City Council of the City of Hollister
Minutes of the Regular Meeting
August 6, 2024, 4:00 p.m.
City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023
Members Present: Mia Casey, Mayor
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
1. CALL TO ORDER
Mayor Casey called the regular meeting of the City Council of the City of Hollister to order at 4:00 p.m.
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
Councilmember Perez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Proclamation Recognizing Benjamin Tolentino
Mayor Casey read and presented a proclamation to Benjamin Tolentino recognizing him for his accomplishments.
4.2 Community Health Centers Proclamation
Mayor Casey read and presented a proclamation declaring August 4-10, 2024, as National Health Center Week.
4.3 Commendations for Hollister Police Officers
Hollister Police Chief Carlos Reynoso and San Benito County Emergency Services Manager Kris Mangano presented commendations to the following Hollister Officers:
Officer Freddy Hernandez
Officer Nicholas Rudolfs
4.4 Commendations for Hollister Firefighters
Hollister Fire Chief Jonathan Goulding and San Benito Chris Mangano presented commendations to the following Hollister Firefighters for their heroic acts at a recent emergency incident:
Captain Jimmy Holguin
Firefighter Steven Cabral
Firefighter David Achen
5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Matt Nohr with the Orosco Group provided comments on cannabis fees previously paid to the City related to a proposed cannabis cultivation facility. The group decided not to pursue the facility and requested previously paid application fees be refunded or be transferred to future projects.
Irene Davis representing the Visit San Benito County organization commented on the organization's previous funding request and requested the members of the Council provide funding to the organization from their discretionary funds.
Alex Valles owner of architectural and design firm in Hollister expressed disappointment regarding his interactions with City contract staff.
Eldon V. expressed concern regarding electric scooters on City sidewalks and supported education users and banning the electric scooters from sidewalks.
6. COUNCIL BUSINESS
6.1 CONSIDERATION AND ACTION REGARDING RESOLUTION
APPROVING PUBLIC CENSURE OF COUNCILMEMBER ROLAN
RESENDIZ
Councilmember Resendiz requested and received clarification regarding various documents being public records. Councilmember Resendiz read statements from the investigative report.
Mayor Casey requested and received clarification regarding the independent investigator and complaints sustained by the investigator.
Mayor Casey opened public comment at 4:37 p.m.
Carol Lenoir supported adoption of the resolution.
Mayor Casey closed public comment at 4:38 p.m.
Councilmember Resendiz stated he would not complete harassment prevention training.
Councilmember Morales requested Councilmember Resendiz also be required to complete gender -based violence and trauma training.
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Moved by: Councilmember Morales
Adopt a resolution approving public censure of Vice Mayor Rolan Resendiz and set the due date for the harassment prevention training and gender -based violence training to be completed by September 1, 2024.
Fail
Amendment:
Moved by: Councilmember Perez
Seconded by: Mayor Casey
Adopt a resolution approving public censure of Vice Mayor Rolan Resendiz and set the due date for the harassment prevention training and gender -based violence training to be completed by October 5, 2024.
Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Abstained (1): Councilmember Resendiz
Carried (4 to 0)
7. CONSENT ITEMS
Councilmember Resendiz pulled Item 7.6 from the consent calendar.
Mayor Casey opened public comment at 4:48 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 4:48 p.m.
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Approve the consent agenda items, except for item 7.6.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
7.1 APPROVE JUNE 18, 2024 MEETING MINUTES
7.2 WARRANT REGISTER AUGUST 6, 2024
3 Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Ratify and approve the Warrant Registers for the General -Special - Enterprise -Assessments funds attached.
Carried
7.3 ADOPT ORDINANCE 1252, AN ORDINANCE OF THE CITY OF
HOLLISTER APPROVING ZONING ORDINANCE AMENDMENT 2023-4
TO ADOPT CHAPTER 17.36 INCLUSIONARY HOUSING
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt Ordinance 1252 Adding Section 17.36 to the Hollister Municipal Code related to Inclusionary Housing.
Carried
7.4 CLAIM AGAINST THE CITY- FILED BY CARMEN VILLANUEVA
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Deny the claim and authorize staff to send the notice of rejection to the claimant.
