MAYOR
Mia Casey
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
INTERIM 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
April 17, 2023
Special Meeting 5:00 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 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):
City Council Monday, April 17, 2023 Page 2 of 12
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
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 Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: (Interim City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Union, Local 521; Hollister Firefighters Union, Local 3395; Hollister Mid-Management Association; Hollister Peace Officer Association; and un-represented employees in classifications designated as Executive Management and Confidential
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS per Government Code section 54956.8
Under Negotiation: Price and Terms
Property: 190 Maple Street, Hollister, CA 95023
Agency negotiator: Interim City Manager David Mirrione
Negotiating parties: Renee Kunz
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3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9) National Prescription Opiate Litigation, No. 1: 17-md-2804 (N.D. Ohio) (Walmart, Walgreens, CVS, Teva, Allergan)
4. Consultation of Public Employment Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
PROCLAMATIONS/RECOGNITIONS
1. Proclamation Congratulating Cole Seymour and Eliana Salcedo for their Success at the Fresno Folkstyle State Championships (City Clerk)
2. Proclamation Declaring May as Water Awareness Month (City Clerk) A. COUNCIL BUSINESS
1. Consideration of Confidential Investigation Report From The Independent Investigation Pertaining To The Conduct Of Councilmember Rick Perez Towards Other Councilmembers and Citizens (City Attorney) BRIEF DESCRIPTION: A Hollister City Councilmember and a public official from another jurisdiction both made complaints regarding the alleged inappropriate conduct of Hollister City Councilmember Rick Perez. An investigation was ordered and the City has received a Confidential Investigation Report containing sustained findings of conduct by Councilmember Perez that likely violates the City of Hollister Code of Ethics and Conduct.
RECOMMENDATION: 1) Review and discuss the independent Investigator’s Confidential Investigation Report under the direction of the law firm Liebert Cassidy Whitmore (LCW); 2) Discuss options presented by attorney Yesenia Carrillo of LCW for possible action in response to the sustained findings contained in the Confidential Investigation Report; and 3) Take a vote on possible remedial action.
B. 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 through A16.
1. The minutes of the Regular Meeting of City Council April 3, 2023
2. Claim Against the City - Filed by Natmar L.P. (City Clerk) BRIEF DESCRIPTION: Natmar L.P. filed a claim against the City on January 26,
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2023.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
3. Claim Against the City - Filed by Gilberto Garcia (City Clerk) BRIEF DESCRIPTION: Gilberto Garcia filed a claim against the City on March 27, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
4. Ordinance No. 2032 An Ordinance of the City Council of the City of Hollister Amending Section 1.18.060 of Chapter 1.18 of the City of Hollister Municipal Code Relating to Administrative Citation Hearing Requests (City Clerk)
DESCRIPTION: Adoption of an amendment to Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
RECOMMENDATION: Adopt Ordinance 2032 amending Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
5. Ratify Appointments to fill Commission Vacancies (City Clerk) BRIEF DESCRIPTION: The Airport Advisory Commission, Arts & Cultural Commission, and Youth Committee currently have vacancies. The City Cou ncil must ratify appointments to the commissions.
RECOMMENDATION: Ratify appointments to fill the vacancies for the Airport Advisory Commission District 3 seat, Arts & Cultural Commission District 1 and District 3 seat, and Youth Committee seat.
6. Resolution No. 2023-55 A resolution of the City Council of the City of Hollister authorizing an amendment to the existing agreement for hearing officer services between the City of Hollister and Jeffrey Miller (Police) BRIEF DESCRIPTION: This is an amendment to the existing agreement with
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Jeffrey Miller to provide hearing officer services to City of Hollister to extend the current agreement until June 30, 2023.
RECOMMENDATION: Adopt a resolution authorizing the Mayor of the City of Hollister to sign an amendment to the agreement between the City of Hollister and Jeffrey Miller.
7. Resolution No. 2023-56 A Resolution of the City Council of the City of Hollister Designating Surveillance Grid Integration Inc. as the Sole Source Vendor for the City of Hollister Public Safety Camera System (Police) BRIEF DESCRIPTION: This action will permit the staff to enter into a purchase and maintenance agreement with Surveillance Grid Integration Inc. as a sole source provider to expand the city security camera system and provide on-going maintenance as required. The City Council has previously approved Surveillance Grid Integration Inc. as sole source providers for specific previous expansions to the city security camera system.
