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
May 1, 2023
Special Meeting 5:30 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 ad dress 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):
http://cmaptv.com/watch/
City Council Monday, May 1, 2023 Page 2 of 11
City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured
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 - 5:30 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 LEGAL COUNSEL – ANTICIPATED LITIGATION per Government Code Section 54956.9
Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 1 case
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS per Government Code section 54956.8
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Under Negotiation: Price and Terms
Property: 190 Maple Street, Hollister, CA 95023
Agency negotiator: Interim City Manager David Mirrione
Negotiating parties: Renee Kunz
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
PROCLAMATIONS/RECOGNITIONS
1. Presentation of Certificate of Appreciation - Sarah Nordwick (City Clerk)
2. Proclamation Honoring the 35th Anniversary of Bill’s Bullpen (City Clerk)
3. Proclamation Declaring May as Poppy Month and May 27, 2023 as Poppy Day (City Clerk)
A. CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. Th ere 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 A15.
1. The minutes of the Regular Meeting of City Council April 17, 2023
2. WARRANT REGISTER - MAY 1, 2023 - AP (Finance)
BRIEF DESCRIPTION: Audit attached warrant register(s)
RECOMMENDATION: The City Council will ratify and approve the following Warrant Registers for the General-Special-Enterprise-Assessments funds dated:
2023-03-20, in the amount of $ 494,045.16
2023-03-23, in the amount of $ 99,180.56
2023-03-24, in the amount of $ 3,435,794.08
2023-03-28, in the amount of $ 380,662.14
2023-03-29, in the amount of $ 655,364.86
2023-03-29, in the amount of $ 354,550.76
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2023-03-31, in the amount of $ 608,294.25
3. Claim Against the City - Filed by Dana & Larry Lopez (City Clerk) BRIEF DESCRIPTION: Dana & Larry Lopez filed a claim against the City on April 12, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
4. Resolution No. 2023-67 a Resolution of the City Council of the City of Hollister Approving the Temporary Street Closure of Various Streets for the Annual Portuguese Heritage Festival Parade, May 28,2023 (City Clerk) BRIEF DESCRIPTION: This resolution authorizes the temporary closure of various streets for the Annual Portuguese Heritage Festival Parade on May 28, 2023.
RECOMMENDATION: Adopt a resolution approving the temporary closure of various streets for the Annual Portuguese Heritage Festival Parade on May 28, 2023.
5. Resolution No. 2023-68 Resolution of the City Council of the City of Hollister approving temporary street closures of various streets for the City of Hollister Recreation Department, in partnership with the San Benito County Safe Kids Coalition's Annual Kids at the Park Event on June 14, 2023 from 7:30 a.m. to 2:30 p.m. (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the temporary closures of 7th Street between West and Powell Street and West Street between 6th and 7th Street for the Annual Kids at the Park event to be held on Wednesday, June 14, 2023.
RECOMMENDATION: Adopt a resolution approving the temporary street closures of 7th Street between West and Powell Street and West Street between 6th and 7th Street for the Annual Kids at the Park event to be held on Wednesday, June 14, 2023, for the Annual Kids at the Park event.
6. Ratify Appointment to Parks & Recreation Commission (City Clerk) BRIEF DESCRIPTION: The Parks & Recreation Commission currently has a vacancy for District 4. Staff requests the City Council ratify the appointment of Julio Rodriguez to fill the commission vacancy.
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RECOMMENDATION: Ratify the appointment of Julio Rodriguez to fill the vacancy for the Parks & Recreation Commission District 4 seat.
7. Resolution No. 2023-69 A Resolution of the City Council of the City of Hollister authorizing the display of the Deferred Action for Childhood Arrivals (DACA) flag May 4 - May 7, 2023 at City Hall (City Clerk) BRIEF DESCRIPTION: At the March 6, 2023 Council meeting, students requested to display the Deferred Action for Childhood Arrivals (DACA) flag at City Hall for a future date. By consensus, a majority of the City Council approved the request and directed staff to return once the dates had been set.
