CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Special and Regular Meeting
June 20, 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 5:02 p.m.
CLOSED SESSION - 5:00 P.M.
Public Comment (limited to any item listed on the Closed Session agenda) No public comments.
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.
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 - EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1) Name of Case: DeLeon v. City of Hollister, et al., San Benito County Superior Court Case No. CU-21-00243
3. CONFERENCE WITH LEGAL COUNSEL - Liability Claims Government Code Section 54956.95
Claimant: Agnes Maiden
Agency Claimed Against: City of Hollister
4. Consultation of Public Employment Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
5. Consultation of Public Employment Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
Councilmember Morales moved, and Councilmember Perez seconded the motion to adjourn into closed session. Motion carried 5-0-0
The closed session adjourned at 6:17 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Morales led the Pledge of Allegiance.
:to] I Wei_1 N I
Mayor Casey announced the public hearings for Zoning Code amendments ZOA 2023-2 and ZOA 2023-3 were being continued to a future Council meeting date.
City Attorney Lerner announced the Art Development Fee public hearing is being continued to a future Council meeting date.
The regular meeting of the City Council was called to order by Mayor Mia Casey on June, 20, 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
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
Gordon Machado
Acting City Manager
rCity Treasurer
Present
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 June 20, 2023 was posted on the bulletin board at City Hall on June 16, 2023 at 3:07 p.m. per Government Code Section 54954.2.
CLOSED SESSION - REPORT OUT
City Attorney Lerner reported in closed session, a motion was made by Councilmember Resendiz to have an outside agency look into a potential conflict with the current City Attorney in regard to outside city sewer services. The motion died for lack of a second.
City Attorney Lerner reported her firm does not have a stated conflict with representation matters related to city sewer services other than those related to Gavilan as was previously identified. The Gavilan matters are being handled by another firm and that attorney is present this evening via zoom. The Lozano Smith law firm has internal checks and balances to prevent a conflict of interest, and she is confident there are no other conflicts in this regard.
City Attorney Lerner stated no other reportable action was taken in closed session.
PROCLAMATIONS/RECOGNITIONS
City Council Tuesday, June 20, 2023 Page 2 of 17
1. PROCLAMATION CONGRATULATING THE HOLLISTER HAYBALERS
BASEBALL TEAM ON THEIR EXCEPTIONAL SEASON
Councilmember Perez read and presented the proclamation to the Hollister High School Baseball Team congratulating them on their excellent season.
2. PROCLAMATION CONGRATULATING THE HOLLISTER HAYBALERS
SOFTBALL TEAM ON WINNING THE 2023 CALIFORNIA
INTERSCHOLASTIC FEDERATIONS' NOR -CAL DIVISION I
CHAMPIONSHIPS
Councilmember Morales read and presented the proclamation to the Hollister High School Softball Team congratulating them for winning the State Championship.
3. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION MONTH
Councilmember Resendiz presented the proclamation recognizing July as Parks & Recreation Month.
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.
The consent agenda was heard following Agenda Items G4.
Mayor Casey opened public comment at 11:33 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 11:33 p.m.
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve the consent agenda items. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent items are numbers: Al - A23.
1. City Council - Regular Meeting - Jun 5, 2023 6:30 PM
2. City Council - Special Meeting - Jun 12, 2023 5:00 PM
3. WARRANT REGISTER - JUNE 5, 2023 -AP
4. CLAIM AGAINST THE CITY - FILED BY VERENE OROZCO
City Council Tuesday, June 20, 2023 Page 3 of 17
5. ORDINANCE NO. 1235 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 IT WITH A NEW CHAPTER
10.50, AND AMENDING CHAPTER 17 TO ADDRESS ZONING DISTRICTS
WHERE MOBILE FOOD VENDING IS PERMITTED
6. RESOLUTION NO. 2023-114 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE TEMPORARY CLOSURES
OF PORTIONS OF SAN BENITO STREET, EAST STREET, AND
MONTEREY STREET FOR THE 36TH ANNUAL STREET FESTIVAL AND
CAR SHOW
7. RESOLUTION NO. 2023-115 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE TEMPORARY CLOSURE
OF A PORTION OF SALLY STREET
8. RESOLUTION NO. 2023-116 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A TEMPORARY CLOSURE OF
7th STREET FROM WEST STREET TO POWELL STREET FROM 8:00
A.M. TO 3:00 P.M. FOR A CLASSIC CAR AND VINTAGE MOTORCYCLE EVENT.
