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
City Council Tuesday, September 5, 2023 Page 5 of 9
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
City Council Tuesday, September 5, 2023 Page 8 of 9
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.