City Council of the City of Hollister
Minutes of the Regular Meeting
October 1, 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
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 Morales led the Pledge of Allegiance.
4. CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner stated no reportable action was taken in closed session.
5. SPECIAL ORDERS OF THE DAY
5.1 BINATIONAL HEALTH WEEK PROCLAMATION
Mayor Casey presented the proclamation for Binational Health Week.
Vice Mayor Resendiz arrived at 4:01 p.m.
Councilmember Resendiz reported San Benito Health Foundation Board Member Montoya donated a painting and requested it be hung in City Hall.
5.2 PRESENTATION BY SAN BENITO COUNTY REGISTRAR OF VOTERS San Benito County Registrar of Voters Francisco Diaz provided a presentation regarding the upcoming November 5, 2024 election.
Mayor Casey opened public comment at 413 p.m.
Andy Hsia-Coron dedicated his remarks to the Amah Mutsun people, supported the ability of former felons to serve in public service, and raised concerns regarding his remarks being interrupted at a recent planning commission meeting.
Mayor Casey closed public comment at 4:16 p.m.
6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Andy Hsia-Coron raised concerns regarding the state of democracy in San Benito County, including the initiative process.
Elia Salinas raised concerns regarding Councilmember Resendiz's conduct towards members of the public and potential violations of the law.
7. CONSENT ITEMS
Councilmember Resendiz pulled Item 7.3 from the consent calendar.
Mayor Casey opened public comment at 4:25 p.m.
Andy Hsia-Coron spoke in support of Item 7.3, the tractor parade street closure.
Mayor Casey closed public comment at 4:28 p.m.
Rolan Resendiz, District 2 left the meeting at 4:29 pm.
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
The consent calendar items are approved, except for Item 7.3.
Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Absent (1): Councilmember Resendiz
Carried (4 to 0)
7.1 APPROVE SEPTEMBER 17, 2024 MEETING MINUTES
7.2 A RESOLUTION APPROVING AMENDMENTS THE CITY OF
HOLLISTER PLANNING COMMISSION & FIRE PROTECTION
ADVISORY COMMITTEE BYLAWS
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
2 Adopt a resolution approving the amendments to the City of Hollister Planning Commission bylaws and Fire Protection Advisory Committee bylaws as recommended by these advisory bodies.
Carried
7.4 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT NOT TO EXCEED $7,600 IN FINANCIAL SUPPORT OF
THE CITY PARKS AND RECREATION DEPARTMENT FOR EIGHT PET
WASTE STATIONS
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution authorizing Councilmember Burns to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $7,600 in financial support of the City Parks and Recreation Department of eight Pet Waste Stations throughout the city.
Carried
7.5 A RESOLUTION AUTHORIZING COUNCILMEMBER BURNS TO USE $6,600 OF CITY COUNCIL BUDGETED FY 24/25 DISCRETIONARY
FUNDS FOR SIGN REPLACEMENT AT THE ENTRANCE OF THE
SUNNYSLOPE VILLAGE SUBDIVISION
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution authorizing Councilmember Burns to use up to $6,600 of FY 24/25 City Council budgeted discretionary funds for a sign replacement at the entrance of the Sunnyslope Village subdivision and authorizing the City Manager to execute the necessary agreements.
Carried
7.6 A RESOLUTION APPROVING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC. FOR ON -CALL AIRPORT AND CIVIL
ENGINEERING SERVICES FOR THE HOLLISTER MUNICIPAL
AIRPORT WITH A TERM AGREEMENT TO END ON AUGUST 20, 2025.
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
3 1. Adopt a resolution approving Amendment No. 2 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. for On -Call Airport and Civil Engineering Services for the Hollister Municipal Airport with a term Agreement to end on August 20, 2025; and
2. Authorize City Manager to execute Agreement Amendment No. 2.
Carried
7.7 A RESOLUTION AUTHORIZING AN AGREEMENT WITH PUBLIC
AGENCY RETIREMENT SERVICES (PARS) TO PROVIDE SECTION
115 TRUST SERVICES
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution to enter into an agreement with Public Agency Retirement Services (PARS) to establish an Internal Revenue Code Section 115 Trust for the purpose of prefunding Other Post -Retirement Benefits (OPEB) and defined benefit pension liabilities and authorize the City Manager to execute all agreements necessary to establish the Section 115 Trust.
