CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Regular Meeting
December 5, 2022
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Councilmember Resendiz led the pledge of allegiance.
ROLL CALL
The regular meeting of the City Council was called to order by Mayor Ignacio Velazquez on December, 5, 2022 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
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
Brett Miller City Manager Present
VERIFICATION OF AGENDA POSTING
Assistant City Manager David Mirrione verified the agenda for the City Council of the City of Hollister Regular Meeting of December 5, 2022 was posted on the bulletin board at City Hall on November 30, 2022 at 1:40 p.m. per Government Code Section 54954.2.
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.
There were no requests to speak from the public.
Coucilmember Burns moved, and Councilmember Resendiz seconded the motion to adopt the consent agenda, except items Al and A6. The motion carried 5-0-0.
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent agenda items are numbers: Al, A2, A3, A4, A5, and A6.
1. Item Al was moved to Items Pulled from the Consent Agenda
2. Resolution No. 2022-204 a Resolution of the City Council of the City of Hollister Authorizing the Mayor to Execute a Letter of Support for San Benito County Water District's Accelerated Drought Response Project (ADRoP)
3. Claim Against the City - Filed by Jacqueline Barajas
4. Ordinance No. 1223 an Ordinance of the City of Hollister, Adding Chapter 9.09 to Title 9 Public Peace, Morals, and Welfare, of the Hollister Municipal Code, Relating to Use and Trespassing Upon City Parking Lots and Garages -- Second Reading
5. Ordinance No. 1224 an ordinance amending Chapter 15.04 of the City of Hollister Building Code, and adopting the California Building Standards Code 2022 Edition of the California Fire Code and Appendices Title 24, Part 9
6. Item A6 was moved to Items Pulled from the Consent Agenda
ITEMS PULLED FROM CONSENT AGENDA
7. City Council Minutes (Item Al) - Regular Meeting - Nov 21, 2022 6:30 PM Councilmember Burns requested his comments on the minutes for section G.2 be corrected to read "storing of boats, recreational vehicles, and cars on private property" and not "cards".
There were no requests to speak from the public.
Coucilmember Resendiz moved, and Councilmember Perez seconded the motion to approved the November 21, 2022 minutes. The motion carried 5-0-0.
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RESULT: Accepted[Unanimous]
MOTION: Rolan Resendiz
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
8. Resolution No. 2022-205 2022-205 (Item A6): Koret Shelter Medicine Program Grant
Councilmember Burns requested and received additional information regarding the costs and staff time required to provide the data for the program.
There were no requests to speak from the public.
Coucilmember Burns moved, and Councilmember Morales seconded the motion to adopt resolution 2022-205. The motion carried 5-0-0.
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
Julian Torres, artist and co-founder of the nonprofit Master of Possibilities, spoke regarding a mural he painted on his home. Mr. Torres reported he had received a code enforcement warning for the mural, which stated it was graffiti. Mr. Torres recited on the definition of graffiti in the municipal code and stated the mural was not unauthorized as defined by the municipal code.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
_ City Manager Miller stated he will work with the City Attorney regarding the concern raised by Mr. Torres.
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2. Trainings and Conferences
City Manager Miller stated there was nothing to report.
E. PUBLIC HEARINGS
1. Ordinance No. 1225 an Ordinance of the City of Hollister amending the Zoning Ordinance to adopt Chapter 17.26, Two-Unit Residential Developments and Urban Lot Splits (ZOA 2022-2)
Planner Erica Fraser provided the staff report summarizing the types of developments allowed by Senate Bill 9 and stated the Planning Commission previously reviewed the proposed addition to the municipal code. Planner Fraser described the requirements for two-unit housing developments and urban lot splits outlined in the proposed ordinance.
Mayor Velazquez opened the public hearing at 6:58 p.m.
There were no speakers for this item.
Mayor Velazquez closed the public hearing at 6:58 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to introduce Ordinance 1225. The motion carried 5-0-0.
RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. Resolution No. 2022-206 a Resolution of the City Council of the City of Hollister authorizing an agreement between the City of Hollister Animal Shelter and Best Friends Animal Society
Animal Control Officer Alyssa Bautista provided the staff report and stated the benefits the grant will have to the animal shelter to support its animal life-saving efforts.
Councilmember Burns commented on the closure of the night kennel stating previously the Council had prioritized keeping it open.
Police Chief Carlos Reynoso reported the night kennels have been closed previously, and the public may still come during business hours.
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Animal Control Officer Bautista stated members of the public have abandoned ill and injured animals to the night kennel because Hollister is the only local municipality with a night kennel.
Councilmember Resendiz expressed concern in closing the night kennels and stated he would like to hear from community partners on this topic prior to taking action on this item.
Lorance Gomez, Santa Clara County Animal Center Operations Manager, stated he understands the concerns raised and stated the goal is to find ways to better serve in a more humane capacity, to provide the best care to animals, and to serve Hollister residents.
Councilmember Burns requested more information regarding the specific requirements of the grants.
City Attorney Lerner referenced the acknowledgement letter with Best Friends Society which includes the City's commitments in accepting the grant funds, but there is no defined timeline for the requirements.
Mr. Gomez stated Best Friends Society has historically operated on a one-year time frame with quarterly check-ins.
Public comment opened at 7:32 p.m.
There were no public comments for this item.
Public comments closed at 7:32 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2022-206. The motion passed 4-1-0, with Councilmember Resendiz dissenting.
RESULT: Adopted [4 to 1]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Morales, Burns
NOES: Resendiz
RECUSED:
ABSTAIN:
ABSENT:
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Reports from City Council Members regarding Committees on which they serve
_ Councilmember Resendiz reported his attendance at Council of Governments meeting to interview candidates and discuss the recruitment for the executive director.
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Councilmember Morales stated the Downtown Business ad hoc committee will be meeting at City Hall on December 8 at 6:00 p.m.to discuss the July motorcycle rally.
2. Informational Reports from City Council,City Manager,City Attorney, City Clerk and Staff
Councilmember Burns congratulated the Hollister Rebels youth football team on their recent championship, wished good luck to the Hollister Vikings team on their upcoming game in Florida, and congratulated the Hollister Haybalers football team on the great year. Councilmember Burns requested an update on the ShotSpotter program, installation of cameras in the skate park, installation of cameras at the two entrances to Sunnyslope Village,and a status report on the new downtown sign.
Councilmember Burns requested financial information regarding the profits and losses for the Hollister 150th celebration. Councilmember Burns suggested starting formal public conversations in January on adoption of next year's budget.
Councilmember Resendiz wished good luck to the Cowboys cheerleaders going to Florida for a cheer competition.Councilmember Resendiz requested consideration of his request for police badges to recognize the LGBTQ+ Community in light of the recent Colorado shooting tragedy on the December 19, 2022 Council meeting agenda. Councilmember Resendiz thanked staff and volunteers and congratulated them on the successful Lights On parade and Breakfast with Santa event.
Councilmember Perez wished the community a merry Christmas and thanked them for attending public meetings.
Councilmember Morales thanked those who attended Council meetings wished staff and the community a happy holidays.
Mayor Velazquez thanked Recreation Department staff for their great work on the Lights On parade and reported the downtown sign is scheduled to be installed before Christmas.
Mayor Velazquez spoke in support of the city's pursuit of collecting attorneys'fees regarding a recent case won by the City and requested an updated when available.
Police Chief Reynoso reported a presentation on the ShotSpotter program is being planned for January 2023. Police Chief Reynoso provided updates on cameras to be installed at the skate park and on Beverly Drive.
Assistant City Manager Mirrione invited the community to attend the Christmas in the Park events in Dunne Park the weekend of December 16 and shared events that will take place throughout the weekend.
3. Council to receive a Recreational Vehicle Ordinance Report with options for potential changes
Police Chief Reynoso provided the staff report and stated recently several members of the public have complained regarding the City's prohibition against parking recreational vehicles on city streets and storage of recreational vehicles on private property. Police Chief Reynoso recommended against changing the current ordinance. If the Council is interested in changing the ordinance, Police Chief Reynoso made several suggestions for potential conditions and restrictions to City Council Monday,December 5,2022 Page 6 of 9
include in a proposed ordinance revision.
