to be heard by the City Council in closed session on August 21, 2023. The City Council recommended the denial of the claim. Staff seeks authorization to send the notice of rejection of claim to the claimant.
FINANCIAL IMPACT: Unknown
CEQA: Exempt
ATTACHMENTS:
1. Barrett Claim_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Angie Gonzalez, Deputy City
Clerk
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY GUSTAVO MENDEZ
BRIEF DESCRIPTION: Gustavo Mendez filed a claim against the City on July 24, 2023.
The Claim was reviewed by the City Council in closed session on August 21, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Gustavo Mendez filed a claim against the City on July 24, 2023. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, and scheduled it to be heard by the City Council in closed session on August 21, 2023. The City Council recommended the denial of the claim. Staff seeks authorization to send the notice of rejection of claim to the claimant.
FINANCIAL IMPACT: Unknown
CEQA: Exempt
ATTACHMENTS:
1. 20230724_Gustavo Mendez Claim_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Angie Gonzalez, Deputy City
Clerk
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY AMANDA VILLALBA
BRIEF DESCRIPTION: Amanda Villalba filed a claim against the City on July 5, 2023.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Amanda Villalba filed a claim against the City on July 5, 2023. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.
FINANCIAL IMPACT: Unknown
CEQA: Exempt
ATTACHMENTS:
1. Villalba Claim_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 29, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: ORDINANCE NO. 1237 AN ORDINANCE 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
DESCRIPTION: On August 21, 2023, the City Council introduced Ordinance 1237 amending 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: Adopt Ordinance 1237 of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code.
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ORDINANCE NO. 1237
AN ORDINANCE 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
WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance for clarity, to improve permit processes, and to meet the needs of the community; and
WHEREAS, the Planning Commission held two noticed Study Sessions on February 9 and March 9, 2023 to discuss planned developments in the City and potential changes to existing planned development regulations; and
WHEREAS, the Planning Commission held a noticed Study Session on May 11, 2023 to review the draft Chapter 17.66, Planned Developments; and
WHEREAS, on May 25, 2023, the Planning Commission held a duly noticed public hearing on the proposed amendments to the Zoning Ordinance during which all interested persons were heard and adopted Planning Commission Resolution No. 2023-17 recommending the City Council amend the Zoning Ordinance to repeal Section 17.24.240, Planned Development Permits, and replace with a new Chapter, Chapter 17.66, Planned Developments; and
WHEREAS, a Staff Report was submitted to the City Council of the City of Holliste r recommending approval of the proposed Zoning Ordinance Amendment; and
WHEREAS, the City Council held a noticed public hearing on the proposed Zoning Ordinance Amendment on June 20, 2023, at which time all interested parties had the opportunity to be heard; and
WHEREAS, proper noticed of said hearing was given as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein and used its independent judgement to evaluate the proposed amendmen ts; and
WHEREAS, the City desires to repeal Section 17.24.240, Planned Development Permits, and replace with a new Chapter, Chapter 17.66, Planned Developments.
WHEREAS, the City Council of the City of Hollister hereby makes the following findings relate d to the Zoning Ordinance Amendments as required by Section 17.02.120.D of the Municipal Code:
1. The proposed amendment is consistent with the General Plan because: the proposed planned development regulations have been prepared to allow for thoughtful, well planned developments that provide new and different housing types and non-residential developments and meet the intent of Land Use Element (LU) Goal LU1; the proposed regulations will allow planned developments for non-residential uses and therefore may attract new uses and commercial developments to the City in accordance with Goal LU 5 and Policy LU5.4; the new planned development regulations will help facilitate orderly and balanced growth within the City as required by Goal LU6; will allow for phasing within a project area and orderly growth as required by Policy LU6.2 and 6.3; will allow for diverse development including housing types in accordance with Goal LU7; all planned developments will be required to conform to the General Plan Land Use A.5
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Designation density established for each project site; and does not conflict with the draft policies of the 2040 Hollister General Plan which is currently under review.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare because: the proposed planned development regulations will provide clear language on the review process, submittal requirements, and findings related to planned development approvals; planned developments will require a substantial public benefit in order to allow deviations from the development standards of the Zoning Ordinance; the proposed planned development process will allow for thoughtful well planned developments in the City; by allowing a planned development for residential and non-residential projects within the City, the City will expand the use of this flexible zoning tool which could result in more diverse developments within the City; a rezone for a planned development is a more appropriate way to approve a development in which the otherwise applicable standards of the Zoning Ordinance are waived.
3. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendments are in general conformance with the principles, policies, and land use designations in the General Plan because: by repealing Section 17.24.240 and replacing with a new Chapter, Chapter 17.66, Planned Developments, the City will provide a clear, easy to use method for determining the requirements to gain approvals of planned developments; requiring a rezone for a planned development is a more appropriate path for approval because the planned development allows for deviations from the requirements of the Zoning Ordinance; and the requirement for a substantial public benefit for a planned development will ensure that planned developments enhance the City and provide a benefit in exchange for a deviation from the development standards in the Zoning Ordinance.
WHEREAS, the City Council of the City of Hollister hereby makes the following finding regarding the California Environmental Quality Act: the proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378). Future development of a site will be subject to the requirements of CEQA. Any future projects for development of a site within the City are required to be reviewed under CEQA.
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 is hereby amended to repeal Section 17.24.240, Planned Development Permits and replace with Chapter 17.66, Planned Developments to read as follows:
Chapter 17.66 Planned Developments
17.66.010 - Purpose
The purpose of this Chapter is to:
A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with the layout, design, uses, and development standards specifically tailored to the project.
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B. Allow for high quality development with maximum flexibility where strict application of the requirements of the Zoning Ordinance would result in a less desirable project.
C. Maintain consistency with, and implement the provisions of, the General Plan and applicable specific plans.
D. Ensure orderly and thoughtful planning of development projects to create a more desirable use of the land, ensure coordinated development of the project area, and result in a better physical environment.
E. Allow freedom of design, layout, and uses to obtain developments which enhance the community by surpassing the type of development required by strict application of the Zoning Ordinance.
F. Ensure that all Planned Developments provide a Substantial Public Benefit in exchange for relief from the strict application of the Zoning Ordinance.
17.66.020 - Applicability
An applicant may apply for a Planned Development Permit for any of the following:
A. Any project where the total project area is over one acre in size within the city limits.
B. As a prezone for any project that is requesting annexation into the City of Hollister.
17.66.030 – Planned Development Established
A. Rezone. Each Planned Development shall be established through a rezone (or prezone where applicable) to “Planned Development.”
B. Underlying Zoning Designation. Each Planned Development shall also have an underlying zoning district established within the Planned Development. The proposed underlying zoning district shall be compatible with the General Plan land use designation for the property. If more than one land use designation exists for the project area, each land use designation shall have an accompanying underlying zoning district.
C. Zoning Map. Following approval of a Planned Development rezone, the boundary of the Planned Development shall be indicated on the Zoning map. Each Planned Development shall be noted on the map as being zoned Planned Development (“PD”) and the Planned Development application number shall be noted on the map (for example PD 2023-1).
17.66.066 – Land Use
The following uses are permitted in a Planned Development:
A. Established in the Underlying Zoning District. Any use permitted or conditionally permitted in the underlying zoning district or in any applicable specific plan.
B. Uses Not Listed. Any use or uses that are not included in the Zoning Ordinance but are compatible with the intent and design of the Planned Development and are compatible with the General Plan use designation of the site, as determined by the Planning Commission and City Council.
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C. Accessory Uses. Any Accessory Uses, as defined in 17.02.020, that meet the needs of the residents or employees within a Planned Development and would otherwise not be permitted by the underlying zoning district.
D. Multi-Family within a Single-Family Development. Multi-family dwelling units are allowed within any property designated as single family if the total number of dwelling units project-wide falls within the density range allowed by the General Plan.
17.66.050 – Density
A. General Plan Density. The total number of dwelling units to be constructed within the project area shall be within the density range allowed by the General Plan land use designation(s) for the project area. The Planned Development may not increase or decrease the total number of dwelling units required to be constructed by the General Plan.
B. Density Calculation. Project density shall be calculated by using the total size (acreage) of each General Plan land use designation within the Planned Development and calculating the maximum density allowed for each land use. The Planned Development is not required to ensure that development on each parcel meets the permitted density range, the Planned Development can distribute the total number of allowed dwelling units or non-residential space throughout the project area if the required density range is met project wide.
C. More Than One Land Use Designation. For projects in which there are more than one General Plan land use designation, the total maximum density shall be the maximum density allowed for each land use designation.
17.66.060 – Deviations Allowed for Planned Developments
A. Development Standards. A Planned Development may establish development standards that are different from the standards established for the underlying zoning designation(s) for the project area. Each land use designation within the project area may establish its own development standards. The following deviations from the underlying zoning designation development standards are allowed within a Planned Development:
1. Height;
2. Minimum lot size and lot area per dwelling unit;
3. Lot width, depth, and frontage;
4. Setbacks;
5. Open space requirements; and
6. Lot Coverage and Floor Area Ratio.
B. Dwelling Types. The Planned Development may allow dwelling types that are not otherwise permitted under the site’s land use designation except for single family in a multi-family designation.
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C. Other. The relief of any provision of the Zoning Ordinance that would preclude the construction of a desirable development, as determined by the Planning Commission and City Council.
D. Shared Parking. A Planned Development, if supported by a parking study, may establish shared parking within the Planned Development at the discretion of the Planning Commission and City Council.
17.66.070 – Substantial Public Benefit in Exchange for a Planned Development
Substantial Public Benefit. Each Planned Development must contain one or more Substantial Public Benefit(s) in exchange for any modifications from standard zoning requirements. A "Substantial Public Benefit" means a project feature not otherwise required by the Municipal Code or General Plan that provides a unique feature or benefit to the City or the neighborhood in which it is located. Examples of Substantial Public Benefits include but are not limited to:
enhanced architectural designs; public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather; commercial uses in a residential development that serve the neighborhood (excluding properties that are designated as Mixed-Use in the General Plan); recreational facilities; public art; community space(s); parks; contribution to or construction of significant off -site public improvements or community space; the preservation, restoration, or rehabilitation of a historic resource; and/or the protection of natural resources.
17.66.080 – Prohibited within a Planned Development
Prohibitions. A Planned Development may not be used to request deviations from any of the following regulations:
A. The lowering or increasing of the residential density required by the General Plan land use designation(s) for the property.
B. The elimination of a commercial component for projects designated as Mixed-use in the General Plan.
C. Downtown Commercial Mixed-Use zoning requirements.
D. For properties with a General Plan land use designation of Medium or High Density Residential or Mixed-Use, the Planned Development may not be used to modify the allowed dwelling unit types to allow single family residences, unless the Planning Commission and City Council determine that single family residences may be allowed as an Accessory Use and where the density of the project meets the required density of the General Plan.
E. For the reduction of any design standards or guidelines adopted by the City.
F. For the reduction of design or preservation requirements for any structure that is designated as historical.
17.66.090 - Planned Development Application
Applications for a Planned Development shall include:
A. Application Form. The project applicant shall submit an application on a form prescribed by the City, with all the information listed on the form as part of the request for a Planned A.5
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Development. If the property is not under a single ownership, all owners must sign the application, and a map showing the extent of ownership shall be submitted with the application.
B. Site Plan. Plans or maps depicting the existing topography, on-site structures, natural features, mature trees, and other significant vegetation and drainage patterns. The map shall also show the project boundaries and all properties within one hundred feet of the site boundary.
C. Conceptual Land Use Plan. A map showing the location of each land use proposed within the site (including housing types where applicable), open space and common areas, community facilities, and the location of any use or structure that is proposed as a Substantial Public Benefit.
D. Density. A plan showing the total site area, total density range for each General Plan land use designation for residential and non-residential designations, maximum numbers of residential units by type, and maximum non-residential square footage for each use.
E. Project Narrative. A written project narrative which includes the following information:
1. A description of the proposed project, existing and proposed General Plan land use designation(s), and the proposed underlying zoning district(s).
2. Existing use of the project area and site conditions.
3. A statement of the project objectives, how the proposed project will comply with General Plan goals and policies for the applicable land use designation, and how the project complies with the purpose of this Chapter.
4. An overview of the proposed development plan including land use, densities, residential dwelling types, open space, and parking.
5. A description of the project access and circulation.
6. A description of how the proposed development is superior to development that could occur with the strict application of the standards required by the underlying zoning designation, and how it will provide a Substantial Public Benefit.
7. The amount (in square feet or acres) and percentage of site area that will be dedicated for all land uses including residential, commercial, office, industrial, open space, recreational facilities and amenities, public facilities, and public buildings. The maximum number of dwelling units, by type, and the maximum square footage of all non-residential uses must be provided.
8. A written statement of proposed uses including permitted, conditionally permitted, prohibited, and Accessory Uses for each land use type.
9. All development regulations that apply within the project, including:
a. Density;
b. Minimum lot size and dimensions;
c. Maximum building coverage including lot coverage and Floor Area Ratio; A.5
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d. Minimum setbacks;
e. Maximum building heights;
f. Landscaping;
g. On-site parking; and
h. Other items as recommended by Staff and deemed appropriate by the Planning Commission and City Council.
F. Design Guidelines. Design standards and guidelines for the construction of future structures within the project area including landscaping, screening, and architectural design.
G. Phasing. For Planned Developments that are to be constructed in phases, a phasing plan must be provided.
H. Parking. Where a Planned Development includes shared parking or a use which is not listed in the Zoning Ordinance, a parking study prepared by a qualified preparer shall be submitted which establishes the parking requirement for the new use or reviews the proposed shared parking plan.
17.66.100 - Review of a Rezoning to Planned Development
A. Approval Process. An application for a rezone to Planned Development shall be reviewed by the Planning Commission during a public hearing. The Planning Commission will then make a recommendation to the City Council. The City Council will then act upon the request for a rezone to a Planned Development.
B. Planning Commission Review.
1. Hearing. Following the receipt of a complete application for a Planned Development, the Planning Commission shall conduct a noticed public hearing for consideration of the application.
2. Decision. The Planning Commission shall take one of the following actions during the public hearing:
a. The Planning Commission shall make a written recommendation to the City Council to approve, approve with conditions or modification, or deny the application as submitted and shall make written findings supporting the reason for this recommendation in accordance with Section
17.66.120.
b. If the Planning Commission is unable to make a recommendation to the City Council because the application fails to receive a majority vote resulting in no action being taken by the Planning Commission, the application shall be forwarded directly to the City Council.
C. City Council Review.
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1. Public Hearing Required. After the Planning Commission provides a recommendation on the application for a Planned Development, the City Council shall hold a noticed public hearing on the application, shall consider the recommendations of the Planning Commission, and shall hear evidence presented for and against the proposed Planned Development rezone.
2. Decision. Following the conclusion of the public hearing, the City Council shall approve, modify, or reject the Planning Commission’s recommendation. If the City Council requires the applicant to make a substantial modification not previously considered by the Planning Commission, the revised Planned Development shall be referred back to the Planning Commission for a written recommendation prior to consideration of the amendment. Prior to the approval of a Planned Development rezone, the City Council shall make written findings in accordance with Section 17.66.120 supporting the reason for approving the Planned Development rezone.
3. Second Reading. If the Planned Development is approved by the City Council, a second reading of the Ordinance will take place at the following City Council meeting. The Ordinance establishing the Planned Development rezone will not take effect until 30 days following the second reading.
17.66.110 – Ordinance Format
Each Ordinance for a Planned Development shall establish the following:
A. Purpose and intent of the Planned Development;
B. Underlying zoning district(s);
C. A list of all permitted, conditionally permitted, and prohibited uses within the Planned Development;
D. All applicable design themes, guidelines, or standards; and
E. All site development regulations including:
1. Density;
2. Setbacks;
3. Maximum height;
4. Maximum Lot Coverage or Floor Area Ratio;
5. Open Space requirements;
6. Accessory Uses or structures;
7. Landscaping and screening;
8. Parking and loading; and
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9. Other items recommended by Staff and deemed appropriate by the Planning Commission and City Council
17.66.120 - Required Findings
An application for a Planned Development rezone shall be approved if the following findings can be made, in addition to the required findings of other permits required for the project.
A. The Planned Development is consistent with the General Plan, applicable specific plan, and other plans and policies adopted by the City Council.
B. The Planned Development will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the Planned Development or to the general welfare of the city.
C. The proposed development is superior to the development that could occur under the requirements of the Zoning Ordinance for the underlying zoning designation.
D. That the location, design, size, and uses will result in an attractive, well designed, and beneficial environment for living, shopping, or working.
E. The proposed Planned Development will be harmonious and compatible with existing and potential development in the surrounding area.
F. The Planned Development would result in a thoughtful, well-planned development which has been designed to meet current and future needs of residents and workers within the City.
G. The Planned Development will provide one or more Substantial Public Benefits, as defined by Section 17.66.070, in exchange for any modifications from standard zoning requested by the Planned Development.
17.66.130 – Modifications to an Approved Planned Development
A. Clarification. Where necessary, the Development Services Director by administrative action may clarify the provisions or make minor adjustments to conform to current provisions of the Zoning Ordinance, to refer to relevant sections of the Zoning Ordinance (where necessary) and to approve minor modifications to a Planned Development that do not conflict with the development standards, density, or intent of the Planned Development.
B. Minor Amendments. The Planning Commission, by means of a Planned Development minor modification may approve minor amendments to a Planned Development with a finding that the amendment substantially complies with and does not materially change the provisions, intent, land use, or development capacity of the applicable Planned Development.
C. Major Amendment. All amendments that change the provisions or intent of the Planned Development, increase the development potential of the site, change the required Substantial Public Benefit, or substantially change the proposed land use map may be requested by submitting an application in the same manner and process as the initial request.
17.66.166 – Further Development Review
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Prior to the construction of any structure or the establishment of any use within the Planned Development, all necessary permits as required by the Zoning Ordinance and the Planned Development shall be obtained.
Section 2: Severability. Should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or word of this ordinance as hereby adopted shall remain in full force and effect.
Section 3: Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
Section 4: Publication. Within fifteen (15) days after passage the City Clerk shall cause this ordinance to be published on time in the Free Lance, a newspaper of general circulation.
INTRODUCED at a regular City Council meeting held on August 21, 2023 and adopted as an ordinance of the City of Hollister at a regular City Council meeting on September 5, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1237 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 29, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: 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
DESCRIPTION: On August 21, 2023, the City Council introduced Ordinance 1238 to amend 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: Adopt Ordinance 1238 amending 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.
ATTACHMENTS:
1. Mobilehome Ordinance Revision Clean (01040757-2xFF256)
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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
WHEREAS, Chapter 15.12 of the Hollister Municipal Code regulates Mobilehomes and Mobilehome Parks; and
WHEREAS, Chapter 15.12 contains provisions requiring removal and modification to ensure consistency with state law definitions and recent Hollister Municipal Code updates regarding regulation of mobile homes, recreational vehicles and trailers; and
WHEREAS, the proposed revisions will enhance clarity for residents, property owners, and city staff, ensuring a shared understanding of mobilehome-related regulations; and
WHEREAS, clear definitions will promote consistent interpretation and application of Hollister Municipal Code Chapter 15.12; and
WHEREAS, by providing precise definitions and addressing potential conflicts, the proposed amendments will facilitate compliance and streamline enforcement efforts.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:
That the City Council of the City of Hollister approves the amendment of 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.