RECOMMENDATION: Adopt a resolution authorizing the display of the Deferred Action for Childhood Arrivals (DACA) flag May 4, 2023 through May 7, 2023, at City Hall.
8. Letter of Support - Senate Bill 524 (Caballero): Test and Treat (City Clerk) BRIEF DESCRIPTION: Senator Caballero’s office recently contacted City staff to request letters of support for three bills to improve healthcare accessibility in rural California and reduce financial strains on hospitals.
RECOMMENDATION: Approve a letter of support for SB 524 (Caballero):
Test and Treat to be sent to the Senate Committee on Business, Professions, and Economic Development.
9. Letter of Support - Senate Bill 621 (Caballero): Health care coverage:
biosimilar drugs (City Clerk)
BRIEF DESCRIPTION: Senator Caballero’s office recently contacted City staff to request letters of support for three bills to improve healthcare accessibility in rural California and reduce financial strains on hospitals.
RECOMMENDATION: Approve a letter of support for SB 621 (Caballero):
Health care coverage: biosimilar drugs to be sent to the Senate Committee on Health.
10. Letter of Support - Senate Bill 870 (Caballero): Hospital Closure Prevention Act (City Clerk)
BRIEF DESCRIPTION: Senator Caballero’s office recently contacted City staff to request letters of support for three bills to improve healthcare accessibility in rural California and reduce financial strains on hospitals.
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RECOMMENDATION: Approve a letter of support for SB 870 (Caballero):
Hospital Closure Prevention Act to be sent to the Senate Committee on Health.
11. Resolution No. 2023-70 A Resolution of the City Council of the City of Hollister Approving the Contribution for Two Years in an Amount Not to Exceed $5,000 per Fiscal Year to United Way of San Benito County 2-1-1 (City Clerk)
BRIEF DESCRIPTION: The City Council will consider a resolution to approve $10,000 in funding, over a period of two years, for United Way 2-1- 1 of San Benito County.
RECOMMENDATION: Adopt a resolution approving $10,000 in funding, $5,000 in Fiscal Year 2022-23 and $5,000 in Fiscal Year 2023-24, for United Way 2-1-1 of San Benito County.
12. Resolution No. 2023-71 A resolution of the City Council of the City of Hollister rejecting the bid received on April 10, 2023 for CIP C1816 West Gateway Improvement Project (Engineering) (Engineering) BRIEF DESCRIPTION: This resolution will reject the bid received on April 10, 2023 for CIP C1816 West Gateway Improvement Project.
RECOMMENDATION: Adopt a resolution rejecting the bid received on April 10, 2023 for the CIP C1816 West Gateway Improvement Project.
13. Resolution No. 2023-72 A resolution of the City Council of the City of Hollister Adopting the Uniform Public Construction Cost Accounting Act (City Attorney)
BRIEF DESCRIPTION: Adoption of the Uniform Public Construction Cost Accounting Act will simplify and expedite public project contracting.
RECOMMENDATION: Adopt a resolution adopting the Uniform Public Construction Cost Accounting Act.
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
None.
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
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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.
D. 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.
E. PUBLIC HEARINGS
1. Ordinance No. 2033 An ordinance of the City of Hollister Approving Zoning Ordinance Amendment 2023-4 to Adopt Chapter 17.36 Inclusionary Housing Program (Planning)
BRIEF DESCRIPTION: An Ordinance to Adopt a new Chapter 17.36, Inclusionary Housing Program, into the Zoning Ordinance, which would require new residential development to provide 20% affordable housing units on-site.
RECOMMENDATION: Staff recommends that the City Council introduce an Ordinance to adopt Chapter 17.36 Inclusionary Housing Program, hold a public hearing, and schedule a second reading of the Ordinance for the May 15, 2023 City Council meeting.
2. Resolution No. 2023-75 A resolution of the City Council of the City of Hollister Declaring the Condition of Certain Properties to Constitute a Public Nuisance and Ordering the Abatement of Weeds Thereon, and Conducting a Hearing for the Receipt of Objection to the Proposed Abatement (Fire)
BRIEF DESCRIPTION: This public hearing is to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties; (Exhibit “A”) and written notice of the proposed abatement and hearing date was mailed to all affected property owners in the manner and form required by law.