Code Enforcement Officer Desiree Martinez displayed photos of examples of dangerous conditions created by recreational vehicles parked in residential areas and described violations of the current municipal code.
Police Chief Reynoso and Code Enforcement Officer Martinez responded to Council questions regarding the permit option and other options presented by staff.
Public comments opened at 8:05 p.m.
Jessie Fernandez recounted receiving a request from the Hollister Police Department to move his boat and trailer and the cost for storing them elsewhere.Mr.
Fernandez spoke against Hollister's current prohibition against parking recreational vehicle on private property.
Christi Clark spoke regarding the availability of recreational vehicle storage and stated vandalism occurs at those storage facilities including against her own recreational vehicle. Ms. Clark stated the height limitations should match the common height of recreational vehicles,and ten feet is too short.
Stephen Beck spoke regarding his travel trailer that is parked and fits within his driveway. Mr. Beck stated people should be able to park their vehicles within their private driveways if they do not impede on the sidewalk or street. Mr. Beck spoke in support of the suggested changes to the recreational vehicle ordinance.
Chris Larkin stated he has a right to enjoy and use his private property,and Hollister should not be able to infringe on this right as a property owner.
Karson Klawer spoke in support of finding a balance between the property rights of owners and those that live in a neighborhood. Mr. Klawer shared his experience of walking his children to school and the sidewalk being fully blocked by recreational vehicles that forced them to walk in the street.
Public comments closed at 8:15 p.m.
Councilmember Burns requested City Attorney Lerner research the hearing officer requirements to confirm Hollister's compliance with government code.
Police Chief Reynoso confirmed staff has requested the city attorney work on changes to the municipal code regarding use of a hearing officer.
Councilmember Resendiz suggested creation of an ad hoc committee to meet with the police department to work out the details of changes to the ordinance prior to returning the item to the Council for consideration.
Councilmember Burns recommended staying enforcement action related to the current recreational vehicle ordinance until Council considers updates to the ordinance.
City Attorney Lerner stated Council can request bringing a stay of enforcement back as an action item for Council consideration, but action cannot be taken at the current meeting.
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By consensus the City Council directed staff to draft amendments to the recreational vehicle (RV) ordinance to include the following items:
• Only allowed if the RV does not already fit in the rear or side yard per the current code.
• The RV should have a fitted and well maintained cover to eliminate the visual clutter.
No tarps or other makeshift covers.
• The current setbacks for fire prevention should be three feet from adjoining property, three feet from any inhabited structure including garage (from garage door) and no intrusion into the sidewalk or other public property.
• The RV must be parked perpendicular with the driveway entrance. No horizontal or angle parking taking up more driveway space.
• Limited to only one RV per residence. (RV is defined as any motorhome, boat, utility trailer, or other recreational vehicle. Only one of this type of vehicle per residence) • The RV has to be on pad approved by engineering (cement, pavers, etc.) and not dirt or grass.
• The RV cannot be higher than twelve feet tall.
• The RV has to have current registration to a current resident of the property (no Non- op)
• The RV should be in working order and operable, not dismantled or wrecked. • The RV should be stored only in the closed position (no slide outs open) and not inhabited at any time with the exception of actively cleaning, repairing, loading, or unloading.
• The length of the RV cannot impede on the sidewalk, must be at least three feet from the house, and not create a sight line obstruction.
• The 14-day allowance should be changed to a permit process that does not have a fee and are not limited to a specific number allowed per year. The permit process should be revisited in a year once data on permits issued can be gathered.
Following Council adoption of any changes to the recreational vehicle ordinance, Councilmember Burns suggested a mass mailing to residents to ensure they are informed of the changes.
RESULT: Consensus
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
H. UNFINISHED BUSINESS
1. Updated City Council Projects
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I. NEW BUSINESS
No items.
J. ADJOURNMENT
Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn the meeting at 9:27 p.m. The motion carried 5-0-0.
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
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