CITY COUNCIL AGENDA Regular Meeting February 4, :30 PM

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1 MAYOR Ignacio Velazquez COUNCIL MEMBERS Carol A. Lenoir, District 1 Rolan Resendiz, District 2 Honor Spencer, District 3 Marty Richman, District 4 CITY MANAGER William B. Avera CITY ATTORNEY Jason S. Epperson CITY CLERK Christine Black POLICE CHIEF David Westrick CITY COUNCIL AGENDA Regular Meeting February 4, :30 PM CITY OF HOLLISTER CITY COUNCIL CHAMBERS, CITY HALL 375 FIFTH STREET HOLLISTER, CA (831) CITY TREASURER Anietra Gomez 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 C of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. 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. CALL TO ORDER 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:

2 1. Conference with Legal Counsel anticipated litigation pursuant to Government Code section (b) (two(2) potential cases) 2. Conference with Legal Counsel regarding existing litigation pursuant to Government Code section (a): San Benito County Superior Court Case No. CU , E.A. Von Urff v. City of Hollister, et al PLEDGE OF ALLEGIANCE ROLL CALL VERIFICATION OF AGENDA POSTING CLOSED SESSION - REPORT OUT A. CONSENT RESOLUTION All items listed under consent Resolution 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 Citizen. Consent items are numbers: A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, and A15 1. The minutes of the Special Meeting of City Council January 14, The minutes of the Regular Meeting of City Council January 22, Warrant Registers (Finance) DESCRIPTION: Audit attached warrant register(s). RECOMMENDATION: The City Council will ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessment funds dated: January 10, 2019, in the amount of $53, January 14, 2019, in the amount of $522, January 18, 2019, in the amount of $2,162, January 23, 2019, in the amount of $1, January 9, 2019, in the amount of $282, January 9, 2019, in the amount of $484, Claim Against the City filed by Xizi Dong (City Clerk) BRIEF DESCRIPTION: A claim against the City was filed by Xizi Dong on December 21, RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant. City Council Monday, February 4, 2019 Page 2 of 8

3 5. ABC License Review - Seabrisa's Eatery, 155 Skylane Dr, Hollister (City Clerk) BRIEF DESCRIPTION: The City Council should acknowledge receipt of the ABC license review for Seabrisa s Eatery, 155 Skylane Dr, Hollister, and order it filed. RECOMMENDATION: Motion to acknowledge receipt of the ABC license review for Seabrisa s Eatery, and order it filed. 6. Resolution No a Resolution of the City Council of the City of Hollister Approving temporary closure of 5th Street for the Santa Clara Valley Model "T" Ford Club Run/Parade to be held on June 9, 2019 (City Clerk) BRIEF DESCRIPTION: This Resolution will authorize the closure of 5 th Street from 5:30 a.m. to 10:30 a.m. on June 9, 2019, for the Santa Clara Valley Model T Ford Club Run/Parade. RECOMMENDATION: That the City Council ADOPT a Resolution to temporarily close 5 th Street from 5:30 a.m. to 10:30 a.m. on June 9, 2019, for the Santa Clara Valley Model T Ford Club Run/Parade. 7. Resolution No a Resolution of the City Council of the City of Hollister Amending the Bylaws of the City of Hollister Airport Advisory Commission (Management Services) BRIEF DESCRIPTION: Staff is requesting that the City Council review the bylaws of the Hollister Airport Advisory commission that were approved unanimously by the commission on January 23, 2019, with a 5-0 vote. Resolution approving the amended Airport Advisory Commission bylaws. 8. Resolution No a Resolution of the City Council of the City of Hollister authorizing staff to compete for a competitive grant from Prop 68 funds Cultural, Community & Natural Resources Grant to fund improvements at Brigantino Park (Management Services) BRIEF DESCRIPTION: This Resolution authorizes staff to apply for grant funds from the Proposition 68 Park Bond to fund improvements at Birgantino Park. Resolution directing staff to apply for Proposition 68 grant funds to fund improvements at Brigantino Park. 9. Resolution No a Resolution of the City Council of the City of Hollister authorizing staff to compete for a competitive grant from Prop 68 funds for the Leatherback recreation facility (Management Services) BRIEF DESCRIPTION: This Resolution authorizes staff to apply for grant funds from the Proposition 68 Park Bond to fund improvements for the Leatherback recreation facility. City Council Monday, February 4, 2019 Page 3 of 8

