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
November 20, 2023
Special Meeting 5:00
Regular Meeting 6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov/
NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.
Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.
PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:
City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx
Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/
City Council Monday, November 20, 2023 Page 2 of 10
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 - 5:00 P.M.
Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
1. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95
Claimants: Sandra Copas; Manuel Diaz
Agency Claimed Against: City of Hollister
2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code 3 cases
3. 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: Mid-Management Association and Hollister Police Officers Association (HPOA)
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4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS per Government Code section 54956.8
Property: APNs: 056-250-0190; 056-250-0240
Agency Negotiator: David Mirrione, City Manager
Under Negotiation: Price and Terms
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
PROCLAMATIONS/RECOGNITIONS
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-A8.
1. The minutes of the Regular Meeting of City Council November 6, 2023
2. WARRANT REGISTER -NOVEMBER 20, 2023-AP (Finance)
BRIEF DESCRIPTION: Audit attached warrant register(s)
RECOMMENDATION: The City Council will ratify and approve the following Warrant
Registers for the General-Special-Enterprise-Assessments funds dated:
• 10-12-2023, in the amount of $484,333.99
• 10-12-2023, in the amount of $37,057.33
• 10-16-2023, in the amount of $1,196,497.81
• 10-19-2023, in the amount of $97,367.52
• 10-25-2023, in the amount of $1,010,333.77
• 10-25-2023, in the amount of $478,407.58
• 10-25-2023, in the amount of $713,791.78
• 10-26-2023, in the amount of $1000.00
• 11-02-2023, in the amount of $1,397,221.04
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3. ORDINANCE NO. 1240 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, TITLE 2 -ADMINISTRATION AND PERSONNEL TO UPDATE THE HOLLISTER CITY COUNCIL AGENDA FORMAT (City Clerk)
BRIEF DESCRIPTION: On November 6, 2023, the City Council held a public hearing and introduced Ordinance 1240 to amend Section 2.04.130 (“Order of Business”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code.
RECOMMENDATION: Adopt Ordinance 1240 amending Section 2.04.130 (“Order of Business”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code.
4. RESOLUTION NO. 2023-231 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING AMENDED BYLAWS FOR THE
AIRPORT ADVISORY COMMISSION, ARTS & CULTURE COMMISSION,
PARKS & RECREATION COMMISSION, PLANNING COMMISSION, AND YOUTH COMMISSION (City Clerk)
BRIEF DESCRIPTION: At the November 6, 2023 City Council meeting, the City Council introduced an ordinance amending Hollister Municipal Code Section 2.04.130 – Order of Business to update the agenda format for City Council meetings. This resolution would adopt an ordinance approving amended bylaws for the City’s advisory bodies to include a similar format for advisory body meeting agendas.
RECOMMENDATION: Adopt a resolution Amending the bylaws for the Airport Advisory Commission, Arts & Culture Commission, Parks & Recreation Commission, Planning Commission, and Youth Commission.
5. RATIFY APPOINTMENTS TO FILL VACANCY ON ARTS & CULTURE COMMISSION (City Clerk)
BRIEF DESCRIPTION: The Arts & Culture Commission currently has a vacancy for one of its youth members. The City Council must ratify appointments to the commissions.
RECOMMENDATION: Ratify the appointment of Miko Rodriguez to fill the vacant Youth Member seat on the Arts & Culture Commission.
6. RESOLUTION NO. 2023-232 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER'S DONATION POLICY (City Manager)
BRIEF DESCRIPTION: This item will adopt a resolution approving the Donation Policy for the City of Hollister.
RECOMMENDATION: Adopt a resolution approving the City of Hollister’s Donation Policy.
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7. RESOLUTION NO. 2023-233 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE PURCHASE OF A VEHICLE
THROUGH SOURCEWELL PURSUANT TO MUNICIPAL CODE COMPETITIVE BIDDING EXEMPTIONS-COOPERATIVE PURCHASING (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the use of Sourcewell to purchase a vehicle using Sourcewell pursuant to Municipal Code competitive bidding exemptions and cooperative purchasing.
RECOMMENDATION: Adopt a resolution to authorize the use of Sourcewell pursuant to Municipal Code 3.06.270 (competitive bidding exemptions-cooperative purchasing) and authorize the City Manager to execute any required agreements.