9. RESOLUTION NO. 2023-117 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RENEWING REGULATORY PERMIT FOR
HIGHER LEVEL OF CARE HOLLISTER TO OPERATE A CANNABIS
DISPENSARY AT 1802 SHELTON DRIVE (APN 051-0120-070-000)
10. RESOLUTION NO. 2023-118 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES)
AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24
11. RESOLUTION NO. 2023-119 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24
12. RESOLUTION NO. 2023-120 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES)
AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24
13. RESOLUTION NO. 2023-121 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER REJECTING ALL BIDS RECEIVED BY THE CITY CLERK AT A BID OPENING FOR THE FIRE STATION 1 AND 2
ELECTRICAL AND LIGHTING IMPROVEMENTS PROJECT AND
REISSUING THE REQUEST FOR BID
City Council Tuesday, June 20, 2023 Page 4 of 17
14. RESOLUTION NO. 2023-122 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ACCEPTING THE WORK BY MONTEREY
PENINSULA ENGINEERING FOR THE SALLY STREET TRAFFIC
CALMING PROJECT, CIP C2201, AND DIRECTING THE CITY ENGINEER
TO FILE A NOTICE OF COMPLETION WITH THE SAN BENITO COUNTY
RECORDER'S OFFICE
15. RESOLUTION NO. 2023-123 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE CONSTRUCTION
CONTRACT DOCUMENTS FOR THE 2022 CITY WIDE SLURRY SEAL
PROJECT (PROJECT); APPROVING THE DETERMINATION THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; DIRECTING THE
CITY ENGINEER TO FILE A NOTICE OF EXEMPTION WITH THE SAN BENITO COUNTY RECORDER'S OFFICE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL AGREEMENTS RELATED TO FUNDING
FOR THE PROJECT
16. RESOLUTION NO. 2023-124 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KELLEY ENGINEERING AND
SURVEYING, IN AN AMOUNT NOT -TO -EXCEED $125,000 WITH A TERM
OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING
SERVICES TO AUGMENT THE CITY OF HOLLISTER'S ENGINEERING
DEPARTMENT STAFF
17. RESOLUTION NO. 2023-125 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO
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SERVICES AGREEMENT WITH SAN BENITO ENGINEERING AND
SURVEYING, IN AN AMOUNT NOT -TO -EXCEED $100,000 WITH A TERM
OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING
SERVICES TO AUGMENT THE CITY OF HOLLISTER'S ENGINEERING
DEPARTMENT STAFF
18. RESOLUTION NO. 2023-126 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A LETTER OF SUPPORT FOR
THE CITY OF HOLLISTER'S US DEPARTMENT OF TRANSPORTATION
SAFE STREETS AND ROADS FOR ALL IMPLEMENTATION GRANT
APPLICATION FOR DESIGNING AND CONSTRUCTING THE
RECOMMENDED ENGINEERING IMPROVEMENTS IDENTIFIED IN THE
CALAVERAS & R.O. HARDIN ELEMENTARY SCHOOLS SAFE ROUTES
TO SCHOOL NEEDS ASSESSMENT AND PRELIMINARY
RECOMMENDATIONS; AUTHORIZING THE MAYOR TO SIGN THE
LETTER OF SUPPORT THAT WILL BE INCLUDED IN THE GRANT
APPLICATION; DIRECTING THE CITY MANAGER TO SUBMIT THE
GRANT APPLICATION; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL NECESSARY AGREEMENTS ASSOCIATED WITH THE
GRANT, IF THE CITY IS AWARDED THE GRANT
City Council Tuesday, June 20, 2023 Page 5 of 17
19. RESOLUTION NO. 2023-127 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RETROACTIVELY APPROVING THE LETTER
OF INTENT TO HOST ELECTRICAL VEHICLE CHARGING STATIONS
THROUGH THE CHARGING AND FUELING INFRASTRUCTURE GRANT
OPPORTUNITY AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ANY SUBSEQUENT AMENDMENTS OR
MODIFICATIONS, AND OTHER NECESSARY DOCUMENTS
20. RESOLUTION NO. 2023-128 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A SIDE LETTER OF
AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE
HOLLISTER FIREFIGHTERS UNION (HFFU), LOCAL 3395
21. RESOLUTION NO. 2023-129 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE
HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA)
22. RESOLUTION NO. 2023-130 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521
23. RESOLUTION NO. 2023-131 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE
HOLLISTER CONFIDENTIAL UNIT
B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
Bill Mifsud thanked the City for the installation of lights on the downtown trees and requested lights to be added to trees on East Street. Mr. Mifsud requested staff research the allowances for A -frame signs on public property.
