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 15, 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/
TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, subdivision (b), the following Council meeting will include teleconference participation by Councilmember Dolores Morales from 625 Park Ave., Arcata, CA 95521. This Notice and Agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54953.3.
The public hearing to consider introduction of “an Ordinance of the City of Hollister Approving Zoning Ordinance Amendment 2023-5 to Amend the City of Hollister Municipal Code to repeal Chapter 17.22.235 - Mobile Food and replace with a new Chapter 10.50. and amend Chapter 17 to address zoning districts where mobile food vending is permitted” has been continued to June 5, 2023.
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.
City Council Monday, May 15, 2023 Page 2 of 11
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 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)
City Council Monday, May 15, 2023 Page 3 of 11
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
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 1 potential case
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
PROCLAMATIONS/RECOGNITIONS
1. Presentation of Certificates of Appreciation- Aaliyah Gomez (City Clerk)
2. Presentation by United Way of San Benito County regarding their 211 Program (City Clerk)
A. COUNCIL BUSINESS
1. Consideration of Action Pertaining To The Alleged Conduct Of Councilmember Rolan Resendiz Toward Other Members of the Council in Alleged Violation of the Council Code of Ethics and Conduct (City Attorney) BRIEF DESCRIPTION: Pursuant to the Council Code of Ethics and Conduct, the Mayor is bringing forward an agenda item to take potential action against Councilmember Resendiz regarding alleged inappropriate conduct.
RECOMMENDATION: 1) Discuss options for possible action; and 2) 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
City Council Monday, May 15, 2023 Page 4 of 11
items unless requested by a member of the City Council, a staff member, or a member of the public.
Consent items are numbers B1 - B11.
1. The minutes of the Regular Meeting of City Council May 1, 2023
2. Claim Against the City - Filed by Mayda Cortes (City Clerk) BRIEF DESCRIPTION: Mayda Cortes filed a claim against the City on April 26, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
3. Resolution No. 2023-77 A resolution of the City Council of the City of Hollister Approving Temporary Closure of McCarthy Street, from Alvarado Street to South Chappell Road, for the City of Hollister Recreation Department Concert in the Parks series to be held on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023 and Saturday, September 16, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 10:00 p.m. on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023, for the City of Hollister Parks and Recreation Department Concert in the Parks series.
RECOMMENDATION: Adopt a resolution approving the temporary closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 10:00 p.m. on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023, for the City of Hollister Parks and Recreation Department Concert in the Parks series.
4. Resolution No. 2023-78 A resolution of the City Council of the City of Hollister approving the temporary closure of McCarthy Street, from Alvarado Street to South Chappell Road, for the City of Hollister Recreation Department Movie Under the Stars event to be held on Friday, July 14, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.
RECOMMENDATION: Adopt a resolution to temporarily close McCarthy
City Council Monday, May 15, 2023 Page 5 of 11
Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.
5. Resolution No. 2023-79 A resolution of the City Council of the City of Amending Resolution 2023-31 to authorize the temporary closure of a portion of Sixth Street between San Benito Street and East Street (City Clerk) BRIEF DESCRIPTION: On March 20, 2023 the City Council adopted Resolution 2023-31 authorizing a temporary street closure for a weekly farmers’ market. Due to the popularity of the weekly event, the Hollister Downtown Association requests an additional temporary street closure of a portion of Sixth Street between San Benito Street and East Street.
RECOMMENDATION: Adopt a resolution amending Resolution 2023-31 authorizing the temporary street closure of a portion of Sixth Street between San Benito Street and East Street from 1:00 p.m. to 9:00 p.m. each Wednesday from May 17, 2023 through October 11, 2023, for a weekly farmers’ market.
6. Resolution No. 2023-80 A resolution of the City Council of the City of Hollister approving the temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the temporary closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event on Sunday, June 25, 2023.
RECOMMENDATION: Adopt a resolution approving the temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event.
7. Resolution No. 2023-81 A resolution of the City Council of the City of Hollister opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act (City Attorney)
BRIEF DESCRIPTION: Information regarding the negative impacts of the Taxpayer Protection and Government Accountability Act. If passed, this act would impact the manner in which fee revenue and/or taxes are enacted and increased. Passage would also endanger any new increases after January 1, 2022.
RECOMMENDATION: Adopt a resolution opposing Initiative No. 21- 0042A1, the Taxpayer Protection and Government Accountability Act.
City Council Monday, May 15, 2023 Page 6 of 11
8. Resolution No. 2023-82 A Resolution of the City Council of the City of Hollister Approving a Letter of Support for the City of Hollister’s Safe Streets and Roads for All Grant Application; Authorizing the Mayor to Sign the Letter of Support; and Directing the City Manager to Submit the Application (Engineering)
BRIEF DESCRIPTION: As part of the FY 2023/2024, 10-Year Capital Improvement Program (CIP), staff intends to propose a Safe Routes to School, Parks, and the Community Center Study (Study). If the U.S.
Department of Transportation’s Safe Streets and Roads for All Grant is awarded to the City, it will fund all or a portion of the Study.
RECOMMENDATION: Adopt a resolution approving the letter of support for the City of Hollister’s application for the Safe Streets and Roads for All Grant and authorizing the Mayor to sign the letter of support; and directing the City Manager to submit the application.