INTRODUCED at a regular City Council meeting on the 21st day of August, 2023 and adopted at a regular City Council meeting on the 5th day of September, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1238 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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CHAPTER 15.12 MOBILEHOMES AND MOBILEHOME PARKS
15.12.010 Definitions.
For the purposes of this chapter:
Mobilehome park means any area or tract of land that has been developed to the mobilehome park standards where space is rented to owners or users of mobilehomes to be used for living purposes.
Mobilehome means a structure designed for human habitation and for being moved on a street or highway under permit as defined by California Civil Code section 798.3.
Commercial coach means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in California Vehicle Code section 635.
15.12.020 Mobilehomes prohibited in certain places—Exceptions.
A. No person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any mobilehome upon any private or public property, other than in a mobilehome park.
B. With the prior authorization and consent of the city council of the city, a district, city, county or other political subdivision may park, store, leave, keep or maintain, a commercial coach for industrial, professional or commercial purposes, for a period not to exceed one year.
C. With the prior authorization and consent of the planning commission of the city, a commercial coach may be parked, stored, left, kept or maintained, for construction offices or storage purposes, for a period not to exceed 180 days.
15.12.030 Criteria for mobilehome park development.
A. In General. The contents of this chapter do constitute the minimum standards for locational criteria and physical development. Deviation from these standards may be permitted only by the planning commission upon such reasons as it deems valid. The criteria as set forth in this chapter shall be considered by the city in the determination as to whether or not a proposed mobilehome park is so located as to be an asset to the city, will contribute to the well-being of the community in general, will not be a detriment to persons who reside or work in the area, will not be an encroachment into a developed area, but will lend itself to the overall design of the general area, will comply with the applicable governmental regulations and will be compatible with the general plan.
Mobilehome parks may be permitted in any zoning district in the city, subject to obtaining a conditional use permit.
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B. Access. Mobilehome parks shall be located adjacent to arterial or collector streets or adjacent to a designated freeway frontage road, provided further that if located adjacent to a collector street or designated freeway frontage road it should be a reasonable distance from an arterial street or freeway access ramp.
C. Community Services. Mobilehome parks should be located within reasonable proximity to parks, schools (if a family type park), shopping facilities and other residential support facilities.
15.12.040 Conditional use permit required.
Mobilehome park developments are permitted in the city subject to the granting of a conditional use permit by the planning commission upon such terms and conditions deemed necessary to insure proper development. The commission must find, prior to the granting of a conditional use permit:
A. That the proposed use would not be detrimental to the public interest, safety, health, morals and general welfare;
B. That the proposed use is desirable to the public convenience and welfare; C. That the proposed use would not impair the integrity and character of the development in the immediate neighborhood;
D. That the proposed use will not be contrary to or in conflict with the general purposes and intent of this chapter.
15.12.050 Application—Contents.
Every applicant for a permit to construct, establish and maintain a mobilehome park shall file a written application with the planning commission of the city for a conditional use permit which shall contain the name and address of the applicant, the proposed location of the park and the name and address of the owner or proprietor of the park.
15.12.060 Map—Contents, review and approval.
A. Each application shall be accompanied with five copies of a map prepared by a civil engineer or surveyor, clearly and legibly drawn on tracing cloth or paper not smaller than 18 inches by 26 inches, with a scale of one inch equals 50 feet.
B. The map shall contain the following:
1. Name and address of owner, developer and engineer, date, north point and written and graphic scale;
2. Sufficient legal description to define the location and boundaries of the proposed park;
3. The locations, names and widths of all streets adjacent to the proposed park;
4. Adjacent properties and names of the owners thereof; A.6.a
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5. The location and size of all sewer, water and storm drain facilities within and adjoining the proposed park;
6. Contours of the land at six-inch intervals for ground slopes between level and two percent, one-foot contours between two percent and five percent and five -foot contours for over five percent;
7. Location, width and flow direction of all watercourses;
8. Existing buildings or structures and existing uses of the property;
9. Setback or plan lines on existing streets;
10. Improvements to be made to public streets or ways;
11. The location and number of all mobilehome sites, and the design of all roadways, walkways, electrical, sanitation, sewer drainage and water facilities and the location of parking areas;
12. The sizes of mobilehome sites;
13. Location of areas to be landscaped and the location and type of all existing trees with a height of 20 feet or greater;
14. Data showing the bearing and length of every site line;
15. The center line of all public streets and rights-of-way and the location of all easements for sewer, water and storm line, street and boundary line.
C. Such commission shall determine whether the proposed park meets all the requirements of this chapter and may require any changes therein which, in its estimation, will make the proposed park conform to the requirements of this chapter. The commission may approve the map without conditions, approve the map with changes and conditions or disapprove the map. If a map is disapproved, the commission shall state the reasons therefor and in what instances the map fails to meet the requirements of this chapter.
D. One copy of the map as approved by the planning commission shall be referred to the health officer who shall review the same to determine that the map and all improvements shown thereon proposed to be constructed meet all the requirements of this chapter with respect to sanitation, water, sewer and drainage facilities.
E. One copy of the map as approved by the planning commission shall be referred to the director of public works who shall review the same to determine that the map and all improvements shown thereon proposed to be constructed meets all the requirements of this chapter with respect to sewer and drainage facilities, buildings, roadways, walkways and other similar facilities.
F. One copy of the map as approved by the planning commission shall be referred to the county water conservation and flood control district who shall review the same as to off- site drainage.
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15.12.070 Application fee.
The application fee for a conditional use permit for a mobilehome park shall be $15.00.
15.12.080 Enlargement or modification of existing mobilehome parks.
A conditional use permit shall be required to enlarge, change or modify any existing mobilehome park.
No conditional use permit to enlarge, change or modify an existing mobilehome park shall be granted unless and until such mobilehome park shall meet all the requirements of this chapter, excluding the requirement for the minimum park size as provided herein.
15.12.090 Development standards.
A. Jurisdiction of City. The state, through the department of housing and community development, regulates many aspects of the construction and operation of the park. The city has the jurisdiction in respect to the following:
1. Park area layout and design including architectural design;
2. Lot size and shape;
3. Yards;
4. Landscaping;
5. Walls and enclosures;
6. Signs;
7. Parking and street widths;
8. Service and recreational facilities.
B. Mobilehome Park Area. A mobilehome park shall have a usable area of not less than ten acres, except by variance. Long narrow parcels are not deemed desirable for mobilehome park development.
C. Density. The maximum density for a mobilehome park shall be e ight units per net acre.
15.12.100 Lot size and design.
A. The minimum lot size permitted shall be 2,600 square feet and the average lot size for the total development shall be at least 2,800 square feet, excluding private streets, guest parking, recreational areas, etc. Each lot shall have a minimum width of 37 feet; except that triangular or gore-shaped lots shall have a minimum width of 37 feet measured at a point midway between front and rear property lines.
B. Each mobilehome lot shall have access directly to a private roadway.
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C. The lot area beneath each individual mobilehome shall be paved with two inches of asphaltic concrete, or equivalent, a minimum of two feet beyond the perimeter of each mobilehome. Each mobilehome within the park shall be surrounded by solid skirting material, which skirting shall not unreasonably impede the movement of the mobile- home, which skirting shall be openable for inspection and shall have cross-ventilation on at least three sides with not less than two square feet of opening for each 25 linear feet. All unpaved areas shall be landscaped or sterilized for weeds.
D. A four-inch P.C.C. slab or wooden deck area of 200 square feet minimum shall be provided on each individual mobilehome site adjacent to the entrance s of the mobilehome.
15.12.110 Setbacks and lot coverage.
All distances between mobilehomes and related accessory buildings shall be as per the state rules and regulations governing the construction of mobilehome parks, except:
A. That no mobilehome shall be located closer than 20 feet from a park property line adjacent to a public right-of-way;
B. That no mobilehome shall be located closer than five feet to any internal street line; C. That no mobilehome shall be located closer than five feet from a park property line other than a property line adjacent to a public right -of-way; D. That no mobilehome shall be located closer than 20 feet to any recreation or community building, or closer than 15 feet to any laundry or service building; E. No portion of any mobilehome shall be closer than five feet to any lot line; F. The maximum lot coverage for individual mobilehome lots shall be 75 percent and at least 300 square feet of a site shall be free of all structures and coverage.
15.12.120 Parking.
A. All parking spaces, as required by this section, shall measure ten feet in width by 20 feet in depth and shall be surfaced with four inches of P. C. C. or two inches of asphaltic concrete with header boards and suitable base materials. Guest parking spaces shall be suitably marked outlining individual parking spaces and traffic flow.
B. On-site parking spaces for a minimum of two cars shall be provided on each mobilehome lot. Such spaces may be in tandem (ten feet by 40 feet).
C. Off-street parking for guests shall be on the basis of one parking space for each four mobile-home lots.
D. Off-street parking on the basis of one parking space for each 300 square feet of gross floor space in the recreational, all-purpose or community building, shall be provided. Such spaces shall be located adjacent to such facility or within a 100-foot radius of the exterior walls of the structure.
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15.12.130 Streets.
A. All streets within a mobilehome park shall be private roadways and shall be improved as per existing standards of the city. The following private roadway widths shall be permitted:
1. A minimum of 26-foot wide private roadway with parking prohibited on both sides;
2. A minimum of 32-foot wide private roadway with parking permitted on one side;
3. A minimum of 40-foot wide private roadway with parking permitted on both sides;
4. A minimum paved access of 40 feet, as approved by the public works director;
5. All roadways shall have curbs and gutters.
B. If on-street parking is to be permitted, off-street guest parking on the basis of one parking space for each four mobilehome spaces will not be required if the total number of on - street spaces provided will equal or exceed the total number of off-street parking spaces required. If the number of on-street parking spaces does not equal the guest parking requirement the difference shall be provided in off-street parking. Off-street parking requirements for the recreational, all-purpose or community building shall not be affected by the foregoing.
15.12.140 Walls, fences and screening— Landscaping.
A. The mobilehome park shall be surrounded with a six-foot high block wall, fence or screening, acceptable to the planning commission, on all property lines. However, such wall, fence or screening shall be a maximum of three feet in height when within 30 feet of any entrance to or exit from the property.
B. The wall, fence or screening adjacent to any street frontage shall be decorative in nature, of a design acceptable to the planning commission, and shall be set back a minimum of 30 inches from the property line. The resulting area between property line and wall, fence or screening shall be landscaped.
C. Trees, as required by the planning commission, shall be planted in landscape areas adjacent to exterior property lines so as to provide a pleasant environment through the provision of color and texture and to prevent a bleak appearance of the visual horizon of the park exterior.
D. Interior areas within the boundaries of the mobilehome park surrounding the recreation facility and other miscellaneous common areas shall be landscaped as required by the planning commission.
E. All required landscape areas other than on individual sites shall be equipped with sprinkler systems to insure ease of maintenance.
F. Detailed landscaping plans, in duplicate, shall be submitted to, and approved by, the planning commission prior to the issuance of permits of any type.
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15.12.150 Recreational facilities.
A. A minimum of 200 square feet of area for each mobilehome site shall be devoted to indoor and outdoor recreational facilities.
B. Any permanent structure for recreational purposes shall be limited to two stories in height, not exceeding 35 feet.
C. Sidewalks, as per existing standards of the city, shall be provided from the private roadways to the recreational facilities as necessary.
15.12.160 Storage yard areas.
Storage yard areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobilehome park as per the following standards:
A. One storage space shall be provided for each five mobilehome sites in the park.
B. Each storage space shall be 180 square feet in area and shall be adjacent to an access driveway with minimum width of 25 feet.
C. The storage yard shall be located in an unobtrusive manner within the confines of the park.
D. The storage yard shall be paved with two inches of asphaltic concrete or four inches of P.C.C. with suitable base materials.
15.12.170 Animals at large.
Dogs and other animals shall not be permitted to run at large in any mobilehome park.
15.12.180 Waste containers and storage receptacles.
Metal or plastic waste containers equipped with tight-fitting lids shall be provided. Storage facilities large enough to hold waste containers shall be provided for each mobilehome site, or there shall be central storage facilities within close proximity to each mobilehome site.
15.12.190 Clothes drying yards.
Clothes drying yards shall be provided and shall be completely screened from view from the exterior of the mobilehome park in a manner acceptable to the planning commission.
15.12.200 Car washing facilities.
Car washing facilities, as required by the planning commission, shall be provided.
15.12.210 Radio and television antennas.
A central radio and television antenna system shall be provided with underground wiring to the individual sites and service buildings, as required. No individual antennas will be allowed.
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15.12.220 Utilities.
All utilities within a mobilehome park shall be placed underground.
15.12.230 Lighting.
All private roadways within the mobilehome park shall be provided with lighting standards spaced at intervals to insure adequate roadway lighting and shall be sufficiently artificially lighted to adequately illuminate every building in the park and the area or tract of land containing the park.
15.12.240 Grading.
Park property shall be adequately graded and drained so as to prevent the accumulation of water within the park.
15.12.250 Signs.
Advertising signs shall be permitted within the confines of the mobilehome park for the purpose of identifying the park only. The following sign shall be permitted: A maximum of eight feet in height, 40 square feet, lighted ground sign.
15.12.260 Commercial uses.
Commercial uses shall not be permitted in any mobilehome park, irrespective of the zoning district in which the park is located.
15.12.270 Street names and lot numbering.
All street names and lot numbering shall be submitted for approval to the planning department.
15.12.280 Off-site improvements.
Off-site improvements shall be provided in accordance with specifications of those city departments concerned.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 14, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RESOLUTION NO. 2023-165, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF VARIOUS
DOWNTOWN STREETS FOR THE LIGHTS ON CELEBRATION AND PARADE SATURDAY, NOVEMBER 25, 2023
BRIEF DESCRIPTION: This item is requesting the temporary closure of various downtown streets for the annual Lights On Celebration and parade, Saturday, November 25, 2023.
RECOMMENDATION: Adopt a resolution approving the temporary closure of various downtown streets for the Lights On Celebration and parade, Saturday, November 25, 2023.
DEPARTMENT SUMMARY: The City Clerk’s Office received a request from the Hollister Downtown Association for the temporary closure of various downtown streets for the Annual Lights On Celebration and Parade, Saturday, November 25, 2023. The street closure is requested for 8:00 a.m. to 9:00 p.m. for the celebration to include a food court and car display, and the parade. Please see the attached application which includes the map of the street closures.
The street closure application and public assembly permit for the Lights On Celebration and Parade event includes a signed hold harmless agreement, certificate of insurance, and map. The street closure application permit and public assembly permit was reviewed and approved by the appropriate Department Heads.
FINANCIAL IMPACT: Cost of staff time for event set up and take down.
CEQA: N/A
ATTACHMENTS:
1. 20231125. Lights on Celebration Map
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE
TEMPORARY CLOSURE OF VARIOUS DOWNTOWN STREETS FOR THE LIGHTS ON CELEBRATION AND PARADE SATURDAY, NOVEMBER 25, 2023
WHEREAS, the City of Hollister Clerk’s Office received a block party application requesting the closure of various downtown streets for the Lights On Celebration and parade; and
WHEREAS, the City of Hollister has determined that it is beneficial to the community to hold the Lights On Celebration and parade, which will be held on Saturday, November 25, 2023; and
WHEREAS, this event brings the community to the Hollister downtown area which benefits the local merchants; and
WHEREAS, over the years the City Council of the City of Hollister has been supportive of the Hollister Downtown Association and their events; and
WHEREAS, the Hollister Downtown Association has demonstrated that it is an experienced, professional manager of such events; and
WHEREAS, the Hollister Downtown Association will work closely with the Hollister Community Services Department and the Hollister Police Department in the temporary closure of streets for these events in a safe and expedient manner, by providing maps, and advance notice to business owners; and
WHEREAS, the event organizer shall review the guidance and prepare to plan a safe environment for workers and visitors; and
WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for Public Safety issues.
NOW, THEREFORE, BE IT RESOLVED, that street closures pursuant to the following will ensure Public Safety from 8:00 a.m. to 9:00 p.m.:
For food court and car display - closure of Seventh Street, from Swope Alley to Cal Mutual Insurance parking lot entrance; and
For the Lights On Parade - closure of San Benito Street, from 5th Street to Park Street; and
Closure of Monterey Street, from 5th Street to Baler Alley; and
Closure of 5th, 6th, and 7th Streets, South Street, Swope Alley, Hawkins Street, and Haydon Street, from Monterey Street to San Benito Street.
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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.
The Hollister Community Services Department will put up barricades and signs to re- route traffic.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-165, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 31, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: RESOLUTION NO. 2023-166, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO PURCHASE 0.75
ACRE CREDITS OF CALIFORNIA TIGER SALAMANDER UPLAND HABITAT AT THE
SPARLING RANCH AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE APPROVAL OF THE HOLLISTER MUNICIPAL AIRPORT'S RUNWAY 6
SAFETY IMPROVEMENT PROJECT
BRIEF DESCRIPTION: The City of Hollister will consider a resolution authorizing the City Manager to purchase up to 0.75-acre credits of California Tiger Salamander upland habitat at the Sparling Ranch as required by the California Department of Fish and Wildlife which is a requirement of the Hollister Municipal Airport's Runway 6 Safety Improvement Project.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to purchase up to 0.75- acre credits of California Tiger Salamander upland habitat at the Sparling Ranch at an amount not to exceed $50,000 and authorize the City Manager to execute all necessary agreements required to effectuate the purchase.
DEPARTMENT SUMMARY: On June 26, 2023, the City Council approved Resolution 2023-140 which authorized the acceptance of $3,267,889 in Federal Aviation Administration (FAA) grant funding for the Hollister Municipal Airport Runway 6 Safety Improvement Project.
The U.S. Fish and Wildlife Service (USFWS) issued a Biological Opinion on August 26, 2021 in regard to the Runway 6 Safety Improvement Project. The USFWS Biological Opinion recommends compensatory mitigation to offset the effects of the proposed project but does not require mitigation. However, the California Department of Fish and Wildlife (CDFW) has indicated that the project will need to apply for take authorization from CDFW to comply with the California Endangered Species Act (CESA) and the California Fish and Game Code because the Biological Opinion does not covey take authorization for species listed pursuant to CESA.
Furthermore, CDFW is requiring compensatory mitigation to minimize and fully mitigate the impacts of the proposed taking of California Tiger Salamander (CTS) habitat as co nfirmed via email correspondence with CDFW staff Stephanie Manzo and Craig Bailey on February 22, 2023.
The project must mitigate at a minimum of a 1:1 ratio (mitigated area: impacted area) to offset the permanent loss of CTS Upland habitat. However, CDF W may require additional mitigation area. Although only CDFW can make the final determination of the compensatory mitigation amount based on CDFW’s own analysis, it is anticipated the required mitigation ratio of CTS upland habitat will not exceed a 3:1 mitigation ratio.