RECOMMENDATION: Adopt a resolution designating Surveillance Grid Integration Inc. as the sole source vendor for any future expansion to the City of Hollister public safety camera system.
8. Resolution No. 2023-57 A Resolution of the City Council of the City of Hollister authorizing the Interim City Manager to enter into an agreement for professional services with Regional Government Services (RGS) for a term expiring June 30, 2024 and an amount not to exceed $75,000. (Administrative Services)
BRIEF DESCRIPTION: City Council to consider an agreement with Regional Government Services (RGS) to provide professional services to the City Manager’s Office and Administrative Services Department.
RECOMMENDATION: Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, between the City of Hollister and Regional Government Services (RGS) for professional services in an amount not to exceed $75,000 and with a term that expires on June 30, 2024.
9. Resolution No. 2023-58 A Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services (Recreation) BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services.
City Council Monday, April 17, 2023 Page 6 of 12
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services, and add $737.00 per month ($8,844.00 annually) to the contract for a total annual contract amount not to exceed $52,104.00.
10. Resolution No. 2023-59 a Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with Smith & Enright Landscaping to include additional landscaping maintenance services. (Recreation)
BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots.
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots, and add $785.00 per month ($9,420.00 annually) to the contract for a total annual contract amount not to exceed $336,213.00.
11. Resolution No. 2023-60 A resolution of the City Council of the City of Hollister to surplus certain identified vehicles and equipment, as listed in Exhibit [A], and authorize the City Manager to execute a Memo of Understanding with GovDeals, Inc. for the purpose of disposing said surplus through online auction. (Community Services)
BRIEF DESCRIPTION: This resolution will declare identified City owned vehicles and equipment, as listed in Exhibit A to the resolution, as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction. There are no upfront costs associated with this agreement.
RECOMMENDATION: Declare equipment and vehicles listed in Exhibit A as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction.
12. Resolution No. 2023-61 2023-61: National Night Out Street Closure (Police)
BRIEF DESCRIPTION: This resolution will authorize the closure of a portion of San Benito Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
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RECOMMENDATION: Adopt a resolution to temporarily close San Benito Street, from Sixth Street to South Street and from Seventh Street to East Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
13. Military Equipment in Use at the Hollister Police Department Report (Police)
BRIEF DESCRIPTION: This is an informational report indicating the current military equipment in possession of and in use at the Hollister Police Department.
This is a yearly report required per Assembly Bill No. 481. There are no changes from last year’s report.
RECOMMENDATION: Accept the report.
14. Resolution No. 2023-62 Resolution of the City Council of the City of Hollister renaming the Hollister Community Center to the "Pauline Valdivia Memorial Community Center" (Recreation)
BRIEF DESCRIPTION: A request was made to rename the Hollister Community Center the “Pauline Valdivia Memorial Community Center.”
RECOMMENDATION: Adopt a resolution renaming the Hollister Community Center to the "Pauline Valdivia Memorial Community Center.”
15. Resolution No. 2023-63 A resolution of the City Council of the City of Hollister approving the Initiation of Proceedings for the levy and collection of annual assessments for Landscape and Lighting District 93-1 and order the City Engineer to prepare and file the required report with the City Clerk (Engineering)
BRIEF DESCRIPTION: City Council to consider approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required report with the City Clerk.
RECOMMENDATION Adopt a resolution approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required Report.
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16. Resolution No. 2023-64 A Resolution of the City Council of the City of Hollister Authorizing the City Manager, or Designee, to Execute an Amendment to Task Order DS 2020-21 of the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount Of $23,900, for a Post-Construction Traffic Study Report of the Sally Street Traffic Calming Project (Engineering)
BRIEF DESCRIPTION: This Resolution will authorize the City Manager, or Designee, to execute an amendment to Task Order DS 2020 -21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900 for a post-construction traffic study report of the Sally Street Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or Designee, to execute an amendment to Task Order No. 2020-21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900.00 for a post-construction traffic study report of the Sally Street Traffic Calming Project.
C. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
None.
