CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Special and Regular Meeting
May 1, 2023
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
Mayor Casey called the special meeting of the City Council of the City of Hollister to order at 5:30 p.m.
CLOSED SESSION - 5:30 P.M.
Public Comment (limited to any item listed on the Closed Session agenda) Mayor Casey opened public comment at 5:30 p.m.
There were no speakers for the closed session items.
Mayor Casey closed public comment at 5:30 p.m.
City Attorney Lerner read the closed session item titles.
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
Under Negotiation: Price and Terms
Property: 190 Maple Street, Hollister, CA 95023
Agency negotiator: Interim City Manager David Mirrione
Negotiating parties: Renee Kunz
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to adjourn into closed session. Motion carried 4-0-0 (Councilmember Perez absent).
The special meeting adjourned at 6:44 p.m.
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 Mia Casey on May, 1, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name , Title
Mia Casey Mayor
Rick Perez District 1
Status Arrived
Present
Absent
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
I Present
David Mirrione
Gordon Machado
Acting City Manager Present
I City Treasurer Absent
VERIFICATION OF AGENDA POSTING
City Clerk Woodworth reported the agenda for the City Council of the City of Hollister special and regular meeting of May 1, 2023 was posted on the bulletin board at City Hall on April 27, 2023 at 3:55 p.m. per Government Code Section 54954.2.
CLOSED SESSION - REPORT OUT
City Attorney Lerner stated no reportable action was taken in closed session.
PROCLAMATIONS/RECOGNITIONS
1. Presentation of Certificate of Appreciation - Sarah Nordwick Vice Mayor Morales presented the certificate of appreciation to Sarah Nordwick.
2. Proclamation Honoring the 35th Anniversary of Bill's Bullpen Mayor Casey read and presented the proclamation to Bill Mifsud, Jr. to honor the 35th anniversary of Bill's Bullpen.
3. Proclamation Declaring May as Poppy Month and May 27, 2023 as Poppy Day
Mayor Casey read and presented the proclamation to Esther LaPore and Lisa Casarez with the American Legion Auxiliary declaring May as Poppy Month and May 27, 2023 as Poppy Day.
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.
City Council Monday, May 1, 2023 Page 2 of 13
Mayor Casey announced Item A13 was being moved to the Introduction and Adoption of Resolutions and Ordinances section of the agenda.
Councilmember Burns pulled Item A6 from the consent agenda.
Councilmember Resendiz pulled Item Al and Al2 from the consent agenda.
Mayor Casey opened public comment at 7:02 p.m.
Diane Blakeway commented on the street closure for the SIDES Portuguese parade stating the street closure kept members of her congregation from being able to easily access the parking lot and thanked City staff for taking the road blocks down more quickly this year.
Mayor Casey closed public comment at 7:04 p.m.
Councilmember Resendiz requested staff be available during the street closure to let people through if needed.
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for items A6, Al 1, Al2, and A13. Motion carried 4-0- 0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Dolores Morales
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
Consent items are numbers: Al through A13.
1. City Council -Regular Meeting -Apr 17, 2023 6:30 PM
2. WARRANT REGISTER - MAY 1, 2023 - AP
3. Claim Against the City - Filed by Dana & Larry Lopez
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
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.
6. Item A6 was moved to Items Pulled from the Consent Agenda City Council Monday, May 1, 2023 Page 3 of 13
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
8. Letter of Support - Senate Bill 524 (Caballero): Test and Treat
9. Letter of Support - Senate Bill 621 (Caballero): Health care coverage:
biosimilar drugs
10. Letter of Support - Senate Bill 870 (Caballero): Hospital Closure Prevention Act
11. Item Al was moved to Items Pulled from the Consent Agenda
12. Item Al was moved to Items Pulled from the Consent Agenda
13.Item Al was moved to Introduction and Adoption of Resolutions and Ordinances
ITEMS PULLED FROM CONSENT AGENDA
14. Ratify Appointment to Parks & Recreation Commission (Item A6) Councilmember Burns thanked Julio Rodriguez for his willingness to serve on the Parks & Recreation Commission.
Mayor Casey opened public comment at 7:08 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:08 p.m.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to appoint Julio Rodriguez to serve on the Parks & Recreation Commission. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Rolan Resendiz
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
15. 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 (Item A11)
Councilmember Resendiz requested representatives from United Way provide a presentation regarding the 2-1-1 Program.
City Council Monday, May 1, 2023 Page 4 of 13
Mayor Casey opened public comment at 7:10 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:10 p.m.
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to adopt 2023-70. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Dolores Morales
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
16. 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 (Item Al2)
City Engineer Glen March provided the staff report.
Councilmember Resendiz requested staff bring this back for Council consideration within the next three months.