Therefore, to compensate for permanent impacts to 0.23 acre of CTS upland habitat, the project proposes to purchase 0.50 acre-credits of CTS upland habitat from the Sparling Ranch Conservation Bank resulting in an approximate 2 to 1 mitigation ratio (mitigated area: impacted A.8
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area). To compensate for temporary impacts to 0.31 acre of CTS upland habitat, the proposes to remove 3.91 acres of hardscape and compacted gravel that will be restored with native vegetation resulting in a net gain of 3.68 acres of potential CTS upland habitat.
It is anticipated CDFW will not require more than a 3:1 mitigation ratio for permanent impacts.
Therefore, for conservative planning, the cost of 0.75 acre-credits of CTS upland habitat is $50,000 based on correspondence from the Sparling Ranch Conservation Bank.
FINANCIAL IMPACT: Increase in expenditures in Fund 601 in an amount not to exceed $50,000.
CEQA: N/A
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RESOLUTION NO. 2023-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO PURCHASE 0.75 ACRE CREDITS OF CALIFORNIA TIGER
SALAMANDER UPLAND HABITAT AT THE SPARLING RANCH AS REQUIRED BY THE
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE APPROVAL OF THE HOLLISTER MUNICIPAL AIRPORT'S RUNWAY 6 SAFETY IMPROVEMENT PROJECT
WHEREAS, the City of Hollister deems it necessary to improve the safety, and efficient operation of the Hollister Municipal Airport; and
WHEREAS, the City of Council of the City of Hollister accepted an FAA grant of $3,267,899.00 on June 26, 2023 for the Runway 6 Safety Improvement Project (AIP 3- 06-0105-026); and
WHEREAS, the USFWS Biological Opinion recommends compensatory mitigation to offset the effects of the proposed project but does not require mitigation; and
WHEREAS, the California Department of Fish and Wildlife (CDFW) has indicated that the project will need to apply for take authorization from CDFW to comply with the California Endangered Species Act (CESA) and the California Fish and Game Code because the Biological Opinion does not covey take authorization for species listed pursuant to CESA: and
WHEREAS, CDFW is requiring compensatory mitigation to minimize and fully mitigate the impacts of the proposed taking of California Tiger Salamander (CTS) habitat; and
WHEREAS, to compensate for permanent impacts to 0.23 acre of CTS upland habitat, the project proposes to purchase 0.50 acre-credits of CTS upland habitat from the Sparling Ranch Conservation Bank resulting in an approximate 2 to 1 mitigation ratio (mitigated area: impacted area); and
WHEREAS, to compensate for temporary impacts to 0.31 acre of CTS upland habitat, the proposes to remove 3.91 acres of hardscape and compacted gravel that will be restored with native vegetation resulting in a net gain of 3.68 acres of potential CTS upland habitat; and
WHEREAS, it is anticipated CDFW will not require more than a 3:1 mitigation ratio for permanent impacts. Therefore, for conservative planning, the cost of 0.75 acre-credits of CTS upland habitat is $50,000 based on correspondence from the Sparling Ranch Conservation Bank.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister authorizes the City Manager to purchase up to 0.75-acre credits of California Tiger Salamander upland habitat at the Sparling Ranch at an amount not to exceed $50,000 and authorize the City Manager to execute all necessary agreements required to effectuate the purchase.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-166, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-167, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE WORK OF ST. FRANCIS ELECTRIC, LLC FOR THE 6TH ST. LIGHTING IMPROVEMENT PROJECT, CIP C2203, AND DIRECTING THE
CITY ENGINEER TO FILE A NOTICE OF COMPLETION
BRIEF DESCRIPTION: Consider accepting the Work of St. Francis Electric, LLC for the 6th St.
Lighting Improvement Project, CIP No. C2203, and directing the City Engineer to file a Notice of Completion.
RECOMMENDATION: Adopt a resolution accepting the work of St. Francis Electric, LLC for the 6th St. Lighting Improvement Project, CIP No. C2203, and directing the City Engineer to file a notice of completion.
DEPARTMENT SUMMARY: On November 1, 2021, City Council adopted Resolution No. 2021- 204 approving an appropriation of funding for the preparation of a streetlight analysis and for the preparation of plans and specifications for the improvement project.
On June 6, 2022, City Council adopted Resolution No. 2022-114 authorizing staff to call for sealed bids for the 6th St. Lighting Improvement Project, CIP No. C2203.
On August 15, 2022, City Council adopted Resolution No. 2022-150 rejecting the bid from Power Design Electric as non-responsive, awarding the contract to the lowest responsive bidder, St. Francis Electric, LLC in the amount of $176,000, approving a supplemental appropriation, and authorizing the execution of a contract and change orders for the 6th St.
Lighting Improvement Project, CIP No. C2203.
The limits of work for CIP C2203 was on 6th Street between West Street and Monterey Street.
The work consisted of the installation of eight (8) solar powered street lights along 6th Street and tree trimming to allow for adequate sunlight to charge the solar powered street lights.
On August 7, 2023, St. Francis Electric, LLC completed the work to the satisfact ion of the City Engineer.
Upon adoption of the Resolution, the City Engineer will file a Notice of Completion, in a form approved by the City Attorney, with the San Benito County Recorder’s Office.
FINANCIAL IMPACT: The contract was awarded in the amount $176,000.00. Change orders were executed in the amount of $5,271.50, which was less than the total authorized amount of change orders of $26,000.00. The final contract amount was $181,271.50.
CEQA: Exempt
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE WORK OF ST. FRANCIS ELECTRIC, LLC FOR THE 6TH ST. LIGHTING IMPROVEMENT PROJECT, CIP C2203, AND DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION
WHEREAS, on November 1, 2021, City Council adopted Resolution No. 2021-204 approving an appropriation of funding for the preparation of a streetlight analysis and for the preparation of plans and specifications for the improvement project; and
WHEREAS, on June 6, 2022, City Council adopted Resolution No. 2022-114 authorizing staff to call for sealed bids for the 6th St. Lighting Improvement Project, CIP No. C2203; and
WHEREAS, on August 15, 2022, City Council adopted Resolution No. 2022-150 rejecting the bid from Power Design Electric as non-responsive, awarding the contract to the lowest responsive bidder, St. Francis Electric, LLC in the amount of $176,000, approving a supplemental appropriation, and authorizing the execution of a contract and change orders for the 6th St. Lighting Improvement Project, CIP No. C2203; and
WHERAS, the limits of work for CIP C2203 was on 6th Street between West Street and Monterey Street; and
WHEREAS, the Work consisted of the installation of eight (8) solar powered streetlights along 6th Street and tree trimming to allow for adequate sunlight to charge the solar powered street lights; and
WHEREAS, on August 7, 2023, St. Francis Electric, LLC completed the work to the satisfaction of the City Engineer; and
WHEREAS, upon adoption of the resolution, the City Engineer will file a notice of completion with the San Benito County Recorder’s Office.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:
1. Accepts the Work of St. Francis Electric, LLC for the 6th St. Lighting Improvement Project, CIP C2203; and
2. Directs the City Engineer to file a Notice of Completion with the San Benito County Recorder’s Office.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, 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, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-167, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-168, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ACCEPTING THE IMPROVEMENTS IN THE PUBLIC RIGHT -OF-
WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE HOLLISTER FARMS DEVELOPMENT; ACCEPTING THE OFFERS OF DEDICATION SHOWN IN THE
PARCEL MAP FOR, OR SEPARATELY RECORDED AGAINST, THE PROPERTY, AND
DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF ACCEPTANCE
BRIEF DESCRIPTION: Consider accepting the improvements in the public right-of-way and other areas designated for public use within the Hollister Farms commercial project; and the offer of dedication shown in the Parcel Map for, or separately recorded against, the property, as required by the Subdivision Improvement Agreement.
RECOMMENDATION: Adopt a resolution accepting the improvements constructed within Hollister Farms commercial project and accept the offers of dedication shown in the Parcel Map for, or separately against, the property.
DEPARTMENT SUMMARY: On May 20, 2019, the City Council adopted Resolution No. 2019- 107 approving the Subdivision Improvement Agreement (SIA) for the Hollister Farms commercial project, TM 2020-2 and the parcel map authorizing and directing the City Manager, for and on behalf of the City of Hollister and its act and deed, to execute the Subdivision Improvement Agreement for the improvements.
Hollister Farms commercial project is a commercial subdivision originally comprised of fifteen (15) parcels. The project is located near the intersection of East Park Street and Highway 25 bypass and the intersection of McCray Street and East Park Street in Hollister. The improvements to be accepted, operated, and maintained by the City include the improvements on East Park Street, between McCray Street and Highway 25, the improvements on McCray Street, between Gibson Drive and Gibbs Drive, and the improvements with respect to the detention and water quality facility located at the south-east corner of McCray Street and Gibbs Drive.
On June 7, 2023, the improvements in the public right-of-way and other areas designated for public use related to the Hollister Farms project constructed by GRH California LLC, an Idaho limited liability company, PMA Investments California LLC, an Idaho limited liability company, and HC Hollister LLC, an Idaho limited liability company (Developer) were completed to the satisfaction of the City Engineer.
Upon adoption of this resolution, the City Engineer is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County.
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The Developer warranties and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance for the public improvements. Developer will furnish a warranty bond to the City pursuant to the Subdivision Improvement Agreement.
FINANCIAL IMPACT: The acceptance of the improvements requires the City to incur additional costs for the operation and maintenance of (1) the improvements in the public right -of-way including streets, sidewalk, street lights, signage, landscaping, and irrigation, and (2) the storm water retention facility and water quality facility.
The additional operations and maintenance may require additional staff due to the public improvements servicing an area with high pedestrian and vehicular activity as well as a large detention facility to serve the City of Hollister.
The Hollister Farms commercial project is in Community Facilities District No. 4. An annual fee is required to be paid for each parcel in order to provide funds to operate and maintain th e improvements.
CEQA: The CEQA requirements were addressed in the environmental impact report for the Hollister Farms project.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE
IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE HOLLISTER FARMS DEVELOPMENT; ACCEPTING THE
OFFERS OF DEDICATION SHOWN IN THE PARCEL MAP FOR, OR SEPARATELY
RECORDED AGAINST, THE PROPERTY, AND DIRECTING THE CITY ENGINEER TO FILE
A NOTICE OF ACCEPTANCE
WHEREAS, on May 20, 2019, the City Council of the City of Hollister adopted Resolution 2019- 107 approving the Subdivision Improvement Agreement for the Hollister Farms commercial project, TM 2020-2 and the Parcel Map and authorizing and directing the City Manager, for and on behalf of the City of Hollister and as its act and deed, to execute the Subdivision Improvement Agreement for the improvements; and
WHEREAS, on June 7, 2023, the improvements in the public right-of-way and other areas designated for public use related to the Hollister Farms project constructed by GRH California LLC, an Idaho limited liability company, PMA Investments California LLC, an Idaho limited liability company, and HC Hollister LLC, an Idaho limited liability company (Developer) were completed to the satisfaction of the City Engineer; and
WHEREAS, the City Engineer recommends acceptance of the public improvements; and
WHEREAS, upon adoption of the resolution, the City Engineer is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County; and
WHEREAS, the City Engineer recommends the acceptance of offers of dedication shown in the Parcel Map for, or separately recorded against the dedicated property as provided for in the Subdivision Improvement Agreement; and
WHEREAS, the Developer shall warranty and guarantee all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the public improvements; and
WHEREAS, the Developer shall furnish and deliver a warranty bond to the City pursuant to the Subdivision Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:
1. Accepts the improvements in the public right-of-way and other areas designated for public use within the Hollister Farms commercial project;
2. Accepts the offers of dedication shown in the Parcel Map for, or separately recorded against, the property; and
3. Directs the City Engineer to file a notice of acceptance with the San Benito County Recorder’s Office.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
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Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-168, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 28, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-169, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $151,419.00 FOR
ADDITIONAL SERVICES TO ASSIST WITH THE REVIEW OF DEVELOPMENT PROJECTS
DESCRIPTION: Consider authorizing the City Manager to execute Contract Amendment No. 3 to the professional services agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $151,419.00, for additional services to assist with the review of development projects.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a Contract Amendment No. 3 to the professional services agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $151,419.00, for additional services to assist with the review of development projects.
DEPARTMENT SUMMARY: The engineers working in the City of Hollister’s Engineering Department perform a variety of tasks related to development project and capital improvement projects, including, but not limited to the following:
1. review multiple-types of planning submittals;
2. review development project site plans and construction submittals;
3. manage the design of capital improvement projects;
4. administer capital improvement project construction contracts and review construction submittal; and
5. administer the encroachment permit process, including reviewing project plans.
The Engineering Department includes the City Engineer, two Associate Engineers, and an Assistant Engineer. Staff does not have the same level of engineering expertise as the Kimley-Horn and Associates, Inc. (Kimley-Horn) staff.
The City Engineer is working to fill a vacant engineering position. Local agencies have had little to no success in filling engineering positions. It is unlikely that the position will be filled by an engineer with the experience as Kimley-Horn staff. Some development submittals are large and complex and the City’s engineering staff lacks the experience to review larger and more complex projects, such as roundabouts.
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The City’s engineering staff are taking a greater role in managing capital improvements projects since the City Engineer was hired. Engineering staff is currently managing the following capital improvement projects:
1. Ladd Lane and Southside Road Restoration Project
2. 2022 Slurry Seal Project
3. 2024 Pavement Rehabilitation Project
4. West Gateway Improvements Project
5. Wentz, Brown, and Swope Alleys Reconstruction Project
6. Airport Sanitary Sewer Lift Station Rehabilitation Project
7. Industrial Wastewater Treatment Plant Storm Water Improvements Project
8. Bridge Road Outfall Project
9. 2024 Underground Infrastructure Project
By focusing more on capital improvement projects, engineering staff has less time to focus on development projects; therefore, additional consulting support is required to review development projects. By not providing additional resources to review development projects, staff will likely need to delay capital improvement projects.
On August 23, 2023, Kimley-Horn provided City with a proposal, for the not-to-exceed amount of $151,419.00 for additional services to assist with reviewing development projects.
FINANCIAL IMPACT: Costs associated with reviewing development projects will be funded by the General Fund as the development fees are paid into the General Fund.
CEQA: Consultant may perform work on numerous projects. For development projects, the environment review process is conducted by the planning department for each project.
ATTACHMENTS:
1. Kimley-Horn Contract Amendment No. 3
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $151,419.00 FOR ADDITIONAL SERVICES TO ASSIST WITH THE
REVIEW OF DEVELOPMENT PROJECTS
WHEREAS, the City of Hollister’s Engineering Department reviews various planning submittals and construction drawings for development projects; and
WHEREAS, the City requires additional professional services to assist with the work on the Engineering Department; and
WHEREAS, Kimley-Horn and Associates, Inc. has performed work on similar projects for the City of Hollister; and
WHEREAS, on August 23, 2023, Kimley-Horn and Associates provided City with a proposal, for the not-to-exceed amount of $151,419.00 for additional services to assist with reviewing development projects; and
WHEREAS, the City wishes to have Kimely-Horn and Associates, Inc. perform the work described in the attached proposal; and
WHEREAS, the Agreement requires City and Contractor to agree in writing to any Additional Services and attach those agreed upon Additional Services to the Agreement as Exhibit D – Scope of Contractor Services – Additional; Compensation Schedule.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to execute a contract amendment to the professional services agreement with Kimley-Horn and Associates, in amount not-to- exceed $151,419.00, for additional services to assist with the review of development projects.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, 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, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-169, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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1 EXHIBIT D – ADDITIONAL SERVICES TO AGREEMENT – SCOPE OF CONTRACT SERVICES – ADDITIONAL; COMPENSATION SCHEDULE
THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 5th day of September, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and Kimley-Horn and Associates, Inc., a California Corporation, (“Contractor”).
WHEREAS, City and Contractor have previously entered into an Agreement for professional engineering design services on an on-call basis (“Agreement”) dated August 18, 2018;
WHEREAS, the Agreement Basic Services include services for general consulting, peer review, civil engineering, planning, grant writing, staff augmentation, master plan preparation, special studies, traffic engineering, environmental CEQA/NEPA assistance, environmental reconnaissance and other tasks associated with engineering and planning design and construction support; and
WHEREAS, it is understood by City and Contractor that it may be necessary for Contractor to perform or secure the performance of services other than Basic Services (“Additional Services”); and
WHEREAS, the Agreement requires City and Contractor to agree in writing to any Additional Services and attach those agreed upon Additional Services to the Agreement as Exhibit D – Scope of Contractor Services – Additional; Compensation Schedule; and
WHEREAS, on August 23, 2023, Contractor provided a proposal for Additional Services to assist with reviewing development projects (Attachment 1) to the City; and
WHEREAS, City and Contractor desire to amend said Agreement to provide for these Additional Services.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. This Exhibit D, “Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule” is added to the Agreement.
2. The term of this contract amendment shall end on December 31, 2023.
3. Except as herein amended, the Agreement dated August 18, 2018, shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
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2 IN WITNESS WHEREOF, the parties have caused this Third Amendment to Agreement to be executed on the date first above written.
CITY OF HOLLISTER
BY:
David Mirrione
City Manager
ATTEST:
JENNIFER WOODWORTH, CITY CLERK
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
CONTRACTOR
BY:
(Signature)
Michael Mowery_________
Senior Vice President
Kimley-Horn and Associates, Inc.
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kimley-horn.com 4637 Chabot Drive, Suite 350, Pleasanton, CA 94588 925.398.4840
MEMORANDUM
Date:August 23, 2023
To:Glen March, City Engineer
City of Hollister
From:Mark Falgout
Kimley-Horn and Associates, Inc.
Subject:Development Review Fee Estimate
Thank you for this opportunity to team with you on development review. We value the trust and confidence that you have in Kimley-Horn’s ability to enhance Staff’s resources by continuing to assist with development review.
We have prepared this brief outline to confirm our Project Understanding and fee estimates that would ultimately be formalized into an agreement for professional services.
Project Understanding
The City wants to engage Kimley-Horn to review planning applications and construction submittals for development during the remainder of 2023.
A list of potential industrial, commercial, and residential projects that have been submitted to Planning or Engineering and are either in review or may requested to be reviewed by Kimley-Horn follows. This list is not complete as new projects will come in through the planning process but serves as a representation of upcoming projects.
