CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Special and Regular Meeting
September 18, 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) No speakers present.
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 Perez moved, and Councilmember Morales seconded the motion to adjourn into closed session. Motion passed 5-0-0.
The special meeting adjourned at 6:26 p.m.
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Un-represented employees in classifications designated as Executive Management
2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9. EXISTING LITIGATION
Natmar LP, et al. v. City of Hollister San Benito County Superior Court Case No. CU-23-00183
3. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9. EXISTING LITIGATION
Cain, et al. v. City of Hollister San Benito County Superior Court Case No.
CU-22-00087
4. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of section 54956.9 of the Government Code (Deciding Whether to Initiate Litigation): 1 case
5. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 CONFERENCE WITH LEGAL COUNSEL: ANTICIPATED
LITIGATION
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code: One Case
6. CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
GOVERNMENT CODE SECTION 54956.95
Claimants: Carlos Munoz; Pablo Ramirez Agency Claimed Against: City of Hollister
7. CONSULTATION OF PUBLIC EMPLOYMENT GOVERNMENT CODE
SECTION 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
Councilmember Morales led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on September, 18, 2023 at 5:00 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name
Mia Casey
Rick Perez
Title
Mayor
Status
Arrived
Present
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
City Manager
Present
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 September 18, 2023 was posted on the bulletin board at City Hall on September 15, 2023 at 2:58 p.m. per Government Code Section 54954.2.
CLOSED SESSION - REPORT OUT
City Attorney Lerner reported in closed session, Councilmember Burns moved, and Councilmember Perez seconded the motion to deny the claims by Carlos Munoz and Pablo Ramirez. Motion carried 5-0-0.
City Council Monday, September 18, 2023 Page 2 of 12
PROCLAMATIONS/RECOGNITIONS
1. PROCLAIMING SEPTEMBER 18-29, 2023 AS HIGH SCHOOL VOTER
EDUCATION WEEKS
Mayor Casey read and presented the proclamation proclaiming September 18-29, 2023 as High School Voter Education Weeks.
Magdalena Carrillo, Brielle Jaquias, and Oswaldo Elia with Congressio Estudiante encouraged students sixteen and older to register to vote and participate in elections.
2. PROCLAIMING SEPTEMBER 2023 AS HUNGER ACTION MONTH
Mayor Casey read and presented the proclamation proclaiming September 2023 as Hunger Action Month.
Sarah Nordwick with the Community Food Bank of San Benito County thanked the Council for their support and spoke regarding the many residents they serve in the community.
3. PROCLAIMING SEPTEMBER 2023 AS NATIONAL RECOVERY MONTH Mayor Casey read and presented the proclamation proclaiming September 2023 as National Recovery Month.
4. PROCLAIMING SEPTEMBER 17-23, 2023 AS CONSTITUTION WEEK A. COUNCIL BUSINESS
1. CONSIDERATION OF ACTION PERTAINING TO THE ALLEGED
CONDUCT OF COUNCILMEMBER ROLAN RESENDIZ IN ALLEGED
VIOLATION OF THE COUNCIL CODE OF ETHICS AND CONDUCT (Mayor Casey)
Mayor Casey provided the staff report reviewing the elements of the City Council's Code of Ethics and Conduct and reviewed the process for enforcing the Code of Ethics and Conduct. Mayor Casey outlined the sections of the Hollister Municipal Code Couniclmember Resendiz violated at the August 7, 2023 City Council meeting.
Mayor Casey recommended Councilmember Resendiz be censured and removed from Committee assignments.
Mayor Casey opened public comment at 7:03 p.m.
Daisy Aguayo stated her support for Councilmember Resendiz and encouraged him to express his frustrations in a calmer manner.
John Robles opposed the vote to censure Councilmember Resendiz.
Mary Zanger stated her support for Councilmember Resendiz.
Maricruz Diaz stated her support for Councilmember Resendiz and spoke in support of the Council and public acting respectfully. Ms. Diaz expressed concern regarding the smell near the water plant.