8. RESOLUTION NO. 2023-234 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN AN
AGREEMENT WITH PINNACLE TRAINING SYSTEMS, LLC FOR WORK SITE WELLNESS SERVICES FOR POLICE AND FIRE DEPARTMENT STAFF (City Manager)
BRIEF DESCRIPTION: This resolution will authorize the City Manager to sign a contract with Pinnacle Training Systems, LLC to provide a Worksite Wellness Program for Police and Fire Department Personnel.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign an agreement with Pinnacle Training Systems, LLC for a Worksite Wellness Program for Police and Fire Department Personnel.
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
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Receive reports from staff on Training and Conferences.
E. PUBLIC HEARINGS
1. RESOLUTION NO. 2023-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING AN APPEAL FILED BY NATMAR, L.P.
AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION’S DENIAL OF VESTING TENTATIVE MAP (TM 2022-1) AND DENSITY BONUS (DB 2023-3) FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT WHICH
INCLUDES TWO OPTIONS - OPTION A IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22 LOT SINGLE FAMILY RESIDENTIAL
SUBDIVISION WITH ONE LOT RESERVED FOR A FUTURE CHILD CARE FACILITY; OPTION B IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22 LOT SINGLE FAMILY SUBDIVISION - LOCATED AT
CIENEGA ROAD AND PROMISE WAY, FURTHER IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBER 057-740-001 (Planning) BRIEF DESCRIPTION: The project Applicant, NATMAR, L.P., has filed an appeal of the Planning Commission’s decision to deny a Vesting Tentative Map (TM 2022-1) and a Density Bonus (DB 2023-3) for a single family residential development with 22 dwelling units.
RECOMMENDATION: Deny the appeal and uphold the Planning Commission’s denial of Vesting Tentative Map (TM 2022-1) and Density Bonus (DB 2023-3).
2. RESOLUTION NO. 2023-236 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A CONDITIONAL CANNABIS USE PERMIT/ DEVELOPMENT AGREEMENT 2023-01 FOR L PLUS L, LLC TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1785 SAN FELIPE ROAD (APN 051-120-076-000 ) (Cannabis)
BRIEF DESCRIPTION: The City Council will consider conditionally approving Cannabis Use Permit / Development Agreement (CUP/DA) 2023 - 01 for L Plus L, LLC to operate a cannabis cultivation facility located at 1785 San Felipe Road (units A, B, C, D).
RECOMMENDATION: Hold a public hearing and adopt a resolution approving the Cannabis Use Permit/Development Agreement (CUP/DA) 2023-01 for L Plus L, LLC.
3. ORDINANCE NO. 1242 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, SECTION 2.04.180 (“MANNER OF ADDRESSING CITY COUNCIL- TIME LIMIT”) OF CHAPTER 2.04 (“CITY COUNCIL”) AND SECTION 2.08.090 (“REMOVAL OF OFFICE”) OF CHAPTER 2.08 (“CITY MANAGER”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) (City Manager)
BRIEF DESCRIPTION: The City Council will consider approval of
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amendments to Title 2 of the Hollister Municipal Code.
RECOMMENDATION: Hold a public hearing to introduce an ordinance to amend Title 2 of the Hollister Municipal Code.
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-237 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT AMENDMENT NO. 4 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $500,000 TO PREPARE PLANS AND SPECS AND ENGINEERING SUPPORT FOR THE 2024 CITY WIDE ROADWAY
IMPROVEMENT PROJECT (Engineering)
BRIEF DESCRIPTION: Consider authorizing the City Manager to execute contract amendment No. 4 to the professional services agreement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $500,000, for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute contract amendment No. 4 to the professional services agreement with Kimley-Horn and Associates, Inc., in an amount not -to-exceed $500,000, for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project.
2. ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING ARTICLE II -PURCHASING OF CHAPTER 3.06 – PROCEDURES FOR SUPPLIES, OF TITLE 3 - REVENUE AND FINANCE, OF THE
HOLLISTER MUNICIPAL CODE (Administrative Services)
BRIEF DESCRIPTION: On November 6, 2023, the City Council introduced Ordinance 1241 to amend Article II (“Purchasing”) of Chapter 3.06 (“Procedures for Supplies, Property, and Services”) of Title 3 (“Revenue and Finance”) of the City of Hollister Municipal Code (“Ordinance”). Upon additional review of the ordinance, the city attorney identified that the best value section of the ordinance did not comply with the Public Contracts Code. The ordinance has been revised to comply with State law and is being reintroduced.