4 Resolution directing staff to apply for Proposition 68 grant funds for the Leatherback recreation facility. 10. Resolution No a Resolution of the City Council of the City of Hollister authorizing staff to compete for a competitive grant from Prop 68 funds for the Fire Station 2 Recreation Facility (Management Services) BRIEF DESCRIPTION: This Resolution authorizes staff to apply for grant funds from the Proposition 68 Park Bond to fund improvements for the Fire Station 2 Recreation Facility. Resolution directing staff to apply for Proposition 68 grant funds for the Fire Station 2 Recreation Facility. 11. Resolution No a Resolution of the City Council of the City of Hollister Authorizing the City Manager to Sign Amendment No. 7 to the Professional Services Agreement with Development & Public Finance, LLC. for Negotiation with Crown Castle and a Supplemental Appropriation (Development Services) BRIEF DESCRIPTION: This Resolution will authorize the City Manager to sign Amendment No. 7 to the Professional Services Agreement with Development & Public Finance, LLC to assist the City with negotiations with the cell tower lease with Crown Castle and a supplemental appropriation of $84,000. RECOMMENDATION: That the City Council considers the request and ADOPT a Resolution authorizing the City Manager to sign Amendment No. 7 to the Professional Services Agreement with Development & Public Finance, LLC and a supplemental appropriation. 12. Resolution No a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 240 Sally Street project for the annexation of territory into Community Facilities District No. 4 Annexation No. 27 (Public Facilities Services) (Planning) BRIEF DESCRIPTION: Consider approval of the boundary of the 240 Sally Street project for the annexation of territory into Community Facility District No. 4 Annexation No. 27 (Public Facilities Services), and authorize execution of the agreement for the proposed boundary. RECOMMENDATION: That the City Council ADOPT a Resolution approving the proposed boundary of the 240 Sally Street project for the annexation of territory into Community Facility District No. 4 Annexation No. 27 (Public Facilities Services). 13. Resolution No a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 240 Sally Street project for the annexation of territory into Community Facilities District No. 5 Annexation No. 3 (Police and Fire Services) (Planning) City Council Monday, February 4, 2019 Page 4 of 8

5 BRIEF DESCRIPTION: Consider approval of the boundary of the 240 Sally Street project for the annexation of territory into Community Facility District No. 5 Annexation No. 3 for Police and Fire Services and authorize execution of the agreement for the proposed boundary. RECOMMENDATION: That the City Council ADOPT a Resolution approving the proposed boundary of the 240 Sally Street project for the annexation of territory into Community Facility District No. 5 Annexation No. 3 (Police & Fire Services). 14. Resolution No a Resolution of the City Council of the City of Hollister Authorizing the City Manger to Sign the First Amendment to the Development and Disposition Agreement Among the City of Hollister, Del Curto Brothers Construction, Inc. and Community Foundation for San Benito County (400 Block) (Development Services) BRIEF DESCRIPTION: This Resolution will authorize the City Manager to sign Amendment 1 for minor amendments to the Development and Disposition Agreement (DDA) for the sale of the 400 Block property at the southwest corner of Fourth and San Benito Streets in downtown Hollister as required by the Dissolution Act that eliminated redevelopment agencies in California. RECOMMENDATION: The City Council receives all information and ADOPT a Resolution approving minor amendments to the DDA for the sale of the 400 Block property. 15. Resolution No a Resolution of the City Council of the City of Hollister approving the supplemental appropriation of $2, from fund to fund for the Recreation division's 49er Prep Flag Football program (Recreation) BRIEF DESCRIPTION: This item would approve and authorize the supplemental appropriation of $2,000 from the general fund for Recreation division's 49er Prep Flag Football program. Resolution approving the $2,000 supplemental appropriation from the general fund for Recreation division s 49er Prep Flag Football program. B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY 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. 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. City Council Monday, February 4, 2019 Page 5 of 8