City Council Monday, September 18, 2023 Page 3 of 12
Bella Rosales stated her support for Councilmember Resendiz's ability to exercise his free speech.
Vicki Montoya stated her support for Councilmember Resendiz.
Sam Ramos supported the ability of people to pursue happiness and the high cost of housing in the area.
Carly Robles spoke regarding the need for controlled growth and infrastructure maintenance rather than supporting developer profits. Ms. Robles stated her support for Councilmember Resendiz.
Elia Munoz -Cowan stated her support for Councilmember Resendiz and opposed the vote to censure Councilmember Resendiz.
Jasmine Rosales stated her support for Councilmember Resendiz.
Maureen Nelson stated her support for Councilmember Resendiz and commented on the need for elected officials to listen and represent their constituents.
Mary Hsia-Coron stated her support for Councilmember Resendiz and supported free speech.
Violeta Negrete stated her support for Councilmember Resendiz and supported a building moratorium in Hollister.
Martin Gonzales commented that the Council should make the best decisions for the town and community and encouraged the Council to work together.
James Connor supported the members of the City Council following decorum and disagree respectfully.
Bridgette Baumann -Thorp stated her support for Councilmember Resendiz and supported additional affordable housing in Hollister.
Bob Tiffany spoke in support of the Council and the public behaving professionally and treating each other with respect. Mr. Tiffany stated Councilmember Resendiz should follow the City's Code of Conduct.
Ted Davis stated Councilmember Resendiz should work with the rest of the Council in order to better represent his constituents.
Devon Pack spoke against people using the rules of an organization in order to keep it from acting.
Carol Lenoir spoke against the current anger displayed at the Council meetings. Ms.
Lenoir commented regarding her time serving on Council and her decision to resign due to the misconduct of other members.
Julio Rodriguez stated the current political process leads to developers speaking out at public meetings rather than the community members.
City Council Monday, September 18, 2023 Page 4 of 12
Graham Mackie stated most of the current developments in the City and County were approved by a previous Council. Mr. Mackie stated the City Council should set a respectful example for the residents to follow.
Mayor Casey closed public comment at 7:46 p.m.
Councilmember Burns spoke against the conduct exhibited by Councilmember Resendiz at the August 7, 2023 stating it violates the Council's Code of Conduct, which was approved by Councilmember Resendiz. Councilmember Burns supported the recommendation to censure Councilmember Resendiz and remove him from his committee assignments.
Councilmembers Perez and Morales stated their support for the Mayor's recommendation.
Mayor Casey spoke in support of members of the public feeling comfortable speaking at public meetings and not be threatened by members of the Council or public. Mayor Casey spoke against false and divisive rhetoric.
Councilmember Resendiz stated his support for truth and transparency.
Mayor Casey moved, and Councilmember Perez seconded the motion to remove Councilmember Resendiz from his Committee assignments. Motion carried 4-0-0 (Councilmember Resendiz abstained).
By consensus, the Council directed staff to return with a resolution to censure Councilmember Resendiz.
The City Council recessed at 8:02 p.m. and reconvened at 8:13 p.m. with all members of Council present.
RESULT:
Adopted [Unanimous]
MOTION:
Mia Casey
SECOND:
Rick Perez
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
Resendiz
ABSENT:
2. COUNCIL CODE OF CONDUCT AD HOC COMMITTEE
City Attorney Lerner provided the staff report.
Mayor Casey opened public comment at 8:16 p.m.
John Robles questioned why the Council of Conduct was being reviewed by members of the Council. Mr. Robles spoke regarding the eroding reputation of the Council as leaders.
Bella Rosales stated her support for Councilmember Resendiz.
City Council Monday, September 18, 2023 Page 5 of 12
Maureen Nelson questioned the legality of an ad hoc committee made up of two of the five members of the City Council overseeing the behavior of the members of the Council.
Carly Robles stated her support for Councilmember Resendiz. Ms. Robles criticized the actions by Councilmembers Perez and Burns and Mayor Casey.
