CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Special and Regular Meeting
August 21, 2023
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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) There were no public speakers for the closed session items.
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
1. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95 Claimants: Amy Yancey; Gustavo Mendez; John and Jean Barrett Agency Claimed Against: City of Hollister
2. 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: Un-represented employees in classifications designated as Executive Management 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 4-0-0 (Councilmember Resendiz absent).
Closed session adjourned at 6:16 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 August, 21, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name Title Status Arrived
Mia Casey Mayor Present
Rick Perez District 1 Present
Rolan Resendiz I District 2 Absent
Dolores Morales
Tim Burns
Mary F. Lerner
District 3
District 4
City Attorney
Present
Present
Present
Jennifer Woodworth
City Clerk
Present
Carlos Re noso
Police Chief
Present
David Mirrione
I Acting City Manager
I Present
Gordon Machado
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 meetings of August 21, 2023 was posted on the bulletin board at City Hall on August 18, 2023 at 11.29 a.m. per Government Code Section 54954.2.
Mayor Casey made an announcement regarding order and decorum at public meetings and described how disruptions will be handled in accordance with Government Code Sections 54957.9, 54957.95, 36813, Penal Code Section 403 and Hollister Municipal Code Section 2.04.200.
CLOSED SESSION - REPORT OUT
City Attorney Lerner stated no reportable action was taken in closed session.
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.
Mayor Casey opened public comment at 7:51 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 7:51 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
Consent items are numbers: Al -A7.
1. City Council — Special and Regular Meeting — August 7, 2023 6:30 PM City Council Monday, August 21, 2023 Page 2 of 12
2. RATIFY APPOINTMENT TO FILL ARTS & CULTURE COMMISSION
VACANCY
3. WARRANT REGISTER - AUGUST 21, 2023 — AP
4. RESOLUTION NO. 2023-157 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW (TRACT 303) PHASE 2 SUBDIVISION FOR THE
ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 52 (PUBLIC FACILITIES SERVICES)
5. RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE WEST OF FAIRVIEW (TRACT 303) PHASE 2 SUBDIVISION FOR THE
ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 5 ANNEXATION NO. 21 (POLICE AND FIRE SERVICES)
6. RESOLUTION NO. 2023-159 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RATIFYING APPROVAL OF A GRANT
APPLICATION SUBMITTED BY THE DEVELOPMENT SERVICES
DEPARTMENT TO AMBAG FOR THE REGIONAL EARLY ACTION
PLANNING GRANT (REAP 2.0)
7. RESOLUTION NO. 2023-160 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A CONTRACT WITH 2ND NATURE
SOFTWARE INC. FOR THE USE OF SOFTWARE AS A SERVICE FOR
STORM WATER DATA COLLECTION AND ANALYSIS IN ORDER TO
ACHIEVE COMPLIANCE WITH CALIFORNIA STATE AND EPA
REGULATIONS
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
Clark Stone supported the City Council's recent direction to support allowing sewer connections for the Gavilan College campus. Mr. Stone thanked Mayor Casey for providing information regarding the topic and addressing the spread of misinformation on the topic. Mr. Stone expressed disappointment in members of the community engaging in a campaign of misinformation.
Cheree Ashley, Owner of Bright Future Recovery, requested the City waive the application fee for a specific plan amendment for her organization.
Ted Davis stated his desire to address activities at the previous Council meeting and stated he will send his comments to Councilmember Resendiz.
Bob Tiffany commented on recent Council meetings and thanked the Council for their actions at the previous Council meeting to support upgrades and maintenance to the City's wastewater treatment plant and allowing already -approved projects to connect to the City's sewer system.
City Council Monday, August 21, 2023 Page 3 of 12
Mr. Tiffany spoke for the need to civility at public meetings among the Council and members of the public.
Elia Salinas commented on the recent San Benito County Civil Grand Jury report and its comments regarding the Hollister Fire Chief; spoke against the loss of decorum at the previous City Council meeting and misinformation in the community; and spoke in support of Councilmember Perez.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. CITY MANAGER REPORT
No comments.
2. TRAININGS AND CONFERENCES
City Manager David Mirrione reported Parks & Recreation Manager Tina Garza recently completed training from the International City/County Management Association and completed the first year of the Directors School training from the National Recreation and Park Association.
