Agenda packet — Hollister City Council, February 7, 2022 (part 2 of 2)

M. Compensatory Time Conversion to Cash
Employees may convert accumulated compensatory time to cash as follows:

a. Twice during the fiscal year an employee may request a cash payment of accumulated Compensatory Time Off (CTO).
b. Requests for payment must be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year. c. Cash payment of CTO shall be paid on the first full pay period which follows June 1st and December 1st of each year.
d. Upon separation of service from the City.

Article 6. Insurance

A. CalPERS Medical

1. Retiree Insurance Benefit

The City shall pay two hundred dollars ($200) per month toward medical insurance for unit retirees that have earned a regular CalPERS service retirement after twenty (20) consecutive years of service or more to the City of Hollister. This benefit will be paid in addition to the required CalPERS medical supplement until the retiree is Medicare eligible at which time the benefit will cease.

2. Description

The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter “Plan") is available to full-time employees (hereinafter “Employees"). There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.

B. Health Insurance Options

The City shall provide employees with the choice of participating in either the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CALPERS or the Anthem Blue Cross HMO program.

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

1. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.

2. The City shall contribute towards the PEMHCA or Anthem Blue Cross HMO medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.

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3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:

A. The City will continue to contribute the following same dollar An amount as it is currently contributing up to and not to exceed the City’s contribution towards medical insurance, based upon either the Anthem Blue Cross HMO or the current PEMHCA’s PERS Choice medical plans, on PEMHCA’s Platinum Plan for Calendar year 2022 whichever plan is the lessor of the two plans.

Employee Only $1,000.00
Employee Plus One $1,970.00
Employee Plus Family $2,520.00

The required contribution for employees electing dependent coverage will be in accordance with Section [E] below.

B. For Calendar Year 2023, the City will increase its contribution by the actual increase or an amount not to exceed 10%.

C. An amount equivalent to the City’s contribution towards dental insurance.

The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

D. An amount equivalent to the City’s contribution towards vision insurance.

The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

4. In the event that surplus Flex Credits are available, all Association Employees shall have the option to allocate such Flex Credits to one or more of the following:

A. Union Employees’ Flexible Spending Account.

B. Roth Individual Retirement Account (IRA).

C. ICMA or City-authorized 457 Deferred Compensation Plan.

If an Association Employee’s residual “Flex Credits” are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

5. Employees who waive either dental and/or vision coverage shall have the option to apply available flex credits towards the cost of any optional premium listed in the respective sections below. The cost of the optional premium not covered by available flex credits shall remain the employee’s responsibility.

6. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section [J] below.

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D. Terms for Health Care Participation

Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.

E. Health Care Contributions

1. Employee-only Premium

The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this M.O.U. for each member of the unit for the term of this M.O.U. Calendar Year 2022. The employee-only premium for medical insurance shall be based on the lessor premium of either PEMHCA's PERS Choice plan or Anthem Blue Cross HMO plus the current PORAC monthly membership in accordance with Section [C] above. .

2. Employee Option for Dependent Coverage

Starting Calendar Year 2022, for those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage based upon the lessor premium of either PEMHCA’s PERS Choice plan or Anthem Blue Cross HMO in accordance with Section [C] above plus the current PORAC monthly membership, so that the employee pays no more than the following: This section does not affect the current coverage for Calendar Year 2021.

Medical - One Dependent $ 32.55
Medical - Family $ 57.54
Dental - One Dependent $ 8.69
Dental - Family $ 19.34
Vision - One Dependent $ 13.92
Vision - Family $ 13.92

F. Vision Insurance

The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this M.O.U.

The City shall offer vision care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

G. Dental Insurance

The City shall offer dental care insurance for employees and qualified dependents as a pre-tax flexible benefit option. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

H. Life Insurance

The City shall continue to provide term life insurance, at its cost, through the CSFA A.5.a
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Plan 2 for each member of the unit for the term of this M.O.U.

I. Long Term Disability Insurance

1. The City agrees to pay the premiums for the California State Firefighters association (CSFA) Long Term Disability insurance plan for each represented member of the unit for the term of this M.O.U.

J. Health Insurance Opt-out Waiver Cash Incentive Option

1. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:

$535 Employee Only
$1,075 Employee plus one
$1,380 Employee plus family

The compensation will be based on the employer’s contribution towards the premiums for the City's health plan at the level in which the employee was participating (employee only, employee plus one dependent, employee plus two or more dependents) at the time of waiving City insurance coverage in accordance with Section [3] below. This cash amount will be paid as part of the employee's bi-weekly payroll.

2. Employees within this bargaining unit shall be eligible to elect not to participate in the City’s health care program only after participating under the same level of the City’s health care insurance plan for a minimum period of one year immediately preceding the election.

3. Employees within this bargaining unit electing not to participate in the City's health care insurance program must annually provide proof of medical insurance coverage in order to maintain payment under this waiver option.

4. In addition to the coverage options specified under Article 6. Insurance of the Memorandum of Understanding between the City of Hollister and Hollister Firefighters Union, the following optional health benefits shall be available to the employees of this bargaining unit.

K. Optional Health Benefits

Employees that have elected to participate in a City offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making all elections required to participate in the medical insurance, the employee can use that surplus toward optional qualified insurance benefits or one or both of the pre-tax spending accounts. Employees that wish to participate in the optional benefits plan, but do not have any surplus credits, can elect to have pre-tax payroll deductions in an amount to cover the cost of their elections.

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Employees may pay the premiums for the following benefits on a voluntary basis:

- Medical Insurance
- Dental Insurance
- Vision Insurance
- Group Term Insurance up to $50,000 for Employees only - Accidental Death and Dismemberment Insurance
- Short Term Disability
- Cancer Insurance
- Supplemental Health Insurance
- Accidental Only Insurance
- Intensive Care Insurance

L. Flexible Spending Accounts (FSA's)

The City agrees to establish a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law.