RECOMMENDATION: Introduce Ordinance 1241 amending Article II (“Purchasing”) of Chapter 3.06 ("Procedures for Supplies, Property, and Services") of Title 3 ("Revenue and Finance") of the Hollister Municipal Code.
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. CONSIDER AMENDMENTS TO THE COUNCIL CODE OF CONDUCT
ORDINANCE AND PROVIDE FURTHER DIRECTION TO CITY STAFF (City Attorney)
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BRIEF DESCRIPTION: The City of Hollister (“City”) City Council will consider draft amendments to Chapter 2.04 of the Municipal Code and provide direction to staff regarding further amendments. The ordinance amendments will be considered for adoption at a future City Council meeting.
RECOMMENDATION: Discuss the draft Council Code of Conduct ordinance amendments and provide direction to City staff regarding further amendments.
2. INFORMATIONAL REPORT ON FISCAL YEAR 2023-24 QUARTER 1 (Q1) BUDGET MONITORING (Administrative Services)
BRIEF DESCRIPTION: Staff will provide a summary of the financial activities during Quarter 1 (Q1) of Fiscal Year 2023 -24. This update will cover the period of July 1, 2023 - September 30, 2023.
RECOMMENDATION: Receive the informational budget monitoring update for Q1 of Fiscal Year 2023-24 and provide possible direction to staff.
3. UPDATE ON 2024 HOLLISTER MOTORCYCLE RALLY (City Manager) BRIEF DESCRIPTION: Staff will provide a presentation to the City Council regarding hosting the Hollister Motorcycle Rally.
RECOMMENDATION: Receive presentation and provide staff possible direction.
4. 2023 MUNICIPALITIES LEGISLATIVE UPDATE (City Attorney) BRIEF DESCRIPTION: A legislative update and review of enacted and upcoming legislation that may impact the City of Hollister.
RECOMMENDATION: Receive presentation and provide possible direction.
5. A REPORT ON TWO ITEMS RELATED TO THE 2040 GENERAL PLAN UPDATE FOLLOWING THE SEPTEMBER 11, 2023 STUDY SESSION:
NORTH GATEWAY COMMERCIAL GENERAL PLAN LAND USE
DESIGNATION AND AGRICULTURAL PRESERVATION PROGRAM (Planning) BRIEF DESCRIPTION: A report on two items related to the 2040 General Plan Update as a follow up to the direction received from the City Council at the September 11, 2023 Study Session. The first is a discussion related to land uses within the North Gateway Commercial Land Use Designation, and the second is a discussion related to the Agricultural Preservation Program.
RECOMMENDATION: City Council receive the report and provide direction on the two items.
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6. CONSIDER A REQUEST BY BRIGHT FUTURE RECOVERY TO WAIVE THE
REQUIRED APPLICATION FEE FOR A SPECIFIC PLAN AMENDMENT
(Planning)
BRIEF DESCRIPTION: The Applicant, Bright Future Recovery, has requested a waiver of the required Application Fee for a Specific Plan Amendment for their project, a sober living facility, located at 1000 Fairview Road.
RECOMMENDATION: Provide direction to staff on whether to waive the Specific Plan Amendment fee for the project located at 1000 Fairview Road.
7. PROVIDE DIRECTION TO STAFF REGARDING A POTENTIAL BALLOT
MEASURE TO INCREASE THE MAYOR'S TERM OF OFFICE TO FOUR
YEARS (City Clerk)
BRIEF DESCRIPTION: At a recent City Council meeting, the Council directed staff to return with information regarding placement of a ballot measure to increase the mayoral term from two to four years.
RECOMMENDATION: Provide direction to staff regarding a potential ballot measure for the November 5, 2024 general election to increase the mayoral term to four years.
8. DISCUSSION AND DIRECTION RELATED TO IN-LIEU PETITIONS FOR
PUBLICATION COSTS FOR CANDIDATES OF ELECTIVE OFFICES THAT WISH TO FILE A CANDIDATE STATEMENT (City Clerk)
BRIEF DESCRIPTION: As part of the elective process candidates have the opportunity to include a Candidate Statement in the voter pamphlet published by the Registrar or Voters. The City Council will review the fee options and provide direction to staff.
RECOMMENDATION: Receive report and provide direction to staff.
9. Reports from City Council Members regarding Committees on which they serve
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
10. 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
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items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.
RECOMMENDATION: Receive the report and hold a discussion, if desired.
I. NEW BUSINESS
None.
J. MISCELLANEOUS
None.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
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.