JJ Auto Sales 1620 Buena Vista Rd
Willow Landing Santana Ranch Ph 9
Villalpando Commercial Phase 1 & 2 Aspen Park (Woodle Property) 1700 Shelton Drive 221 Hawkins
MBAM Stericycle
2300 Bert Drive (CMC Materials)McDonalds – 1711 Airline Hwy Kramer Subdivision (Chappell Rd)Everglen Subdivision (Chappell Rd) Felipe 9 Natmar Property
Hollister Farms North Shops 1550 San Juan Rd
220 San Felipe Wendy’s (Hollister Farms)
Panera (Hollister Farms)Los Cuates Market Restaurant
Attachment 1DocuSign Envelope ID: AF216FE8-BDD7-4928-87BD-D6F86BE1F255 A.11.a
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kimley-horn.com 4637 Chabot Drive, Suite 350, Pleasanton, CA 94588 925.398.4840 Eden Housing (100 Affordable at West Fairview)4th and Rajkovich 1850 Airway and 1791 Aerostar 120 Fallon Road
Meridian Village Starbucks at 4th and Westside
Denny’s at Hollister Farms Battery Energy Storage Project 1961 & 1965 Airway Drive K2 Solutions RV Storage
Townhomes at 851 Sunnyslope Rd 4th and Graf Subdivision 2337 Technology Parkway 4th and Westside Residential Development Opal Fuels 600 Ernie Drive
Wright 13 1802 Shelton
Scope of Work
1. Planning Applications
Kimley-Horn will assist the Engineering Department with the review of planning applications through the Development Review Committee (DRC), including but not limited to pre-application submittals, Administrative Permit Reviews, Conditional Use Permits, Site and Architectural reviews, and Tentative Maps. These application types are reviewed for compliance with the City Municipal Code and Engineering Department Standards.
Planning application reviews include the review of:
· Preliminary Civil Plans
· Preliminary Stormwater Management Plans & City forms
· Preliminary Drainage Reports
· Preliminary Geotechnical Reports
· Traffic and Site Circulation Studies
Kimley-Horn will prepare Draft Conditions of Approval (COA) for Department review and approval after the return of the first review of a project application to the Planning Department.
Draft COAs will be submitted to the City Engineer.
2. DRC Meetings
Kimley-Horn will attend the DRC monthly meeting and provide input based on the status of current reviews. We estimate one two-hour Zoom meeting per month for the six-month duration of this effort.
3. Construction Document Submittal Review
Kimley-Horn will assist the Engineering Department with the review of construction document submittals for development projects.
DocuSign Envelope ID: AF216FE8-BDD7-4928-87BD-D6F86BE1F255 A.11.a
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kimley-horn.com 4637 Chabot Drive, Suite 350, Pleasanton, CA 94588 925.398.4840 These construction document submittals are reviewed for compliance with the City Municipal Code, Engineering Department Standards, approved development applications and project Conditions of Approval.
Construction Documents will vary by submittal. Typical documents to be reviewed include:
· Civil Plans
· Landscape Plans (for conflicts only)
· Joint Utility Plans (for conflicts only)
· Photometrics
· Pump or Lift Station Plans
· Water Reports
· Sewer Reports
· Hydrology and Hydraulics
· Stormwater Management
· Opinion of Probable Construction Costs
This proposal excludes the review of Survey documents such as maps and lot line adjustments.
Fee Estimate
The estimated fee for the review is based on experience for budgeting purposes, can vary based on the number, size, and complexity of development submittals, and is summarized in the table below.
Review Items
Project
Manager
Senior Prof.
Engineer
Prof.
Engineer
Accounting/
Admin Total
Falgout Whaley/Bernal LaVelle Hernandez/
Costello Hours Fee
$343 $289 $189 $133
1 Planning application review 64 40 10 114 $34,842
2 DRC meetings 8 8 $2,744
3 Construction Document
Review 135 135 110 8 388 $107,174
Labor Total 207 175 110 18 510 $144,760
Indirect Expenses (4.6% of labor)$6,659
Total Labor and Expenses $151,419
Note: The above fees are an estimate based on experience for a 4-month time frame and can vary based on the size, number, and complexity of projects as well as the quality of the plans submitted by the design engineers.
DocuSign Envelope ID: AF216FE8-BDD7-4928-87BD-D6F86BE1F255 A.11.a
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kimley-horn.com 4637 Chabot Drive, Suite 350, Pleasanton, CA 94588 925.398.4840 Project Schedule
Upon notice to proceed, we will work expeditiously to meet the following review schedules:
Planning Application Submittals:
· Typically, 2 weeks after receipt from the Planning Department Construction Document Submittals:
· 1st submittal 4-6 weeks
· 2nd submittal 3-4 weeks
· 3rd submittal 2-3 weeks
DocuSign Envelope ID: AF216FE8-BDD7-4928-87BD-D6F86BE1F255 A.11.a
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Certificate Of Completion
Envelope Id: AF216FE8BDD7492887BDD6F86BE1F255 Status: Completed Subject: Complete with DocuSign: Kimley-Horn Contract Amendment No. 3 09052023.pdf Source Envelope:
Document Pages: 6 Signatures: 1 Envelope Originator:
Certificate Pages: 5 Initials: 0 Tania Gonzalez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 68.189.121.226
Record Tracking
Status: Original
8/29/2023 8:16:40 AM
Holder: Tania Gonzalez
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Mike Mowery
[email protected]
SR VP, PE C66353. KHACA 24 Review
Security Level: Email, Account Authentication
(None)Signature Adoption: Uploaded Signature Image
Using IP Address: 134.238.198.140
Sent: 8/29/2023 8:17:50 AM
Viewed: 8/29/2023 8:27:53 AM
Signed: 8/29/2023 8:28:10 AM
Electronic Record and Signature Disclosure:
Accepted: 8/29/2023 8:27:53 AM
ID: 8378a3e2-fca7-48e2-9d02-92e58d34d496
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Tania Gonzalez
[email protected]
Senior Support Services Assistant
City of Hollister
Security Level: Email, Account Authentication
(None)
Sent: 8/29/2023 8:17:51 AM
Resent: 8/29/2023 8:28:12 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/29/2023 8:17:51 AM
Certified Delivered Security Checked 8/29/2023 8:27:53 AM Signing Complete Security Checked 8/29/2023 8:28:10 AM
Completed Security Checked 8/29/2023 8:28:10 AM
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Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 9/24/2020 3:10:58 PM Parties agreed to: Mike Mowery A.11.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-170, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT WITH ANNOTTI LANDING LLC AND THE FINAL MAP FOR TRACT NO. 316, ANNOTTI
LANDING SUBDIVISION AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION IMPROVEMENT AGREEMENT
BRIEF DESCRIPTION: Consider approving the Subdivision Improvement Agreement for Annotti Landing Subdivision, a conditionally approved residential development consisting of 6 lots including two duplex residential buildings with attached accessory dwelling units and four triplex residential buildings with attached accessory dwelling units, and the Final Map and authorize the City Manager to execute the Subdivision Improvement Agreement.
STAFF RECOMMENDATION: Adopt a resolution approving the Subdivision Improvement Agreement with Annotti Landing, LLC, and the final map for the Annotti Landing subdivision, Tract No. 316, and authorizing the City Manager to execute the Subdivision Improvement Agreement.
DEPARTMENT SUMMARY: The Annotti Landing Subdivision is a conditionally approved development for the purpose of constructing two duplex residential building with attached accessory dwelling units and four triplex residential building with attached accessory dwelling units. The development is located at 2001 Memorial Drive. The interior roads of the development are private, and include public infrastructure such as water, sewer and storm drain. The project will extent Memorial Drive to connect to Hermosa Way which will be a public road. A Subdivision Improvement Agreement has been prepared to ensure the completion of the public improvements for this subdivision.
The Final Map has been reviewed by staff and was found to be substantially complete, and in substantial conformance with the approved Tentative Map. The Tentative Map was approved by the City of Hollister Planning Commission on August 27, 2020, per Resolution 2020-15. There were no appeals by either the applicant, or other interested parties. Section 66474.1 of the Subdivision Map Act states that “A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map”.
As such, staff recommends approval of the Subdivision Improvement Agreement and Final Map.
FINANCIAL IMPACT: Engineering & Inspection Fees and Map Checking Fees will be collected prior to recordation of the final map. Additional impact fees will be collected at the time of Building Permit issuance or final occupancy for each property within the subdivision.
CEQA: Categorically exempt under CEQA Class 3 and Class 11 classifications
ATTACHMENTS:
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1. Annotti Landing Subdivision Improvement Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT WITH ANNOTTI LANDING LLC AND THE FINAL MAP FOR TRACT NO. 316, ANNOTTI LANDING SUBDIVISION AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT
WHEREAS, on August 27, 2020, the City of Hollister Planning Commission approved the Annotti Landing Subdivision (Tentative Map); and
WHEREAS, the appeal period has transpired without any appeals being lodged; and
WHEREAS, the Final Map has been verified for technical accuracy; and
WHEREAS, the City Engineer finds that final map is in substantial conform ance with the Tentative Map and any approved alterations thereof and that all provisions of the Subdivision Map Act and the City of Hollister’s Municipal Code Section 16.40 for Final Maps applicable at the time of the approval of the Tentative Map have bee n complied with, which are included within the Subdivision Improvement Agreement; and
WHEREAS, Annotti Landing LLC., must enter into an improvement agreement with the City prior to the map recording to ensure completion of the improvements required by the Tentative Map.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Subdivision Improvement Agreement with Annotti Landing LLC and the Final Map for Annotti Landing Subdivision, Tract No. 316, and authorizes the City Manager to execute the Subdivision Improvement Agreement.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-170, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Revised: July 1, 2023
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
)
CITY OF HOLLISTER )
375 Fifth Street )
Hollister, California 95023 )
Attention: City Clerk ) )
)
(Space Above This Line for Recorder’s Use Only)
Exempt from recording fee per Gov. Code §
27383.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (the “Agreement”) is made and entered into on this 5th day of September, 2023 (the “Effective Date”) by and between Annotti Landing LLC (“Developer”), and the CITY OF HOLLISTER, a California municipal corporation (“City”) (collectively, the “Parties”).
R E C I T A L S
A. Developer is the owner of that certain real property located 2001 Memorial Drive, in the City of Hollister, San Benito County, California, and identified by San Benito County Assessor Parcel Number 057-770-040 , as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the “Property”). Developer has submitted an application to the City for a Tentative Map and a Site and Architectural Application for a Planned Unit Development, within the Medium Density Residential Zoning District. (the “Project”).
B. The Project is subject to all mitigation measures, conditions of approval, and requirements set forth in paragraphs C, D, and E herein below (“Conditions”) adopted by Resolutions of the City Council and Planning Commission of the City of Hollister for the development of the Project.
C. On August 27, 2020, the Planning Commission of the City of Hollister adopted Resolution No. PC Res. 2020-15, approving Tentative Map No. 2020-1, for a Planned Unit Development for a subdivision of a 1.70 acre site into six (6) lots.
D. On August 27, 2020, the Planning Commission of the City of Hollister adopted Resolution No. PC Res. 2020-16, approving Site and Architectural Application No. 2020-9, to construct a duplex residential building with attached accessory dwelling units and a triplex residential building with attached accessory dwelling units.
E. On September 22, 2022, the Planning Commission of the City of Hollister adopted Resolution No. PC Res. 2022-16, approving a one (1) year extension for Tentative Map 2020-1.
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F. The Conditions require either (1) that certain improvements be constructed prior to approval of the final map, or (2) that Developer enter into an agreement with the City providing for the future construction of such improvements.
G. Developer has submitted plans, specifications and drawings for the improvements entitled “Civil Improvement Plans for Annotti Landing”, prepared by San Benito Engineering and Survey, (the “Improvement Plans”), which Improvement Plans have been approved by the City Engineer. The original Improvements Plans will be on file in the City of Hollister Engineering Department, and are incorporated herein by this reference.
H. City and Developer desire to enter an agreement providing for the construction and installation of the improvements in accordance with the Improvement Plans.
A G R E E M E N T
NOW, THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Agreement, the parties hereto agree as follows:
1. Purpose. The purpose of this Agreement is to guarantee completion of certain improvements in accordance with the Improvement Plans and ensure satisfactory performance by Developer of Developer’s obligations to satisfy the Conditions.
2. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed, installed and completed, at the Developer’s sole cost and expense, all improvements required by the Conditions and/or described in the Improvement Plans (the “Improvements”), in accordance with such plans, all applicable federal, state and local laws, regulations and standards, including without limitation State of California Division of Industrial Safety Construction Orders, and to the satisfaction of the City Engineer in his or her reasonable discretion. Developer will also supply all labor and materials therefor, all in strict accordance with the terms and conditions of this Agreement. The construction, installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the “Work.”
3. Duty to Maintain Improvements. City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements. Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section 3, City may do all work necessary for such maintenance A.12.a
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and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.
City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above, Developer shall make available for public use any streets, curbs, gutters, sidewalks or walkways, streetlights, street furniture, storm drain improvements, fire hydrants, and any other facilities intended for general public use, which are installed, altered or affected by the Work, as soon as they can be safely placed in service.
4. Commencement and Completion Date. Developer will notify City in writing at least 24 hours prior to the commencement of the Work. Developer will complete the Work within eighteen (18) months of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City Engineer in consultation with the City Attorney in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 14 shall remain enforceable throughout the term of the extension.
5. Estimated Cost of Work. The estimated cost of the Work is One Million Two Hundred Fifty Six Thousand One Hundred Eighty Four 00/100 dollars ($1,256,184.00).
Notwithstanding this estimate, Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer’s financial obligation, and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. The estimated cost of the work is attached hereto as Exhibit B and incorporated by this reference.
6. Modifications to the Plans. Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes, errors or omissions in the Improvement Plans.
If, at any time, in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with this Agreement.
7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public or private property damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7. City shall be under no obligation whatsoever to approve or accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and required written acceptances have been provided to the City Engineer.
8. Foreman or Superintendent. Developer shall give personal attention to the Work.
A competent foreman or superintendent, satisfactory to the City Engineer, in his or her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and approval of the City Engineer. Developer shall provide the City with emergency contact information for A.12.a
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the foreman or superintendent prior to commencement of the Work.
9. Examination of Work. All of the Work shall be performed to the satisfaction of the City Engineer in his or her reasonable discretion. The City and its authorized agents shall, at all times during the performance of the Work, have free access to the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. No Work shall be performed without inspection by City. Any Work performed without inspection is subject to rejection by City. All Work shall be performed during the City’s normal working hours and work days. If any Work is planned to be performed during non-working hours or work days, there must be a request made in writing to City at least seventy-two (72) hours in advance. If an inspector is available, Developer shall pay the actual costs for overtime work as provided in Section 10 below. If an inspector is not available, no Work shall be performed.
10. City Improvement Plan Review, Inspection, Administration and Testing.
Developer shall pay to City the actual cost for all improvement plan review, inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Engineering & Inspection Costs”). The estimated cost for City Engineering & Inspection Costs is One Hundred Two Thousand Eight Hundred Eighty Two 35/100 dollars ($102,882.35) (the “Estimated Engineering & Inspection Cost”). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Engineering & Inspection Cost for the payment of the City Engineering & Inspection Costs. In the event that the Estimated Engineering & Inspection Cost is insufficient to cover the actual City Engineering & Inspection Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Engineering & Inspection Costs. The estimated cost for the payment of the City Engineering & Inspection Costs is attached hereto as Exhibit C and incorporated by this reference
11. City Final Map Review. Developer shall pay to City the actual cost for all final map review services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the “City Final Map Costs”). The estimated cost for City Final Map Costs is Seven Thousand Thirty One dollars 92/100 ($7,031.92) (the “Estimated Final Map Cost”). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Final Map Cost for the payment of the City Final Map Costs. In the event that the Estimated Final Map Cost is insufficient to cover the actual City Final Map Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Final Map Costs. The estimated cost for the payment of the City Final Map Costs is attached hereto as Exhibit D and incorporated by this reference
12. Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations, including the Subdivision Ordinance, in the performance of this Agreement. Developer shall, at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Property. Copies and/or proof of payment of said permits, licenses, notices, fee and tax payments and deposits shall be furnished to the City Engineer upon request.
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13. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City in order to perform the Work. Prior to excavating within the public right of way for connections to public utilities, Developer must provide to the City documentation satisfactory to the City Engineer that the providers of such utilities services have agreed to serve the Project.
14. Performance, Labor and Materials and Warranty Security. In accordance with the Subdivision Ordinance and the Subdivision Map Act, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds, each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Attorney in accordance with the Subdivision Ordinance.
14.1 Performance Bond. Developer must provide a performance bond or security as described Section 16.24.220 of the City of Hollister Municipal Code, to guarantee the construction or installation of the improvements, which the Parties estimate at is One Million Two Hundred Fifty Six Thousand One Hundred Eighty Four 00/100 dollars ($1,256,184.00), concurrently with the execution of this Agreement, which bond must meet the requirements of the City of Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.1, as may be amended, and be acceptable to the City Attorney. The bond shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance or final approval of the Improvements and Developer’s delivery of a Warranty Bond, as described below, or as otherwise allowed by Government Code Section 66499.7. The estimate for the performance bond amount is attached hereto as Exhibit E and incorporated by this reference.
14.2 Labor and Materials Bond. Pursuant to Section 16.24.220 of the Hollister Municipal Code, Developer shall furnish and deliver a labor and materials surety bond in the amount of is One Million Two Hundred Fifty Six Thousand One Hundred Eighty Four 00/100 dollars (1,256,184.00), concurrently with the execution of this Agreement, which bond must meet the requirements of the Hollister Municipal Code Section 16.24.230 and Government Code Section 66499.2, as may be amended, and be acceptable to the City Attorney. The bond shall secure payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain the bond until both (a) the City accepts or gives final approval to the Work, and (b) the statute of limitations to record a claim of lien under Civil Code section 8410 et seq. has expired. After said date, the bond may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the bond shall be retained until the final settlement of all such claims and obligations. If no such claims have been recorded, the bond shall be released in full by the City Engineer. The estimate for the labor and materials bond amount is attached hereto as Exhibit F and incorporated by this reference.
15. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have an updated engineer’s estimate prepared, the City shall provide written notice to Developer. Developer shall provide such estimate within the timeframe set forth in the City’s notice and shall make such modifications to the estimate as may be reasonably requested by City. Developer shall provide A.12.a
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additional security as may be required by the updated engineer’s estimate. If Developer is required to post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to City. The condition of the security shall be that if Developer fails to perform its obligations under this Agreement, the City may, as applicable, use the proceeds or require the sureties to perform the obligations, of the Agreement.
16. No Waiver by City. Inspecting of the work and/or materials, or approval of work and/or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.
17. Encroachment Permit Prior to Acceptance of Improvements. Developer shall obtain an encroachment permit, if required by the City Engineer, to work within the existing or dedicated right of way prior to acceptance of improvements.
18. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Work, or pays the full cost of such repair to the owner whose property was damaged, and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair in accordance with Section 7 above, Developer will provide City with a written notice of completion, together with copies of all written acceptances as described in Section 7. City, in its sole and absolute discretion, may accept or give final approval to the Work in phases and allow a partial release of the bonds provided under Section 14 above.
19. Final Acceptance.
19.1 Notice of Satisfactory Completion of the Work. Within fifteen (15) days of receipt of Developer’s written notification pursuant to Section 18 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his reasonable discretion, and whether the written acceptances described in Section 7 have been provided. If the Work and repair are, in the opinion of the City Engineer, not complete, not satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory. Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. Prior to acceptance of improvements, Developer shall obtain a written notice of satisfactory completion of the work issued from the City Engineer. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer’s failure to respond to Developer’s written notification within fifteen (15) days will not be deemed a breach or default under this Agreement.