6 D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS 1. City Manager Report Receive report from City Manager Avera. E. PUBLIC HEARINGS F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES 1. Resolution No a Resolution of the City Council of the City of Hollister authorizing the Information Systems and Technology Director to enter into an agreement with Alcatel Lucent Enterprises / ICON Cloud Solutions to provide phone equipment and Hybrid Cloud VoIP services to the City of Hollister and authorizing supplemental appropriations in the amount of $18, for Fiscal Year 2018/2019 and $54, for Fiscal Year 2019/2020 (Information Services) BRIEF DESCRIPTION: The City of Hollister has a need to replace antiquated phone system throughout the City. The Information Systems Department has researched replacement phone system solutions and costs, and the City Council will consider a Resolution authorizing the Information Systems and Technology Director to enter into an agreement with Alcatel Lucent Enterprises (ALE) / ICON Cloud Solutions to provide phone equipment and Hybrid Cloud VoIP services to the City of Hollister. Staff is requesting an appropriation for Fiscal Year 2018/2019 in the amount of $18, and for Fiscal Year 2019/2020 in the amount of $54, RECOMMENDATION: Staff is requesting authorization to enter into an agreement with Alcatel Lucent Enterprises (ALE) / ICON Cloud Solutions to provide phone equipment and Hybrid Cloud VoIP services to the City of Hollister. Staff is requesting an appropriation for Fiscal Year 2018/2019 in the amount of $18, and for Fiscal Year 2019/2020 in the amount of $54, G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES 1. 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. 2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff Receive informational reports from the City Council, City Manager Avera, City Attorney Epperson, Chief of Police Westrick, City Clerk Black, and other Staff as applicable. 3. Receive a Report and Consider a Proposed Ordinance to restrict or ban Flavored Tobacco (City Manager) BRIEF DESCRIPTION: The City Council will consider a proposal to adopt a flavored tobacco Ordinance that could restrict or ban the sales of products City Council Monday, February 4, 2019 Page 6 of 8

7 in the City of Hollister. RECOMMENDATION: That the City Council receive a report and provide direction to staff. 4. Review Hollister City Council Norms and Protocols (City Manager) BRIEF DESCRIPTION: Vice Mayor Richman requested that an item be placed on the agenda regarding the City Council Code of Conduct and Ethics. In December 2017, the City Council adopted Council Norms and Protocols. Those guidelines will be reviewed and suggestions for any changes will be received. RECOMMENDATION: Staff recommends that the City Council review the documents and direct staff to make amendments if desired. 5. Receive a Report on the Rebel Rally (City Manager) BRIEF DESCRIPTION: Council Member Lenoir asked to have a report on the Rebel Rally advertised for the July 4, 2019 holiday weekend taking place at the Veterans Memorial Hall. RECOMMENDATION: That the City Council receive a report. 6. Ratify appointment to the Library Committee (City Manager) BRIEF DESCRIPTION: The City Council will consider appointing one member to serve on the Library Advisory Committee. RECOMMENDATION: Library Committee. That the City Council appoint one member to the H. UNFINISHED BUSINESS I. NEW BUSINESS J. MISCELLANEOUS K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT AGENCY 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) 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 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, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.) City Council Monday, February 4, 2019 Page 7 of 8

8 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 and periodically on Cable Channel 17. The next City Council Meetings are scheduled as follows: Special City Council Meeting -- Monday, February 11, 2019, at 6:00 p.m. Regular City Council Meeting -- Tuesday, February 19, 2019, at 6:30 p.m. (due to Holiday on Feb. 18) Regular City Council Meeting -- Monday, March 4, 2019, at 6:30 p.m. Regular City Council Meeting -- Monday, March 18, 2019, at 6:30 p.m. City Council Monday, February 4, 2019 Page 8 of 8

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