The City agrees to establish a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,500) per year per employee.

M. Voluntary Life Insurance

The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier.

Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.

N. Miscellaneous

The City of Hollister does not allow the employee to take the surplus credits in taxable cash.

For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage for the employee and his/her dependents at no cost to the employee.

Article 7. Career Incentive Program

Unit members may qualify for and receive additional compensation based on and subject to the following requirements and procedures:

A. Career Incentive Program

1. Unit members shall be eligible for additional compensation of $100 per month upon successful completion of probation as a Hollister Firefighter and upon successful completion of ten (10) semester units or 200 hours in Fire Science Curriculum or some equivalent job-related program in an approved A.5.a
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class, lecture, seminar, etc. Units or instruction in the Hazardous Materials Program and/or the Emergency Medical Technician Program, shall not be qualifying under this program.

2. Upon attainment of the $100 per month Career Incentive Program Premium, a unit member shall be required to successfully complete three (3) units in the fire science curriculum or sixty (60) hours of instruction in an approved class, lecture, seminar, etc. within every 24 month period following the date they initially qualified for the additional $100 per month compensation in order to continue to receive the additional $100 per month.

B. Specialty Incentive Program

1. Employees described above, who successfully completed probation as a Hollister Firefighter and who successfully completed the Hazardous Materials Technician/Specialist program, shall receive $100 per month for such time as they hold and maintain the Hazardous Materials Technician/Specialist Certification on a current basis and actually perform the duties.

2. EMT pay of $170 per month will be converted to a percentage and added to the base salary

Article 8. Job Related Disabilities And The Americans With Disabilities Act

A. Job Related Disabilities

City agrees to comply with the Labor Code of the State of California for employees within this unit deemed disabled or temporarily disabled as a result and because of such job related injury which requires them to be absent from active City service.

B. Americans with Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA).

Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.

The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality.

Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Union of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.

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Article 9. Uniform Allowance and Safety Equipment

A. Uniform Allowance

1. New employees represented by this unit, shall be provided an initial uniform clothing issue of three (3) shirts, three (3) pairs of pants, one (1) belt, one (1) jacket, one (1) name tag, and one (1) pair of CAL-OSHA approved steel-toed boots.

2. The City agrees to provide each represented employee of the unit with a uniform allowance of eight hundred fifty dollars ($850) annually. This clothing allowance shall be paid in twenty-four (24) equal installments.

Clothing damaged in the line of duty shall be repaired or replaced at City expense. Replacement shall be done on the basis of depreciation subject to City and employee expense. If agreement cannot be reached between City and the employee on value, a third party shall be used to determine depreciation of any garments.

3. The purchase of Class [A] Dress Uniforms shall by at the unit member's sole expense.

B. Safety Equipment

The City agrees to continue to provide all necessary protective clothing; CAL-OSHA approved steel-toed boots, safety equipment and devices for represented members of this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment.

Article 10. Grievance Procedure

This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by employees covered by the M.0.U.

A. Definition

A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement which adversely affects the grievant.

B. Stale Grievance

A grievance shall be void unless filed in writing within fifteen (15) calendar days from the date upon which the City is alleged to have misinterpreted or misapplied this agreement, or with fifteen (15) calendar days from the time an employee might reasonably have been expected to have learned of the alleged misinterpretation or misapplication. Such discovery period shall not exceed 180 days regardless of the date of discovery. In no event shall a grievance include a claim for money relief for more than the fifteen (15) day period plus such reasonable discovery period.

C. Informal Discussion with Employee's Supervisor

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Before proceeding to the formal grievance procedure, an employee shall discuss his/her grievance with his/her immediate supervisor in private and attempt to work out a satisfactory solution. Any solution reached at this level must be confirmed in writing by the Personnel Officer to assure compliance with this agreement before it has any binding effect.

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within seven (7) calendar days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the department head and subsequent steps will be followed as outlined in this section.) The formal written grievance shall specify the provisions of this M.O.U., the City Personnel Rules or Department Rules alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within seven (7) calendar days from receipt of the formal written grievance. The grieving employee shall have seven (7) calendar days from the receipt of the supervisor's written response or from the date of the Personnel Officer's written confirmation or non-confirmation (whichever is later) to file an appeal to the next level.

E. Grievance to Department Head/City Manager

The department head or the City Manager, if the department head was the grievant’s immediate supervisor, shall have seven (7) calendar days in which to review and answer the grievance in writing. Unless waived by mutual agreement of the employee or his/her representative and the department head or City Manager, a meeting is required at this level and the employee and his/her representative shall have the right to be present and participate in such a meeting. The time limits at this level may be extended by mutual agreement between the department head or City Manager and the employee or his/her representative.

F. Waiver of Appeal Steps

If the grievance is not resolved after the immediate supervisor has answered it in writing, the grievant(s) and the department head may, by mutual agreement, waive review of the grievance at Step [E] and proceed to present the grievance to the City Manager.

G. Advisory Fact Finding of Grievances

In the event the grievance is not resolved by the City Manager, the recognized employee organization may within fifteen (15) calendar days after receipt of the decision of the City Manager, request that the grievance be heard by a Fact Finder.

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H. Selection of a Fact Finder

The fact finder shall be selected by mutual agreement between the City and the Association. If the parties are unable to agree on the selection of a fact finder, they shall jointly request the State Mediation and Conciliation Service to submit a list of five (5) qualified Fact Finders. The City and the grievant, or his/her representative, shall then alternately strike names from the list until only one name remains, and that person shall serve as Fact Finder.

I. Duty of Fact Finder

Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the fact finder to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be advisory in nature.

The proposed disposition shall be based solely on the interpretation of the applicable provisions of the M.0.U. and other personnel rules if applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the M.O.U. or such rules.