D. 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.
E. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
Receive report from City Manager.
2. Trainings and Conferences
Receive reports from staff on Training and Conferences.
F. PUBLIC HEARINGS
G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
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1. Resolution No. 2023-65 A Resolution of the City Council of the City of Hollister Approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to Operate a Cannabis Dispensary at 773 San Felipe Road (APN 051-100-032-000) (Cannabis)
BRIEF DESCRIPTION: The City Council will consider approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary.
RECOMMENDATION: Adopt a resolution approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary upon completion of their facility located at 773 Sane Felipe Road.
2. Resolution No. 2023-66 A Resolution of the City Council of the City of Hollister Authorizing the City Manager, or Designee, to Execute an Amendment to Task Order DS 2020-11 of the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $61,400.00, for Public Outreach and a Post-Construction Traffic Study Report of the Ladd Lane and Southside Road Traffic Calming Project (Engineering)
BRIEF DESCRIPTION: This resolution will authorize the City Manager, or designee, to execute an amendment to Task Order DS 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $61,400.00, for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to execute an amendment to Task Order No. 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $61,400.00 for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project.
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Council to receive a Flock Safety Presentation with options for potential Purchase of Services (Police)
BRIEF DESCRIPTION: This item will be a presentation about Flock and Raven System, which detects gunshots and License Plate Reading Cameras in a specific geographic area, and provide options for the possible implementation of the product and service.
RECOMMENDATION: Receive the report and provide direction on this matter.
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2. Presentation to the City Council of the City of Hollister Regarding the Impact Fees for the Twin Oaks Subdivision (Engineering) BRIEF DESCRIPTION: A presentation regarding the Twin Oaks Subdivision regarding Impact Fees for the Twin Oaks Subdivision will be provided, as requested by the City of Hollister City Council.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding Impact Fees for the Twin Oaks Subdivision.
3. Presentation Regarding Request for Waiver of Fees for 221 Hawkins Street (Development Services)
BRIEF DESCRIPTION: Request for fee waiver to be presented by Alan Brookshire, owner of the property at 221 Hawkins Street.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding request for fee waiver.
4. Placement of Items on Agenda by Council (City Clerk) BRIEF DESCRIPTION: The City Council has expressed interest in formalizing the process for members of Council to place an item on a future Council meeting agenda. Prior to drafting a policy, staff requests direction on possible policy options. Based on Council direction, staff will return with a policy outlining the process for adding items to the agenda, requesting information and updates from staff, etc.
RECOMMENDATION: Provide direction to staff on the Council’s preferences for a process for Councilmembers to place items on a future Council meeting agenda.
5. Attorney Administrative Hearing Officers (City Attorney) BRIEF DESCRIPTION: The City Council expressed interest in modifying the City’s Municipal Code to require Administrative Hearing Officers to be attorneys. This report will present background information and options for the City Council’s consideration.
RECOMMENDATION: Provide direction to staff.
6. General Plan Advisory Committee Update (Development Services) BRIEF DESCRIPTION: Staff will provide an update on the General Plan Advisory Committee (GPAC) in response to Council requests for information at the April 3, 2023 City Council meeting.
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RECOMMENDATION: Provide possible direction to staff regarding the composition of the General Plan Advisory Committee.
7. Discussion and Direction Regarding Increasing Councilmember/Mayor Compensation (City Attorney)
BRIEF DESCRIPTION: Recently the City Council requested information on the topic of increasing Council compensation. This report will present background information and options for the City Council’s consideration.
RECOMMENDATION: Provide direction to staff regarding the topic of City Council compensation.
8. 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.
9. 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.
I. UNFINISHED BUSINESS
1. Updated City Council Projects (City Clerk)
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.
J. NEW BUSINESS
None.
K. MISCELLANEOUS
None.
L. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
M. ADJOURNMENT
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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.
The next City Council Meetings are scheduled as follows:
Regular City Council Meeting -- Monday, May 1, 2023 at 6:30 PM Regular City Council Meeting -- Monday, May 15, 2023 at 6:30 PM Regular City Council Meeting -- Monday, June 5, 2023, at 6:30 PM Regular City Council Meeting -- Monday, June 19, 2023, at 6:30 PM