9. Resolution No. 2023-83 a Resolution of the City Council of the City of Hollister Approving the Contractual Agreement for an Independence Day Firework Show with Pyro Spectaculars North, Inc to be held on July 1, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution would approve an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.
RECOMMENDATION: Adopt a resolution approving an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.
10. Resolution No. 2023-84 A resolution of the City Council of the City of Hollister awarding a contract for services to eScribe Software Ltd., for City Council, boards, commissions, and committee agenda and meeting automation management (City Clerk)
BRIEF DESCRIPTION: The City’s current agenda management software will no longer be supported after 2023. The City issued a Request for Proposals (RFP) on March 1, 2023, and received four qualified proposals.
After careful review and consideration, the City Clerk’s office recommends awarding the contract to eScribe Software Ltd.
RECOMMENDATION: Adopt resolution authorizing the City Manager to enter into a contract with eScribe Ltd. for automated agenda and meeting management software and video streaming system.
City Council Monday, May 15, 2023 Page 7 of 11
11. Resolution No. 2023-85 A Resolution of the City Council of the City of Hollister Accepting the Improvements in the Public Right-of-Way and Other Areas Designated for Public Use within the Cerro Verde Subdivision; and Accepting the Offers of Dedication Shown in the Final Map for, or Separately Recorded Against, the Property (Engineering) BRIEF DESCRIPTION: Consider accepting the improvements in the public right-of-way and other areas designated for public use within the Cerro Verde Subdivision; and accept the offers of dedication shown in the final map for, or separately recorded against, the property.
RECOMMENDATION: Accept the improvements constructed within Cerro Verde Subdivision and accept the offers of dedication shown in the final map for, or separately against, the property.
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
1. Ordinance No. 1233 An Ordinance of the City of Hollister Amending the Municipal Code to add Article X-Outside Sewer Connections to Chapter
13.04 Sewer Service System of the Municipal Code (Planning) DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to add Article X. - Outside Sewer Connections to Chapter 13.04 Sewer Service System of the Municipal Code to include
City Council Monday, May 15, 2023 Page 8 of 11
regulations for requests to connect properties located outside of the City to the City’s sanitary sewer service system.
RECOMMENDATION: Hold a public hearing and introduce an ordinance of the City of Hollister amending Chapter 13.04 Sewer Service System of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the June 5, 2023 City Council Meeting.
G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. Resolution No. 2023-86 A Resolution to approve the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street and authorize the Interim City Manager to execute all necessary documents to effectuate the purchase (City Manager) BRIEF DESCRIPTION: Consider adopting a resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street in Hollister.
RECOMMENDATION: Adopt a resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street (APN# 051-090-027) in Hollister for $1,625,000 and authorize the Interim City Manager to execute all necessary documents to effectuate the purchase.
2. Resolution No. 2023-87 A Resolution of the City Council of the City of Hollister authorizing the Hollister Fire Department to release a request for proposal (RFP) for consulting firms/consultants to develop a fire department master plan, standards of coverage (SOC), and strategic plan (Fire)
BRIEF DESCRIPTION: The City Council will consider a resolution authorizing staff to release a Request for Proposals (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and Strategic Plan.
RECOMMENDATION: Adopt a resolution authorizing staff to release a Request for Proposals (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and a Strategic Plan.
3. Resolution No. 2023-88 A Resolution of the City Council of the City of Hollister Approving the Draft Engineer’s Report for the Levy and Collection of Assessments for Landscape and Lighting District No. 93-1 For Fiscal Year 2023/2024 (Engineering)
BRIEF DESCRIPTION: Consider approving the Draft Engineer’s Report, as
City Council Monday, May 15, 2023 Page 9 of 11
filed, or may be modify the report in any particular and approve it as modified for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.
STAFF RECOMMENDATION: Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.
4. Resolution No. 2023-89 A Resolution of the City Council of the City of Hollister Adopting the Resolution of Intention of the City Council to Levy and Collect Assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and Setting the Public Hearing by the City Council for the Levy and Collection of Assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 for June 5, 2023 at 6:30 p.m. in City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203 (Engineering)
DESCRIPTION: Consider declaring the intention of the City Council to levy and collect assessments for Landscape & Lighting District 93-1 for Fiscal Year 2023/2024 and setting the time and place for a public hearing by the City Council on the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.
STAFF RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister 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 setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 for June 5, 2023 at 6:30 pm in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203.
5. Ordinance No. 1234 An Ordinance of the City of Hollister Amending Section
2.04.320 of Chapter 2.04 of the City of Hollister Municipal Code Relating to City Council Salary (City Attorney)
DESCRIPTION: Amending Section 2.04.320 of the Municipal Code will increase Council Salary from $400.00 to $820.00 per month effective the date of the November 2024 City Council election.
RECOMMENDATION: Introduce an ordinance of the City of Hollister amending Section 2.04.320 of Chapter 2.04 of the City of Hollister Municipal Code to increase City Council salary.
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
City Council Monday, May 15, 2023 Page 10 of 11
1. 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.
2. 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 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.
J. NEW BUSINESS
None.
K. MISCELLANEOUS
None.
L. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
M. 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.)
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.
City Council Monday, May 15, 2023 Page 11 of 11
The next City Council Meetings are scheduled as follows:
Regular City Council Meeting -- Monday, June 5, 2023, at 6:30 PM Special City Council Meeting – Monday, June 12, 2023, at 5:00 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 Regular City Council Meeting -- Monday, August 7, 2023 at 6:30 PM