J. Payment of Costs

Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith. All fees and expenses of the fact finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.

K. Effect of Failure Of Timely Action

Failure of the employee(s) to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond with the time limit at any step shall result in an automatic advancement of the grievance to the next step.

Article 11. Leave

The City shall continue the current sick leave, bereavement leave, family sick leave, emergency leave and vacation rules as defined in this article for the term of this M.O.U.

A. Sick Leave

Employees represented by this bargaining unit who are assigned to work a twenty-four (24) hour shift shall accumulate Sick Leave at the rate of eleven point two-five (11.25) hours per month. The use of Sick Leave shall be on an hour-for-hour basis. An A.5.a
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employee may return from Sick Leave at any time during his/her working shift at the discretion of the City.

B. Bereavement Leave

Bereavement Leave is a separate paid leave which is available to all employees at the time of death or funeral of a member of the employee's immediate family as defined below:

Wives/Husbands Grandparent(s) Aunts
Children Grandchildren Uncles
Step Children Mothers-in-law Nieces
Fathers Fathers-in-law Nephews
Mothers Sisters-in-law Legal Guardians
Brothers Brothers-in-law Domestic Partner
Sisters Grandparents-in-law

Bereavement Leave shall not exceed 24 hours for the death of a member of the employee's immediate family. The employees shall have the option to use up to an additional 48 hours from his/her regular Sick Leave accumulation for Bereavement Leave, when necessary.

C. Family Sick Leave - Within Existing Benefit

An employee may be granted up to a total of 48 hours of Sick Leave in a twelve (12) month period for the purpose of caring for a husband, wife, children (including stepchildren or foster children), domestic partner, or any other person living in the same household as the employee.

D. Emergency Sick Leave - Within Existing Benefit

An employee may be granted leave chargeable to Sick Leave for the purpose of responding to members of the immediate family's emergency or illness or injury.

Definition of immediate family is the same as defined in Subsection B. above.

E. Vacation

Each employee in the bargaining unit shall accumulate vacation with pay based on the following:

0 through 5 Years 5 Working Shifts
6 through 10 Years 7 Working Shifts
Over 10 Years 10 Working Shifts

Maximum Accrual

Bargaining unit employees may only accumulate a maximum of fourteen (14) shifts A.5.a
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(336 hours) or 30 days (240 hours) for 40 hour a week unit employees of vacation without the authorization of the City Manager.

Accumulated vacation time of more than eighteen (18) shifts (432 hours) or 38.5 days (308.5 hours) for 40 hour a week unit employees requires prior written authorization by the City

Any Bargaining Unit Employee who either terminates or retires from the City shall be compensated for a maximum of fourteen (14) shifts (336 hours) or 30 days (240 hours) for 40 hour a week unit employees at the employee' s hourly rate of pay at the time of retirement from City service.

Vacation Conversion to Cash

Unit Employees may cash out vacation leave hours in the increments of ten (10) hours as long they maintain a minimum balance of 240 hours, it has been budgeted, and must have the City Manager's Approval. Compensation for vacation leave cashed out will be made at the employee's base rate of pay at the time of cash out.

Request for payment of vacation time shall be made in writing to the Finance Department at least thirty (30) days in advance.

Payments of cashed-out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.

F. LEAVE

Scheduled time off will include (Vacation, Holiday, and Compensatory time) and will be limited to three (3) personnel off per shift. Personnel must submit a formal request forty-eight (48) hours prior to the date that is being requested for time off. Scheduled time off does not include sick leave, worker’s compensation, special assignments, or any unfilled positions. The above stated shall apply to the ranks of Captain, Engineer, and Firefighter. Staffing is currently eleven (11) personnel per day, as additional personnel are hired the number of allotted personnel off may need to increase.

Article 12. Working Hours

The City and the Union agree that the number of hours of duty shall be an average of fifty-six hours per week. The shifts shall be designated "A'', "B", and "C". Each working shift shall be of twenty-four hour duration and shall commence at 0800 Hours and terminate at 0800 Hours the following day. The City shall be responsible for posting the work schedule.

Those Members of the Bargaining Unit will be excluded from a 56 hour per week when assigned to a temporary 40 hour work schedule for one (1) year.

For purposes of determining Fair Labor Standard Act (FLSA) overtime the City shall use a twenty-four (24) day work period. This Fair Labor Standard Act (FLSA) work period shall remain in effect until changed by City resolution.

The Union and City agree that the normal shift for the Department will be known as the 4/6 A.5.a
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schedule. Any personnel required to change shifts will rotate duty in such a manner so that the cycling will be completed in a twenty-eight (28) day period.

Paid Vacation Leave, paid Compensatory Time-off, and the first thirty (30) calendar days (or 10 shifts, whichever occurs first) of said Sick Leave shall count as hours worked for the purpose determining overtime eligibility and entitlement pursuant to the provisions for the Fair Labor Standard Act (FLSA). Paid Sick Leave beyond thirty (30) calendar days (or 10 shifts, whichever occurs first) and any disability leave (such as 48/50 time, etc.) and any unpaid time shall not count as time worked for purposes of determining entitlement for overtime.

Article 13. Miscellaneous

A. Residency

Unit employees hired after ratification of this M.0.U. shall within eighteen (18) months of employment, be required to move within ninety (90) driving minutes of the City of Hollister city limit. Upon request, the "Residency Limit" Period of an employee of this unit may be extended by the Department Head, for a reasonable period, not to exceed three (3) months.

B. Professionalization

1. Unit members shall be required to perform all duties related to the Hollister Fire Service as determined by the Department Head and with reference to the job description. Related duties shall include routine maintenance and repair of fire station and equipment and care of station grounds.

