CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Special and Regular Meeting
May 15, 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 5.00 p.m.
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:
City Attorney Lerner read the closed session item titles.
Councilmember Morales moved, and Councilmember Perez seconded the motion to adjourn into closed session. Motion carried 5-0-0 by roll call vote.
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
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
The special meeting adjourned at 6:33 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Perez led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on May, 15, 2023 at 6.30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name
Mia Casey
Rick Perez
Title
Mayor
Status Arrived
Present
Present
District 1
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
Present
David Mirrione
Acting City Manager
City Treasurer
Present
Absent
Gordon Machado
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 15, 2023 was posted on the bulletin board at City Hall on May 12, 2023 at 12:02 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 Certificates of Appreciation- Aaliyah Gomez Vice -Mayor Morales presented the certificate of appreciation to Aaliyah Gomez.
2. Presentation by United Way of San Benito County regarding their 211 Program
Vicki Fortino with United Way of San Benito County provided a presentation regarding their 211 program and the services they provide, and Ms. Fortino thanked the City Council for their support.
A. COUNCIL BUSINESS
City Council Monday, May 15, 2023 Page 2 of 13
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 Mayor Casey provided a report outlining alleged violations of the Council Code of Conduct by Councilmember Resendiz.
Councilmember Resendiz requested and received clarification regarding the placement of the item on the agenda.
Councilmember Resendiz recounted his interactions with other members of the City Council.
Mayor Casey opened public comment at 7:01 p.m.
Andy Hsia-Coron shared his experience serving on other legislative bodies and spoke in support of the right to state your opinion and point of view and comment on the point of view of others.
Julio Rodriguez thanked Councilmember Resendiz for advocating for his constituents who are disproportionately affected by gentrification. Mr.
Rodriguez stated Mayor Casey and Councilmember Morales should recuse themselves regarding discussion of the inclusionary housing ordinance.
Maureen Nelson stated each member of the Council is entitled to their opinions and should be able to share those opinions. Ms. Nelson spoke against censure of Councilmember Resendiz and against campaign donations by developers.
Samuel Ramos supported a 20% inclusionary housing ordinance requirement.
Carly Robles disagreed with censuring Councilmember Resendiz and supported a 20% inclusionary housing ordinance requirement. Ms. Robles spoke against developer support of some of the Councilmembers.
Elia Munoz -Cowan supported Councilmember Resendiz's right to free speech. Ms. Munoz -Cowan disagreed with censuring Councilmember Resendiz.
Bella Rosales thanked Councilmember Resendiz for what he does to support the community.
Fallon Greig spoke regarding the rural community in Hollister and supported affordable housing for its residents.
Heladia Nardi supported Councilmember Resendiz and a 20% inclusionary housing ordinance requirement.
City Council Monday, May 15, 2023 Page 3 of 13
Mary Hsia-Coron supported a 20% inclusionary housing ordinance requirement and free speech for Councilmembers.
Victoria Montoya supported being able to speak candidly.
Priscilla DeAnda supported Councilmember Resendiz and disagreed with censuring him. Ms. DeAnda supported a 20% inclusionary housing ordinance requirement and in support of affordable housing.
Karson Klauer supported the Councilmembers being polite to each other and spoke against attempts to politicize the City Attorney's Office.
Linda Lampe asked them to work to help the residents rather than fighting with each other. Ms. Lampe
Matthew Rojas supported City Council adoption of a formal process regarding administration of the Council Code of Conduct.
Roxanne Stephens supported equal application of the standards of the Council Code of Conduct.
Celeste Bocanegra spoke against censure of Councilmember Resendiz and stated Councilmember Resendiz should better advocate for his constituents and their needs.
Jackie Morris -Lopez supported Councilmember Resendiz and stated the members of Council should all be held to the same standard.
Mayor Casey closed public comment at 7.33 p.m.
Councilmember Morales spoke regarding campaign donations she received and her work to support unions and other working people.
Councilmember Burns referred to the Council Code of Conduct and stated the actions of Councilmember Resendiz could be interpreted as being in compliance and/or out of compliance with the Code of Conduct.
