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
February 20, 2024
Special Meeting 6:00 PM
Regular Meeting 6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov/
NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.
After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.
Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before th e 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
City Council Tuesday, February 20, 2024 Page 2 of 8
Community Media Access Partnership (CMAP):
http://cmaptv.com/watch/
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
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - 6:00 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 REAL PROPERTY NEGOTIATORS PER
GOVERNMENT CODE SECTION 54956.8
Property: 25,466 square foot public right-of-way located on McCray Street, south of Park Street and east of Prospect Avenue in Hollister, California Agency Negotiator: David Mirrione, City Manager
Negotiating Parties: Toro Petroleum
Under Negotiation: Price & Terms
PLEDGE OF ALLEGIANCE
CLOSED SESSION - REPORT OUT
City Council Tuesday, February 20, 2024 Page 3 of 8
SPECIAL ORDERS OF THE DAY
SAN BENITO HEALTH FOUNDATION PROCLAMATION (City Clerk)
PROCLAMATION DECLARING FEBRUARY 2024 AS BLACK HISTORY MONTH (City Clerk)
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.
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 - A10.
1. The minutes of the Special and Regular Meeting of City Council of February 5, 2024
2. WARRANT REGISTER-FEBRUARY 20,2024-AP (Finance)
BRIEF DESCRIPTION: Audit attached warrant register(s)
RECOMMENDATION: Ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:
• 1-26-2024, in the amount of $53,657.50
• 1-29-2024, in the amount of $1,116,226.42
• 1-30-2024, in the amount of $5,009,155.92
• 1-31-2024, in the amount of $682,674.92
• 2-1-2024, in the amount of $392,579.60
• 2-6-2024, in the amount of $872,951.01
• 2-8-2024, in the amount of $1,524,618.64
• 2-13-2024, in the amount of $2,442.46
• 2-13-2024, in the amount of $24,741.12
3. CLAIM AGAINST THE CITY - FILED BY JOSE CRUZ (City Clerk)
City Council Tuesday, February 20, 2024 Page 4 of 8
BRIEF DESCRIPTION: Jose Cruz filed a claim against the City on February 12, 2024.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
4. APPOINTMENT OF AD HOC COMMITTEE TO REVIEW AND MAKE
RECOMMENDATIONS REGARDING THE CITY'S CANNABIS PROGRAM (City Clerk)
BRIEF DESCRIPTION: At the February 5, 2024 City Council meeting, Council directed creation of an Ad Hoc Committee to review and make recommendations regarding the City’s Cannabis Program.
RECOMMENDATION: Authorize creation of a Cannabis Ad Hoc Committee and appoint Councilmembers Morales and Burns to serve on the ad hoc committee.
5. ORDINANCE NO. 1244 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 8.12 OF THE MUNICIPAL CODE TO UPDATE NON-
EXCLUSIVE FRANCHISE AGREEMENTS FOR THE COLLECTION OF SOLID WASTE TO COMPLY WITH SB1383 (City Clerk)
BRIEF DESCRIPTION: Adoption of the proposed ordinance will update Hollister Municipal Code Chapter 8.12, Sections 8.12.010 and 8.12.015 to comply with SB 1383 requirements.
RECOMMENDATION: Adopt Ordinance 1244 amending Section 8.12.010 (Definitions) and 8.12.015 (Franchises for collection of waste and recycled materials”) of Chapter 8.12 (“Solid Waste Collection and Disposal”) of Title 8 (“Health and Safety”) of the City of Hollister Municipal Code to comply with SB 1383 requirements.
6. ORDINANCE NO. 1245 AN ORDINANCE 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”) OF TITLE 2 ("ADMINISTRATION AND PERSONNEL") (City Clerk)
BRIEF DESCRIPTION: The City Council will consider approval of an amendment to Title 2 of the Hollister Municipal Code.