RECOMMENDATION: Adopt a resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds
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thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. Resolution No. 2023-74 A resolution of the City Council of the City of Hollister declaring the intention to levy and collect assessments within the Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and giving notice of and setting the time and place for a public hearing by the City Council on the levy of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972 (Engineering)
BRIEF DESCRIPTION: Consideration of declaring the intention of the City Council to levy and collect the annual assessment for Landscape & Lighting District 93-1; setting the time and place of, and giving notice for a public hearing by the City Council on the levy of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972.
STAFF RECOMMENDATION: Adopt a resolution declaring the intention of the City Council to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and giving notice of and setting the time and place for a public hearing by the City Council on the levy of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972.
2. Ordinance No. 2034 An ordinance of the City of Hollister Adding Chapter 7 to Title 3 of the Hollister Municipal Code to provide contracting procedures under the Uniform Public Construction Cost Accounting Act. (City Attorney) BRIEF DESCRIPTION: Introduction of an ordinance to codify the public project contracting procedures required under the Uniform Public Construction Cost Accounting Act.
RECOMMENDATION: Introduce an ordinance adding Chapter 7 to Title 3 of the Hollister Municipal Code to provide contracting procedures under the Uniform Public Construction Cost Accounting Act.
3. Resolution No. 2023-76 a Resolution of the City Council of the City of Hollister to Adopt a Policy Regarding Council Requests for Future Agenda Items and Information (City Clerk)
BRIEF DESCRIPTION: At the January 17, 2023 City Council meeting, the City Council directed staff to draft a policy outlining the process for the Councilmembers to add items to a future Council meeting agenda and to
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request information from staff. At the April 17, 2023 City Council meeting, the Council directed staff to return with a policy and provided direction to be included in the policy.
RECOMMENDATION: Discuss and adopt a resolution approving the City Council policy entitled: “Council Requests for Future Agenda Items and Information”.
4. Resolution No. 2023-73 A resolution of the City Council of the City of Hollister approving an agreement to nominate the City’s 2022 City Wide Slurry Seal Project to the California Transportation Commission for receipt of Local Partnership Program Formulaic (LPP-F) funds totaling $600,000 and approve an agreement exchanging $600,000 of the City’s Surface Transportation Block Grant (STBG) funds for $600,000 LPP-F funds, and sub-allocate the STBG funds to the local jurisdictions using the COG’s adopted formula. (City Manager)
BRIEF DESCRIPTION: The Council of San Benito County Governments (COG) is eligible to receive funds through the Local Partnership Program - Formulaic (LPP-F) program as taxing authority for Measure G, which was approved by San Benito voters in 2018, with revenues dedicated solely to transportation. COG staff coordinated with the City of San Juan Bautista, City of Hollister, and County of San Benito to identify an eligible project to receive LPP-F funds.
RECOMMENDATION:
1. Approve agreement with the Council of San Benito Governments to receive Local Partnership Program Formulaic (LPP-F) Funds totaling $600,000; and
2. Approve agreement with the Council of San Benito Governments to exchange Surface Transportation Block Grant (STBG) Funds for LPP-F Funds, and sub-allocate STBG Funds to local jurisdictions; and
3. Authorize City Manager to execute the LPP-F and STBG agreements with the Council of San Benito Governments.
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Presentation regarding impact fees for the Twin Oaks Subdivision (Engineering)
BRIEF DESCRIPTION: A presentation regarding Impact Fees for the Twin Oaks Subdivision will be provided as requested by the City of Hollister City Council.
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RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding Impact Fees for the Twin Oaks Subdivision.
2. 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.
3. 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.
H. UNFINISHED BUSINESS
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.
I. NEW BUSINESS
None.
J. MISCELLANEOUS
None.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
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) 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.)
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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 15, 2023, at 6:30 PM Regular City Council Meeting -- Monday, June 5, 2025, at 6:30 PM Regular City Council Meeting --Tuesday*, June 20, 2023, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 19th)
Legislative Recess -- No regular City Council Meetings in July