19.2 Fees, Documentation, and Agreements Prior to Acceptance of the Work.
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provide all documents, including, but not limited to, operations and maintenance manuals and a storm water management plan post construction requirements form, required by the City Engineer prior to the acceptance of the improvements. All agreements, including, but not limited to maintenance agreements, required by the Engineer shall be executed prior to acceptance of the improvements.
19.3 Acceptance of Improvements. After Developer satisfies the requirements for acceptance of the improvements specified in this Agreement, the City Engineer will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council. The acceptance of those Improvements shall be by resolution.
Upon adoption of such resolution, the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of San Benito County. Title to, and ownership of, all Improvements constructed by Developer under this Agreement within the public right of way, or designated for public use, shall vest in City upon City’s acceptance of such Improvements. Acceptance of the Improvements by the City shall be deemed as final approval of the completed Improvements that are not accepted for ownership by the City.
19.4 Acceptance of Dedications. In conjunction with the recommendation to accept the Improvements, the City Engineer will recommend the acceptance of any offers of dedication shown on the final map for, or separately recorded against, the Property (“Dedicated Property”). The Dedicated Property shall be conveyed free and clear of all liens, encumbrances, assessments and leases (recorded and unrecorded), except items approved by City in writing. City may require Developer to obtain and pay for title insurance in connection with any such approvals of title exceptions.
19.5 Environmental Warranty.
A. As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the Developer to the City of Hollister for the Property, Developer hereby warrants to the City of Hollister that:
(1) Neither the Property to be dedicated nor Developer are in violation of any environmental law, and neither the Property to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with any and all applicable environmental laws relating to the Property to be dedicated.
(2) Neither Developer nor any other person with Developer’s permission to be upon the Property to be dedicated, shall use, generate, manufacture, produce, or release, on, under, or about the Property to be dedicated, any Hazardous Substances, except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term “Hazardous Substances” shall mean any substance or material, which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as “Toxic Materials” in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials or substances requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies. (3) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Property to be dedicated or the migration of any Hazardous Substances from or to any other Property adjacent to, or in the vicinity A.12.a
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of, the Property to be dedicated.
(4) Developer’s prior and present use of the Property to be dedicated has not resulted in the release of any Hazardous Substances on the Property to be dedicated.
B. Developer shall give prompt written notice to City of:
(1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substances on the Property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Property to be dedicated;
(2) Any claims made or threatened by any third party against City or the Property to be dedicated relating to any loss or injury resulting from any Hazardous Substances; and (3) Developer’s discovery of any occurrence or condition on any property adjoining or in the vicinity of the Property to be dedicated that could cause the Property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
20. Reversion to Acreage. If Developer fails to perform its obligations under this Agreement, Developer consents to the reversion to acreage of Property pursuant to Government Code section 66499.16 at Developer’s sole cost and expense
21. Warranty Period.
21.1 Warranty; Repair and Reconstruction. Without limiting the foregoing, Developer expressly warrants and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the Improvements in accordance with Section 19.3. If, within this one-year period, any Improvement or part of any Improvement installed or constructed, or caused to be installed or constructed by Developer, or any of the Work, fails to fulfill any of the requirements of the Improvement Plans or this Agreement, Developer shall, without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs, replacements or reconstruction to be made before Developer can be notified, City may, at its option, make the necessary repairs, replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs, replacements or reconstruction plus 25 percent. Developer shall provide a notice of the expiration of the warranty period, not more than 60 days and not less than 45 days prior to the end of the warranty period, to the City.
21.2 Warranty Bond. Developer shall furnish and deliver a warranty bond in the amount of ten percent of the value of the Improvements prior to acceptance and final approval of the Improvements and prior to release of the entirety of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished. The warranty bond shall not be released until the City Engineer authorizes, in writing, the release of the bonds.
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of City and the Developer’s relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
23. Indemnification. Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents, employees and consultants, harmless from and against any and all claims, liabilities, losses, damages, injuries, penalties, fines, judgments, awards, decrees, attorneys’ fees and related costs or expenses of any kind or nature (collectively, “Claims”) arising out of this Agreement, including without limitation Developer’s, or Developer’s contractors’, subcontractors’, agents’ or employees’, acts, omissions, or operations under this Agreement, and the performance of the Work, whether such acts, omissions, or operations are by Developer or any of Developer’s contractors, subcontractors, agents or employees. The aforementioned indemnity shall apply regardless of whether or not City has prepared, supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall not waive any of its rights under this indemnity provision because of its acceptance of the bonds or insurance required under the provisions of this Agreement. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement.
24. Insurance. During the term of this Agreement, Developer shall maintain at its cost and expense the following insurance coverage against Claims, including Claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work and the results of that Work by the Developer, its contractors, agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the City in writing:
24.1 Commercial General Liability (CGL). Developer shall provide or cause to be provided Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Project and Property or the general aggregate limit shall be twice the required occurrence limit.
24.2 Automobile Liability Insurance. Developer shall provide or cause to be provided ISO Form Number CA 00 01 covering any auto (Code 1), or if Developer has no owned autos, hired (Code 8), and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
24.3 Workers' Compensation Insurance. Developer shall provide, or cause to be provided, workers’ compensation insurance as required by law, and shall cause its contractors and their subcontractors, agents and representatives to maintain workers’ compensation insurance as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. For services deemed public works, by signing this agreement, Developer is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to A.12.a
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undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."
24.4 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
24.4.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Developer’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
24.4.2 Primary Coverage. For any Claims related to this Agreement, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Developer’s insurance and shall not contribute with it.
24.4.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
24.4.4 Waiver of Subrogation. Developer hereby grants to City a waiver of any right to subrogation which any insurer of said Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
24.4.5 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Developer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
24.5 Certificate of Insurance and Endorsements. Developer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the City before the Work commences. However, failure to obtain the required documents prior to the commencement of the Work shall not waive the Developer’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
24.6 Developer’s Consultants and Contractors. Developer shall include all of their consultants and all prime contractors and subcontractors as insured under its polices or shall furnish separate certificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
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24.7 Higher Limits. If the Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
25. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7, the Labor and Materials Bond provided by Developer in accordance with Section 14.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 8424.
26. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work;
(2) Developer assigns the Agreement without the prior written consent of City;
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer’s insolvency;
(4) Developer or Developer’s consultants, contractors, subcontractors, agents or employees, fail to comply with any terms or conditions of this Agreement or
(5) There is any delay in the construction of any portion of the Work or repairs, which in the reasonable opinion of the City Engineer, endangers public or private property.
The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds.
27. Breach of Agreement; Performance by City; Remedies. If the City gives Developer notice, under Section 26, of breach and default of this Agreement, the City may pursue any and all remedies available, including but not limited to, bringing legal action to compel performance of the Work, holding the financial institutions that issued the bonds liable to complete the Work and/or for the cost of the Work and/or proceeding to complete the Work by contract or other method the City considers advisable, at the sole expense of Developer. If City completes the Work, Developer, immediately upon demand, shall pay the costs and charges related to the Work and any subsequent repairs. City, without liability for doing so, may take possession of and utilize in completing the Work and repairs, if any, such materials and other property belonging to Developer as may be on or about the Property and necessary for completion of the work. In the event of default, the financial institution holding the bonds shall be liable to City to pay the face amount of A.12.a
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the bonds, as specified in this Agreement. As noted above, City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs, if any, including City’s administrative and legal costs. Developer agrees that if legal action is brought by City under this Section of the Agreement, Developer shall pay all of the costs of suit, reasonable attorney fees, arbitration costs and such other costs as may be determined by the court or arbitrator.
No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.
28. Erosion Control. Developer shall take all necessary actions during the Work to prevent erosion damage and to prevent migration of soil or silt- or sediment-contaminated storm water run-off onto streets or other properties or into creeks, seasonal drainage courses or the public storm drain system. It is understood and agreed that in the event of failure on the part of Developer to prevent erosion or soil migration or storm water contamination, City may implement any and all erosion or storm water protection and/or mitigation measures it determines to be necessary on an emergency basis and Developer shall, within thirty (30) days of receiving notice in writing from the City Engineer, reimburse City for all of City’s actual expenses incurred (including administrative and/or legal expenses) in implementing such erosion protection and/or mitigation measures. If Developer fails to timely reimburse City, City may proceed against the Performance Bond described in Section 14.1 to cover all of City’s actual expenses.
29. Final Drawings. Upon completion of the Work and prior to final acceptance and approval, Developer shall deliver to City a set of “as-built” drawings. These drawings shall be in a form acceptable to the City Engineer, shall be certified as being “as-built” and shall reflect the Work as actually constructed, with any and all changes incorporated therein. The drawings shall be signed and sealed as accurate by the engineer of record.
30. Attorneys’ Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys’ fees, arbitration costs and such other costs as may be determined by the court or arbitrator.
31. Notices. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City and Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail, postage prepaid, to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either party may from time-to-time designate by next day delivery or by mail as provided in this Section.
City: CITY OF HOLLISTER
375 Fifth Street
Hollister, California 95023
Attention: City Engineer
Developer: Annotti Landing LLC.
P.O BOX 1750
Hollister, CA 95023
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Attention: Roger Macdonald
Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California.
32. Transfers; Assignments. Developer may assign its obligations under this Agreement to successor owner(s) of the Property only with the prior written consent of the City.
In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney.
33. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto; provided, however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 32. If this Agreement has not been assigned or if the assignment has not been consented to by City, it shall remain binding on Developer.
34. Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement.
35. Severability. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, and shall remain in full force and effect.
36. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered, amended or modified without the written consent of both parties.
37. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Benito, California, State of California.
38. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.
39. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.
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Exhibit A
Legal Description of the
Property
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EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Hollister, County of San Benito, State of California, described as follows:
BEING A PORTION OF HOMESTEAD LOT 38 OF THE RANCHO SAN JUSTO ACCORDING TO THE MAP THEREOF FILED FOR RECORD IN VOLUME 1 OF MAPS, AT PAGE 64, SAN BENITO COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RANCHO VILLAGE, UNIT NO. 2 ACCORDING TO THE MAP THEREOF FILED FOR RECORDED IN VOLUME 6 OF MAPS AT PAGE 57, SAN BENITO COUNTY
RECORDS, AT THE POINT OF INTERSECTION THEREOF WITH THE EASTERLY LINE OF LOMA VISTA
DRIVE AS SHOWN ON SAID MAP OF RANCHO VILLAGE, THENCE ALONG THE SOUTHERLY LINE OF SAID RANCHO VILLAGE.
SOUTH 86° 59' EAST 214.25 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF HERMOSA
WAY, THENCE
ALONG A CURVE TO THE LEFT HAVING A TANGENT BEARING SOUTH 2° 37' EAST WITH A RADIUS OF 900.00 FEET THROUGH A CENTRAL ANGLE OF 0° 24’ 12" FOR A DISTANCE OF 6.34 FEET THENCE ALONG A CURVE TO THE LEFT FROM A TANGENT BEARING SOUTH 3° 01’ 12" EAST WITH A RADIUS OF 416.33 FEET THROUGH A CENTRAL ANGLE OF 25° 01’ 18" FOR A DISTANCE OF 181.82 FEET, THENCE SOUTH 28° 02' 30" EAST 54.10 FEET, THENCE
SOUTH 61° 57' 30" WEST 303.07 FEET, THENCE
NORTH 3° 04' 35" WEST 382.18 FEET TO THE POINT OF BEGINNING.
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Exhibit B
Estimated Cost of Work
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EXHIBIT B
NAME OF PROJECT: Annotti Landing SAN BENITO ENGINEERING & SURVEYING, INC.
DATE: 10/28/22 502 Monterey Street
JOB NUMBER: 119017
Hollister, California 95023
ESTIMATED QUANTITIES
ITEM NO.DESCRIPTION QUANTITY UNIT PRICE COST
1 MOBILIZATION, CLEAR & GRUB 1 L.S.50,000.00 50,000
2 MASS GRADING 1 L.S.65,000.00 65,000
3 STREET & LOT GRADING 1,576 S.Y.12.00 18,912
4 3" ASPHALT CONCRETE/ 10" CLASS II AB 1,930 S.Y.70.00 135,100 5 FOG SEAL 1,930 S.Y.1.75 3,378
6 8" SANITARY SEWER MAIN 300 L.F.44.00 13,200
7 SANITARY SEWER MANHOLE 4 EA.6,500.00 26,000
8 CONNECT TO EXISTING SANITARY SEWER 1 EA.7,500.00 7,500 9 6" SEWER SERVICES 6 EA.5,000.00 30,000
10 12" STORM DRIAN PIPE 762 L.F.75.00 57,150
11 18" STORM DRAIN PIPE 230 L.F.100.00 23,000
12 AREA DRAINS 28 EA.150.00 4,200
13 CURB INLET 4 EA.4,000.00 16,000
14 DRY WELL SYSTEM 1 EA.85,000.00 85,000
16 CURB & GUTTER (INCL. GRAVEL CUSHION)627 L.F.65.00 40,755 17 6" VERTICAL CURB (INCL. GRAVEL CUSHION)331 L.F.30.00 9,930 18 4" SIDEWALK (INCL. GRAVEL CUSHION)6,255 S.F.16.00 100,080 19 6" SIDEWALK (INCL. GRAVEL CUSHION) DRIVEWAYS 1,500 S.F.25.16 37,745 20 RETAINING WALLS 200 L.F.500.00 100,000
21 SURVEY MONUMENT 2 EA.650.00 1,300
22 STREET LIGHT 1 EA.10,000.00 10,000
23 PARKING LOT LIGHT 3 EA.10,000.00 30,000
24 TRASH ENCLOSURE 2 EA.14,000.00 28,000
25 FENCING 941 L.F.35.00 32,935
26 STRIPING 1 L.S.25,000.00 25,000
27 STABILIZED CONSTRUCTION ENT. (INCL. MAINTENANCE)1 L.S.8,000.00 8,000 28 EROSION & SEDIMENT CONTROL (INCL. MAINTENANCE)1 L.S.33,000.00 33,000 29 LANDSCAPING 1 L.S.180,000.00 180,000
30 JOINT TRENCH 1 L.S.85,000.00 85,000
Total 1,256,184.00$
125,618.40
102,882.35
10% CONTINGENCY $
TOTAL CITY FEES $
51,441.1850% DUE AT SUBMITTAL $
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Exhibit C
City Engineering & Inspection Costs
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EXHIBIT C
Estimated Cost for the Payment of the City Costs
Engineering & Inspection Fee
Engineering & Inspection Fee = Engineer’s Estimate
=
=
($1,256,184.00)
$102,882.35
Map Checking Fee
Map Checking Fee = $7,031.92
Estimated Cost for the Payment of the City Costs
Estimated Cost for the Payment of the City Costs = Engineering & Inspection Fee + Map Checking Fee = $102,882.35+ $7,031.92
= $109,914.27
Estimated Cost for the Payment of the City Costs = $109,914.27 A.12.a
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Exhibit D
Final Map Fee Costs
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EXHIBIT C
Estimated Cost for the Payment of the City Costs
Engineering & Inspection Fee
Engineering & Inspection Fee = Engineer’s Estimate
=
=
($1,256,184.00)
$102,882.35
Map Checking Fee
Map Checking Fee = $7,031.92
Estimated Cost for the Payment of the City Costs
Estimated Cost for the Payment of the City Costs = Engineering & Inspection Fee + Map Checking Fee = $102,882.35+ $7,031.92
= $109,914.27
Estimated Cost for the Payment of the City Costs = $109,914.27 A.12.a
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Revised: July 1, 2023
Exhibit E
Performance Bond Amount
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EXHIBIT E
SAN BENITO ENGINEERING & SURVEYING, INC.
502 Monterey Street
NAME OF PROJECT: Annotti Landing
DATE: 10/28/22
JOB NUMBER: 119017
Hollister, California 95023
ESTIMATED QUANTITIES
ITEM NO.DESCRIPTION QUANTITY UNIT PRICE COST
1 MOBILIZATION, CLEAR & GRUB 1 L.S.50,000.00 50,000
2 MASS GRADING 1 L.S.65,000.00 65,000
3 STREET & LOT GRADING 1,576 S.Y.12.00 18,912
4 3" ASPHALT CONCRETE/ 10" CLASS II AB 1,930 S.Y.70.00 135,100 5 FOG SEAL 1,930 S.Y.1.75 3,378
6 8" SANITARY SEWER MAIN 300 L.F.44.00 13,200
7 SANITARY SEWER MANHOLE 4 EA.6,500.00 26,000
8 CONNECT TO EXISTING SANITARY SEWER 1 EA.7,500.00 7,500 9 6" SEWER SERVICES 6 EA.5,000.00 30,000
10 12" STORM DRIAN PIPE 762 L.F.75.00 57,150
11 18" STORM DRAIN PIPE 230 L.F.100.00 23,000
12 AREA DRAINS 28 EA.150.00 4,200
13 CURB INLET 4 EA.4,000.00 16,000
14 DRY WELL SYSTEM 1 EA.85,000.00 85,000
16 CURB & GUTTER (INCL. GRAVEL CUSHION)627 L.F.65.00 40,755 17 6" VERTICAL CURB (INCL. GRAVEL CUSHION)331 L.F.30.00 9,930 18 4" SIDEWALK (INCL. GRAVEL CUSHION)6,255 S.F.16.00 100,080 19 6" SIDEWALK (INCL. GRAVEL CUSHION) DRIVEWAYS 1,500 S.F.25.16 37,745 20 RETAINING WALLS 200 L.F.500.00 100,000
21 SURVEY MONUMENT 2 EA.650.00 1,300
22 STREET LIGHT 1 EA.10,000.00 10,000
23 PARKING LOT LIGHT 3 EA.10,000.00 30,000
24 TRASH ENCLOSURE 2 EA.14,000.00 28,000
25 FENCING 941 L.F.35.00 32,935
26 STRIPING 1 L.S.25,000.00 25,000
27 STABILIZED CONSTRUCTION ENT. (INCL. MAINTENANCE)1 L.S.8,000.00 8,000 28 EROSION & SEDIMENT CONTROL (INCL. MAINTENANCE)1 L.S.33,000.00 33,000 29 LANDSCAPING 1 L.S.180,000.00 180,000
30 JOINT TRENCH 1 L.S.85,000.00 85,000
Total 1,256,184.00$
125,618.40
102,882.35
10% CONTINGENCY $
TOTAL CITY FEES $
51,441.1850% DUE AT SUBMITTAL $
PERFORMANCE BOND AMOUNT = $1,256,184.00
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Exhibit F
Labor & Material Bond Amount
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EXHIBIT F
SAN BENITO ENGINEERING & SURVEYING, INC.