2. All Fire Captain appointments shall require and must maintain a valid Fire Officer Certification.

3. All unit employees shall possess a valid Emergency Medical Technician (EMT) Certification.

4. All unit employees shall participate in a Departmental-sponsored physical fitness program a minimum of one (1) hour per shift.

C. Bulletin Board

During the term of the agreement, the City of Hollister shall provide space for the installation and maintaining of bulletin boards in convenient places at each station and work area by employees of the Fire Department of the City of Hollister for use by the Hollister Firefighters Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. Any such notices or bulletins need not be approved by the City of Hollister

D. Payroll Deduction Of Dues

The City, upon receipt of a signed payroll authorization, agrees to deduct, biweekly, dues in an amount certified to be current by the Union. The total amount of such deductions shall be remitted, one each month, by the City to the Union.

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E. Shift Exchanges

During the term of the agreement, employees of the Fire Department of the City of Hollister, upon written request and wish consent of the City, may exchange shifts,

provided, however, that such exchange does not interfere with the operation of the Fire Department of the City of Hollister. Approval or denial with reasons thereto shall be timely given in writing.

F. Minimum Staffing Provisions

The following provisions shall apply for the Hollister Fire Department:

The minimum staffing standard shall be provided for in the Hollister Fire Department's operating policy. In the event call back is exhausted and a replacement person is not found, the on duty, paid professional, career employee Firefighter shall remain on duty until a paid professional, career employee Firefighter can return to return to work.

Any time after normally scheduled work hours shall be paid at time and one half.

This time may be paid or taken as CTO at the employee's request.

During special events, Bargaining Unit work will be offered to Career-paid Professional Firefighters before engaging others.

G. Unit Staffing

Whenever possible, apparatus will be staffed by three (3) professional Firefighters.

However; this does not establish Mandatory Minimum Staffing Levels.

A Unit will be defined as Captain, Engineer, and Firefighter.

H. Payroll Direct Deposit

The City will continue to offer and strongly encourage the use of the optional City wide direct deposit for payroll checks. Upon submitting a deposit slip and voided personal check, and completing the necessary authorization forms, direct deposit will be implemented.

I. Sick Leave Conversion to Cash

Eligible unit employees may convert a percentage of accrued, unused Sick Leave to cash at death or retirement from City employment. The provisions for this policy are as follows:

1. Employees of this unit may not "cash out" or be compensated for any of the first 240 hours of Sick Leave accrued.

2. Any current employee of this unit having completed 10 years of A.5.a
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continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for 50% of accrued, unused Sick Leave in excess of 240 hours at the hourly rate of pay at the time of retirement from City service.

3. The surviving spouse, beneficiary(s), dependent(s) or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for 50% of accrued, unused Sick Leave in excess of 240 hours at the employee's hourly rate of pay at the time of death.

4. Any current employee of this unit having completed 10 years of continuous service with the City and having an unused Sick Leave accrual balance exceeding 500 hours may, at their option, "cash out" up to a maximum of 135 hours (12 days) of unused Sick Leave annually as long as the "cashed out" hours do not diminish the unused Sick Leave accrual balance to an amount less than 500 hours.

5. Compensation for unused, accrued Sick Leave will be made at the employee's rate of pay at the time of "cash out". Requests for payment of unused Sick Leave as described herein, shall be made in writing to the Finance Department at least 30 days in advance of June 1st and December 1st of each year.

6. Payments of "cashed out" unused Sick Leave will be made on the first pay day which follows June 1st and December 1st of each year.

Payment for unused Sick Leave shall be made in the regular payroll check issued for that pay period.

J. Physical Fitness and Wellness Program

The City shall continue to work with the Union during the budgetary process of each Fiscal Year under the term of the M.O.U. to identify possible funds for maintaining safe and adequate physical fitness equipment to meet the Fire Department sponsored Physical Fitness and Wellness Program requirements. This program shall be incorporated into the "Wellness and Loss Prevention" Program currently under development by the City's Risk Management Office.

K. Tuition Reimbursements

The City will reimburse Union members up to Thirty Five Hundred dollars ($3,500) per fiscal year for tuition reimbursements.

L. New Employee Orientation

During New Employee Orientation, the bargaining unit will be allowed a total of fifteen (15) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.

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M. Order of Layoff

1. The order of layoff of employees within a class or classes subject to layoff shall be:

a. Part-time or Paid Call Firefighter (PCF) Employees
b. Probationary Employees
c. Permanent Employees

2. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first.

3. In the Event of layoffs the Volunteer Program will be discontinued

N. Re-employment

1. Employees demoted in lieu of layoff shall have a priority right to return to their prior classification and pay grade without having to retest for said classification

2. Employees laid off shall have the right to be reinstated to that prior classification and pay graded at the time of layoff. This right shall remain in effect for three (3) years from the date of separation.

4. All members who leave the City's employment and return to the City within eighteen (18) months will be placed on three (3) month probation with regard to:

a. Left the City in Good Standing
b. Achieved at least "satisfactory" marks on their last evaluation with the City of Hollister.
c. Retain the benefit package which said employee left with d. Loss of seniority

5. A sworn Career Full Time member who leaves in good-standing from the City of Hollister Fire Department must submit an application within eighteen (18) months of separation. The said member will not be required to test or submit to an oral board. However, the said member must have all minimum requirements for the position.

O. Bidding Procedure for Local 3395

The shift bids will be effective for two (2) years and will take effect on the first full pay period in January of the following year. Shift Bid process will be voted on every two (2) years to give the membership the option of a full rebid. All union Members will be notified by email/ text of the date bids will occur. Notification of bid date will also be posted at each station on the union bulletin board.

The shift bid process will take place the following Monday after November union A.5.a
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meeting. The Union President (or his/her designee) and Vice-president (or his/her designee) will be the representatives of the Union and facilitate the process with the Fire Chief. Union Members shall submit their bid request to the above stated union representatives no later than the day before the bid process.