E. PUBLIC HEARINGS
1. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HOLLISTER
AMENDING THE ZONING ORDINANCE TO REPEAL SECTION 17.24.240,
PLANNED DEVELOPMENT PERMITS, AND REPLACE WITH A NEW
CHAPTER, CHAPTER 17.66, PLANNED DEVELOPMENTS
Senior Planner Erica Fraser provided the staff report outlining the provisions of the proposed planned development ordinance.
Mayor Casey opened the public hearing at 8:32 p.m.
Dennis Martin, speaking on behalf of the Building Industry Association of the Bay Area, expressed concerns regarding Section 17.66.070 of the proposed ordinance and concerns regarding the City's notification procedures related to adoption of new fees.
Mayor Casey closed the public hearing at 8:36 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to introduce Ordinance No. 1237. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT:
First Reading [Unanimous]
MOTION:
Tim Burns
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
City Council Monday, August 21, 2023 Page 4 of 12
2. RESOLUTION NO. 2023-161 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AMENDING THE PLANNING DIVISION FEE
SCHEDULE TO INCLUDE FEES RELATED TO ADMINISTRATIVE AND
MINOR MODIFICATIONS TO PLANNED DEVELOPMENTS
Senior Planner Erica Fraser provided the staff report outlining staff's review process and the proposed amendments to the planning division fee schedule.
Councilmember Morales expressed concern regarding the fees the City charges in comparison to other nearby municipalities and in support of communicating with applicants on the process.
Mayor Casey supported a fee study to ensure the fees charged by the City reflect actual costs.
Mayor Casey opened the public hearing at 8:52 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 8:52 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2023-161 and requested a fee study be presented to Council within nine months and requested staff track their time to understand staff -associated costs. Motion carried 4-0-0 (Councilmember Resendiz absent).
The Council recessed at 9:04 p.m. and reconvened at 9:14 p.m. with Councilmembers Perez, Morales, Burns and Mayor Casey present.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
3. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HOLLISTER
AMENDING SECTION 15.12.010 AND SECTION 15.12.020 OF CHAPTER
15.12 OF THE CITY OF HOLLISTER MUNICIPAL CODE RELATING TO
MOBILEHOMES AND MOBILEHOME PARKS
Police Chief Carlos Reynoso provided the staff report.
Mayor Casey opened the public hearing at 9:16 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 9:16 p.m.
City Council Monday, August 21, 2023 Page 5 of 12
Councilmember Burns moved, and Councilmember Morales seconded the motion to introduce Ordinance 1238. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT:
First Reading [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-162 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A CONTRACT TO APPOINT
DAVID MIRRIONE AS THE CITY OF HOLLISTER CITY MANAGER
This item was heard before the Consent Agenda.
City Attorney Lerner reported on the financial provisions included in the contract.
Mayor Casey opened public comment at 6:35 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 6:35 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-162. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
2. RESOLUTION NO. 2023-163 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH FLOCK GROUP, INC. FOR GUNSHOT DETECTION
SERVICES
Police Chief Reynoso provided the staff report.
Mayor Casey opened public comment at 9:20 p.m.
City Council Monday, August 21, 2023 Page 6 of 12
There were no speakers for this item.
Mayor Casey closed public comment at 9:20 p.m.
Councilmember Burns requested staff partner with local schools to install cameras to reduce criminal activity and placement of additional cameras based on the police department's data collection.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-163. Motion carried 4-0-0 (Councilmember Resendiz absent).
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
3. RESOLUTION NO. 2023-164 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING THE CITY OF HOLLISTER SPEED
CUSHION POLICY AND PROCEDURES AND TRAFFIC CALMING
PROJECT POLICY AND PROCEDURES
City Engineer March provided the staff report describing types of traffic calming projects and proposed options for how the City will address requests for traffic calming measures.
Mayor Casey requested staff correct a typo in Section B of the proposed policy related to removal of speed cushions.
Mayor Casey opened public comment at 9:38 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:38 p.m.
Councilmember Burns requested the proposed policy be amended to read speed cushions "may not be requested again for six months."