Mary Hsia-Coron spoke against the makeup of the Council ad hoc committee stating it should have a broader representation. Ms. Hsia-Coron stated an independent committee should review the Code of Conduct.
Patricia Sausedo requested the Council provide direction to the City Attorney regarding a letter sent to the City related to the Council's Code of Conduct and refer the matter to the ad hoc committee.
Leslie Austin spoke in support of a Code of Conduct and civil discourse that allow diverse voices to be heard and respected.
Mayor Casey closed public comment at 8:34 p.m.
RESULT: Consensus
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
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 B4 and B5 from the consent agenda.
Mayor Casey opened public comment at 8:34 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 8:34 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for items B4 and B5. Motion carried 5-0-0.
City Council Monday, September 18, 2023 Page 6 of 12
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
Consent items are numbers: B1, B2, B3, B4, B5, B6, and B7.
1. City Council - Regular Meeting — September 5, 2023 6:30 PM
2. RESOLUTION NO. 2023-176 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND THE
HOLLISTER DOWNTOWN ASSOCIATION
3. RESOLUTION NO. 2023-177 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE EXECUTION OF
AMENDMENT NO.3 TO THE LEASE AGREEMENT OF THE BRIGGS
BUILDING BETWEEN THE CITY OF HOLLISTER AND GAVILAN
COLLEGE, A COMMUNITY COLLEGE DISTRICT
4. Item B4 was moved to Items Pulled from the Consent Agenda.
5. Item B5 was moved to Items Pulled from the Consent Agenda.
6. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR
THE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR
THE MERIDIAN VILLAGE PROJECT (TENTATIVE MAP 2022-2 AND SITE & ARCHITECTURAL REVIEW 2022-15)
ITEMS PULLED FROM CONSENT AGENDA
7. 2023-178 : SBCo FAIR GROUNDS CONTRACT
Councilmember Burns inquired regarding the cost of the contract and whether the services would be budget neutral.
Fire Chief Bob Martin Del Campo confirmed the overtime for City staff would be covered by the contract.
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.
City Council Monday, September 18, 2023 Page 7 of 12
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-178. Motion carried 5-0-0.
8. RESOLUTION NO. 2023-179 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE AGREEMENT FOR THE
HOLLISTER POLICE DEPARTMENT TO RETIRE CANINE OFFICER
SULLY FROM THE POLICE DEPARTMENT'S CANINE UNIT AND
APPROVE CONTRACT WITH CANINE'S PREVIOUS HANDLER
Police Chief Carlos Reynoso provided the staff report.
Mayor Casey opened public comment at 8:41 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:41 p.m.
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2023-179. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
C. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
D. PUBLIC INPUT
Dara Tobias, San Benito County Fair Manager, spoke regarding the 100th fair that is being held in San Benito County starting on September 29, 2023 and invited the community to attend.
Doni Bee spoke against the installation of the Flock Camera surveillance system stating it is a powerful tool that may put privacy at risk.
Mary Miguel expressed concern regarding the uneven sidewalks in the City.
E. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
No reports.
2. Trainings and Conferences
No reports.
City Council Monday, September 18, 2023 Page 8 of 12
F. PUBLIC HEARINGS
1. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HOLLISTER
AMENDING SECTION 10.10.010- DEFINITIONS OF CHAPTER 10.10 OF
THE CITY OF HOLLISTER MUNICIPAL CODE RELATING TO
RECREATIONAL VEHICLES AND BOATS
Police Chief Carlos Reynoso provided the staff report.
Mayor Casey opened the public hearing at 8:51 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 8:51 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to introduce Ordinance 1239 and schedule for adoption on October 2, 2023. Motion carried 5-0-0.
RESULT:
First Reading [Unanimous]
MOTION:
Tim Burns
SECOND:
Dolores Morales
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 2023-180 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $20,123.95 FOR THE
SUNNYSLOPE VILLAGE LANDSCAPING ENHANCEMENTS AND IVY
REMOVAL PROJECT
Interim Parks & Recreation Director Tina Garza provided the staff report.