Order of bidding is as follows:

1. Captains – (by seniority in rank)

2. Engineers – (by seniority in rank)

3. Firefighters – (by seniority in rank)
(Firefighters must complete probation before having the right to shift bid)

Permanent vacancies that occur as a result of retirement, promotion, termination, etc. will go out for bid by seniority within that rank.

Article 14. Maintenance of Operations

The Union agrees that during the term of this M.O.U. and for the period of time necessary for the meet and confer process to conclude a successor M.O.U., neither the Union, nor any representative acting on its behalf, will cause, authorize, engage in, condone or sanction a strike, sick-in, work stoppage, slow down, picketing (other than informational picketing on the employees' own time), concerted of individual failure to report for duty, unauthorized absence, including compliance with a request of another unit's labor organization to engage in or honor such activities against the City, or any activity by any other euphemism known which results in less than the full and faithful performance of any duties of employment.

If the City determines that the Union has engaged in any activity mentioned above, the City may order the forfeiture of all rights and privileges, or any portion thereof, of the Union.

If the City determines that an employee has engaged in any activity above, the employee may be subject to disciplinary action up to and including discharge from City service.

Article 15. Prevailing M.O.U.

In the event of a conflict between a specific provision of this M.0.U. and a written rule, regulation, or solution of the City or any of its divisions, the terms of the M.O.U. shall prevail and said written rule, regulation, or resolution shall be physically amended to conform to the specific provisions of this M.O.U.

Article 16. Union Business

Employees elected as representatives of the Union shall be granted a maximum of three (3) days leave during the fiscal year, based upon need, without loss of pay, for Union business to include, but not be limited to, attendance at conventions, conferences and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules. Two (2) members of the Negotiating Committee shall be allowed time off, without loss of pay, for the purpose of meeting and conferring regarding a successor agreement to this
M.O.U.

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Article 17. Drug Free Workplace Policy

The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92-116 (August 3, 1992), is incorporated by reference into this Memorandum of Understanding.

Article 18. Savings Clause

If any article or section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any article or section, the City and the Union agree to meet within thirty (30) days for the purpose of meeting and conferring upon said article or section.

Article 19. Promotional Probation

All employees who are promoted to a higher rank will be on probation for 12 months. The Chief or his/ her designee will conduct a quarterly evaluation of the newly promoted employee. The decision to grant permanent status will be determined following the final job related performance evaluation.

Article 20. Labor and Management Committee

The City and Union agree that the City Administration and the Union will establish a Labor and Management Committee to address issues which are not covered by the Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers-Milias-Brown Act.

Article 21. Layoff Policy

Utilizing the newly formed Management Committee, the Committee, the Administrative Services Department, and the City Manager will develop a Departmental Layoff Policy to be submitted for review and approval to the City Council.

Article 22. Bidding System

The City and the Union agree that the Administration and the Union will meet within six (6) months of ratification of the M.O.U. to develop a bid system policy to cover all positions that are represented by the Union.

The Fire Chief, or his/ her designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies, and provide required training to individual personnel. Such assignments will be based on seniority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purpose of this article, seniority shall be computed from the date of entry into the current classification.

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Article 23. Disciplinary Appeal Procedures

1) Purpose and Applicability

A. The disciplinary appeals procedures set forth herein are adopted pursuant to Government Code section 3254.5 of the Firefighter s Procedural Bill of Rights Act.

B. These disciplinary appeals procedures supersede and replace the Hollister Fire Department’s Manual of Operations, Code 1-8-2, Section 2.09, “DUE PROCESS and APPEAL for all disciplinary actions commenced after the date of execution of this agreement and for any disciplinary action with charges based on events and circumstances involving the Firefighter’s performance of his or her official duties.

C. These procedures apply to all non-probationary Firefighters. Probationary employees and at-will employees shall not have rights to the procedures in this policy.

D. For disciplinary charges based on events and circumstances not involving the Firefighter’s performance of his or her official duties, any disciplinary appeal will be according to the City’s Personnel System Rules and Regulations, if an appeal is required pursuant to those Rules and Regulations.

2) Definitions

A. The term “Firefighter” means a public safety employee who is considered a “Firefighter” under Government Code section 3251 (a).

B. The term “punitive action” is defined by Government code section 3251(c), as may be amended from time to time, and is currently defined as “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” The term “punitive action” is limited to charges based on events and circumstances involving the Firefighter’s performance of his or her official duties.

3) Informal Hearing for Appeal of a Lesser Punitive Action

Pursuant to Government Code section 11445.20, the following informal hearing procedure shall be utilized for an appeal by a Firefighter of a punitive action not involving a discharge, demotion, unpaid suspension, or reduction in base salary (examples: written reprimand, transfer for purposes of punishment without reduction in base salary, etc.).

A. No Pre-Disciplinary Notice: A Firefighter facing punitive action not involving a discharge, demotion, unpaid suspension, or reduction in base salary (examples:

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written reprimand, transfer for purposes of punishment without reduction in base salary, etc.) will not receive prior notice or an opportunity to be heard before discipline is imposed.

B. Notice of Appeal: Within seven (7) calendar days of the effective date of a lesser punitive action subject to this informal hearing procedure, the Firefighter shall action. The Notice of Appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

C. Notice of Hearing: Within fourteen (14) calendar days of the City’s receipt of the Firefighter’s Notice of Appeal, the Fire Chief or his/her designee shall serve the Firefighter with a Notice of Hearing that indicates the City has chosen to proceed according to the informal hearing process outlined herein. The Notice of Hearing shall state the time and place of the informal hearing. A copy of this informal hearing procedure shall be attached to the Notice of Hearing.