Mayor Casey suggested use of alternate forms of speed cushions to determine if there are other options less jarring for drivers. Mayor Casey supported installation of speed tables near schools, creation of a traffic management program, and addressing drag racing and side shows.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-164 with the correction to the policy addressing requests for speed cushions. Motion carried 4-0-0 (Councilmember Resendiz absent).
City Council Monday, August 21, 2023 Page 7 of 12
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. LADD LANE AND SOUTHSIDE ROAD TRAFFIC CALMING PROJECT
POST -CONSTRUCTION PUBLIC OUTREACH SESSION SUMMARY
This item was heard following Item F1.
City Engineer Glen March provided the staff report outlining various traffic calming measures implemented and potential modifications to address public concerns.
Councilmember Burns requested staff contact San Benito County regarding the traffic calming measures because Ladd Lane is located in the County's jurisdiction and suggested use of raised crosswalks. Councilmember Burns supported increased traffic enforcement in the area.
Mayor Casey opened public comment at 6:54 p.m
Carl DiLeonardo thanked the Mayor and staff for holding a public input session on the topic and requested the City return Ladd Lane to its former state.
Mayor Casey closed public comment at 6:57 p.m.
Mayor Casey moved, and Councilmember Perez seconded the motion to return the roadway to its original four -lane configuration; remove installed traffic calming measures; maintain current lit crosswalks; maintain protected bike lanes with a separation mechanism; creation of additional street parking on nearby streets to facilitate Ladd Lane Elementary School student drop-off and pickup; installation of a speed table; setting of the speed limit to a speed limit consistent with the results of a future speed study; installation of radar speed signs; and installation of camera to monitor illegal driving in the area.
Following Council discussion, Mayor Casey withdrew her motion.
By consensus, the Council directed staff to remove the traffic delineators as soon as possible; return the roadway to its original four -lane configuration; remove installed traffic calming measures; maintain current lit crosswalks; maintain protected bike lanes with a separation mechanism; creation of additional street parking on nearby streets to facilitate Ladd Lane Elementary School student drop-off and pickup; installation of a speed table; setting of the speed limit to a speed limit consistent with the results of a future speed study; installation of radar speed signs; and installation of camera to monitor illegal driving in the area.
City Council Monday, August 21, 2023 Page 8 of 12
2. 2023 MUNICIPALITIES LEGISLATIVE UPDATE
This item was heard following Item G1.
Assistant City Attorney Rob Lomeli provided the staff presentation.
Mayor Casey reported on advice she received from the Fair Political Practices Commission (FPPC) regarding previous allegations of Levin Act violations. Mayor Casey reported the FPPC confirmed she did not violate the Levin Act.
Councilmember Morales requested future clarification regarding enforcement of the City's campaign finance ordinance by the FPPC.
Mayor Casey opened public comment at 7:45 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:45 p.m.
The Council directed staff return with an item regarding campaign contribution limits and reporting requirements, including information for requirements at nearby jurisdictions.
3. PRESENTATION OF POTENTIAL CHANGES TO CITY'S PROCUREMENT POLICY
John Coggins with Regional Government Services provided the staff report outlining proposed changes to the City's purchasing limits, procedures for public works contracts, and various other recommendations.
Mayor Casey opened public comment at 9:57 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:57 p.m.
Councilmmeber Morales requested use of master contracts that would be reviewed by Council twice a year. project labor agreements set at $250,000. posting of City Contracts on the City's website. Community benefits should be negotiated with regional building construction trade organizations.
By consensus, the Council directed staff to return with introduction of an ordinance to implement the procurement policy recommendations as outlined by the staff report and with the direction provided by Council: only mayor would need to be notified rather than all of Council.
By consensus the Council decided to continue the meeting past 10:00 p.m.
City Council Monday, August 21, 2023 Page 9 of 12
RESULT: Consensus
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
4. PRESENTATION TO THE CITY COUNCIL OF THE CITY OF HOLLISTER
REGARDING THE FIRE PROTECTION & LIFE SAFETY DISTRICT
FEASIBILITY STUDY
Fire Chief Bob Martin del Campo provided the staff report reviewing the current status of a feasibility study for creation of a Fire Protection & Life Safety District.
Mayor Casey opened public comment at 10:10 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 10:10 p.m.