502 Monterey Street
NAME OF PROJECT: Annotti Landing
DATE: 10/28/22
JOB NUMBER: 119017
Hollister, California 95023
ESTIMATED QUANTITIES
ITEM NO.DESCRIPTION QUANTITY UNIT PRICE COST
1 MOBILIZATION, CLEAR & GRUB 1 L.S.50,000.00 50,000
2 MASS GRADING 1 L.S.65,000.00 65,000
3 STREET & LOT GRADING 1,576 S.Y.12.00 18,912
4 3" ASPHALT CONCRETE/ 10" CLASS II AB 1,930 S.Y.70.00 135,100 5 FOG SEAL 1,930 S.Y.1.75 3,378
6 8" SANITARY SEWER MAIN 300 L.F.44.00 13,200
7 SANITARY SEWER MANHOLE 4 EA.6,500.00 26,000
8 CONNECT TO EXISTING SANITARY SEWER 1 EA.7,500.00 7,500 9 6" SEWER SERVICES 6 EA.5,000.00 30,000
10 12" STORM DRIAN PIPE 762 L.F.75.00 57,150
11 18" STORM DRAIN PIPE 230 L.F.100.00 23,000
12 AREA DRAINS 28 EA.150.00 4,200
13 CURB INLET 4 EA.4,000.00 16,000
14 DRY WELL SYSTEM 1 EA.85,000.00 85,000
16 CURB & GUTTER (INCL. GRAVEL CUSHION)627 L.F.65.00 40,755 17 6" VERTICAL CURB (INCL. GRAVEL CUSHION)331 L.F.30.00 9,930 18 4" SIDEWALK (INCL. GRAVEL CUSHION)6,255 S.F.16.00 100,080 19 6" SIDEWALK (INCL. GRAVEL CUSHION) DRIVEWAYS 1,500 S.F.25.16 37,745 20 RETAINING WALLS 200 L.F.500.00 100,000
21 SURVEY MONUMENT 2 EA.650.00 1,300
22 STREET LIGHT 1 EA.10,000.00 10,000
23 PARKING LOT LIGHT 3 EA.10,000.00 30,000
24 TRASH ENCLOSURE 2 EA.14,000.00 28,000
25 FENCING 941 L.F.35.00 32,935
26 STRIPING 1 L.S.25,000.00 25,000
27 STABILIZED CONSTRUCTION ENT. (INCL. MAINTENANCE)1 L.S.8,000.00 8,000 28 EROSION & SEDIMENT CONTROL (INCL. MAINTENANCE)1 L.S.33,000.00 33,000 29 LANDSCAPING 1 L.S.180,000.00 180,000
30 JOINT TRENCH 1 L.S.85,000.00 85,000
Total 1,256,184.00$
125,618.40
102,882.35
10% CONTINGENCY $
TOTAL CITY FEES $
51,441.1850% DUE AT SUBMITTAL $
LABOR & MATERIALS BOND AMOUNT = $1,256,184.00
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ACKNOWLEDGEMENTS
STATE OF CALIFORNIA )
COUNTY OF )
On , 2023 before me, ,
(Insert name and title of officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public
* * * * * * * * * * * * *
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
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STATE OF CALIFORNIA )
COUNTY OF )
On , 2023 before me, ,
(Insert name and title of officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 25, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-171, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN THE
ASSIGNMENT AND ASSUMPTION OF REIMBURSEMENT AGREEMENT APPROVING THE
ASSIGNMENT OF THE REIMBURSEMENT AGREEMENT FOR THE VALLEY VIEW PARK
EXTENSION
BRIEF DESCRIPTION: Consider authorizing the City Manager to sign the Assignment and Assumption of Reimbursement Agreement approving the assignment of the Reimbursement Agreement for the Valley View Park Extension.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign the Assignment and Assumption of Reimbursement Agreement approving the assignment of the Reimbursement Agreement for the Valley View Park Extension.
DEPARTMENT SUMMARY: The City of Hollister entered into a Reimbursement Agreement with Hollister Enterprise, LLC dated February 20, 2018, for construction of the Valley View Park Extension. The Valley View Park Extension is part of the Roberts Rach development project.
After the Reimbursement Agreement was executed, Hollister Enterprise, LLC assigned the project to KB Homes South Bay Inc.
KB Homes South Bay, Inc. has completed construction and is seeking reimbursement for the work.
The City’s approval of the Assignment and Assumption of Reimbursement Agreement will allow KB Homes South Bay, Inc. to be reimbursement for their work.
FINANCIAL IMPACT: The construction of the Valley View Park Extension was $1,137,124.44.
The KB HOME South Bay Inc. will be reimbursed $232,536.19 from Fund 205.
CEQA: CEQA requirements for the Valley View Park Extension was addressed as part of the environmental impact report for Roberts Ranch Development Project.
ATTACHMENTS:
1. Assignment and Assumption of Reimbursement Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-171
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER TO SIGN THE ASSIGNMENT AND ASSUMPTION OF REIMBURSEMENT
AGREEMENT APPROVING THE ASSIGNMENT OF THE REIMBURSEMENT AGREEMENT
FOR THE VALLEY VIEW PARK EXTENSION
WHEREAS, the City of Hollister entered into a Reimbursement Agreement with Hollister Enterprise, LLC dated February 20, 2018 for construction of the Valley View Park Extension ; and
WHEREAS, the Valley View Park Extension is part of the Roberts Rach development project; and
WHEREAS, after the Reimbursement Agreement was executed, Hollister Enterprise, LLC assigned the project to KB Homes South Bay Inc.; and
WHEREAS, KB Homes South Bay, Inc. has completed construction and is seeking reimbursement for the work; and
WHEREAS, the approval of the Assignment and Assumption of Reimbursement Agreement will allow KB Homes South Bay, Inc. to be reimbursement for their work.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to sign the Assignment and Assumption of Reimbursement Agreement approving the assignment of the Reimbursement Agreement for the Valley View Park Extension.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-171, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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ASSIGNMENT AND ASSUMPTION
OF REIMBURSEMENT AGREEMENT
This Assignment and Assumption of Reimbursement Agreement (“Assignment”) is made by and between HOLLISTER ENTERPRISE, LLC, a California limited liability company (“Assignor”), and KB HOME SOUTH BAY, INC., a California corporation (“Assignee”), effective as of March 5, 2020.
R ECITALS
A. Assignor, as Developer, and the City of Hollister, California, a California Municipal Corporation (“City”), entered into that certain Reimbursement Agreement (“Agreement”) dated February 20, 2018, applicable to the payment of fees, construction of certain improvements, and reimbursement of impact fees and costs incurred in construction of such improvements all relating to the residential development contemplated by that certain Tentative Map No. 2016-1 located in the City of Hollister, California.
B. Assignor desires to assign and Assignee desires to assume all rights and obligations of Assignor under the Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and for the purposes and in consideration of the mutual covenants hereinafter contained, Assignor and Assignee agree as follows:
Section 1. Assignment and Assumption.
Assignor assigns to Assignee all of Assignor’s right, title, and interest under the Agreement, including without limitation, all right, title, and interest in and to any reimbursements contemplated therein. Assignee assumes and agrees to perform and observe all of the obligations and covenants of Assignor in the Agreement to be performed on or after the date of this Assignment.
Section 2. Successors and Assigns.
This Assignment shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective successors and assigns.
Section 3. Governing Law.
This Assignment shall be governed and construed in accordance with California law.
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WHEREFORE, the parties have executed this Assignment as of the date first set forth above.
ASSIGNOR:
HOLLISTER ENTERPRISE, LLC,
a California limited liability company
By:
Name:
Title:
By:
Name:
Title:
ASSIGNEE:
KB HOME SOUTH BAY, INC.,
a California corporation
By:
Name:
Title:
With reference to Section 11 of the Agreement, the City hereby consents to the assignment and assumption of all of Assignor’s right, title, and interest under the Agreement as contemplated above.
CITY OF HOLLISTER, CALIFORNIA,
a California Municipal Corporation
By:
Name:
Title:
Jeffrey McMullen
SVP Land Acquisition
Jim Brennan
Managing Member
Richard Scagliotti
Managing Member
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 16, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Information Services
Paul DaSilva, Information
Systems Manager
TITLE OF ITEM: RESOLUTION NO. 2023-172, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AGREEMENT WITH SPECTRUM ENTERPRISE TO PROVIDE INTERNET
SERVICES TO THE CITY OF HOLLISTER
BRIEF DESCRIPTION: This Resolution will approve an agreement with Spectrum Enterprise to provide the City of Hollister with 1 Gigabit Fiber-Optic Internet Service for a term of 60 months.
RECOMMENDATION: Adopt a resolution approving the agreement with Spectrum Enterprise to provide 1 Gigabit Fiber-Optic Internet Service to the City of Hollister and authorize the City Manager or his designee to execute such agreement.
DEPARTMENT SUMMARY: The City of Hollister currently utilizes 1gb fiber internet services from Spectrum Enterprise and AT&T, as well as a 50mb microwave internet service provided by Etheric Networks. These services are used to provide redundant internet connectivity for use with network / software applications, VoIP phone, and Public Safety services, should any one of the internet links go down.
The City utilizes a 1 Gigabit Fiber-Optic Internet Service from Spectrum Enterprise at a current rate of $2,000.00 per month. Information Systems and Technology Director negotiated a 60 month term with Spectrum Enterprise to continue providing the 1 Gigabit Internet Service at a reduced rate of $1,219.00 per month. This provides a savings of $781.00 per month on this service over the 60 month period.
Spectrum Enterprise has been very responsive when the fiber connectivity has been disrupted, which has only happened about 3-4 times over the course of 5 years and is proactive in notifying the City Information Systems Department of any normal maintenance down time. As a result of these positive experiences, the Information Systems and Technology Director recommends continuation of the internet service provided by Spectrum Enterprise.
FINANCIAL IMPACT: Information Systems Fiscal Year 2023-2024 Budget reduced expenditure from $2,000.00 per month for current Fiber-Optic Internet Services provided from Spectrum Enterprise, to $1,219.00 per month. Thus, providing an annual savings of $9,372.00 or savings of $46,860.00 over the 60 month term.
CEQA: N/A
ATTACHMENTS:
1. SpectrumFiberInternetRenewal-2023-ProposalDocs
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
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David Mirrione, City Manager
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RESOLUTION NO. 2023-172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN AGREEMENT WITH SPECTRUM
ENTERPRISE TO PROVIDE INTERNET SERVICES TO THE CITY OF HOLLISTER
WHEREAS, the city departments of the City of Hollister utilize internet access for normal business and operations; and
WHEREAS, the functionality and reliability of the City of Hollister’s internet connection is needed to keep up with current and future technological demands; and
WHEREAS, the current agreement for internet services by Spectrum Enterprise is up for renewal; and
WHEREAS, Spectrum Enterprise is offering a 60 month agreement to provide and maintain fiber-optic internet service to the City of Hollister at a reduced cost of $1,219.00 monthly; and
WHEREAS, the renewed agreement will provide an annual savings of $9,372.00 or $46,860.00 over the 60 month term.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the agreement with Spectrum Enterprise to provide fiber internet service to the City of Hollister, and authorizes the City Manager or his Designee to execute such agreement.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-172, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 24, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-173, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER NAMING THE VISTA PARK HILL SOFTBALL FIELD THE "ANTHONY DESCLAFANI JUNIOR GIANTS FIELD"
BRIEF DESCRIPTION: For the last few weeks, staff has worked with the Giants Community Fund to renovate the softball field at Vista Park Hill. Staff request approval to name this field the “Anthnoy DeSclafani Junior Giants Field.”
RECOMMENDATION: Adopt a resolution naming the Vista Park Hill softball field the "Anthony DeSclafani Junior Giants Field.”
DEPARTMENT SUMMARY: The City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021. The policy establishes a uniform policy regarding requests for the naming or renaming of City parks, recreation facilities, or special features in a park that are compatible with community interest and will enhance the values and heritage of the City of Hollister.
The policy states that the City of Hollister Parks and Recreation Commission will review all applications. The Commission will then recommend to the City Council of the City of Hollister.
The Council will approve the naming or renaming of all city parks, facilities, or special features in a park. However, due to a lack of quorum, the Parks and Recreation Commission has not met since January 2023. The Commission will convene for the first time since January on August 29, 2023, however, the results will not be available due to the timing of this staff report.
For several weeks staff has worked closely with the Giants Community Fund to rehabilitate the softball field at Vista Park Hill. Staff was told that San Francisco Giants player, Anthony DeScalfani donated the funds to aid in the restoration of the softball field. Mr. DeScalfani is a professional Major League Baseball (MLB) baseball pitcher. He is a right-handed pitcher who plays for the San Francisco Giants. Born in Freehold Township, New Jersey, he attended Colts Nick High School in New Jersey and later played college baseball for the University of Florida.
FINANCIAL IMPACT: $700.00 (Park Dedication Fund)
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER NAMING THE VISTA PARK HILL SOFTBALL FIELD THE "ANTHONY DESCLAFANI JUNIOR GIANTS FIELD"
WHEREAS, the City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021, establishing a policy for naming and renaming public parks, city facilities, or special features in a park; and
WHEREAS, staff posted a public notice at the Hollister Community Center, 300 West Street, on City social media accounts, and at City Hall, 375 5th Street, informing the residents of a proposed name change to the softball field at Vista Park Hill; and
WHEREAS, for the past several weeks, staff has worked closely with the Giants Community Fund to rehabilitate the softball field at Vista Park Hill; and
WHEREAS, staff was told that San Francisco Giants player Anthony DeScalfani donated the funds to aid in the restoration of the softball field.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister approves naming the Vista Park Hill Softball Field, “Anthony DeScalfani Junior Giants Field”.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of September, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-173, 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 5th day of September, 2023, 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 September, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
SPONSOR(S): Burns
TITLE OF ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A POLICY ON REMOTE MEETING PARTICIPATION BY LEGISLATIVE BODIES
BRIEF DESCRIPTION: At the June 5, 2023 City Council meeting, the City Council directed staff to draft a policy outlining the process for members of the City’s legislative bodies, including City Council and advisory bodies, to participate remotely in public meetings.
RECOMMENDATION: Discuss and adopt a resolution approving the City Council policy entitled: “Remote Participation for Members of Legislative Bodies”.
DEPARTMENT SUMMARY: At the June 5, 2023 City Council meeting, the City Council directed staff to draft a policy outlining the process for members of the City’s legislative bodies, including City Council and advisory bodies, to remotely participate in public meetings.
The Ralph M. Brown Act governs the process by which members of legislative bodies can remotely participate in public meetings, including by teleconferencing and video conference. Prior to the COVID-19 pandemic, the Brown Act has allowed for teleconferencing by members of legislative bodies when specific noticing requirements are met. On March 4, 2020, Governor Newsom declared a State of Emergency which among other things allowed for legislative bodies to meet virtually and removed several of the noticing requirements for teleconferenced meetings. On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas) to allow local agencies to continue teleconferencing without adhering to the Brown Act’s teleconferencing requirements during a state of emergency proclaimed by the Governor.
On September 13, 2022, Governor Newsom signed into law Assembly Bill (AB) 2449 (Rubio), which became effective on January 1, 2023. The bill further amends the Brown Act regarding remote (teleconference) participation in meetings of legislative bodies that are subject to the Brown Act by allowing individual members of legislative bodies increased flexibility to participate in meetings via teleconference in the event of a personal emergency, without a declared state of emergency, provided that certain requirements are met. Such requirements and stated procedures set forth by AB 2449 are detailed in the draft policy included with this report (Attachment A).
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The provisions of AB 2449 apply to all Brown Act meetings, including those of the City Council, standing City Council subcommittees, and all City advisory bodies.
The proposed policy outlines a process for Councilmembers and members of the City’s advisory bodies to remotely participate in public meetings either under the traditional Brown Act regulations or under those outlined in AB 2449. Following the outlined processes will promote public access to and transparency of public meetings and ensure state and local regulations are followed.
FINANCIAL IMPACT: N/A
CEQA: N/A
WHEREAS, the City Council seeks to bring ensure all local and state regulations are followed related to public meetings; and
WHEREAS, the Ralph M. Brown Act outlines the requirements and procedures necessary for members of a legislative body must follow in order to remotely participate in a public meeting; and
WHEREAS, Assembly Bill 2449 updates the teleconference provisions of the Brown Act while ensuring public access and participation at teleconferenced meetings; and
WHEREAS, the “Remote Participation for Members of Legislative Bodies” policy outlines the requirements, process, and procedures whereby members of the City of Hollister’s legislative bodies may participate in public meetings.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hollister does hereby adopt a City Council policy entitled, “Remote Participation for Members of Legislative Bodies”.
ATTACHMENTS:
1. Remote Attendance Policy
2. Attachment A_Lozano Smith. Remote Attendance Options After AB 2449
3. Attachment B_Affidavit of Posting
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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Purpose: In order to support participation in public meetings by the Hollister City Council, the City’s advisory bodies, and members of the public, this policy will address methods of participation in publicly noticed meetings in accordance with state law and local regulations under the Brown Act, Assembly Bill 361 (AB 361), and Assembly Bill 2449 (AB 2449). A chart detailing the requirements of each is included as Attachment A.
The Brown Act
California Government Code Section 54950, et. seq. outlines the regulations governing how meetings of a legislative body must be publicly noticed and take place. Legislative bodies are defined as the governing body of a local agency or any other local body created by state or federal statute and includes the City Council, Council subcommittees, and City commissions. The Brown Act requires the following:
• Actions and deliberations taken openly in public
• Meetings are public, unless closed session is allowed under conditions outlined in the statute
• Meeting agendas and packets must be publicly available • Agenda must be posted on the City’s website (via direct link) or on a dedicated webpage
Traditional Teleconferencing
In addition to the various meeting requirements, the Brown Act governs the process for members of a legislative body to remotely participate in a publicly noticed meeting. The requirements for traditional teleconferencing are as follows:
1. The meeting is useful to the public and the legislative body
2. Location must be accessible to the public and agenda posted at each
3. Teleconference addresses listed on notice
4. All votes by roll call
5. At least a quorum must be located within the agency’s boundaries
6. Public comments must be taken at each location
Traditional teleconferencing under the Brown Act is available at any time to the members of the City’s legislative bodies. When posting the agenda at a remote location, the same requirements for the time of posting shall apply 72 hours in advance of a regular meeting and 24 hours in advance of a special meeting. The City Clerk or designee will provide the member of the legislative body with the agenda to be posted and an affidavit of posting (Attachment B) to be completed by the member of the legislative body. The completed affidavit of posting shall be provided to the City Clerk or designee in advance of the publicly noticed meeting.
Assembly Bill 361 (AB 361)
CITY OF HOLLISTER POLICY NUMBER
Date
COUNCIL POLICY Authority: City Council
SUBJECT: Remote Participation for Members of Legislative Bodies
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Assembly Bill 361 was enacted in 2021 during the COVID-19 pandemic and suspended certain provisions of the Brown Act during a proclaimed state of emergency in which state or local officials have imposed or recommended measures to promote social distancing.
Under those circumstances, the legislative body of a local agency that holds a meeting during a proclaimed state of emergency must determine, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees.
