JOINT MEETING OF THE HOLLISTER CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
HOLLISTER REDEVELOPMENT AGENCY
Minutes of Special and Regular Meeting
February 21, 2023
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
Mayor Casey called the special meeting to order at 5:30 pm.
CLOSED SESSION - 5:30 P.M.
Public Comment (limited to any item listed on the Closed Session agenda)
There were no public comments.
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
City Attorney Mary Lerner read the titles of the closed session items.
1. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION 54956.9 (d)(1) Name of Case: LLXP, Inc. v. City of Hollister, et al., San Benito County Superior Court Case No. CU-21-00119
2. Consultation of Public Employment G.C. section 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager
Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn to closed session. Motion carried 5-0-0.
The special meeting adjourned at 6:30 p.m.
PLEDGE OF ALLEGIANCE
Mayor Casey called the regular meeting to order at 6:32 p.m.
Councilmember Morales led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on February, 21, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name
Title
Status Arrived
Mia Casey
_
Mayor
_
Present
Rick Perez
District 1
Present
Rolan Resendiz
District 2
Present
Dolores Morales
District 3
Present
Tim Burns
Mary F. Lerner
_District 4
City Attorney
Present
Present
Jennifer Woodworth
City Clerk
Police Chief
City Manager
City Treasurer
Assistant City Manager
Present
Carlos Reynoso
Present
Brett Miller
Absent
Absent _
Present
Gordon Machado
David Mirrione
VERIFICATION OF AGENDA POSTING
City Clerk Jennifer Woodworth reported the agenda for the City Council of the City of Hollister regular meeting of February 21, 2023 was posted on the bulletin board at City Hall on February 16, 2023 at 4:50 p.m. per Government Code Section 54954.2.
CONTINUED PUBLIC HEARING NOTICE
Mayor Casey announced the public hearing notice published in the paper on February 10, 2023, titled: CUP 2023-01 L Plus L, LLC has been continued to the March 6, 2023 City Council meeting.
CLOSED SESSION - REPORT OUT
City Attorney Lerner reported there was no reportable action taken in closed session. a:Z9I4W_1►yi I_110Is] ZRN 0 x919Ir] LI I III I If] Z K
1. Proclamation - Recognizing the San Benito County League of United Latin American Citizens (LULAC) Council 2890 for Its Past Service to the Community
Mayor Casey presented the proclamation to Richard Perez Sr. representing the San Benito County League of United Latin American Citizens (LULAC).
Mr. Perez shared comments in support of LULAC and their accomplishments in serving the community and its residents and thanked the Council for their recognition of LULAC.
Shirley Trevino spoke regarding the many volunteers who give their time and energy to support LULAC and described the services these volunteers are able to provide to residents.
Mickie Luna with LULAC spoke in support of LULAC's 35 years of service to the community and its ongoing work to support the community and its residents.
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.
Councilmember Burns pulled Item Al from the consent agenda.
Mayor Casey opened public comment at 6:46 p.m.
City Council Tuesday, February 21, 2023 Page 2 of 13
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 6:46 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for item Al. Motion carried 5-0.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent items are numbers: Al, A2, A3, and A4.
1. Item 1 was moved to Items Pulled from the Agenda
2. Claim Against the City - Filed by Jaime Rosales and Heriberto Gallegos
3. Resolution No. 2023-22 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of San Benito Street from 5th Street to South Street, Monterey Street, and 7th Street for the City of Hollister Parks and Recreation Department St. Patrick's Day Dash on March 17, 2023.
4. Resolution No. 2023-24 a Resolution of the City Council of the City of Hollister authorizing an amendment to Task Order 2021-20 with Kimley- Horn and Associates to finalize the design documents for the Airport Industrial Water Main Project and approving a supplemental appropriation in the amount of $179,206.00
ITEMS PULLED FROM CONSENT AGENDA
5. City Council - Regular Meeting - Feb 6, 2023 6:30 PM Councilmember Burns requested the following errors in the minutes be corrected:
- For his comments regarding his request that the City contact the District Attorney or Attorney General to investigate Hazel Hawkins, remove the duplicate word "improprieties."
- For his comments regarding his request for an investigation into the mountain lion shooting in April 2022, remove the word police.