D. Presiding Officer: In an informal hearing, the Fire Chief or his/her designee shall be the Hearing Officer. The Fire Chief or his/her designee shall conduct the informal hearing in accordance with these procedures. The determination of the Fire Chief shall be final and binding. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code section 11425.40, then the City Manager or his/her designee shall serve as the Hearing Officer. In such cases, the determination of the City Manager shall be final and binding.

E. Burden of Proof: The employer shall bear the burden of proof at the hearing or not, as follows:

1) If the action being appealed involves allegations originating from a licensing or certifying agency as defined in the Firefighter s Procedural Bill of Rights Act, the limited purpose of the hearing shall be to provide the Firefighter the opportunity to establish a record of the circumstances surrounding the action.

2) If the punitive action involves charges of misconduct that the City has originated, the City shall have the burden of proving the following: (1) by a preponderance of the evidence, the facts which form the basis for the charges occurred; and, (2) that the level of penalty was reasonable under the circumstances.

F. Conduct of Hearing

1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude or limit evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. The Presiding Officer may limit the use of witnesses, testimony, evidence and argument. There is no right of intervention, discovery, or prehearing conferences.

2) The parties may present opening statements.

3) The parties may present evidence through documents and testimony.

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a) Witnesses shall testify under oath.

b) Subpoenas may be issued pursuant to Government Code sections 11450.05-11450.50.

c) The parties are not entitled to confront and cross-examine witnesses.

4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer.

G. Recording of the Hearing: If the punitive action is City-originated and involves the loss of compensation, then the hearing shall be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.

H. Representation: The Firefighter may be represented by a representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the Firefighter.

I. Decision: The decision shall be in writing pursuant to Government Code section 11425.50. The decision shall be served by first class mail, postage prepaid, upon the Firefighter as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the Firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure section 1094.6.

4) Formal Hearing Procedure For Appeal Of a Punitive Action Involving Discharge, Demotion, Unpaid Suspension of Greater than 48 Hours, or Reduction in Base Salary

A. Applicability: The formal hearing procedure applies only to a punitive action at the level of discharge, demotion, unpaid suspension, or reduction in salary. The term “punitive action” applies only to charges based on events and circumstances involving the Firefighter’s performance of his or her official duties.

B. Notice of Discipline as Accusation: The Final Notice of Discipline, which may be issued at the conclusion of any pre-disciplinary procedures, shall serve as the Accusation as described in Government Code sections 11500, et seq.

Pursuant to Government Code section 3254(f), the discipline shall not be effective sooner than 48 hours after issuance of the Final Notice of Discipline.

The Final Notice of Discipline shall be prepared and served in person or by registered mail. Pursuant to Government Code section 11505, subdivision (b), the Final Notice of Discipline shall include the language provided in the statute to advise the employee of his or her right to request a hearing by filing a Notice of Defense as provided in Government Code section 11506. The Final Notice of Discipline will be accompanied by a “Notice of Defense” for such purpose.

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Two (2) copies of Sections 11507.5, 11507.6, and 11507.7 of the Government Code shall be provided to the Firefighter concurrently with the Final Notice of Discipline.

C. Notice of Defense: In accordance with Government Code section 11506, if the Firefighter intends to appeal the punitive action, within fifteen (15) calendar days after service of the Final Notice of Discipline on the Firefighter as set forth above, the Firefighter shall the. The Notice of Defense must be signed by either the Firefighter or on his or her behalf, and must include the mailing address of the Firefighter and/or his or her representative. Failure to file a timely Notice of Defense constitutes a waiver of the Firefighter’s right to a hearing.

D. Amended or Supplemental Materials: Pursuant to Government Code sections 11507 and 11516, at any time before or after the case is submitted for decision, the City may file an amended or supplemental Accusation. All parties must be notified of the amended or supplemental Accusation.

E. City Manager as Personnel Officer: Pursuant to City Council Resolution No. 2020-18, the City Manager, or his or her designee, as the City’s Personnel Officer, will act for the City in all aspects of the disciplinary appeal process.

F. Administrative Law Judge: Every hearing shall be presided over by administrative law judge(“ALJ”) on staff of the State Office of Administrative Hearings. In each case, the Personnel Officer will decide, pursuant to Government Code sections 11512 and 11517, whether the Personnel Officer will hear the case originally with the assistance of an ALJ presiding, or whether the ALJ will originally hear the case alone and provide a proposed decision to the Personnel Officer.

When the Personnel Officer hears the case originally, the ALJ shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Personnel Officer on matters of law; the Personnel Officer shall exercise all other powers relating to the conduct of the hearing but may delegate any or all of them to the ALJ. When the ALJ alone hears a case, he or she shall exercise all powers relating to the conduct of the hearing. In conducting the hearing, the ALJ shall follow the evidentiary standards described in section 11513 of the Government Code.

G. Time and Place of Hearing: Pursuant to Government Code section 11508, the Personnel Officer will consult with the Office of Administrative Hearings and will select a time and location for the hearing.

H. Notice of the Hearing: Notice of the hearing shall be provided to the parties pursuant to Government Code section 11509. The City will mail or deliver a written notice of the hearing with the information required by Government Code section 11509, no later than 10 days prior to the hearing.

I. Recording of the Hearing: The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically.

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J. Decision: The final decision will be reduced to writing, include a statement of the factual and legal basis for the decision, and shall be final and binding on the parties. The decision will be filed as a public record. The Personnel Officer’s written decision shall be served by first class mail, postage prepaid, upon the Firefighter as well as his/or her attorney or representative. It shall be accompanied by an affidavit or certificate of mailing. Finally, the Personnel Officer shall advise the Firefighter that the time within which judicial review of the decision may be sought is 90 days from the date of mailing, as governed by Code of Civil Procedure section 1094.6.

Article 24. Term and Reopener

The term of this Memorandum of Understanding shall commence on July 1, 201821 and shall expire June 30, 20214, unless otherwise agreed to by both parties. It is also agreed to by both parties to initiate the "Meet and Confer" Process in a timely fashion, exchanging written proposals at least thirty (30) days prior to the termination of this agreement.