If a proclaimed state of emergency still exists and the local agency wishes to continue to hold meetings in compliance with AB 361, it must do the following:
1. Within 30 days of the initial teleconference, make the following findings by majority vote:
a. The agency has reconsidered the circumstances of the state of emergency, and
b. It either continues to directly impact the ability of members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing
2. Make the same findings by majority vote every 30 days thereafter.
Once those requirements are met, the legislative body can hold teleconference meetings under the Brown Act as modified by AB 361 as follows:
1. All Council Members can attend remotely. No physical location is required.
2. Meeting agenda must include notice of how members of the public may access the meeting and offer public comment remotely.
3. Members of the legislative body may use teleconference or videoconference technology. Disruptions to technology require a pause in Council action.
4. Councilmember teleconference locations do not need to be open to the public.
The provisions of AB 361 are only available until January 1, 2024, and only if there is a proclaimed state of emergency.
Assembly Bill 2449 (AB 2449)
Assembly Bill 2449 was enacted in 2022 and amends the Brown Act to allow Councilmembers to attend meetings remotely without the need for a proclaimed state of emergency if the individual Councilmember has “just cause” or a qualifying emergency.
In order to teleconference under AB 2449 regulations, a public agency must comply with the following meeting requirements:
1. A quorum of the members of the agency’s legislative body must participate in person from a single physical location that is identified on the agenda.
2. The legislative body must provide either (i) a two-way audiovisual platform, such as Zoom, which allows the meeting to be viewed and heard from a remote location, or (ii) a two-way telephonic service and a live webcasting of the F.2.a
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meeting, this requirement may be satisfied with any combination of platforms that allows the meeting to be viewed and heard from a remote location.
3. The agenda must give notice of the means by which members of the public may access the meeting and offer public comment.
4. The public must be able to hear, observe, and address the Council remotely.
Remote Council Member must participate through both audio and visual technology. The meeting must be paused (and no action may be taken), if the broadcasting platform, either audio or visual, is interrupted.
“Just Cause” circumstances can be used up to two times per calendar year and is limited to one or more of the following:
1. a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a member to participate remotely’;
2. a contagious illness that prevents a member from attending in person;
3. a need related to a physical or mental disability as defined by law; or
4. travel while on official business of the legislative body or another state or local agency;
A qualifying emergency circumstance is defined to mean a “physical or family medical emergency that prevents a member from attending a meeting in person.” To invoke the “emergency circumstance” exception, the following steps must be taken:
1. The requesting member requests the legislative body allow him/her to participate remotely due to some specified “emergency circumstance.”
2. The legislative body takes action to approve the request at the earliest opportunity.
3. The legislative body requests a general description (not exceeding 20 words) that describes the circumstances relating to the requesting members “emergency.” The requesting member is not, however, required to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law.
4. The requesting member must also make a separate request for each meeting in which he/she seeks to participate remotely under the “emergency” exception.
5. If time allows, the request to participate remotely should be included on the posted agenda.
Participation under the emergency circumstance exception does not count toward the two-meeting limitation applicable to the “just cause” exception.
A member of the legislative body remote participation using the just cause and emergency circumstances may not exceed:
1. three consecutive months, or 20% of a legislative body’s regular meetings within a single calendar year.
2. Also, if the legislative body regularly meets fewer than 10 times per calendar year, a member’s participation from a remote location cannot be for more than two meetings total.
The provisions of AB 2449 are only available January 1, 2023 to January 1, 2026.
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Attachment A
Overview of Brown Act Remote Attendance and Teleconferencing Options
Traditional Teleconferencing AB 361 Remote Attendance New AB 2449 Remote Attendance (The Proclaimed State of Emergency
Option for Legislative Bodies)
(The Just Cause/Emergency Circumstances
Option for Individual Members)
Brief Summary Traditionally, members may attend
Legislative Body (“LB”) meetings
remotely, so long as specific
requirements are met. For example,
all teleconferencing locations must
be identified and open to the public.
AB 361 relaxes the requirements of the
traditional teleconferencing rules to
allow some (or all) members to attend
LB meetings remotely in a proclaimed
state of emergency if the Board makes
specific findings. Remote locations do
not need to be identified and open to
the public.
AB 2449 relaxes the requirements of traditional
teleconferencing rules without the need for a
proclaimed state of emergency. Less than a quorum
of members may attend LB meetings remotely with
an appropriate “just cause” or “emergency
circumstance” exemption. Remote locations do not
need to be identified and open to the public.
When is this
method of
remote
attendance
permitted?
Always. October 1, 2021 to January 1, 2024, so
long as a proclaimed state of emergency
is in effect.
January 1, 2023 to January 1, 2026.
Is a physical
meeting location
required?
Yes. Every teleconference location
must be open and accessible to the
public.
No. Yes. At least a quorum of the LB must attend at a
single physical meeting location within the
boundaries of the jurisdiction.
How many
members can
attend remotely?
All LB members may attend remotely,
so long as at least a quorum of the LB
members attend the meeting, either
in person or remotely, from within
the boundaries of the jurisdiction.
All LB members may attend remotely. Less than a quorum of LB members may attend remotely.
Does each remote
location need to
be open to the
public?
Yes.
The meeting location must be
included on the agenda, the agenda
must be posted outside of each
teleconference location, and the
location must be open to the public.
No. No.
*A member attending remotely must publicly
disclose, before any action is taken, whether there
are any individuals 18 years of age or older present in the room at the remote location, and the general
nature of the member’s relationship with that
individual.
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Attachment A
Overview of Brown Act Remote Attendance and Teleconferencing Options
Traditional Teleconferencing AB 361 Remote Attendance New AB 2449 Remote Attendance Is there a
justification
needed for a
member to attend
remotely?
No. Yes. There must be a proclaimed state
of emergency and either:
1. State or local officials have
recommended social distancing
measures; or
2. The LB is meeting to determine
whether meeting in person would
present an imminent risk to the
health and safety of attendees; or
3. The LB, by majority vote,
determines that due to the
emergency, meeting in person
would present an imminent risk to
the health or safety of attendees.
Yes. The individual member must notify the LB as
soon as possible of the need to participate remotely
due to either of the following:
1. “Just cause.” This includes a
childcare/caregiver need, a contagious
illness, a need related to a mental or physical
disability, or travel while on official business
of a state or local agency; or
2. “Emergency circumstance.” This includes a
physical or family medical emergency that
prevents in person attendance.
Is LB approval
required for
remote
attendance?
No. No – If meeting remotely because:
1. State or local officials have
recommended social distancing
measures; or
2. The LB is meeting solely to
determine whether meeting in
person would present an
imminent risk to the health and
safety of attendees.
Yes – If the LB wishes to meet remotely
due to # 3 above. The LB must make a
finding, by majority vote, that meeting in
person presents an imminent risk to the
No – If using the “just cause” justification. However,
the member must notify the LB at the earliest
possible opportunity of the just cause, including a
general description of the circumstances.
Yes – If using the “emergency circumstance”
justification. Member must make a request to
participate remotely to the LB with a general
description of the circumstances, not to exceed 20
words, separately for each meeting in which they
seek to participate remotely. The member does not
need to disclose confidential medical information.
The LB must post this request on the agenda and
take action on the request at the beginning of the
meeting. If the request is made after the agenda has
been posted, the LB may take action to approve the
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Attachment A
Overview of Brown Act Remote Attendance and Teleconferencing Options
Traditional Teleconferencing AB 361 Remote Attendance New AB 2449 Remote Attendance health or safety of attendees. A
resolution is recommended but not
expressly required.
request by two-thirds vote of the LB members (or a
unanimous vote, if less than two-thirds of members
are present).
Are there
limitations on
remote
attendance at
future meetings?
No. Yes. If the LB wishes to continue
meeting remotely, the LB must take
action, every 30 days, to find that either:
1. The state of emergency continues
to directly impact the ability of
members to meet safely in person;
or
2. State/local officials continue to
recommend measures to promote
social distancing.
Yes. A member may not use the “just cause”
justification more than two (2) times per calendar
year.
In addition, a member may not participate in
meetings remotely (whether due to an “emergency,
circumstance” or in combination with “just cause”)
for more than three (3) consecutive months or 20
percent of the LB meetings in one calendar year. If
the LB meets less than 10 times a year, a member
may not participate remotely for more than two
meetings.
Are there
technology
requirements?
No. Yes. The LB must provide one of the
following options to both allow
members of the public access to the
meeting, and allow members of the
public the ability to offer public
comment:
1. Call-in option; or
2. Internet-based service option.
*Note that AB 361 teleconferencing rules
do not require both video and audio
components.
Yes. The LB must provide one of the following to
allow the public to remotely hear, observe, and
address the LB:
1. A two-way audiovisual platform (Zoom, for
example); or
2. A two-way telephonic service and a live
webcasting of the meeting
In addition, the remote member must participate
through both audio and visual technology.
Are there special
requirements for
dealing with
No. Yes. If a disruption prevents the LB from
broadcasting the meeting to its
members or offering public comments
through the remote service, the LB shall
Yes. If a disruption prevents the LB from
broadcasting the meeting to its members or offering
public comments through the remote service, the LB
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Attachment A
Overview of Brown Act Remote Attendance and Teleconferencing Options
Traditional Teleconferencing AB 361 Remote Attendance New AB 2449 Remote Attendance technology
disruptions?
not take any action until the public
access is restored.
shall not take any action until the public access is
restored.
What must be
included in the
agenda related to
remote
attendance?
The agenda must include the address
of each teleconference location. The
agenda must also be posted at each
teleconference location.
The agenda must include notice of how
members of the public may access the
meeting and offer public comment. This
should include the details for the call-in
option or the internet-based service
option.
The agenda must include notice of how members of
the public may access the meeting and offer public
comment, both in person and remotely. This should
include the details for the two-way audiovisual
platform, or the two-way telephonic service/live
webcast of meeting.
If available, the agenda must include an action item
at the beginning of the meeting, to approve any
requests by members to attend remotely on the
basis of an “emergency circumstance,” including a
general description of the circumstances.
Is roll call voting
required?
Yes. Yes. Yes.
Copyright © 2022 Lozano Smith All rights reserved.
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AFFIDAVIT OF POSTING
TYPE OF MEETING
LEGISLATIVE BODY NAME
City Hall
375 Fifth Street
Hollister, CA 95023
Day, Date
Special Meeting starts at ____ PM
Regular Meeting starts at ____ PM
NOTICE IS HEREBY GIVEN THAT THE CITY OF HOLLISTER LEGISLATIVE BODY NAME will hold a public meeting in the Council Chambers at 375 Fifth Street, Hollister, CA 95023 on Date.
TELECONFERENCE NOTICE Pursuant to Government Code Section 54953, Subdivision (b), the Type of Meeting (Regular and/or Special) meeting will include teleconference participation by Name of Appointed or Elected Official from Remote Location Address. This notice and agenda will be posted at the teleconference location.
Accessibility to and public comment from this address shall be provided as required by Government Code Section 54954(b)(3).
I, Name of Appointed or Elected Official, Official’s Title for the City of Hollister Legislative Body Name, hereby certify that I caused the posting of this agenda at Remote Location Address on Date of Posting at ______________ am/pm.
___________________________________
Name of Official
Title
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: REPORT ON HEARING OFFICER PROTOCOLS IN SURROUNDING CITIES
AND REQUEST FOR DIRECTION TO HANDLE ADMINISTRATIVE HEARINGS IN
HOLLISTER
BRIEF DESCRIPTION: This informational report provides information regarding how other nearby municipalities handle administrative hearings in their jurisdiction. The report is me ant to provide information, provide some options, and ask for direction from the Council as to how they would like to handle administrative hearings in Hollister.
RECOMMENDATION: Receive the informational report on hearing officer protocols from surrounding cities and provide direction on how to handle administrative hearings in Hollister.
DEPARTMENT SUMMARY: The Hollister Police Department has a need to provide a hearing in a timely manner for those individuals who have received an administrative cita tion for violating city ordinances. Some of the most common hearings stem from police officers, code enforcement, and animal care & services citations. Some of the animal related hearings must be completed within 48 hours and having a person available to handle these hearings is very important.
For the last several years, Jeffrey Miller has been providing those services for the City of Hollister. During COVID-19 restrictions, the hearings were being conducted remotely through Zoom. Staff discovered the process has worked very well. The hearing officer has been able to conduct the hearings remotely while staff and the cited individual are at the Hollister Police Department. The hearing officer provides a comprehensive report detailing the hearing, the issues that were brought up in the hearing, and a determination of the case. Individuals that do not agree with the findings have the right to appeal the case to the San Benito Superior Court.
However, there have been no appeals in the last five years.
In June of this year, a request to renew the existing contract for services for three years did not pass due to a tie vote and councilmembers mentioned additional requirements to be put in place for any future Hearing Officer. None of the mentioned requirements are in the existing Municipal Code including a requirement that the hearing officer be an attorney.
The only requirement in the existing code is as follows:
HMC Section 1.18.020- Definitions Hearing officer means any person designated by the city manager to hear appeals of administrative citations or to hear administrative compliance hearings. The hearing officer shall not be the citing enforcement officer. The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation penalties upheld by the hearing officer.
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Besides the discussion of having the hearing officer be an attorney, some of the discussion included having someone not affiliated with the department or the city to eliminate any perceived “conflict of interest.” Staff discovered many cities in our area have current city employees handling the hearings when there is a request from the public.
Due to the expiration of the previous contract, the police department has a police sergeant handling any hearings needed in the month of July and August. This is within our policy and similar to our vehicle impound hearings.
An inquiry of nearby city hearing officer procedures revealed the following information from the cities that responded to the inquiry:
City of Salinas They currently have a contract with Monterey College of law to have law students conduct
hearings. However, residents have to pay a
$400 fee for the hearing, reimbursable only if
they prevail in the process. Otherwise,
residents pay the original fine amount and the
$400. Since they started this early this year,
there have been no hearings held yet.
City of Los Banos Designates any department head to conduct the hearings.
City of Morgan Hill A Police Sergeant from Gilroy Police Department conduct the hearings.
City of Gilroy Hearings conducted by a law firm.
City of Pacific Grove City staff conducts the hearing. If there is an appeal, then a Citizen Review Board handles
the appeal.
City of Marina Contract Attorney conducts the hearings.
City of Capitola City staff handle the hearing. It there is an appeal, they have a local attorney who has a
flat rate of $50 per hearing. Most all the
hearings are conducted in writing via mail. If
an in-person hearing is required, they hold
them about once a month. They have had that
agreement in place with the very low rate for
several years.
City of Soledad City Attorney conducts the hearings.
City of Watsonville Fire Department handles hearings for Fireworks, AC and Code.
City of Gustine City Manager conducts the Hearings.
City of Marina Contracted an outside hearing officer similar to Hollister.
City of Gonzalez City Manager conducts the Hearings.
Additionally, Councilmember Burns asked staff to research the cost of having California Hearings Officers, LLP. conduct the hearings. This company provides an attorney that will provide hearings via zoom for a set fee of $300 an hour. If the hearing was in perso n, there would be $150 fee for each in person hearing in addition to the $300 hourly fee.
Staff is requesting direction from the council on the hearing officer position. If the council would like to add additional requirements, staff will bring back a separate resolution to adopt those requirements into the municipal code.
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Requirements that are currently not required but have been mentioned and may be considered are, but not limited to:
o Does the council want the Hearing Officer to have a law degree? o Can the Hearing Officer be a former member of the police department? o Can the Hearing Officer be a former member of the City of Hollister? o Any educational requirements? If so, a BA or a Master’s degree? o Would there be any prior Law Enforcement experience required? o Any prior municipal administration experience?
o Will Zoom or remote hearing be allowed?
o Does the hearing officer have to live and conduct those hearings only in person? o Does the hearing officer have to live full time in CA? o Does the Hearing Officer have to pass a full background? o Any other requirements?
Upon receipt of direction, staff will take the necessary steps to return to council with an agenda item taking the proper steps to effectuate the updated policy.
FINANCIAL IMPACT: To be determined
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 24, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: OUTLINE OF COST MEASURES TO REPAIR THE DUNNE PARK COURTS
AND POSSIBLE DIRECTION TO STAFF
BRIEF DESCRIPTION: This is an information report on the tennis and pickleball courts at Dunne Park. The courts are in poor condition and require repairs to the courts. The courts underwent restoration in 2016, when cracks were repaired and then grinded to level any divots and restriping.
RECOMMENDATION: Accept the report and provide staff direction.
DEPARTMENT SUMMARY: Dunne Park's tennis and pickleball courts are in disrepair- large, deep cracks spider web across the surface, making the courts difficult to use for the intended purposes. Staff researched the expense of repairing the courts and presented two options. The first cost was for a comprehensive renovation, and the second was for resurfacing and repairing the courts. Staff provided an overview of the repair alternatives, pricing, and a summary of each option's primary advantages.
Option 1: Comprehensive Renovation
This option is a more extensive project that aims to address current issues and improve the overall quality and longevity of the courts. A comprehensive renovation can significantly enhance the playing conditions of the courts. It can include resurfacing the court, repairing cracks, and fixing any irregularities in the surface, then placing a modular surface on the existing courts. This creates a smoother and safer playing surface, reducing the risk of injuries and providing a better experience for players. Well- maintained and visually appealing courts can add value to the property or facility where they are located. While comprehensive renovations may have upfront costs, they can be more cost-effective in the long run than continually patching and repairing older courts.
Scope of Work
Removal/Preparation
· Flood courts to identify low spots and high spots
· Fill in low spots with leveling compound
· Grind down high spots
New Installation
· Install 25,200 SF of sports court sportgame modular surfacing · Stripe for (2) tennis courts and (3) pickleball courts · Court Color TBD
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· Striping White (or other)
· Anchor surfacing on the high side of the slope to stabilization from thermal expansion
· Trim surface where necessary
· Install safety ramp edging at all gates and entryways
Cost for repairs, labor and a modular surfacing is estimated at $274,950.00.
Option 2: Basic Repair
While less extensive than a comprehensive renovation, this option is a cost-effective solution addressing immediate safety and usability concerns. Basic repairs offer a quick turnaround, minimize downtime, and allow players to return to the courts sooner than more time-consuming renovation projects. A repaired court provides a smoother, more uniform playing surface, improving the experience. Choosing a cost-effective repair over a full replacement can result in significant savings.
Scope of Work
· Tennis and pickleball courts resurfacing based on prevailing wage/certified payroll
· All materials approved by the United States Tennis Association (USTA)
· Clean courts totaling approximately 21,600 SF with power equipment
· Clean and patch all cracks and all divots/holes 1/8” in depth or larger with an acrylic patch binder.
· Grind and level all patched cracks and divots
· Level holes along the fence, float with acrylic patch binder and fortified acrylic surface
· Apply two coats of fortified acrylic resurface with 60 mesh sand to the surface
· Apply two coats of green color coat to the courts and two coats of blue color outside the play area fortified with 90 mesh sand · Line and stripe two tennis courts per USTA and three pickleball courts per existing.
The cost of resurfacing the courts, including labor, materials, and equipment, is $35,880.00.
