City Council of the City of Hollister
Minutes of the Regular Meeting
September 3, 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. CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner stated no reportable action was taken at the August 20, 2024 closed session.
5. SPECIAL ORDERS OF THE DAY
5.1 CHILDHOOD CANCER AWARENESS MONTH PROCLAMATION
5.2 PRESENTATION BY NEW HOPE FOR YOUTH
Phillip Nunez provided a presentation regarding the New Hope for Youth organization and their activities for Hollister youth. Mr. Nunez requested funding from the City to support their program.
Councilmember Burns requested additional information regarding the organization's budget and number of youth participants.
Councilmember Resendiz supported the City partnering with the organization.
1 5.3 PRESENTATION BY COUNCIL OF SAN BENITO COUNTY
GOVERNMENTS (SBCOG) REGARDING HIGHWAY 25
Binu Abraham, Executive Director Council of San Benito County Governments, provided an update regarding prior and upcoming construction on Highway 25.
Mayor Casey opened public comment at 4:28 p.m.
Roxanne Stephens expressed concern regarding the potential cost and long timeline for completion of the Highway 25 widening project.
Mayor Casey closed public comment at 4.31 p.m.
Councilmember Perez requested a moment of silence for Christopher Ward and requested the Council meeting be adjourned in his memory.
The City Council observed a moment of silence.
6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
No speakers present.
7. CONSENT ITEMS
Mayor Casey opened public comment at 4:59 p.m.
Phil Stephorak opposed approval of a ground lease agreement with ZeroAvia.
Minh Venator opposed approval of the proposed ground lease agreement with ZeroAvia.
Mayor Casey closed public comment at 5:04 p.m.
Councilmember Resendiz pulled Item 7.4 from the consent calendar.
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
To approve the consent calendar items except for Item 7.4.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
7.1 APPROVE AUGUST 20, 2024 MEETING MINUTES
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
2 Approve August 20, 2024 meeting minutes.
Carried
7.2 WARRANT REGISTER SEPTEMBER 3, 2024
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Ratify and approve the Warrant Registers for the General -Special - Enterprise -Assessments funds attached.
Carried
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Ratify and approve the Warrant Registers for the General -Special - Enterprise -Assessments funds attached.
Carried
7.3 CLAIM AGAINST THE CITY- FILED BY CHRISTINE SWANK
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Deny the claim and authorize staff to send the notice of rejection to the claimant.
Carried
7.5 A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND
HOLLISTER DOWNTOWN ASSOCIATION FOR FY 24/25 FOR THE
CALIFORNIA MAINSTREET PROGRAM IN DOWNTOWN HOLLISTER
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
9 Adopt a resolution authorizing the Mayor to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 24/25.
Carried
7.6 A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $8,600
FOR DIA DE LOS MUERTOS DOWNTOWN CELEBRATION EVENTS
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution authorizing Councilmember Resendiz to use City Council FY 24/25 budgeted discretionary funds in the amount of $8,600 for Dia de los Muertos downtown events.
Carried
7.7 A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $11,500
FOR SECOND HOLLISTER NATIVE GATHERING EVENTS
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution authorizing Councilmember Burns and Councilmember Perez to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $11,500 in combined efforts in support of the Second Hollister Native Gathering events.
Carried
7.8 A RESOLUTION APPROVING COUNCILMEMBER MORALES TO
TRAVEL FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE AND EXPO, OCTOBER 16-18, 2024, IN LONG BEACH, CA.
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution approving travel expenses for Councilmember Morales for the League of California Cities Annual Conference and Expo, Oct.16- 18, 2024, in Long Beach, CA.
M
Carried
7.9 A RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH THE ADAMS ASHBY GROUP FOR GRANT
MANAGEMENT CONSULTING SERVICES AND AUTHORIZE THE CITY
MANGER TO EXECUTE THE AGREEMENT
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution approving, and authorizing the City Manager to execute, an Agreement to provide Consulting Services related to the West Gateway Improvement Project and any future Grant applications and awards from the Department of Housing & Community Development (HCD) for Community Development Block Grants (CDBG).