RECOMMENDATION: Adopt Ordinance 1245 to amend Section 2.04.180 (“Manner of Addressing City Council-Time Limit”) of Chapter 2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the Hollister Municipal Code.
7. ORDINANCE NO. 1246 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CITY OF HOLLISTER MUNICIPAL CODE SECTION 2.08.090 (“REMOVAL OF OFFICE”) OF CHAPTER 2.08 (“CITY MANAGER”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) (City Clerk)
City Council Tuesday, February 20, 2024 Page 5 of 8
BRIEF DESCRIPTION: The City Council will consider approval of an amendment to Title 2 of the Hollister Municipal Code.
RECOMMENDATION: Adopt Ordinance 1246 to amend Section 2.08.090 (“Removal of Office”) of Chapter 2.08 (“City Manager”) of Title 2 (“Administration and Personnel”) of the Hollister Municipal Code.
8. RESOLUTION NO. 2024-16 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AUTHORIZING COUNCILMEMBER RESENDIZ TO USE $5,000 OF CITY COUNCIL BUDGETED FY 23/24 DISCRETIONARY FUNDS FOR THE JUNE 2024 PRIDE MONTH EVENTS IN PARTNERSHIP WITH THE
SAN BENITO COUNTY ESPERANZA (HOPE) CENTER AND AUTHORIZE
THE CITY MANAGER TO EXECUTE A CONTRACT AGREEMENT TO
INCLUDE THESE EVENTS (City Manager)
BRIEF DESCRIPTION: A resolution of the City Council of Hollister authorizing Councilmember Resendiz to use $5,000 of FY 23/24 City Council budgeted discretionary funds for the June 2024 Pride Month celebration events in partnership with the San Benito County Esperanza (Hope) Center.
RECOMMENDATION: Adopt a resolution authorizing Councilmember Resendiz to use $5,000 of FY 23/24 City Council budgeted discretionary funds for the June 2024 Pride Month celebration events in partnership with the San Benito County Esperanza (Hope) Center and authorize the City Manager to execute a contract agreement to include these events.
9. RESOLUTION NO. 2024-17 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AWARDING A CONTRACT FOR DISASTER DEBRIS
REMOVAL AND DISPOSAL SERVICES AND DIRECTING THE CITY
MANAGER TO NEGOTIATE A CONTRACT (City Manager)
BRIEF DESCRIPTION: The City issued a Request for Proposals (RFP) December 1, 2023 for Disaster Debris Removal and Disposal Services.
After careful review by a reviewing committee, the committee recommends the City Manager to negotiate a contract with DRC Pacific Inc.
RECOMMENDATION: Adopt a resolution and direct the City Manager to negotiate a contract with DRC Pacific Inc. for Disaster Debris Removal and Disposal Services to maintain the public health, safety, and economic recovery of the city during the response to an exigent situation.
10. RESOLUTION NO. 2024-11 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HOLLISTER APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR PROJECT ALMOND AND AUTHORIZING
EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENTS WITH DUKE REALTY HOLLISTER LIMITED PARTNERSHIP (Engineering)
BRIEF DESCRIPTION: This item will approve the Subdivision Improvement Agreement for Project Almond, a conditionally approved commercial
City Council Tuesday, February 20, 2024 Page 6 of 8
development consisting of a concrete tilt-up building for a proposed e- commerce fulfillment center and distribution facility. Additionally, this item will authorize the execution of said agreement with Duke Realty Hollister Limited Partnership for the project’s associated infrastructure improvement requirements.
RECOMMENDATION: Adopt a resolution approving the Subdivision Improvement Agreement for Project Almond and authorize the execution of the agreement for the project’s associated infrastructure improvement requirements with Duke Realty Hollister Limited Partnership.