Robb Rodriguez provided an update work done by the Growing Hearts and their garden center project. Mr. Rodriguez offered to provide a presentation to the Council in the future regarding their various projects.
Robin Pollard thanked the Council for their support of the REACH organization and supported the work being done by the Growing Hearts organization at Vista Park Hill.
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
Interim City Manager David Mirrione thanked staff for their work to quickly move the project forward for the lights on downtown trees.
City Council Tuesday, June 20, 2023 Page 6 of 17
2. Trainings and Conferences
Police Chief Carlos Reynoso reported Sergeant Aurelio Melgoza is graduating from the Sherman Block Supervisory Leadership Institute on June 28, 2023. The Supervisory Leadership Institute seeks to personal growth, leadership, and ethical decision -making in California law enforcement front-line supervisors.
E. PUBLIC HEARINGS
1. ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, TITLE 17-ZONING TO ESTABLISH A SUSTAINABLE ART
DEVELOPMENT FEE FOR RESIDENTIAL, COMMERCIAL, AND
INDUSTRIAL DEVELOPMENT. ADDITIONALLY, COVER REPAIR COST,
ADDITION, AND ALTERATIONS OF SUCH PROJECTS IN THE CITY OF
HOLLISTER
This item was withdrawn by staff and will be brought back at a future date.
RESULT: Withdrawn
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
F. COUNCIL BUSINESS
1. A PRESENTATION TO THE CITY COUNCIL ON THE DOMESTIC
WASTEWATER TREATMENT PLANT
This item was heard following the presentation of proclamations Community Services Director William Via provided the staff report outlining current and projected capacity of the domestic wastewater treatment plant. Community Services Manager Via reviewed various options to address capacity needs, including options for operating the plant and handling bio-solids.
Michelle Chester with the law firm Somach Simmons & Dunn, who is providing outside counsel to the City, provided information regarding the potential implications of a building moratorium for the City of Hollister.
Councilmember Burns requested and received information regarding the availability of funds to finance any or all upgrades to the wastewater treatment plant as outlined by staff, who stated funds were currently available.
Councilmember Resendiz requested regarding the amount of water to be treated for the City of San Juan Bautista.
City Council Tuesday, June 20, 2023 Page 7 of 17
Kari Wagner with the Wallace Group provided information regarding the current and future water treatment needs based on San Juan Bautista's current and future development and high volume of wet weather flow.
Mayor Casey requested information regarding the time frame to replace the membrane bioreactors and increased flow from San Juan Bautista and San Juan Oaks.
Community Services Director Via stated the membrane bioreactors would take approximately a year to upgrade. The increased flow from San Juan Bautista would be immediate increase, but the increase from San Juan Oaks would be gradual taking several years.
Ms. Wagner provided additional information regarding the potential flow from San Juan Bautista to prevent a flow that is higher than the wastewater treatment plant's capacity.
Mayor Casey requested information regarding potential actions by the state if the City does not meet its housing requirements due to a building moratorium.
Ms. Chester stated a building moratorium related to sewer connections may not keep it from being able to meet its housing numbers set by the state.
Mayor Casey opened public comment at 8:17 p.m.
Dustin Bogue, owner of San Juan Oaks, spoke regarding improvements currently being made at San Juan Oaks and stated a previous City Council already agreed to provide sewer service for San Juan Oaks.
Fallon Greig expressed concern regarding the proposed sewer allocation for San Juan Bautista and raised concerns regarding traffic and future development in San Benito County.
Elia Munoz -Cowan supported a moratorium on building outside of Hollister city limits.
Eulalia Alvernaz supported a moratorium on building outside of Hollister city limits.
Carly Robles supported a moratorium on building outside of Hollister city limits and stated the City's infrastructure cannot handle additional developments.
Heladia Nardi supported a moratorium on building outside of Hollister city limits and stated the City's infrastructure cannot handle additional developments.
Andy Hsia-Coron commented on the County's approval of development without adequate sewage infrastructure and opposed the City providing sewer infrastructure for developments in the County.
Mary Hsia-Coron opposed providing sewage infrastructure outside city limits.
Vicky Montoya expressed concern regarding expansion of the wastewater treatment plant and the potential impact on those that live near the plant.