Councilmember Burns opposed removing Councilmember Resendiz from any Committee assignments and opposed censuring Councilmember Resendiz.
Councilmembers Burns supported amending Hollister Municipal Code 2.04 and requested the City Attorney research whether Hollister Municipal Code
1.16.040 also applies to administration of the Council Code of Conduct, including potential fines and penalties. Councilmember Burns supported a formal reprimand of Councilmember Resendiz similar to that which has been issued before by the Council.
Councilmember Perez supported the members of City Council getting along and moving forward.
City Council Monday, May 15, 2023 Page 4 of 13
Councilmember Resendiz spoke in support of being allowed to speak out against developers in relation to agenda items being considered by the City Council.
Mayor Casey spoke regarding the Mayor's role in maintaining order during City Council meetings. Mayor Casey reported she had returned campaign donations she received from developers in December and stated her support for economic development in the community.
Councilmember Perez moved, and Councilmember Morales seconded the motion to issue a written reprimand to Councilmember Resendiz for violation of the Council Code of Conduct. Motion carried 3-1-1 (Councilmember Burns opposed, Councilmember Resendiz abstained).
The Council recessed at 8:03 p.m. and reconvened at 8:14 p.m. with all Councilmembers present.
RESULT:
Adopted [3 to 1]
MOTION:
Rick Perez
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales
NOES:
Burns
RECUSED:
ABSTAIN:
Resendiz
ABSENT:
B. 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 B9 from the consent agenda.
Mayor Casey opened public comment at 8:15 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 8:15 p.m.
Councilmember Morales moved, and Councilmember Perez seconded the motion to approve the consent agenda items, except for Agenda Item B9. Motion carried 5-0-0.
City Council Monday, May 15, 2023 Page 5 of 13
RESULT:
Adopted [Unanimous]
MOTION:
Dolores Morales
SECOND:
Rick Perez
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent items are numbers B1 - B11.
1. City Council - Regular Meeting - May 1, 2023 6:30 PM
2. Claim Against the City - Filed by Mayda Cortes
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
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
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
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.
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
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
9. Item B9 was moved to Items Pulled from the Consent Agenda City Council Monday, May 15, 2023 Page 6 of 13
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
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
ITEMS PULLED FROM CONSENT AGENDA
12. Resolution No. 2023-83 A Resolution of the City Council of the City of Hollister Approving the Contractual Agreement for a Independence Day Firework Show with Pyro Spectaculars North, Inc to be held on July 1, 2023 (Item 139)
Parks and Recreation Manager Tina Garza provided information regarding the July 1, 2023 event.
Councilmember Burns expressed concern regarding the potential costs for the fireworks and requested staff provided an update on the costs for the event after its conclusion.
Councilmember Perez expressed concern regarding pedestrians on Brigantino Bridge.
Police Chief Carlos Reynoso reported additional officers will be on scene to assist and ensure pedestrian safety.
Mayor Casey opened public comment at 8:15 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:15 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-83. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Dolores Morales
SECOND:
Rick Perez
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
City Council Monday, May 15, 2023 Page 7 of 13
C. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
D. PUBLIC INPUT
Shawn Tennenbaum, Superintendent for Hollister High School District, supported being able to work with the City and its staff to achieve their mutual goals.
Julio Rodriguez spoke regarding the Committee for Better Government's support for Sal Nora and its members. Mr. Rodriguez spoke against developer support of elected officials.
Karson Klauer supported separating the discussion of out of jurisdiction sewer service from discussion of development in the area in order to help protect the environment.
E. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
No items.
2. Trainings and Conferences
No items.
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
City Attorney Lerner stated the item is being withdrawn by staff.
RESULT: Withdrawn
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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 Interim City Manager Dave Mirrione provided the staff report and the proposed price and terms for purchase of the building at 190 Maple Street.
City Council Monday, May 15, 2023 Page 8 of 13
Councilmember Resendiz requested and received additional information regarding potential costs for purchase and remodeling of the building at 190 Maple Street.
Mayor Casey opened public comment at 8:37 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:37 p.m.
Councilmember Resendiz opposed purchase of 190 Maple Street and stated the money could be better used to address other concerns in the City.