CITY OF HOLLISTER HOLLISTER FIREFIGHTERS UNION

Dated Dated

By By
Brett I. Miller, City Manager Josh Buzzetta, Union President

By____________________________ By
Linzie L. Daniel, City Negotiator Vince Grewohl, Vice President

By____________________________ By
Diana Hillstock, City Negotiator Jarred Utzig, Secretary

By
John Parrinello, Treasurer

By
James Phil Rossi, Negotiator

By
Tony Spitaleri, Chief Negotiator

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MEMORANDUM OF UNDERSTANDING

between the

City of Hollister

and the

HOLLISTER FIREFIGHTERS UNION (H.F.F.U.) – LOCAL 3395

July 1, 2021 – June 30, 2024
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TABLE OF CONTENTS

Article 1. Preamble Page 1

Article 2. No Discrimination Page 1

Article 3. Recognition Page 1

Article 4. Maintenance of Benefits Page 1

Article 5. Salary and Special Compensation

A. Salary Adjustments Page 1
B. Fire Engineer Salary Separation Page 2
C. Deferred Compensation Plan Page 2
D. Longevity Pay Page 2
E. Retirement Page 2
F. Overtime Page 3
G. Call Back Pay Page 3
H. Bilingual Skills Pay Page 3
I. Working out of Class Pay Page 4
J. Holiday Compensation Page 4
K. Promotions Page 5
L. Compensatory Time Conversion to Cash Page 5

Article 6. Insurance

A. CalPERS Medical Page 5
B. Health Insurance Options Page 5
C. Section [125] Flexible Benefits/Cafeteria Plan Page 6 D. Terms for Health Care Participation Page 7
E. Health Care Contributions Page 7
F. Vision Insurance Page 7
G. Dental Insurance Page 7
H. Life Insurance Page 7
I. Long Term Disability Insurance Page 7
J. Health Insurance Waiver Option Page 7
K. Optional Health Benefits Page 8
L. Flexible Spending Accounts (FSA’s) Page 9
M. Voluntary Life Insurance Page 9
N. Miscellaneous Page 9

Article 7. Career Incentive Program

A. Career Incentive Program Page 9
B. Specialty Incentive Program Page 9

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Table of Contents (Continued)

Article 8. Job Related Disabilities and the Americans with Disabilities Act

A. Job Related Disabilities Page 10
B. Americans with Disabilities Act Page 10

Article 9. Uniform Allowance and Safety Equipment

A. Uniform Allowance Page 10
B. Safety Equipment Page 11

Article 10. Grievance Procedure

A. Definition Page 11
B. Stale Grievance Page 11
C. Informal Discussion with Employee's Supervisor Page 11 D. Formal Written Grievance to Employee's Supervisor Page 11 E. Grievance to Department Head/City Manager Page 12
F. Waiver of Appeal Steps Page 12
G. Advisory Fact Finding of Grievances Page 12
H. Selection of a Fact Finder Page 12
I. Duty of Fact Finder Page 12
J. Payment of Costs Page 13
K. Effect of Failure of Timely Action Page 13

Article 11. Leave

A. Sick Leave Page 13
B. Bereavement Leave Page 13
C. Family Sick Leave – Within Existing Benefit Page 14 D. Emergency Sick Leave – Within Existing Benefit Page 14 E. Vacation Page 14
F. Leave Page 15

Article 12. Working Hours Page 15

Article 13. Miscellaneous

A. Residency Page 15
B. Professionalization Page 15
C. Bulletin Board Page 16
D. Payroll Deduction of Dues Page 16
E. Shift Exchanges Page 16
F. Minimum Staffing Provisions Page 16
G. Unit Staffing Page 17
H. Payroll Direct Deposit Page 17
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Table of Contents (Continued)

I. Sick Leave Conversion to Cash Page 17
J. Physical Fitness and Wellness Program Page 18
K. Tuition Reimbursements Page 18
L. New Employee Orientation Page 18
M. Order of Layoff Page 18
N. Re-employment Page 18
O. Bidding Procedure for Local 3395 Page 19

Article 14. Maintenance of Operations Page 19

Article 15. Prevailing M.O.U. Page 20

Article 16. Union Business Page 20

Article 17. Drug Free Workplace Policy Page 20

Article 18. Savings Clause Page 20

Article 19. Promotional Probation Page 20

Article 20. Labor and Management Committee Page 20

Article 21. Layoff Policy Page 21

Article 22. Bidding System Page 21

Article 23 Disciplinary Appeal Procedures Page 21

Article 24. Term and Reopener Page 25

______________________________________________________________________________

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Article 1. Preamble

This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as "City", and the Hollister Firefighters Union, hereinafter referred to as "Union". This Memorandum of Understanding hereinafter referred to as "M.O.U.", is subject to Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers-Milias-Brown Act and the Employer-Employee Relations Resolution of the City of Hollister.

Article 2. No Discrimination

The City and the Union will cooperate in pursuing a policy of no discrimination of affirmative action.

Any management established City advisory employee committee relating to affirmative action shall provide for Union representation on said committee. The City and Union further agree that no person employed by, or applying for employment, shall be discriminated against because of race, religion, creed, political affiliations, color, national origin, ancestry, age, or sex, unless defined as a bona-fide occupation qualification as defined by Federal or State law. The employer also agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union.

Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.

Article 3. Recognition

Pursuant to Section 3500-3510 of the Government Code, the City certifies the Union as the recognized employee organization for a unit including the classifications of Battalion Chief, Fire Captain, Fire Engineer, Firefighter and any other classes assigned to the Fire Department except clerical and management.