Mayor Casey opened public comment at 7:13 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:13 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-71. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
City Council Monday, May 1, 2023 Page 5 of 13
C. PUBLIC INPUT
Robb Rodriguez requested a reduced or waived fee for the City's pre -application fee for the proposed Growing Hearts garden center. Mr. Rodriguez provided additional information regarding the Growing Hearts program and proposed garden center.
Peggy Churchill, a founder of Growing Hearts, spoke regarding the role of the Growing Hearts program to provide job opportunities for young adults with special needs.
Kaili Markle shared her experiences and job skills learned while working at Growing Hearts.
Marissa Casarez thanked those who work at Growing Hearts for their contributions to the community
Cooper Aiello thanked Growing Hearts and the staff there for their work there.
Chris Evans, co-founder of Growing Hearts, requested the City Council waive the pre - application meeting fee.
Christopher Avila thanked the City Council for the opportunity's to speak on behalf of Growing Hearts.
Adam Bell commented on how Growing Hearts has helped him and spoke regarding the proposed location of the Growing Hearts garden center.
Arthur Hernandez spoke in support of the City's first responders who kept the City going during the COVID-19 pandemic and continue to work to support the City and its programs. Mr. Hernandez requested the City Council remember its employees and their service during labor negotiations.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
No reports.
2. Trainings and Conferences
The Police, City Clerk, Information Technology, City Attorney, Fire, Development Services, Community Services, Engineering, and City Manager Departments reported on training completed by their staff and members of the Hollister commissions in recent weeks and months.
E. PUBLIC HEARINGS
1. Ordinance No. 2033 1233 : ZOA 2023-4 Inclusionary Housing Ordinance Interim Planning Manager Eva Kelly introduced Greg Goodfellow and David Early with Placeworks, who provided the staff report. Mr. Goodfellow described the development of the proposed inclusionary housing ordinance and feasibility analysis.
City Council Monday, May 1, 2023 Page 6 of 13
Councilmember Morales inquired regarding the potential height of housing developments available as a density bonus.
Interim Planning Manager Kelly provided information regarding potential development impact fees that are required of new developments, which address support for police and fire services.
Fire Chief Bob Martin del Campo provided additional information regarding the Fire Department's current ability to access upper stories of buildings.
Councilmember Morales and Mayor Casey requested additional information regarding a public outreach meeting.
David Early reported the City Council held a study session as part of the public outreach process and received public comment at that meeting in January 2022.
Mayor Casey opened the public hearing at 8:11 p.m.
G.W. Devon Pack spoke regarding the builder's remedy allowed by the Affordable Housing Act and potential implications if a builder is successful in a lawsuit to nullify a city's housing element. Mr. Pack commented on inclusionary housing ordinances in nearby communities.
Dennis Martin spoke on behalf of Building Industrial Association of the Bay Area regarding a letter sent by that organization requesting the City of Hollister reach out to builders and other stakeholders. Mr. Martin spoke against adoption of the inclusionary housing ordinance and supported continuing the item until after additional stakeholder outreach can be completed.
Mayor Casey closed the public hearing at 8:17 p.m.
Councilmember Burns moved to continue the item until after development community members are able to speak to the item. Councilmember Burns supported inclusion of 4% of housing to be workforce housing, similar to that in Salinas.
Mayor Casey moved to amend the motion to continue the item and requested an additional community outreach meeting and study session.
Councilmember Morales seconded the amended motion.
Councilmember Resendiz supported adoption of the inclusionary housing ordinance.
The City Council recessed at 8:21 p.m. and reconvened at 8:26 p.m. with all Councilmembers present.
Mayor Casey supported continuing the item until additional stakeholder and community outreach is complete and supported setting the rate at a more reasonable level.
Interim City Manager Mirrione requested additional direction regarding a community meeting.
City Council Monday, May 1, 2023 Page 7 of 13
Mayor Casey suggested holding a community meeting at a location other than at City Hall and to also provide virtual participation options.
Councilmember Burns suggested having the community meeting and City Council study session on a Saturday.
Amended motion carried 3-1-0 (Councilmember Resendiz opposed; Councilmember Perez absent)
RESULT:
Tabled to No Date Certain [3 to 1]
MOTION:
Mia Casey
SECOND:
Dolores Morales
AYES:
Casey, Morales, Burns
NOES:
Resendiz
RECUSED:
ABSTAIN:
ABSENT:
Perez
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 Inspector Sabrina Bracken provided the staff report.
Mayor Casey opened the public hearing at 8:35 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 8:35 p.m.
Councilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt Resolution No. 2023-75. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Tim Burns
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES City Council Monday, May 1, 2023 Page 8 of 13
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
Associate Engineer Cristian Builes provided the staff report and reviewed the process regarding the assessment for Landscape and Lighting District 93-1.
Mayor Casey opened public comment at 8:38 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:38 p.m.
Councilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt Resolution No. 2023-74. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Tim Burns
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
2. Resolution No. 2023-72 A resolution of the City Council of the City of Hollister Adopting the Uniform Public Construction Cost Accounting Act (Item A13)
Item Al was heard after Item F1.
Assistant City Attorney Jennifer Thompson and described the Uniform Public Construction Cost Accounting Act and its potential implementation if approved by the City Council.
Councilmember Morales requested expansion to contact both target populations when notifying regarding upcoming procurement opportunities and require a trained and skilled workforce.
Mayor Casey opened public comment at 8:46 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:46 p.m.
Councilmember Morales moved, and Councilmember Resendiz seconded the motion to adopt Resolution No. 2023-72 with the expanded requirement to contact trade City Council Monday, May 1, 2023 Page 9 of 13
journals and contact individual contractors and require a trained and skilled workforce.
Assistant City Attorney Thompson reported state law requires a bid be awarded to the lowest responsive and responsible bidder, so additional requirements related to a trained and skilled workforce may not be allowed. Assistant City Attorney Thompson suggested including a definition of responsible bidder when drafting the City's procurement policy and stated she can research the topic more before the Council makes a determination regarding the Uniform Public Construction Cost Accounting Act.
Councilmember Resendiz withdrew his second.
Councilmember Morales withdrew her motion.
By consensus, the City Council directed staff to return with this item at a future date.
RESULT: Withdrawn
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
3. Ordinance No. 2034 1234: Ordinance - Uniform Public Construction Cost Accounting Act
RESULT: Withdrawn
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
4. 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 Jennifer Woodworth provided the staff report.
Mayor Casey opened public comment at 8:54 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:54 p.m.
City Council Monday, May 1, 2023 Page 10 of 13
Councilmember Resendiz moved, and Councilmember Burns seconded the deny to Resolution No. 2023-76. Motion failed 2-2-0 (Mayor Casey and Councilmember Morales opposed; Councilmember Perez absent).
RESULT:
Motion Fails [2 to 2]
MOTION:
Rolan Resendiz
SECOND:
Tim Burns
AYES:
Resendiz, Burns
NOES:
Casey, Morales
RECUSED:
ABSTAIN:
ABSENT:
Perez
5. 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 SBGT funds to the local jurisdictions using the COG's adopted formula.
Interim City Manager Mirrione provided the staff report.
Mayor Casey opened public comment at 9:08 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:08 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution No. 2023-73. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Perez
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Presentation regarding impact fees for the Twin Oaks Subdivision Marty Miller the developer for the Twin Oaks subdivision provided a presentation and requested the City Council direct City staff designate homes in the Twin Oaks development as multifamily (1 bedroom or less).
City Council Monday, May 1, 2023 Page 11 of 13
Associate Engineer Builes reviewed the amount of fees the developer has previously received credit for and provided additional information regarding how impact fees are structured based on density.
The City Council declined to take action on the item.
2. Reports from City Council Members regarding Committees on which they serve
Councilmember Resendiz reported he met with City staff and youth at the Ezperanza Center to discuss the raising of the Progress Pride flag on June 25, 2023.
Mayor Casey reported she attended a meeting of the animal control ad hoc committee to discuss the animal shelter and had representatives from various nearby animal shelters attend to discuss best practices.
3. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns requested staff review illegal signage posted around the city, including yard sale signs, and asked staff to enforce the codes. Councilmember Burns requested additional information regarding the pre -application fee and its potential waiver as requested by the Growing Hearts organization. Councilmember Burns offered to waive the fee using his discretionary funds either this current fiscal year or next.
Councilmember Resendiz reported a local business owner contacted him and requested refund of a conditional use permit fee for a conditional use permit that was not processed. Councilmember Resendiz stated the Mayor told him that "he would be censured if he made mention of developer support for her and other Councilmembers". Councilmember Resendiz stated the Mayor told him she "would be happy to censure him and bring up the code of Conduct." Councilmember Morales thanked the community and supported the City Council doing the work of the City.
Mayor Casey stated she does not feel it is appropriate for members of Council to make accusations against other members at the dais and requested a future Council agenda item at the next Council meeting on the topic.
Interim City Manager Mirrione requested and received Council consensus to move forward with the following agenda items: additional information regarding the pre - application fee and a potential waiver as requested by the Growing Hearts organization; response to a request to refund of a conditional use permit fee for a conditional use permit that was not processed; and an agenda item regarding accusations made by Councilmember Resendiz.
H. UNFINISHED BUSINESS
1. Updated City Council Projects
I. NEW BUSINESS
City Council Monday, May 1, 2023 Page 12 of 13
J. MISCELLANEOUS
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
L. ADJOURNMENT
Councilmember Morales moved, and Councilmember Burns seconded the motion to adjourn the meeting at 10:03 p.m. Motion carried 4-0-0 (Councilmember Perez absent).
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Monday, May 1, 2023 Page 13 of 13