Carried
7.8 A RESOLUTION APPROVING THE TEMPORARY DOUBLE -FILLING
OF THE INFORMATION SYSTEMS & TECHNOLOGY DIRECTOR
POSITION
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution authorizing the City Manager to temporarily double -fill the Information Systems & Technology Director (IT Director) position during Fiscal Year 2024-25 for a period not to exceed three months.
Carried
7.9 RESOLUTIONS APPROVING THE TRADITIONAL ROOTS / BUSTAN CANNABIS REGULATORY PERMIT RENEWAL 2024/ 2025
MANUFACTURING & CULTIVATION
Ell
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt two resolutions for the renewal of two regulatory permits, one for cultivation and one for manufacturing, currently held by Traditional Roots / Bustan at 1091 San Felipe Road for the 2024-2025 year.
Carried
7.3 A RESOLUTION APPROVING A TEMPORARY STREET CLOSURE
FOR A TRACTOR PARADE
City Clerk Jennifer Woodworth provided the staff report.
Councilmember Resendiz expressed concern that public funds were being used to support a political campaign.
City Attorney Mary Lerner stated the City cannot deny a permit based on the content and viewpoint of the event.
City Manager David Mirrione provided information regarding the costs of public events in the City.
Councilmember Burns stated all public event permit applicants pay the same fees.
Rolan Resendiz, District 2 joined the meeting at 4:34 pm.
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Adopt a resolution approving the temporary street closure of San Benito Street between Fifth Street and Nash Road for a tractor parade.
Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Morales, and Councilmember Burns
Noes (1): Councilmember Resendiz
Carried (4 to 1)
8. PUBLIC HEARINGS
8.1 A RESOLUTION AMENDING THE FISCAL YEAR 2024-25 USER FEE
SCHEDULE TO MAKE MINOR ADMINISTRATIVE CHANGES
Administrative Services Director Casey Estorga provided the staff presentation.
5 Mayor Casey opened the public hearing at 4:38 p.m.
Andy Hsia-Coron supported the City pursuing the maximum fees to help fund City services.
Mayor Casey closed the public hearing at 4:40 p.m.
Moved by: Councilmember Burns
Seconded by: Councilmember Morales
Hold a public hearing and adopt a resolution making minor administrative changes to the Fiscal Year 2024-25 User Fee Schedule.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
9. COUNCIL BUSINESS
9.1 PRESENTATION ON SINGLE USE PLASTICS
Monica Abonce with Integrated Waste Management provided the staff report.
Councilmember Morales stated information regarding potential costs of materials and labor, potential subsidies to offset costs, and resources for businesses would be helpful to understand the potential impact of the proposed ordinance prior to adoption.
Mayor Casey opened public comment at 5:06 p.m.
Andy Hsia-Coron expressed concern regarding the negative impacts of plastic materials on the environment and health of animal and human populations.
Jakki Castorena-Davila, consultant with Integrated Waste Management, reported she can share information gathered following implementation of a plastics ordinance in other jurisdictions, including enforcement.
Mayor Casey closed public comment at 5:13 p.m.
Councilmember Resendiz suggested the Council receive another presentation after the draft ordinance is released in January 2025.
9.2 CONSIDER THE FORMATION OF A JOINT POWERS AUTHORITY
(JPA) TO OVERSEE THE FIRE DISTRICT FEASIBILITY STUDY
Fire Chief Jonathan Goulding provided the staff report.
Mayor Casey opened public comment at 5:17 p.m.
L
Andy Hsia-Coron commented on the danger of fires in the region and its impact on residents and wildlife.
Elia Salinas stated the City is required to provide for the public safety of its residents and supported creation of a San Benito County Fire Protection District.
Mayor Casey closed public comment at 5:23 p.m.