B. PUBLIC HEARINGS
1. RESOLUTION NO. 2024-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING APPEAL 2023-2 AND UPHOLDING THE PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 2023-3
TO INSTALL A CNG FUELING FACILITY FOR EXCLUSIVE USE BY STAR
CONCRETE VEHICLES OPERATING ON THE ADJACENT STAR BATCH
PLANT AND MATERIAL SUPPLY FACILITY (SAN BENITO ROCKERY, LOCATED AT 151 HILLCREST ROAD), LOCATED NORTH OF GIBBS ROAD (APN 056-250-063) WITHIN THE M1 LIGHT INDUSTRIAL ZONING DISTRICT (Planning)
BRIEF DESCRIPTION: Appellant Opal Fuels has filed an appeal (Appeal 2023-2) of Planning Commission action opposing the Planning Commission denial of Conditional Use Permit 2023 -3 for the installation of a CNG fueling station for exclusive use by Star Concrete Vehicles operating on the adjacent facility (San Benito Rockery) at 151 Hillcrest Road.
RECOMMENDATION: Hold a public hearing to consider Appeal 2023 -2 and adopt a resolution upholding the Planning Commission decision to deny Conditional Use Permit 2023-3.
2. RESOLUTION NO. 2024-19 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO ACT AS THE
CERTIFYING OFFICER IN ORDER TO CERTIFY THE FINDING OF NO
SIGNIFICANT IMPACT (FONSI), SIGN ANY OTHER RELATED DOCUMENTS,
AND TRANSMIT THE FONSI TO THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT PURSUANT TO THE NATIONAL ENVIRONMENTAL
POLICY ACT FOR THE EDEN HOUSING/MIMOSA STREET INVESTORS, LP AFFORDABLE RESIDENTIAL DEVELOPMENT LOCATED ON LOT 100 IN
THE WEST FAIRVIEW SPECIFIC PLAN AREA (FURTHER IDENTIFIED AS ASSESSOR PARCEL NUMBER 057-860-046) (Planning)
BRIEF DESCRIPTION: The City Council will consider adopting a resolution authorizing the City Manager to certify a Finding of No Significant Impact under the National Environmental Policy Act in order to allow the Department of Housing and Urban Development to issue project -based Section 8 vouchers for the approved Eden Housing/Mimosa Street Investors, LP affordable residential development.
City Council Tuesday, February 20, 2024 Page 7 of 8
RECOMMENDATION: Adopt a resolution authorizing the City Manager to certify a Finding of No Significant Impact, sign any related documents, and transmit the Finding of No Significant Impact to the Department of Housing and Urban Development on behalf of the Applicant.
C. COUNCIL BUSINESS
1. INFORMATIONAL REPORT RELATED TO MEMORIAL DRIVE PEDESTRIAN CROSSWALK (Engineering)
BRIEF DESCRIPTION: This is an informational report to the City Council related to Memorial Drive Pedestrian Crosswalk.
RECOMMENDATION: Receive the informational report and provide direction to staff.
2. INFORMATIONAL REPORT RELATED TO TRAFFIC STUDIES REQUESTED BY CITY COUNCIL (Engineering)
BRIEF DESCRIPTION: This is an informational report to the City Council related to Traffic Studies and the associated cost.
RECOMMENDATION: Receive the informational report and provide direction to staff.
3. 2024 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.
4. INFORMATIONAL REPORT ON FISCAL YEAR 2023-24 QUARTER 2 (MID- YEAR) BUDGET MONITORING (Administrative Services)
BRIEF DESCRIPTION: Staff will provide a summary of the financial activities during Quarter 2 (Q2) of Fiscal Year 2023 -24. This update will cover the period of July 1, 2023 - December 31, 2023 and is also known as the mid-year update.
RECOMMENDATION: Receive the informational budget monitoring update for Q2 of Fiscal Year 2023-24 and provide possible direction to staff.
D. INFORMATIONAL REPORTS
1. COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
2. COUNCIL REPORTS
City Council Tuesday, February 20, 2024 Page 8 of 8
Receive informational reports from the members of the City Council.
3. CITY MANAGER REPORT
4. INFORMATIONAL MEMORANDA
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.
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.
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