Councilmember Resendiz proposed each of the members of Council use a portion of their discretionary funds to providing funding for the proposed contract.
Mayor Casey opened public comment at 8:56 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 8:56 p.m.
Councilmember Burns supported replacing the current painted sign with more permanent signage. Councilmember Burns supported hiring City staff to provide painting services throughout the City as needed and supported creation of an ad hoc committee to address the concern.
City Council Monday, September 18, 2023 Page 9 of 12
Councilmember Burns moved, and Councilmember Perez seconded the motion to adopt Resolution 2023-180. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Tim Burns
SECOND:
Rick Perez
AYES:
Casey, Perez, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT:
2. RESOLUTION NO. 2023-181 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A MARKETING PLAN AND
AFFORDABLE HOUSING AGREEMENT BETWEEN KB HOMES AND THE
CITY OF HOLLISTER FOR THE AFFORDABLE HOUSING UNITS
Housing Program manager Jamila Saqaa provided the staff report.
Councilmember Resendiz left the dais at 9:03 p.m.
Mayor Casey opened public comment at 9:04 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:04 p.m.
Councilmember Resendiz returned at 9:07 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-181 and authorize the City Manager to execute the agreement and authorize and subsequent amendments to the agreement. Motion carried 5-0-0.
RESULT:
Adopted [Unanimous]
MOTION:
Rolan Resendiz
SECOND:
Dolores Morales
AYES:
Casey, Perez, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
Resendiz
ABSENT:
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Reports from City Council Members regarding Committees on which they serve
City Council Monday, September 18, 2023 Page 10 of 12
Councilmember Morales the California Transportation Commission will be meeting on September 21 and 22.
Mayor Casey reported Jennifer Stevenson was hired as the new San Benito County LAFCO Executive Director.
2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns requested an update on the recruitment for permanent filling of Parks & Recreation Department Director; requested abatement of a vacant lot behind the Goodwill store on Sunnyslope; requested certificates of recognition for the following local businesses: Ace Hardware, Super Taqueria, and Greenwood Chevrolet.
Councilmember Resendiz requested a future Council agenda item regarding what other municipalities are doing regarding landscape and lighting districts and requested to use $5,000 of his discretionary funds for the Hollister Downtown Association (HDA) to create altars for Dia de Los Muertos.
Councilmember Perez suggested staff check the downtown area on Fridays and Mondays for cleanup; requested staff address odor reduction concerns in District 2; requested an updated on the ad hoc committee for downtown businesses.
The Council recessed at 9:13 p.m. and reconvened at 9:19 p.m.
Mayor Casey requested Council consensus to have Councilmembers Burns and Resendiz switch chairs going forward.
Quarterly budget for painting and downtown cleanup; odor reduction already coming back; downtown business meeting being scheduled with HDA.
Councilmember Resendiz stated he believes it is an abuse of power to be asked to switch chairs.
By consensus the Council directed staff to send certificates of recognition to Ace Hardware, Super Taqueria, and Greenwood Chevrolet; provide an update regarding what other municipalities are doing regarding landscape and lighting districts; approval of the use of $5,000 of Councilmember Resendiz's discretionary funds for the Hollister Downtown Association to create altars for Dia de Los Muertos; and for Councilmembers Resendiz and Burns to switch chairs at the dais.
City Attorney Lerner reported the City has already responded to letter submitted by the Building Industry Association on September 1, 2023 and will provide copies to Council.
Police Chief Reynoso reported on events that occurred at Hollister High School last week related to a firearm. Police Chief Reynoso praised the actions by school staff and commended the responses by local agencies and parents of the students.
I. UNFINISHED BUSINESS
1. UPDATED CITY COUNCIL PROJECTS
City Council Monday, September 18, 2023 Page 11 of 12
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 9:36 p.m. Motion carried 5-0-0.
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
City Council Monday, September 18, 2023 Page 12 of 12