Carried
7.10 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR CPR CLASSES FOR SAN BENITO COUNTY
BEHAVIORAL HEALTH EMPLOYEES
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution for the City Manager to execute a contract for CPR Classes for San Benito County Behavioral Health Employees.
Carried
7.11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD
DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2024 SAN
BENITO COUNTY FAIR
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 331 Agricultural Association for the San Benito County Fair.
Carried
5 7.12 A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND
THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).
Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HPOA.
Carried
7.13 A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND
SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 521 Moved by: Councilmember Resendiz
Seconded by: Councilmember Burns
Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and SEIU, Local 521.
Carried
7.4 A RESOLUTION APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC. FOR SPACE TO LOCATE EQUIPMENT AND OTHER
PROPERTY AT THE HOLLISTER MUNICIPAL AIRPORT
Airport Director Jeff Crechirou provided the staff report outlining the terms of the proposed ground lease agreement.
Councilmember Burns suggested the lease and its terms be reviewed by the City's fire marshal prior to approval.
Councilmember Resendiz supported modifying the proposed agreement terms to require concrete building materials either at the time the lessee vacates.
Mayor Casey suggested requiring a fire inspection as part of the improvements.
Moved by: Councilmember Resendiz
1. Adopt a resolution approving a Ground Lease Agreement with ZeroAvia, Inc. for space to locate equipment and other property at the Hollister Municipal Airport with the additional terms to require concrete building 101
materials either at the time the lessee vacates and to require a fire inspection of the improvements, and
2. Authorize City Manager to execute the Ground Lease Agreement in a form approved by City Attorney.
Motion fails for lack of a second
Moved by: Councilmember Burns
Seconded by: Councilmember Resendiz
Continue the item for four weeks to allow for additional negotiations with ZeroAvia.
Ayes (3): Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Noes (2): Mayor Casey, and Councilmember Morales
Carried (3 to 2)
8. PUBLIC HEARINGS
8.1 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING
HOLLISTER MUNICIPAL CODE SECTION 9.30 — SHOPPING CART
CONTAINMENT
Police Chief Carlos Reynoso provided the staff presentation.
Councilmember Morales suggested staff reach out to retailers to ensure they are aware of the change.
Mayor Casey opened the public hearing at 5:27 p.m.
There were no speakers for this item.
Mayor Casey closed the public hearing at 5:27 p.m.
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Introduce an ordinance amending Hollister Municipal Code Chapter 9.30- "Shopping Cart Containment" adding language to align with state law and updating a reference to another state law.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
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Carried (5 to 0)
8.2 APPEAL OF PLANNING COMMISSION DENIAL OF SITE &
ARCHITECTURAL REVIEW 2022-6 (APPEAL 2024-2)
Senior Planner Magda Gonzalez provided the staff presentation.
Councilmember Resendiz supported two entrances for the project.
The appellant provided a presentation regarding the project.
Councilmember Resendiz requested the appellant work with the City's Arts & Culture Commission to select the artist and art for the location.
Mayor Casey opened the public hearing at 6:00 p.m.
No speakers present.
Mayor Casey closed the public hearing at 6:01 p.m.
Moved by: Councilmember Resendiz
Seconded by: Councilmember Perez
Accept the findings as provided by the applicant on September 3, 2024 and approve the project.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
9. COUNCIL BUSINESS
9.1 PARS SECTION 115 TRUST — OPEB PREFUNDING AND PENSION
RATE STABILIZATION PROGRAM (PRSP) PRESENTATION
Mitch Barker with Public Agency Retirement Services provided the staff report.
Mayor Casey opened public comment at 6:29 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 6:29 p.m.
The City Council directed staff return with a future item on the topic, potentially as part of the mid -year budget discussion.
9.2 SEWER SYSTEM UPDATE
Public Works Director William Via provided the staff report.
Mayor Casey opened public comment at 6:43 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 6:43 p.m.
9.3 UPDATE ON THE DEVELOPMENT OF CESAR CHAVEZ COMMUNITY PARK FUNDED THROUGH PROPOSITION 68 GRANT
Recreation Manager Tina Garza provided the staff report.