Community Engagement
Staff participated in community outreach by visiting the courts during peak periods once a week at 8:00 a.m. and once on a Saturday morning. Engaging our community promotes transparency in decision-making processes, which aids in developing trust and support for the project. The surface quality of modular flooring may not provide the same playing attributes as traditional hard courts. Players who played on modular flooring noticed ball bounce and movement variances that can affect their playing.
Most tennis and pickleball players mentioned the surface at Ridgemark Tennis and Pickleball Courts, and if option two is chosen, the material used to resurface the courts will be the same surface.
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FINANCIAL IMPACT: $35,880.00 to $274,950.00
GL Account 205-8050-750050 (Park Dedication Fund)
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 24, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: REPORT REGARDING THE JULY 1, 2023 FIREWORKS SHOW AND
FAMILY FUN NIGHT EVENT AND POSSIBLE DIRECTION TO STAFF
BRIEF DESCRIPTION: This is an information report on the 2023 Firework Show and Family Fun Night Event at Brigantino Park held on July 1, 2023.
RECOMMENDATION: Accept the report and provide possible direction to staff.
DEPARTMENT SUMMARY: The City Council of the City of Hollister requested an update on the 2023 Firework Show event and Family Fun Night held on July 1, 2023.
The report includes the event summary, financial impact, and a suggestion for a future event venue.
City staff from multiple departments partnered to provide community members and visitors with a safe, pleasant experience that created memories that will last a lifetime.
The event was held at Brigantino Park, the gates opened at 5:30 p.m. Family Fun Night went from 6:00 p.m. to 9:30 p.m. The Firework Show began at 9:30 p.m. The evening was filled with live entertainment, laser tag, mobile food vendors, 2-5-year-old activities, giant bouncy slides, and good old fashion fun of throwing a football or kicking a soccer ball. Approximately 350 cars were parked in the parking lot and the grass area at the park. Staff collaborated with San Benito County Express on a transportation shuttle; the County Express transported guests to the park. From 5:30 p.m. until 11:00 p.m., County Express provided two drivers to transport visitors. There were five locations throughout the City of Hollister, with the busiest areas being West/ 4th Street and Miller/4th Street.
County Express shuttled approximately 350 attendees from the five sites throughout the evening. CalFire was on standby, supporting the City's Fire Department.
During the debriefing, the city's Fire Department reported three fires near the riverbed that were extinguished. Staff agreed that the park is not a favorable logistical site for future events. Traffic was backed up on 4th Street near the park's entrance. In an emergency, the park's one-way entry/one-way exit complicates matters for emergency vehicles. For future special events, Police recommend directional signage and two message boards with "slow traffic, event ahead" be placed along the route.
To ensure the safety of our visitors and public safety, staff recommends moving the event to the City’s municipal airport so there is less of an impact on the surrounding neighborhood. There is plenty of space on the tarmac for the event, ample parking, excellent fireworks viewing, enough setbacks to shoot the shells, and accessible for G.2
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emergency responders. City staff will pre-plan by anticipating any difficulties and concerns connected to the event activities and surrounding environment and being prepared to respond to any unanticipated problems during the event.
FINANCIAL IMPACT: The financial impact is estimated to be $46,000.00. This covers staff time, public safety, entertainment, activities, and the fireworks display.
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: SEPTEMBER 5, 2023
SUBMITTED: August 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS
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.
DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to s taff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.
ATTACHMENTS:
1. 20230905 - Council Projects and Requests
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2022 Council Agenda Item Requests 8/30/2023
1 Velazquez 1/18/2022 &
5/2/2022 Discussion on parking/parking garage fees Development Services (Planning/Engineering)TBD
Parking fee study has been finalized and will be
brought forward to Council for discussion and
possible action. Agreement being drafted for
developer to provide improvements at garage.
2 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
4 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services TBD Staff returning with recommendations re: fee amounts
5 Morales 3/21/2022 Outdoor Night Market Development Services (Planning)TBD Included in Zoning and Municipal Code Update project.
6 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.
Administrative Services TBD Willdan completed scope and has begun the study.
7 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation 10/2/2023
Topo survey has been contracted with Kelly
Engineering and survey should be ready by
10/31/22. Dog park at Vista Park will to be
included in 2023-24 budget for Council
consideration. Topo survey has been received.
Staff working to issue an RFP for a Vista Park Hill
Master Plan.
UPDATE: Staff to request funding in FY23-24
budget CIP
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
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2022 Council Agenda Item Requests 8/30/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
8 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)TBD
Administrative Services department is in the
process of filling key vacancies within the
department and has delayed the drafting of the
policy.
9 Burns 10/3/2022 Special Meeting to Discuss the Library City Manager TBD Staff working to prepare meeting 10 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services TBD Fee Study being completed for all city fees 11 Morales 1/17/2023
Procurement Policy to express City's
preference for a skilled and trained workforce
instead of just the lowest responsive bidder,
such as preference for local hires and working
with veterans
Administrative Services 10/2/2023 Staff is working with legal team to develop policy. 12 Resendiz 2/6/2023 Art development fees Parks & Recreation TBD Arts and Cultural Commission approved on 4/11.
Pulled from Council on 6/20/23
13 Perez 2/21/2023 Program to support beautification of Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
14 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services 10/16/2023 A proposal with cost estimates will be presented with the FY2023-24 Q1 Budget Update
15 Casey 4/3/2023 Ordinance re: Vacant commercial buildings Development Services 10/31/2023 Secured RGS for project. 16 Casey 4/17/2023 Review Council Code of Conduct City Attorney 9/18/2023 City attorney drafting report for future council meeting
17 Burns 6/5/2023 Policy on remote meeting participation for Council City Attorney/City Clerk 9/5/2023 Item on 9/5/2023 agenda for consideration. 18 Burns 6/20/2023 Requested a presentation from the Growing Hearts organization City Manager 9/18/2023 Presentation confrmed. \\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
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2022 Council Agenda Item Requests 8/30/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
19 Burns 8/21/2023 Future closed session or open session item on previous mountain lion encounter in the City City Attorney 10/2/2023 City attorney drafting report for future council meeting
20 Casey 8/21/2023
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's
inclusion on a federal watch list and the
potential inability for Councilmember
Resendiz to be able to vote on contracts
regarding federal funding
City Attorney 9/18/2023 City attorney drafting report for future council meeting
21 Morales 8/21/2023
Proclamations to recognize IUPA 16 and Local
12 and their volunteer efforts in the
community
City Clerk 10/2/2023 Item scheduled for 10/2/2023
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2022 Completed Agenda Items 8/30/2023
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with
presentations by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of
time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.
Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of
the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard Pay for
Employees approved
5/2/2022
5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date H.1.a
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022
19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and
Perez were appointed on April
18, 2022.
4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member
wants to submit items to City
Clerk for posting to COH Social
media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to
amend City Code set for May
16, 2022. Item did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting
Agenda 5/16/2022
23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022-Did not pass
5/16/2022
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council
Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance
Review to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be
provided to Council by outside
attorney. Memo provided on
5/25/2022 on Regulating
Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.
Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.
City Manager
Developer working on a
project for site and the land is
in escrow.
6/30/2022
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process & working with
Elections Consultant. Special
Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be
ready for Election in 2024 if
process is started in time.
Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure. On
June 6 Agenda for Council
Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members - Council to
send locations
Waiting on
individual Council
Members
33 Council
Member(s)5/2/2022 Presentation on grants, low
income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager
Approved as part of the
Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022
39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August
2022 Meeting. If approved
working on ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on
9/6.9/6/2022
42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled
via Ordinance brought to
Council on September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.
Fly Breast Cancer flag in October at
City Hall.
City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not
need to be put on closed
session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022
Second reading of ordinance
will be brought to Council on
10/3/22.
10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ
for Facility Assessment Survey.
Will bring to the 10/17/22 City
Council Meeting
10/17/2022
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to
schedule date for
presentation.
11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has
requested to present at
11/7/22 council meeting. Will
evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley
Pavement and Drainage
Project are being presented to
the Council for approval on
11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve
on committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.
Police (Animal
Control)/ City
Attorney
Will be discussed at the
Animal Control Ad Hoc
Committee meeting
2/14/2023
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023
City Manager contract
discussion scheduled for
Closed Session
2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for
3/6/23 3/6/2023
61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023
62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft
a speed cushion/traffic
calming measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution
on 3/27/23 authorizing the
raising of the Christian flag on
4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023
67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023
Second reading of ordinance
will be brought to Council on
4/17/23
4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public
outreach project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC
2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023
72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23. On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided
4/17/23. 4/17/2023
76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.
City Manager 3/27/2023 Will be included as part of
2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023
Resolution to Raise DACA flag
5/4/23-5/7/23 on 5/1/23
agenda
5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with
start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a
grant proposal to provide
funding for EV stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities
for the Leatherback property.
TBD
83 Resendiz 5/1/2023
Presentation by United Way of San
Benito County regarding 2-1-1
Program
City Clerk 5/15/2023 Presentation confirmed 5/15/2023
84 Council 4/3/2023
Letter of opposition re: Taxpayer
Protection and Government
Accountability Act initiative
City Attorney 5/15/2023 Letter prepared for 5/15/23
meeting 5/15/2023
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 85 Burns 5/1/2023
Consideration of waiving pre-
application fee for the Growing
Hearts garden center
Development
Services 6/5/2023 Staff prepared agenda item
for 6/5/2023 meeting
86 Resendiz 5/1/2023
Consideration of refund for
conditional use permit fee for
Fiesta Plaza
Development
Services 6/5/2023 Staff prepared agenda item
for 6/5/2023 meeting
87 Burns 5/15/2023 Proclamation for Hollister High
School Green Ribbon Award City Clerk 6/5/2023 Staff prepared agenda item for 6/5/2023 meeting
88 Burns/Perez 9/6/2022 Develop cooling and warming
center policy City Manager N/A Posted OES approved policy on City Website 6/1/2023
89 Burns 6/5/2023 City Attorney Evaluation City Attorney 6/20/2023 On 6/20/23 Agenda 6/20/2023 90 Burns/Resendiz 6/5/2023 Presentation on Sewer Services Community Services 6/20/2023 On 6/20/23 Agenda 6/20/2023 91 Burns 6/5/2023
Parade for Hollister High School
baseball team, softball team and
girls soccer team
City Manager 6/17/2023 Being included in Saddle
Horse Show Parade 6/17/2023
92 Burns 6/5/2023
Proclamations for Hollister High
School baseball team and softball
team
City Clerk 6/20/2023 On 6/20/23 Agenda 6/20/2023
93 Burns 6/5/2023 Funding for additional police
officer in FY23-24 budget Finance 6/12/2023 Included in draft budget 6/12/23 6/12/2023
94 Morales 4/17/2023 Use of Council discretionary funds for beautification projects
Development
Services 6/5/2023
Discretionary funds policy
being drafted as part of 2023-
24 budget
6/5/2023
95 Burns 3/6/2023
4/3/2023
Clarification regarding Council
discretionary funds. Consider
raising budget to $100K
Administrative
Services 6/26/2023 Budget set at $50k.6/5/2023
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2022 Completed Agenda Items 8/30/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 96 Perez 3/6/2023 Tree Replacement Program Community Services 6/26/2023 Staff preparing program for 2023-24 Budget 6/26/2023
97 Resendiz 2/21/2023
Consideration of an amendment to
HMC regarding adoption of
tentative maps by the City Council
Development
Services TBD Item was previously brought
to Council and did not pass.
98 Resendiz 2/21/2023 Policy on use of Council travel
funds
Administrative
Services 6/12/2023 Policy complete 6/12/2023
99 Burns, Morales,
Perez 4/4/2022 Food Truck Ordinance Review Development
Services 6/5/2023
Planning Commission
reviewed on 4/27/2023.
6/5/23 Council public hearing.
Staff working to conduct
outreach for businesses and
food truck owners.
6/20/2023
100 Burns/Resendiz 6/5/2023
Domestic Wastewater Treament
Plant Update including MBR
discussion
Community Services 6/20/2023 Presentation made at 6/20/23 council meeting
101 Burns 2/6/2023
City to take on cost for internet
service for computers installed by
LULAC at Community Center
Information
Technology 6/26/2023 Developing cost estimates for
FY 2023-24 budget
102 Casey 3/20/23 &
6/5/2023
Use discretionary funds for ADA
accessible equipment at Summer
Park
Parks & Recreation N/A
Initial quotes for basic ADA
improvements are
approximately $60,000 which
exceeds the discretionary limit
of $50,000 per member of the
council.
8/3/2023
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Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 103 Morales 8/7/2023
Creation of ad hoc committee
regarding Council Code of
Conduct, including discussion of
possible fines and potential
misdemeanor prosecution
City Attorney 8/21/2023 Agendized for 8/21/23 8/21/2023 104 Burns 6/20/2023 Use discretionary funds for tree
lights on East Street Public Works 8/31/2023
On 8/7/23 Council agenda for
consideration. If approved,
lights should be installed by
8/31/2023
105 Morales, Perez 4/17/2023 Campaign finance City Attorney 8/21/2023 City attorney drafting report for future council meeting
106 Burns 3/20/2023
Consider placing the raising the
Transient Occupancy Tax on the
ballot for the next general election
City Clerk 8/21/2023
Council directed staff to
return with a ballot
amendment for the November
2024 ballot and work with BBK
on education materials
8/21/2023
107 Casey 3/6/2023 Speed Cushion Policy Engineering 8/21/2023 Staff developing policy.
Council adopted a resolution
pausing large traffic calming
measures until policy is
approved.
8/21/2023
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2022 Update Requests from Council
(non-agenda items)
8/30/2023
1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Working to include in EDC MOU 10/31/2023 2 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night. Development Services Included in Zoning and Municipal Code Update project.TBD 3 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services
(HR)
Job descriptions have been updated and being
reviewed for apprval by the City Manager.10/31/2023
4 Burns 9/6/2022 Shade structure at Valley View Park Parks & Recreation Structures are ordered and will be installed by the end of August.8/31/2023
5 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to add feature to Dunne Park. Will include in CIP Plan for council discussion.11/30/2023 6 Burns 4/3/2023 Comprehensive training report City Manager Target Solutions roll out underway. Report being developed using Target Solutions.TBD
7 Burns 6/5/2023 Hollister Sign Update City Manager Staff preparing update on sign, lights, and bollards TBD 8 Resendiz 6/20/2023 Update on work done on Fremont Way Public Works Council will be provided a memo on the topic 9/8/2023 9 Resendiz 6/20/2023
Requested information regarding what
other cities are providing for translation
services for public comments and public
documents
City Clerk Council will be provided a memo on the topic 9/8/2023 10 Burns 6/20/2023 Requested staff study the regulations for A-frames signs Development Services Council will be provided a memo on the topic 9/8/2023 11 Burns 8/7/2023 Report on how CFD funds are being spent Engineering Staff preparing report TBD #Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
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2022 Update Requests from Council
(non-agenda items)
8/30/2023
#Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
12 Burns 8/7/2023
Update on how funds related to
maintenance of Sunnyslope soundwalls
are being spent
Parks and Rec, Admin
Services Staff preparing report 9/18/2023
13 Burns 8/7/2023 Cleaning and regular maintenance of
Downtown sidewalks Public Works Staff working to solicit quotes for project TBD 14 Perez 8/7/2023 Update on tree replacement program Public Works Staff is preparing a policy for future council consideration TBD
15 Morales 8/7/2023 Information on creating a formal
internship program Human Resources Staff is preparing a policy for future council consideration 10/16/2023
16 Morales 8/7/2023 Information on parklets and requested meeting with business community Development Services Staff is preparing the meeting agenda and coordinating logistics. 9/30/2023
17 Burns 8/7/2023 Certification of Recogntion for former Planning Commissioner David Huboi City Clerk Certificate created and sent to honoree 9/5/2023 18 Burns, Perez 8/7/2023
Certificates of recognition for
longstanding Hollister businesses: San
Benito Tire, A&W Root Beer, Foster
Freeze, McKinnon Lumber and Country
Rose
City Clerk Certificate created and sent to honoree 9/5/2023 19 Burns 8/21/2023
Certificates of recognition for
longstanding Hollister businesses: G&M
Auto Repair, Hollister Paints, and the
Cannery
City Clerk Certificate created and sent to honoree 9/5/2023 20 Burns 8/22/2023
Staff to provide information regarding
waiver of the specific plan amendment
fee as requested by Bright Future
Recovery
Development Services Item under review TBD
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2022 Completed Update Requests 8/30/2023
#
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.
City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.
City Manager 2/22/2022
24 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.
Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 H.1.a
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.
Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.
City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.
City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.
Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.
A more detailed process was
brought to Council, but rejected.
6/6/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.
Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.
City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.
City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as requested 10/18/2022 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restrictive
ordinance than the state.10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.
Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.
Staff is waiting for the weather to
clear prior to install them.
1/31/2023
116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 H.1.a
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.
Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.
Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific bulletin
boards based on Department
needs.
Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk To be signed by Mayor on 4/17/23 and provided to Alliyah Gomez 5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk To be signed by Mayor on 4/17/23 and provided to Sarah Nordwick 5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.
Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.
Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance position
to deal with graffiti on a regular
basis and will develop regular
routes to deal with graffiti before
it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee with
representatives from different entities to tackle
homeless problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
with surveyor. Topo survey work
began in late July of 2022. Topo
Surveys were completed in
September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of the
public regarding parklets that would harm their
business
Development
Services
Parklet not approved due to safety
concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
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#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.
City Attorney Memo sent to Council 5/8/2023
148 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker to
repaint sound walls citywide Community Services
Interviews held on 5/8. Offers will
be made by 5/12. Paint truck is
currently operational.
5/31/2023
149 Burns 9/6/2022
Union Rd signs need to be replaced with Avenida
Cesar Chavez signs at Fairview and Hwy 25
intersections
Community Services Sign installed on 6/1/2023 6/1/2023
150 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project complete. Acceptance of
project will be presented to City
Council on 6/5/23.
6/5/2023
151 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public Officials
and provide to employees and other
jurisdictions.
City Manager
Transcription completed and
manual being reviewed by
Esperanza Center team.
6/5/2023
152 Burns 3/20/2023 Update on collection of fees from litigation City has won
Administrative
Services
Staff are gathering information
and will report back to Council at a
future date
6/5/2023
153 Council 5/2/2022 Upgrade or replace the lights downtown and the first block of the side streets with APRA funds Community Services RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
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2022 Completed Update Requests 8/30/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 154 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events 7/17/2023
155 Morales 3/20/2023 Update on the status of City's involvement in regional efforts regarding broadband installation City Manager Staff working on developing a
report for council. Staff is
currently amending its LATA grant
application in an effort to secure
$500k for broadband design work.
8/7/2023
156 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering Supplies have been received by
contractor. Material delays have
slowed project. Installation will
begin in May of 2023
6/30/2023
157 Burns 2/6/2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
incident and the body camera footage to be
released and presented at regular city council
meeting
City Attorney/Police Referred to City Attorney 8/1/2023 158 Perez 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services Memo sent to Council 8/30/2023 H.1.a
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