City Council Tuesday, June 20, 2023 Page 8 of 17
Julio Rodriguez commented on the amount of wastewater requested for treatment by San Juan Bautista and suggested a stipulation on the amount of growth allowed by San Benito County.
Karson Klauer supported the expansion of the wastewater treatment plant as it was anticipated when the plant was built. Mr. Klauer stated residents of the County and developers in the County also pay into the enterprise funds that fund maintenance and upgrades to the plant.
Linda Horna requested additional information regarding collection of fees by the City by residents and developers inside and outside of city limits.
Scott Fuller provided information regarding the fees paid by developers and rate payers. Mr. Fuller commented on the process for previous approvals by the City Council and LAFCO in 2016 for the agreement to provide wastewater services for the San Juan Oaks development.
Bill Lee commented on the negative environmental impact of septic systems. Mr. Lee commented on previous agreements made by the City for various developments. Mr.
Lee spoke in support of affordable housing in the City.
Drew Lander with Sunnyslope Water supported acting as a partner with the City and offered assistance to the City regarding upgrades to the wastewater treatment plant.
Maureen Nelson commented on the payment of impact fees by development within city limits and suggested reassessing the wastewater allocation proposed for San Juan Bautista and San Juan Oaks.
Fran Fitzharris stated San Juan Oaks residents will help bring additional revenue to the County and supported providing sewer services to the San Juan Oaks development.
Don Reynolds, City Manager for San Juan Bautista, provided information regarding one-time and ongoing fees to the City by the City of San Juan Bautista.
Kristina Chavez Wyatt, with San Benito County Business Council, supported the expansion of the wastewater treatment plant to meet regional needs and continue economic development of the area.
Maria Abonce spoke regarding living near the wastewater treatment plant and the odor that emanates from the plant. Ms. Abonce expressed concern that increasing the amount of wastewater treated by the plant will also increase the smell and insects that are near the plant.
Mayor Casey closed public comment at 8:57 p.m.
Councilmember Burns requested staff provide additional information regarding smells near the wastewater treatment plant and whether they can be mitigated.
Councilmember Burns supported issuing a Request for Proposals for plant operators and supported additional training for staff to meet certification needs.
Councilmember Resendiz opposed expansion of the wastewater treatment plan stating it meets current City needs. Councilmember Resendiz supported a building City Council Tuesday, June 20, 2023 Page 9 of 17
moratorium and opposed allowing sewer connections for developments outside of city limits.
Councilmember Perez supported upgrading the membrane bioreactors.
Councilmember Morales supported upgrading the wastewater treatment plant to meet maintenance needs. Councilmember Morales commented on the potential negative impact on businesses, residents, and agriculture if the plant is not upgraded.
Mayor Casey supported maintaining and upgrading City infrastructure to meet ongoing and future needs, including upgrades to the membrane bioreactors.
By consensus, the Council directed staff to bring forward future Council agenda items to replace the two membrane bioreactors, provide additional information to address bio-solids; and a plan to grow the plant staff and work towards getting the required certifications for staff. By consensus, the Council directed staff to work with the community to understand smell near the plant and its impact on the community and to provide a method for residents to communicate with City regarding the plant.
The City Council recessed at 9:16 and reconvened at 9:31 p.m. with all Councilmembers present.
G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-132 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING A WASTEWATER TREATMENT
SERVICES AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE
CITY OF SAN JUAN BAUTISTA AND APPROVING AN EASEMENT FOR
CONSTRUCTION AND MAINTENANCE
Community Services Director Via provided the staff report reviewing requirements by the Environmental Protection Agency for the City of San Juan Bautista and state Water Resources Control Board to resolve violations. The preferred option is for San Juan Bautista to send its domestic wastewater to Hollister for treatment.
Don Reynolds, San Juan Bautista's City Manager, provided a presentation outlining the proposed wastewater agreement with the City.
Councilmember Resendiz requested and received clarification that the wastewater will only be from domestic and not industrial sources.
Councilmember Resendiz requested and received additional information and clarification regarding the amount of flow allowed from San Juan Bautista.
Ms. Wagner explained the amount of flow allowed includes wet weather flow, which is much larger than the flow from domestic sources.
By consensus, the Council agreed to continue the meet past 10:00 p.m.
Mayor Casey opened public comment at 9:58 p.m.
City Council Tuesday, June 20, 2023 Page 10 of 17
Andy Hsia-Coron expressed concern regarding the amount of flow allowed in the proposed memorandum of understanding.