Carried
7.5 RESOLUTION APPROVING AND OPT INTO THE KROGER NATIONAL
OPIOID SUBDIVISION AGREEMENT
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution to approve and opt into the Kroger National Opioid Subdivision Agreement reached between the Kroger Company and the Department of Justice.
Carried
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7.7 ADOPT A RESOLUTION APPROVING THE ITEMIZED REPORT OF
THE COSTS OF ABATEMENT OF WEEDS AND DEBRIS ON
DESIGNATED PROPERTIES IN THE CITY OF HOLLISTER AND
APPROVAL TO FILE REPORT WITH THE OFFICE OF THE COUNTY
AUDITOR, COUNTY OF SAN BENITO
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution approving the itemized report of the costs of abatement of weeds and debris on designated properties in the City of Hollister and Approval to file report with the Office of the County Auditor, County of San Benito
Carried
7.8 DARKTRACE CYBER-SECURITY SERVICE RENEWAL
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution approving the proposal provided by SurveillanceGrid Integration, Inc., as sole -source provider for Darktrace Products, in the amount of $295,350.80 for the renewal of the DarkTrace DETECT Enterprise Immune System with RESPOND Automated Response, DarkTrace EMAIL, and DarkTrace APPS for Microsoft 365 service through December 2027.
Carried
7.9 ACCEPTANCE OF THE EVERGLEN PUBLIC PARK PLAN
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution approving the final park design for Everglen Public Park as submitted by KB Development and recommended by the City of Hollister Parks and Recreation Advisory Commission at their July 8, 2024, special meeting.
Carried
7.10 WILLOW LANDING PUBLIC PARK ACCEPTANCE
61 Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Adopt a resolution approving the park design of Willow Landing Public Park as submitted by Tri Pointe Homes and recommended by the City of Hollister Parks and Recreation Commission at their July 8, 2024, special meeting.
Carried
7.11 MONTEREY BAY AIR RESOURCES DISTRICT (MBARD) MOTOR
VEHICLE EMISSION REDUCTION GRANT PROGRAM FOR THE CITY
OF HOLLISTER EV CHARGING STATIONS
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
1) Adopt a resolution ratifying a grant application submitted by the Public Works Department to the Monterey Bay Air Resources District (MBARD) for the AB2766 Motor Vehicle Emission Reduction Grant Program, 2) Authorize the City Manager to sign any related documents, agreements, or amendments related to the MBARD grant, and 3) Authorize the City Manager to use a cooperative purchasing process using the state awarded contract to Beam.
Carried
7.12 COOPERATIVE PURCHASING AUTHORIZATION
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Approve a resolution authorizing the use of Cooperative Purchasing to purchase various goods from Sourcewell.
Carried
7.6 A CONTRACT AMENDMENT WITH EMC PLANNING GROUP FOR
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
MERIDIAN VILLAGE PROJECT
Planning Manager Eva Kelly provided the staff report.
0 Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution authorizing the execution of an amended Professional Services Agreement with EMC Planning Group for environmental consulting services and associated technical studies to now include an EIR for Meridian Village Tentative Map 2022-2 and Site & Architectural Review 2022-15.
Ayes (3): Mayor Casey, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Abstained (1): Councilmember Perez
Carried (3 to 1)
8. PUBLIC HEARINGS
8.1 PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING A REGULATORY PERMIT FOR WHERE2DISTRO, LLC TO OPERATE A
CANNABIS DISTRIBUTION FACILITY AT 1891 AIRWAY DRIVE
Cannabis Affairs Manager Maria Mendez provided the staff report.
Mayor Casey opened the public hearing at 5:01 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 5:01 p.m.
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution approving a Regulatory Permit for Where2Distro LLC to operate a cannabis distribution facility at 1891 Airway Drive.
Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Abstained (1): Councilmember Morales
Carried (4 to 0)
9. COUNCIL BUSINESS
9.1 BEST PRACTICES FOR EFFICIENT MEETINGS
7 City Clerk Jennifer Woodworth provided the staff report.
Mayor Casey opened public comment at 5:04 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 5:04 p.m.
By consensus, the City Council directed staff to include in the policy a limit on staff presentations to ten minutes and a requirement for public speakers to indicate their desire to speak prior to the completion of any comments by the first speaker for an agenda item or during the public comment portion of the agenda.