5. APPOINTMENT OF AD HOC COMMITTEE TO REVIEW AND MAKE
RECOMMENDATIONS REGARDING REVISION OF THE COUNCIL CODE
OF ETHICS AND CONDUCT
City Attorney Lerner provided the staff report.
Mayor Casey opened public comment at 10:13 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 10:13 p.m.
Councilmember Burns suggested reducing a Councilmember's community funds in response to violations of the Council Code of Conduct.
Councilmember Morales supported applying the current Council Code of Conduct to address Council behavior.
Mayor Casey supported creation of an ad hoc committee to be able to work with the City Attorney to act quickly.
Councilmember Burns moved, and Councilmember Perez seconded the motion to establish a Council Code of Conduct ad hoc committee and appoint Councilmember Morales and Mayor Casey to serve on the committee. Motion carried 4-0-0 (Councilmember Resendiz absent).
City Council Monday, August 21, 2023 Page 10 of 12
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Resendiz
6. POTENTIAL TRANSIENT OCCUPANCY TAX (TOT) BALLOT MEASURE This item was heard after Item G3.
City Clerk Jennifer Woodworth provided the staff report.
Mayor Casey opened public comment at 10:02 p.m.
City Treasurer Gordon Machado supported a ballot measure to increase the City's Transient Occupancy Tax (TOT) at 12% and supported public education efforts to inform the community of the tax and its purpose.
Mayor Casey closed public comment at 10:02 p.m.
By consensus, Council directed staff to return with an item to place a ballot measure to set Hollister transient occupancy tax at 12% on the November 5, 2024 ballot.
7. Reports from City Council Members regarding Committees on which they serve
Mayor Casey and Councilmember Perez reported their attendance at a meeting of the San Benito County Water District's Governance Committee and reported on projects being considered by the Water District in the coming months.
Mayor Casey reported her attendance at San Benito County's Economic Development Committee meeting.
8. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
City Manager Mirrione provided an update on the tennis courts at Dunne Park.
Police Chief Reynoso provided an update on the implementation of the Active Bystandership for Law Enforcement (ABLE) training for City officers.
The Council congratulated City Manager Mirrione on his appointment as City Manager.
Councilmember Burns requested use of his discretionary funds to install cameras at Valley View Park and to update the signage at Sunnyslope Village; requested certificates of recognition for G&M Auto Repair, Hollister Paint, and the Cannery; supported recruitment of an Assistant City Manager; requested planning staff provide information regarding waiver of the specific plan amendment fee as requested by City Council Monday, August 21, 2023 Page 11 of 12
Bright Future Recovery; requested confirmation that Council conduct at the August 7, 2023 Council meeting will be addressed; and requested a future closed session or open session item on a previous mountain lion encounter in the City.
Councilmember Perez supported future discussion of the request by Bright Future Recovery to waive their specific plan amendment fees.
Councilmember Morales requested recognition for IUPA 16 and Local 12 and their volunteer efforts in the community.
Mayor Casey initiated action to hold a disciplinary proceeding regarding Councilmember Resendiz's actions at the August 7, 2023 Council meeting and an investigation utilizing an independent investigator for threats against Councilmember Morales. Mayor Casey requested additional an investigation and a legal opinion regarding reports of Councilmember Resendiz's inclusion on a federal watch list and the potential inability for Councilmember Resendiz to be able to vote on contracts regarding federal funding.
In addition to the above items, the Council directed staff return with an item for use of Councilmember Burns's discretionary funds to install cameras at Valley View Park and to update the signage at Sunnyslope Village; issue certificates of recognition for G&M Auto Repair, Hollister Paint, and the Cannery; a future Council agenda item regarding waiver of the specific plan amendment fee as requested by Bright Future Recovery; and proclamations to recognize IUPA 16 and Local 12 for their contributions to the community.
H. UNFINISHED BUSINESS
IiW11:21Z1104eZaIWK91611P►INIOU :k0l]x0f.-1
I. NEW BUSINESS
No items.
J. MISCELLANEOUS
No items.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
L. ADJOURNMENT
Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn the meeting at 10:50 p.m. Motion carried 4-0-0 (Councilmember Resendiz absent).
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Monday, August 21, 2023 Page 12 of 12