Councilmember Morales moved, and Councilmember Perez seconded the motion to adopt 2023-86. Motion carried 4-1-0 (Councilmember Resendiz opposed).
RESULT:
Adopted [4 to 1]
MOTION:
Dolores Morales
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
Resendiz
RECUSED:
ABSTAIN:
ABSENT:
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 Chief Bob Martin Del Campo provided the staff report describing the purpose of the proposed Hollister Fire Department master plan, standards of coverage, and strategic plan.
Mayor Casey opened public comment at 8:43 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:43 p.m.
Councilmember Perez moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-87 Motion carried 5-0-0.
City Council Monday, May 15, 2023 Page 9 of 13
RESULT:
Adopted [Unanimous]
MOTION:
Rick Perez
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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
City Engineer Glen March provided the staff report.
Councilmember Burns supported using the funds levied as part of the Landscape and Lighting District to paint the soundwalls if allowed.
Mayor Casey opened public comment at 8:47 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:47 p.m.
Councilmember Perez moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-88 Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rick Perez
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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
Mayor Casey opened public comment at 8:48 p.m.
City Council Monday, May 15, 2023 Page 10 of 13
There were no speakers for this item.
Mayor Casey closed public comment at 8:48 p.m.
Councilmember Perez moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-89 Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rick Perez
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
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 Lerner provided the staff report and reported if adopted, the ordinance would not go into effect until after the next election.
Councilmember Burns requested and received information regarding the potential for Councilmembers to receive retirement benefits from CalPERS.
Mayor Casey opened public comment at 8:57 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:57 p.m.
Councilmember Resendiz spoke against raising the Council's salary.
Mayor Casey stated an increase to Council salary may encourage others to run for City Council.
Councilmember Perez moved, and Councilmember Morales seconded the motion to 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 and direct staff to bring the ordinance for adoption on June 5, 2023. Motion carried 3-2-0 (Councilmembers Resendiz and Burns opposed).
City Council Monday, May 15, 2023 Page 11 of 13
RESULT:
First Reading [3 to 2]
MOTION:
Rick Perez
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales
NOES:
Resendiz, Burns
RECUSED:
ABSTAIN:
ABSENT:
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Reports from City Council Members regarding Committees on which they serve
Councilmember Resendiz reported his attendance at a meeting of the LGBTQ+ Committee and spoke regarding upcoming Pride events.
Councilmember Morales reported the Association of Monterey Bay Area Governments is having a retreat on May 17.
Councilmember Perez reported his attendance at a meeting of the Integrated Waste Management Commission and provided an update on the landfill.
2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns requested proclamation recognizing Hollister High for being a Green Ribbon Campus.
Councilmember Resendiz requested street lights for Nash and Sally Streets; requested speed humps for Nash Street; and commended staff on the Pauline Valdivia naming ceremony and thanked Councilmember Burns for bringing the item forward.
Mayor Casey thanked staff for all of their work on Pauline Valdivia event. Mayor Casey provided clarification regarding campaign donations received and stated for the record that she returned funds to Anderson Homes and to Bill Lee. Mayor Casey stated the Committee for Better Government not run by Del Curto Brothers Construction as previously stated.
Interim City Manager Mirrione requested and received consensus on providing a proclamation to Hollister High School.
City Clerk Woodworth reported on a request for a proclamation for Jenny Cullumber and received consensus to place on the June 5, 2023 Council agenda.
Police Chief Reynoso reported on Peace Officer Memorial Day gathering of area law enforcement officers and read the names of police officers in California who lost their lives in 2022.
City Council Monday, May 15, 2023 Page 12 of 13
I. UNFINISHED BUSINESS
1. Updated City Council Projects
J. NEW BUSINESS
No items.
K. MISCELLANEOUS
No items.
L. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
M. ADJOURNMENT
Councilmember Perez moved, and Councilmember Morales seconded the motion to adjourn the meeting at 9:13 p.m. Motion carried 5-0-0. The meeting was adjourned in memory of officers who lost their lives in 2022.
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Monday, May 15, 2023 Page 13 of 13