Mary Hsia-Coron provided a handout and spoke regarding the amount of flow allowed for San Juan Bautista and suggested including language in the agreement that the existing average annual volume of sewage and limit the average annual amount allowed, excluding the wet weather flow amount.
John Freeman, Mayor Pro-Tem for San Juan Bautista, supported the proposed memorandum of understanding and commented on the amount of flow from San Juan Bautista.
Julio Rodriguez suggested Council adopt language limiting the amount of flow from San Juan Baustista based on the amount of housing required by the state.
Karson Klauer supported the proposed agreement stating it is good for the environment and for San Juan Bautista residents.
Mayor Casey closed public comment at 10:09 p.m.
Mayor Casey suggested including language in the memorandum of understanding to address peak flows.
Assistant City Attorney Jennifer Thompson stated language could be added to limit the amount of wastewater allowed and address peak flows.
Kari Wagner with the Wallace Group stated the contract could be modified to state that the authorized average daily flow would be up to .43 million gallons per day as outlined in the planned San Juan Bautista build out and suggesting keeping the language stating that the maximum daily flow would not be able to exceed 1.2 million gallons per day.
Councilmember Burns moved, and Councilmember Resendiz seconded the motion to approve Resolution No. 2023-132 with an amendment to the agreement to include an average daily flow up to .43 million gallons per day and state the maximum daily flow would not be able to exceed 1.2 million gallons per day. Motion carried 5-0-0.
RESULT: Adopted as Amended [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
2. RESOLUTION NO. 2023-133 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING A WASTEWATER TREATMENT
SERVICES AGREEMENT BETWEEN THE CITY OF HOLLISTER AND SAN
JUAN OAKS MUTUAL WATER COMPANY
City Council Tuesday, June 20, 2023 Page 11 of 17
Community Services Manager Via provided the staff report Councilmember Resendiz stated the City Council is not legally bound to approve an agreement based on previous City Council decisions.
Mayor Casey commented on the potential liability of the Council not abiding by previous Council decisions.
Mayor Casey opened public comment at 10:32 p.m.
Scott Fuller commented on the previous decisions by the Hollister City Council, San Benito County LAFCO and San Benito County Board of Supervisors approving the San Juan Oaks project.
Dustin Bogue provided additional information regarding the San Juan Oaks project and proposed build out and sewer usage by the development at its completion.
Andy Hsia-Coron commented on the ability of the Council to renegotiate the agreement.
Mary Hsia-Coron expressed concern regarding the number of potential residents in the San Juan Oaks development and potential wastewater usage as compared to the proposed wastewater usage for San Juan Bautista.
Todd Mussell with Pacific Scientific spoke in support of providing economic development to the area to support jobs and bringing qualified workers to the area.
Kristina Wyatt supported the approval of the San Juan Oaks wastewater agreement to support economic development in the area, improve infrastructure, and support employers.
Fran Fitzharris supported business growth in the area to support tourism and local business.
Julio Rodriguez opposed approval of the San Juan Oaks wastewater agreement stating the development will negatively impact traffic in the area.
Tom Doak commented that traffic is being created by construction on Highways 156 and 25 and not by San Juan Oaks. Mr. Doak supported approval of the San Juan Oaks wastewater agreement.
Mayor Casey closed public comment at 10:54 p.m.
Councilmember Resendiz commented on the potential negative impacts of the San Juan Oaks development on increased traffic, increased wastewater treatment, etc.
Councilmember Resendiz opposed the proposed wastewater treatment services agreement.
Councilmember Burns moved, and Councilmember Perez seconded the motion to approve Resolution 2023-133. Motion carried 4-1-0 (Councilmember Resendiz opposed).
City Council Tuesday, June 20, 2023 Page 12 of 17
The City Council recessed at 11:09 p.m. and reconvened at 11:20 p.m. with all Councilmembers present.
RESULT:
Adopted [4 to 1]
MOTION:
Tim Burns
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
Resendiz
RECUSED:
ABSTAIN:
ABSENT:
3. RESOLUTION NO. 2023-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE RECEIPT OF $5,227,540 IN PROPOSITION 1 GRANT FUNDING FOR STORMWATER
IMPROVEMENTS AT THE INDUSTRIAL WASTEWATER TREATMENT
PLANT AND BRIDGE ROAD OUTFALL
Kari Wagner with the Wallace Group provided the staff report.
Mayor Casey opened public comment 11:46 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 11:46 p.m.