City Clerk Woodworth confirmed she will make the corrections.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the February 6, 2023 regular Council meeting minutes, as amended. Motion carried 5-0.
City Council Tuesday, February 21, 2023 Page 3 of 13
RESULT: Accepted as Amended [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
1. Resolution No. 2023-01 SA a Resolution of the City Council of the City of Hollister, acting in its capacity as the Successor Agency for the City of Hollister Redevelopment Agency (RDA), to Adopt a Recognized Obligation Payment Schedule 23-24 (ROPS) for the period July 1, 2023 to June 30, 2024
Assistant City Manager David Mirrione provided the staff report.
Councilmember Morales moved, and Councilmember Burns seconded the motion to approve the item. Motion carried 5-0.
RESULT:
Adopted [Unanimous]
MOTION:
Dolores Morales
SECOND:
Tim Burns
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
C. PUBLIC INPUT
Public comments opened at 6:50 p.m.
Bill Mifsud spoke in support of adding lights to the trees on the Downtown side streets.
Additionally, Mr. Mifsud requested additional information regarding a letter received from code enforcement for the A -frame sign outside his business, Bill's Bullpen.
Robin Pollard spoke regarding Park Hill and requested an update on ADA parking and repairs to the barbecue at the location. Finally, Ms. Pollard expressed concern regarding homeless individuals living at Park Hill.
Romero Marshall, owner of Marshall Van Conversions in Downtown Hollister, expressed concern regarding the negative impacts of parklets on his business, such as illegal parking, speeding vehicles, dangerous driving, etc.
City Council Tuesday, February 21, 2023 Page 4 of 13
Carla Torres spoke in support of LULAC's 35 years of youth services and support for students in the community, including herself.
Stephanie Marshall expressed concern regarding the installation of parklets and diagonal parking spaces near her business because they will create unsafe conditions for her customers.
Susan Logue spoke in support of the $15 million in grant funding for the library and requested the Council's ad hoc committee meet to receive information from the Friends of the Library organization.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
Assistant City Manager Mirrione provided additional information regarding the public comments, including a Request for Proposals for the Vista Park Hill Master Plan and lighting for Downtown side streets.
2. Trainings and Conferences
No items.
E. PUBLIC HEARINGS
1. Ordinance No. 1229 An Ordinance of the City Council of the City of Hollister amending the Zoning Ordinance to repeal Section 17.22.040, Accessory Dwelling Units, and replace with a new Chapter, Chapter
17.32, Accessory Dwelling Units.
Mayor Casey recused herself for this item and left the chambers at 7:07 p.m.
Senior Planner Erica Fraser provided the staff report describing the proposed modifications to the City's accessory dwelling unit ordinance to conform to current state regulations.
Councilmember Burns suggested posting a link to the state's handbook to help residents better understand the process.
Councilmember Resendiz inquired regarding the potential impact on city infrastructure based on potential construction of accessory dwelling units.
Assistant City Attorney Jennifer Thompson reported state law allows for impact fees to be charged for accessory dwelling units over a specific size but must be charged proportional to the size of the accessory dwelling unit.
Councilmember Resendiz supported resident outreach to ensure homeowners are informed of the legal requirements.
Vice Mayor Morales requested staff provide suggestions for impact fee recommendations based on the size of the accessory dwelling unit at a later meeting.
Councilmember Resendiz commented on the lack of impact fees required for new developments that are less than 750 square feet.
City Council Tuesday, February 21, 2023 Page 5 of 13
Vice -Mayor Morales opened the public hearing at 8:00 p.m.
There were no speakers for the consent agenda items.
Vice -Mayor Morales closed the public hearing at 8:00 p.m.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to read by title only, waive full reading and introduce an ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council Meeting and request staff look at the impact fees for accessory dwelling units moving forward. Motion carried 4-0-0 (Mayor Casey absent).
RESULT:
First Reading [Unanimous]
MOTION:
Tim Burns
SECOND:
Rolan Resendiz
AYES:
Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
Casey
ABSTAIN:
ABSENT:
Mayor Casey returned to the dais at 8:04 p.m.