Moved by: Councilmember Morales
Seconded by: Councilmember Burns
Authorize the city council representatives to the Fire Protection Advisory Committee to discuss and negotiate terms for creation of a Fire Services Joint Powers Authority (JPA) to explore formation of a Fire District in San Benito County in partnership with the City of San Juan Bautista and the County of San Benito.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
9.3 DISCUSSION RELATED TO POTENTIAL AMENDMENTS TO CHAPTER
2.04 OF THE MUNICIPAL CODE TO UPDATE THE COUNCIL CODE OF
CONDUCT
City Attorney Mary Lerner provided the staff report.
Mayor Casey opened public comment at 5:30 p.m.
Andy Hsia-Coron opposed the proposed amendments to the Council Code of Conduct.
Mayor Casey closed public comment at 5:33 p.m.
Councilmember Burns suggested if a councilmember does not have sufficient funds for an investigation, then the costs should be applied to the next fiscal year, if possible. If a councilmember does not serve in the following fiscal year, then the City may have to absorb the costs.
Mayor Casey expressed concern regarding disclosure of confidential information from closed session.
Councilmember Resendiz expressed that the proposed changes to the Council Code of Conduct could violate individual's free speech rights under the First Amendment.
7 By consensus, the City Council directed staff to make the suggested updates regarding rolling investigation costs into the discretionary funds for the following fiscal year.
9.4 LETTER TO CALIFORNIA ASSEMBLY SPEAKER ROBERT RIVAS
REGARDING HIGHWAY 25 EXPANSION
City Manager David Mirrione provided the staff report.
Councilmember Resendiz requested the project be placed on the agenda for various state legislative committees related to funding and vehicles miles traveled.
Binu Abraham, Executive Director for San Benito Council of Governments, provided additional information related to advocacy at the state and regional level.
City Manager David Mirrione stated funding legislation would have to be sponsored by a member of the legislature.
Councilmember Resendiz suggested Ms. Abraham provide monthly updates to the City Council on the project.
Councilmember Burns suggested the City may need to hire a consultant to pursue legislation for Highway 25 funding.
Mayor Casey opened public comment at 5:54 p.m.
Andy Hsia-Coron expressed the concern the state does not have additional funds for the project, and Highway 25 is not a priority at the state level.
Mayor Casey closed public comment at 5:57 p.m.
Councilmember Resendiz supported the need for the City to pursue tangible progress on Highway, including funding.
City Manager David Mirrione reported he plans to bring a contract for an outside lobbyist forward for Council consideration.
Moved by: Mayor Casey
Seconded by: Councilmember Resendiz
Authorize City staff to send a letter to California Assembly Speaker Robert Rivas regarding proposed expansion of Highway 25.
Ayes (5): Mayor Casey, Councilmember Perez, Councilmember Resendiz, Councilmember Morales, and Councilmember Burns
Carried (5 to 0)
10. INFORMATIONAL REPORTS
10.1 COMMITTEE ASSIGNMENTS
Mayor Casey reported the motorcycle rally ad hoc committee met and discussed holding a town hall style meeting to discuss the motorcycle rally.
10.2 COUNCIL REPORTS
Mayor Casey reiterated her request for a disciplinary hearing for Councilmember Resendiz at a future Council meeting.
10.3 CITY MANAGER REPORT
1. UPDATED CITY COUNCIL PROJECTS
11. CLOSED SESSION
City Attorney Mary Lerner read the closed session item titles.
Mayor Casey opened public comment at 6:23 p.m.
There were no speakers for the closed session agenda items.
Mayor Casey closed public comment at 6:23 p.m.
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 (1 case)
11.2 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Conference with Legal Counsel - Existing Litigation
Name of Case: City of Hollister v. Civic Allendale, LLC Case No. CU-24-00015
11.3 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 (2 cases)
12. ADJOURNMENT
Mayor Casey adjourned the meeting into closed session at 6:24 p.m.
Councilmember Resendiz left the meeting at 6:24 p.m.
At 7:41 p.m. the City Council adjourned closed session.
City Attorney Mary Lerner provided the following closed session report:
Councilmember Burns moved, and Councilmember Perez seconded a motion to initiate litigation against Yvonne Sanchez and The Baler Bar and Grill.
Motion carried 4-0 (Councilmember Resendiz absent).
Mayor Casey adjourned the meeting at 7:42 p.m.
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