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve Resolution 2023-134. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
4. RESOLUTION NO. 2023-135 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER EXECUTING A LEASE AMENDMENT WITH
THE STATE OF CALIFORNIA FOR CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION (CAL FIRE) AIR ATTACK BASE TO
CONSTRUCT A NEW FACILITY AT THE HOLLISTER MUNICIPAL
AIRPORT
Item G4 was heard after public comment.
Pearse Melvin with Kimley Horn provided the staff presentation.
City Council Tuesday, June 20, 2023 Page 13 of 17
Mayor Casey opened public comment at 11:32 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 11:32 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-135. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
5. RESOLUTION NO. 2023-136 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING AN AMENDMENT TO THE
EXISTING CONTRACT BETWEEN THE CITY OF HOLLISTER AND
PLACEWORKS, INC. FOR THE GENERAL PLAN UPDATE AND
ENVIRONMENTAL REVIEW TO INCLUDE THE SCOPE OF SERVICES,
COSTS, AND SCHEDULE TO BE CONDUCTED BY PLACEWORKS FOR
ADDITIONAL COMMUNITY OUTREACH FOR THE INCLUSIONARY
HOUSING PROGRAM FOR THE CITY OF HOLLISTER; AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE 2023/2024 CITY OF
HOLLISTER BUDGET IN THE AMOUNT OF $30,165; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TO MAKE
THE NECESSARY BUDGET ENTRIES
Development Services Director Christy Hopper provided the staff report outlining the various community outreach and public meetings included in the proposed contract amendment.
Mayor Casey opened public comment at 11:52 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 11:52 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve Resolution 2023-136. Motion carried 5-0-0.
City Council Tuesday, June 20, 2023 Page 14 of 17
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
6. RESOLUTION NO. 2023-137 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT
City Engineer Glen March provided the staff report.
Mayor Casey opened public comment at 11:55 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 11:55 p.m.
Councilmember Perez moved, and Councilmember Burns seconded the motion to approve Resolution No. 2023-137. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rick Perez
SECOND:
Tim Burns
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Reports from City Council Members regarding Committees on which they serve
Mayor Casey reported her attendance at a meeting with San Benito County LAFCO and provided staffing updates. Mayor Casey reported on a meeting on the Council of Governments and provided an update on the construction work being done at the intersection of Highways 25 and 156, including construction delays and associated costs.
2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
City Council Tuesday, June 20, 2023 Page 15 of 17
Councilmember Burns supported use of Council discretionary funds to provide lights for the trees on East Street; requested staff study the regulations for A -frames signs; and requested a presentation from the Growing Hearts organization.
Councilmember Resendiz provided updates on recent events he attended in other municipalities for Pride Month events; requested additional information regarding graffiti near the trash enclosure area; requested an update on work done on Fremont Way; and requested information regarding what other cities are providing for translation services for public comments and public documents.
Councilmember Morales requested code enforcement follow-up on the concerns raised by an individual playing their drums. Councilmember Morales reported the League of Latin American Citizens held their scholarship reception and reported on the ten scholarship recipients: Alejandra Gonzalez, Anaceli Arredondo, Ema Izabella Amezcua, Asa Acevedo, Vicclaudiana Hernandez, Yaquelin Gonzalez Hernandez, Guadalupe Lezama, Heidi Andrade, Edgar Villasenor Gutierrez, and Laci Lemos.
Mayor Casey attended the Ladd Lane community outreach meeting and attended the Gavilan College groundbreaking ceremony. Mayor Casey received a tour from Zero Avia of their facilities at the airport. Mayor Casey reported San Benito County Board of Supervisors made changes on how they will be interacting with the Hazel Hawkins Hospital District, including creation of an ad hoc committee and decided the topic would no longer be discussed at intergovernmental meetings. Consensus to create City ad hoc. Mayor Casey stated she planned to appoint Councilmember Perez and herself to serve on the ad hoc committee
By consensus the Council approved use of Councilmember Burns' discretionary to provide lights for the trees on East Street; requested staff study the regulations for A - frames signs; and requested a presentation from the Growing Hearts organization; requested an update on work done on Fremont Way; and requested information regarding what other cities are providing for translation services for public comments and public documents.
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 Morales moved, and Councilmember Perez seconded the motion to adjourn the meeting at 12:17 p.m. Motion carried 5-0-0.
City Council Tuesday, June 20, 2023 Page 16 of 17
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Tuesday, June 20, 2023 Page 17 of 17