Councilmember Resendiz suggested installing a bicycle maintenance and repair station.
Mayor Casey opened public comment at 6:58 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 6:58 p.m.
The City Council recessed at 6:59 p.m. and reconvened at 7:07 p.m. with all members of Council present.
9.4 OROSCO GROUP CANNABIS LICENSE FEE REFUND
Assistant City Attorney Jennifer Thompson provided the staff report.
Councilmember Perez returned to the dais at 7:10 p.m.
Councilmember Morales inquired regarding the delay by the applicant in requesting a refund of fees.
Applicant Matt Nohr commented on various fees paid by the applicant, delays to the project, and prior communication with City staff. Mr. Nohr commented on a proposed new project that the cannabis fees could be applied to.
Cannabis Program Affairs Manager Maria Mendez provided additional information regarding staff time spent reviewing the applications, completing environmental review, etc.
Mayor Casey opened public comment at 7:29 p.m.
Matt Nohr commented on the various reviews by staff as being part of a separate application process and fees.
Mayor Casey closed public comment at 7.31 p.m.
Moved by: Councilmember Burns
Seconded by: Councilmember Perez
Deny Orosco Group's request to grant a $119,872.00 refund for cannabis license fees.
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Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
9.5 BEST PRACTICES FOR EFFICIENT MEETINGS
City Clerk Jennifer Woodworth provided the staff report.
Mayor Casey opened public comment at 7:53 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:53 p.m.
By consensus, the City Council directed staff to return with a resolution to adopt a Council policy governing the process for the City Council to place items on the agenda and a resolution governing the annual City Council meeting schedule.
10. INFORMATIONAL REPORTS
10.1 COMMITTEE ASSIGNMENTS
No reports.
10.2 COUNCIL REPORTS
Councilmember Resendiz requested Council support to partner with New Hope for Youth and requested consensus for the Council to send a letter to the California Speaker of the House Rivas requesting legislation be passed to provide funding to expand Highway 25.
Councilmember Burns supported sending a letter if Highway 25 is considered to be a very dangerous roadway; requested a 4-way stop sign at Brighton and Mimosa Drive; requested staff analyze installation of a crosswalk on Hillcrest near Clearview; requested the City Council Code of Conduct be amended to address violations of a closed session; requested the City Council Code of Conduct be amended to require that the costs for internal investigations related to potential violations of the Code of Conduct be deducted from the discretionary fund of the complainant if no allegations were sustained or from the offender's discretionary funds if allegations are sustained; requested a side letter with the Hollister Firefighters Union regarding layoffs due to negotiations of fire contracts services; requested staff move forward with filling vacant Fire Department command staff positions.
Councilmember Perez reported a missing sidewalk at Powell and Seventh and requested an update on the Dunne Park Master Plan.
Councilmember Morales requested use of $10,000 of her discretionary funds for the New Hope for Youth organization.
10 Mayor Casey supported the request for a side letter with the Hollister Firefighters Union and filling vacant Fire Department command staff positions; supported a letter to Speaker Rivas to seek discussion regarding funding; requested creation of an ad hoc committee to discuss the motorcycle rally; requested an agenda item to adopt the Council's strategic goals; and requested information related to the City's economic development committee.
City Manager David Mirrione confirmed Council consensus on all of the Council requests.
10.3 CITY MANAGER REPORT
UPDATED CITY COUNCIL PROJECTS
11. CLOSED SESSION
Mayor Casey opened public comment at 8:24 p.m.
There were no speakers for the closed session agenda items.
Mayor Casey closed public comment at 8:24 p.m.
City Attorney Mary Lerner read the closed session item titles.
11.1 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (4 cases)
11.2 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code: one case.
The threat of litigation is from Eduardo Mondragon.
11.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.
San Benito Superior Court Case No. CU-23-00183
11.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.
San Benito Superior Court Case No. CU-23-00282
12. ADJOURNMENT
The City Council convened into closed session at 8:26 p.m. 11 Mayor Casey adjourned the meeting at 10:08 p.m. in memory of Christopher Ward.
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