10. INFORMATIONAL REPORTS
10.1 COMMITTEE ASSIGNMENTS
Councilmember Morales reported on a recent meeting of the Council of Governments and reported there is a workshop on September 25, 2024.
Mayor Casey provided an update on Measure A and reported on a recent meeting with Senator Padilla's office. Mayor Casey reported on a recent meeting of the Fire Protection Committee.
10.2 COUNCIL REPORTS
Councilmember Burns commended and thanked City staff for the work done as part of the City's July Fourth events; thanked City staff for completing cleaning of Sunnyslope Village sound walls; and thanked staff for installing radar signs on Valley View Road. Councilmember Burns requested additional information regarding comments made regarding Mr.
Valles's interactions with City contract staff; requested additional information regarding Council promotion of the transient occupancy tax measure; requested information regarding electric scooters on sidewalks; requested an update on shade structures at Las Brisas Park; requested the sound walls on Enterprise and along Pinnacles Highway be painted; requested the damaged cinderblock on Avenida Cesar Chavez be repaired; requested future discussion of a side letter with Hollister Firefighters Union that the City Council will not terminate any Hollister Fire Department employees as a direct or indirect result of any negotiations related to the Fire Services contract.
Councilmember Perez thanked City staff for all that they do.
Councilmember Perez supported promotion of Visit San Benito County and requested an update on the incident mentioned by Mr. Valles.
Councilmember Morales requested New Hope for Youth be invited to give a presentation at a future Council meeting; requested a status update for the cannabis ad hoc committee; and requested a future Council item regarding Mr. Nohr's request related to cannabis fees paid.
Mayor Casey stated she is interested in using $20,000 of her discretionary funds for Visit San Benito County once the organization is verified as a non-profit organization; requested certificates to be presented at the upcoming Second Native Gathering event; and commented on recent statements made to the media and panic and anxiety created by the statements. Mayor Casey requested Council consensus to direct staff to provide clarifying statements and information when false information is shared in the community. Mayor Casey expressed concern regarding San Benito County's Housing Element and potential impacts on the City if implemented and requested a future agenda item on the topic, including a potential response letter from the City.
City Manager David Mirrione confirmed council consensus on the following items: quote for maintenance of sound walls along Enterprise and Pinnacles Highway; future Council agenda item regarding the refund request by Mr. Nohr; an update to the City Council assignments for Councilmember Morales to serve on the Fire Protection Committee; a future presentation by the New Hope for Youth organization; recognition for the Second Native Gathering honorees, and legal analysis of implications on the City of implementation of County Housing Element.
10.3 CITY MANAGER REPORT
City Manager David Mirrione thanked and commended staff for their efforts to support the July Fourth event
Public Works Director William Via provided a brief update on the operation of the Industrial Wastewater Treatment Plant by San Benito Foods and related odors and provided a brief update on the timeline for the 2024 road rehabilitation project.
UPDATED CITY COUNCIL PROJECTS
11. CLOSED SESSION
City Attorney Mary Lerner read the closed session item titles.
Mayor Casey opened public comment at 6:00 p.m.
There were no speakers for the closed session agenda items.
Mayor Casey closed public comment at 6:00 p.m.
The City Council adjourned into closed session at 6:03 p.m.
11.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
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Employee Organizations: Service Employees International Union (SEIU), Local 521; Hollister Peace Officer Association (HPOA); and un- represented employees in classifications designated as Executive Management.
11.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Manager -Annual Performance Evaluation
11.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Attorney -Annual Performance Evaluation
11.4 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: G. Negrete and B. Jiminez v. County of San Benito; City of Hollister; and R. Guerrero
San Benito Superior Court Case No. CU-24-00071
11.5 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Eduardo Mondragon v. City of Hollister
EEOC No.: 485-2024-00046
11.6 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
11.7 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.
San Benito Superior Court Case No. CU-23-00183
12. CLOSED SESSION REPORT
10 City Attorney Mary Lerner reported the City Council unanimously declined to waive the conflict that County Counsel Prentice Long has regarding the fire service contract negotiations with the County of San Benito.
13. ADJOURNMENT
Motion to adjourn the meeting at 8:03 p.m.
-X/Aloodworth, City Clerk
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