2. Ordinance No. 1230 an Ordinance of the City Council of the City of Hollister amending the Zoning Ordinance to repeal Article II, Density Bonus of Chapter 17.04, Residential Zoning Districts, and replace with Chapter 17.34, Density Bonus and the adoption of an Application Fee related to Density Bonus Applications (ZOA 2023-2)
Senior Planner Fraser provided the staff report describing the proposed modifications to the City's density bonus ordinance to conform to current state regulations and proposed application fee for density bonus applications.
Councilmember Burns spoke in support of the City being cost neutral on staff review of development applications.
Councilmember Resendiz supported having a fee system similar to other municipalities where staff time is charged based on the amount of time spent rather than a flat fee and supported extending the amount of time to 55 years for moderate income level housing.
Mayor Casey opened the public hearing at 8:31 p.m.
Alex Sywak spoke regarding his applications for a density bonus and stated clarification is needed on what is and is not a development standard. Additionally, an application form is needed so it is easier for applicants to be able to determine what information they need to provide.
City Council Tuesday, February 21, 2023 Page 6 of 13
Mayor Casey closed the public hearing at 8:39 p.m.
Councilmember Burns supported extending the amount of years the units are required to be moderately affordable from 30 to 55 years and being budget neutral for staff time spent reviewing applications.
Councilmember Morales spoke in support of a time and motion study to determine the actual cost for staff to process development applications and in support of creating a timeline for review.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to read by title only, waive full reading and introduce an ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council meeting with the extension of the requirement for moderate income level units to remain affordable for 55 years and an acknowledgement that the public can appeal the fee amount to the City Council. Motion failed 2-3-0 (Councilmembers Casey, Perez, and Morales opposing).
RESULT:
Defeated [2 to 3]
MOTION:
Tim Burns
SECOND:
Rolan Resendiz
AYES:
Resendiz, Burns
NOES:
Casey, Perez, Morales
RECUSED:
ABSTAIN:
ABSENT:
Vice Mayor Morales spoke in support of removing the application fee from the ordinance and postponing the determination of the application fee until the fee study is complete and requested staff provide a timeline for how long it will take for staff to process density bonus applications.
Councilmember Morales moved, and Councilmember Perez seconded the motion to read by title only, waive full reading and introduce an ordinance of the City of Hollister amending Title 17, Zoning Ordinance, of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council meeting with the extension of the requirement for moderate income level units to remain affordable for 55 years and set the application fee at zero until completion of a fee study. Additionally, directed staff to create a timeline for staff to process a density bonus application. Motion carried 3-2-0 (Councilmembers Burns and Resendiz opposing).
City Council Tuesday, February 21, 2023 Page 7 of 13
RESULT:
First Reading [3 to 2]
MOTION:
Dolores Morales
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales
NOES:
Resendiz, Burns
RECUSED:
ABSTAIN:
ABSENT:
Council recessed at 8:53 p.m. and reconvened at 9:02 p.m. with all Councilmembers present.
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1. Ordinance No. 1228 an Ordinance of the City of Hollister, Amending Chapter 10.10 Recreational Vehicles and Boats, of the Hollister Municipal Code, Relating to Use and Storage of Recreational Vehicles Police Chief Carlos Reynoso provided the staff report and stated all amendments requested by Council at the previous meeting were included in the draft ordinance. A separate resolution is being proposed to reflect the fine levels requested by Council.
Police Chief Reynoso stated the proposed fine amount will not cover the costs for staff to enforce the recreational vehicle ordinance and to administer any appeals and recommended the Council adopt higher fines for enforcement of the ordinance.
Mayor Casey opened public comment at 9:08 p.m.
Patrick Mansfield supported allowing residents to park recreational vehicles on their private property and educating residents of the City's regulations.
Mayor Casey closed public comment at 9:11 p.m.
Councilmember Morales spoke regarding the complaint -based code enforcement system and supported conflict resolution training and options to resolve neighbor concerns without citations.
Councilmember Burns moved, and Councilmember Morales seconded the motion to read by title only, waive full reading and introduce Ordinance No. 1228 entitled, "Ordinance No. 1228: An Ordinance of the City of Hollister, Amending Chapter 10.10 Recreational Vehicles and Boats, of the City of Hollister Municipal Code, relating to Use and Storage of Recreational Vehicles" and schedule a second reading and adoption of the Ordinance for the March 6, 2023 City Council Meeting. Motion carried 5-0-0.
City Council Tuesday, February 21, 2023 Page 8 of 13
RESULT:
First Reading [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
2. Resolution No. 2023-25 a Resolution of the City Council of the City of Hollister Amending Administrative Citation Penalties and Related Charges Pursuant to Chapter 1.18 of the Hollister Municipal Code Police Chief Reynoso recommended keeping the fines as they currently are and not adopting the proposed resolution.
Councilmember Burns spoke in support of a time and motion study to best determine the cost of staff time related to code enforcement compliance.
Mayor Casey opened public comment at 9:30 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:30 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve a resolution of the City of Hollister amending Administrative Citation Penalties and Related Charges Pursuant to Chapter 1.18 of the Hollister Municipal Code. Motion carried 3-2-0. (Councilmembers Casey and Resendiz opposed).
RESULT:
Adopted [3 to 2]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Perez, Morales, Burns
NOES:
Casey, Resendiz
RECUSED:
ABSTAIN:
ABSENT:
3. Resolution No. 2023-23 a Resolution of the City Council of the City of Hollister authorizing staff to solicit sealed bids for the West Gateway Improvement Project, CIP C1816
Administrative Services Director Casey Estorga provided the staff report.
Mayor Casey opened public comment at 9:32 p.m.
There were no speakers for this item.
City Council Tuesday, February 21, 2023 Page 9 of 13
Mayor Casey closed public comment at 9:32 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-23. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Affordable Housing Review
Housing Programs Coordinator Jamila Saqqa provided the staff presentation reviewing various affordable housing policies affecting the City and affordable housing tools for non-profit organizations, the City, and residents.
Councilmember Resendiz requested and received an update regarding a potential inclusionary housing ordinance.
Mayor Casey opened public comment at 9:54 p.m.
No public comments for this item.
Mayor Casey closed public comment at 9:54 p.m.
By consensus the Council agreed to allow the meeting to continue past 10:00 p.m.
2. Informational Report to the City Council of the City of Hollister providing information regarding an After -Study for Traffic Control measures installed at Buena Vista Road and at Central Avenue.
Associate Engineer Socorro Zendejas introduced Derek Wu with Kimley-Horn who provided the presentation regarding the traffic calming measures implemented for Buena Vista Road and Central Ave, including speed humps, center median, speed feedback signs, etc. Mr. Wu reported on comments received during community outreach and compared the results of the traffic calming measures to the conditions prior to the measures being installed.
Councilmember Resendiz spoke in support of the traffic calming measures stating they helped protect school children and their families that travel through the area.
Councilmember Resendiz reported the City and Kimley-Horn were recognized by the American Public Works Association for this project and requested a press release regarding the project and its success. Councilmember Resendiz suggested having a ribbon -cutting event for Ladd Lane.
Mayor Casey opened public comment at 10:27 p.m.
City Council Tuesday, February 21, 2023 Page 10 of 13
No public comments for this item.
Mayor Casey closed public comment at 10:27 p.m.
3. Business Loan Program Update and Council Direction - Feb 21, 2022 Assistant City Manager Mirrione provided the staff presentation describing the purpose and guidelines of the Small Business Loan Program and provided an update on the program. Assistant City Manager Mirrione reviewed various considerations and costs in administering the Small Business Loan Program.
The Council expressed concerns regarding the City's ability and resources to administer the loan program suggested business grants may be a feasible alternative to the loan program.
Mayor Casey opened public comment at 10:47 p.m.
Michael Jones with MMM Churros expressed concern regarding the timeline for consideration for his application for the Small Business Loan Program and spoke in support of having a fair agreement with the City.
Priscilla Jones thanked the City for the Small Business Loan Program, expressed concern regarding the current contract terms, and requested clarification on their application, which was submitted under the previous program.
Mayor Casey closed public comment at 10:54 p.m.
Assistant City Manager Mirrione outlined various alternatives for how the Small Business Loan Program could move forward or evolve into a new program.
The Council directed the City Attorney and staff to analyze an option to fund previous and current qualified loan applicants as grant funding and potential creation of a grant program.
4. Reports from City Council Members regarding Committees on which they serve
Councilmember Resendiz reported the Intergovernmental Committee met and received a presentation from Hazel Hawkins Hospital, which is seeking a partner to operate the hospital or to sell the hospital.
Mayor Casey reported she attended a meeting of the Fire Protection Committee where they discussed potential formation of a countywide fire protection district; a meeting of the Council of Governments where the recent railroad crossing work on Highway 25 was discussed; and a meeting of the Intergovernmental Committee.
5. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns reported he will not be attending the budget workshop on February 25, 2023; requested a shade plan for Las Brisas Park; requested a Council proclamation recognizing Bill's Bullpen for 35 years of service to the community; requested a Council policy regarding proclamations; requested research from the police department on Flock cameras that can read license plates; requested a City Council Tuesday, February 21, 2023 Page 11 of 13
secondary proposal from Shotspotter to install Shotspotter cameras at all schools; requested the City Council authorize the City to move forward with fee study to include the following divisions - planning, code enforcement, and fire prevention; and requested information regarding the Area Agency on Aging that includes Santa Cruz, San Benito, and Monterey Counties and whether the City has contributed to the organization for the previous two years.
Councilmember Resendiz requested an agenda item to amend the municipal code to state the City Council adopts final tentative maps instead of adoption by the Planning Commission; an agenda item at the next Council meeting to provide an update on the motorcycle rally, including the cost to fence off the Downtown area and charge an entrance fee; suggested a ribbon cutting event for Ladd Lane following completion of road work there; requested training for peace officers and dispatchers as required by AB2504; requested the February 25, 2023 budget meeting be rescheduled to a date all councilmembers can attend; thanked all department heads for attending the Council meetings; and requested a Council policy regarding use of training funds by councilmembers.
Councilmember Perez requested an update on the downtown tree program and commented on the need to replace trees; requested a new Ukrainian flag be hung at City Hall; requested a future agenda item regarding Council pay; and requested information for a potential program to support beautification of Downtown business and empty lots.
Councilmember Morales spoke in support of the downtown tree program and potential downtown beautification program and requested a presentation on new laws impacting city operations and a workplan and timeline to implement requirements included in the new laws. Councilmember Morales congratulated various Hollister High School students for their recent successes.
Mayor Casey commended Ms. Tiller's fourth grade class at Sacred Heart School for their work on civic engagement and thanked them book they created and sent to her.
Mayor Casey reported she met with Congresswoman Zoe Lofgren regarding Hollister issues and priorities; met with a representative from State Assemblymember Robert Rivas's office; met with Gina Arnold from PG&E to discuss power issues related to the substation; and met with four local feral cat trappers who expressed concern regarding pregnant feral cats. Mayor Casey reported the feral cat trappers requested funding to fund two additional spay/neuter clinics in March.
By consensus, the Council directed staff to move forward with the following items: a proclamation recognizing Bill's Bullpen for 35 years of service to the community; a policy regarding proclamations by the City Council; a presentation regarding the Flock camera system; an update on the City's involvement with and support of the local Area Agency on Aging; an agenda item to amend the municipal code to state the City Council adopts final tentative maps instead of adoption by the Planning Commission; an update on the motorcycle rally on the next Council meeting agenda, including the cost to fence off the Downtown area and charge an entrance fee; training for peace officers and dispatchers as required by AB2504; a Council policy regarding use of training funds by councilmembers; replacing the Ukrainian flag at City Hall; a future agenda item regarding Council pay; information for a potential program to support beautification of Downtown business and empty lots; a presentation on new laws impacting city operations and a workplan to implement City Council Tuesday, February 21, 2023 Page 12 of 13
requirements included in the new laws; a discussion regarding potential funding for additional spay/neuter clinics for feral cats.
City Clerk Woodworth reported on requests for Council proclamations by the Girl Scouts of San Benito and Aviation Across America. By consensus the Council approved bringing forward these proclamations at a future Council meeting.
H. UNFINISHED BUSINESS
1. Updated City Council Projects
I. NEW BUSINESS
No items.
J. MISCELLANEOUS
No items.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
L. ADJOURNMENT
Councilmember Morales moved, and Councilmember Resendiz seconded the motion to adjourn the meeting at 11:46 p.m. Motion carried 5-0-0.
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Tuesday, February 21, 2023 Page 13 of 13