Article 4. Maintenance of Benefits

The articles included in this agreement constitute a full and complete agreement with the City and Union on all matters within the scope of representation for the period stated in Article 19. Term.

All present resolutions, ordinances, rules and regulations, practices and policies covering matters within the scope of representation will continue in force and effect during said period without change, except to conform to the terms of this M.O.U., subject to meet and confer. Notice of any matter proposed to be changed will be provided to the Union in a timely fashion.

Article 5. Salary and Special Compensation

A. Salary Adjustments

Effective the first full pay period on or after July 1, 2021, City shall apply a three and three quarter percent (3.75%) across-the board increase to the base salary of all classifications.

Cost of Living Adjustment

A Cost of Living Adjustment (COLA) shall be applied to all unit classifications effective the first full pay period on or after July 1, 2022 and July 1, 2023. The COLA shall be applied by the DocuSign Envelope ID: 0123DDD7-27A6-4F87-A962-5F85874600B9 A.5.b
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following method:

The COLA shall be determined annually, based on increases in April's Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-San Jose area (CPI-U), using base period 2021-2022 and 2022-2023. The ratio is calculated and rounded to the nearest one-half percent (0.5%) with an annual maximum COLA of 3.5%.

B. Fire Engineer Salary Separation

Effective the pay period beginning January 29, 2022, the City shall implement a salary differential increase between classifications from ten percent (10%) to twelve and a half percent (12.5%). The twelve and a half percent (12.5%) salary differential shall be maintained between all ranks beginning at Firefighter.

Also, effective the first full pay period on or after July 1, 2023, the City shall implement a salary differential increase between classifications from twelve and a half percent (12.5%) to fifteen percent (15%). The fifteen percent (15%) salary differential shall be maintained between all ranks beginning at Firefighter.

C. Deferred Compensation Plan

The City shall continue, during the term of this M.O.U., to provide a voluntary deferred compensation plan for all employees of this unit.

D. Longevity Pay

Effective 6/30/21, all members in the bargaining unit, who complete the following specified consecutive years of service prior to or after 6/30/21, shall be paid the following: Longevity Pay will be payable as part of the employee’s bi-weekly payroll.

Number of Consecutive Years Longevity Pay

10-14 years Three percent (3%) of base salary
15-19 years Six percent (6%) of base salary
20 or more years Nine percent (9%) of base salary

E. Retirement

1. Contribution

Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Fire CalPERS “3% @ age 50” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.

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Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Fire CalPERS “3% @ age 55” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.

Tier 3
c. Effective on or after January 1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a “new member” under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

2. Survivor's Death Benefit

a. The City agrees to continue the CalPERS Fourth Level Survivor Death Benefit for all eligible unit members. The City agrees to pay the employer rate contribution. The employee agrees to pay the member rate contribution.

3. Modifications

a. The City agrees not to make any other modifications in the current CalPERS contract without a vote of all affected employees.

F. Overtime

An employee authorized or required to work overtime in excess of the assigned scheduled shift shall be compensated at the additional rate of time and one-half.

1. Unit members may accrue up to a maximum of four-hundred eighty (480) hours of compensatory time.

G. Call Back Pay

Any employee who is called back for work from an off duty status shall be compensated with a minimum of three (3) hours overtime for the time worked at the rate of time and one-half.

H. Bilingual Skills Pay

Employees who perform technical bilingual skills (reading, writing and oral translation) for the benefit of the City on a regular and ongoing basis and who successfully pass a City-administered proficiency test shall receive an allowance based on the level(s) of bilingual competency listed below.

Level I – Oral Translation

For employees who demonstrate the ability to communicate effectively by way of successfully passing the oral proficiency test, shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.

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an oral translator on a regular and on-going basis, per the City’s needs.

Level II – Written Translation

For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($125.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department’s need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.

Employees who become eligible for Level II will be required to serve as an oral translator and/or provide written translation in the course of the employee’s duties on a regular and on-going basis, per the City’s needs. These employees may be called upon by other departments on an as need basis.

Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, informational brochures, inserts in city utility billings, social medial, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.

I. Working Out Of Class Pay

Unit employees may be assigned by management to fill a position of Fire Engineer, Fire Captain or a management position outside the unit and when so assigned shall be compensated as such. The compensation shall be at the bottom step of the acting position so assigned, but with a minimum five percent (5.0%) increase. Work out of class pay shall begin after the employee has been assigned and worked five (5) cumulative shifts in the higher classification. The City will fill any vacancies from promotional lists within a 180 day period, with the exception of vacancies created by Worker's Compensation or leaves of absence.

J. Holiday Compensation

Each member of the bargaining unit, who is assigned to a 24-hour shift schedule, shall be entitled to compensation equivalent to nine (9) scheduled working shifts in lieu of fixed holidays for each full year of service. For new employees, the amounts shall be prorated on the basis of eighteen (18) hours per month. This pro-rata formula shall also apply to separating employees. This entitlement shall be compensated in the following way:

1. Nine (9) working shifts, or the prorated amount as provided for above, shall be credited at the beginning of each fiscal year to employees who are in a fully paid status during that year. Such employees may request that any of these nine (9) shifts be granted as compensated time off.

2. Twice during the fiscal year an employee may request a cash payment of Compensatory Time Off (CTO), at straight time, in lieu of time off.

Requests for cash payment shall be paid on the first pay day which DocuSign Envelope ID: 0123DDD7-27A6-4F87-A962-5F85874600B9 A.5.b
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follows June 1st and December 1st of each year. This payment will be made in the regular payroll check issued for that pay period.

3. Any shift hours that have not been used as CTO or paid in that fiscal year, shall be paid at the end of the fiscal year at straight time. Such hours shall not be carried over to the following fiscal year. This payment will be made in the regular payroll check issued for that pay period.

K. Promotions

Employees promoting shall receive a salary increase equivalent to one (1) step (approximately five (5.0%) percent) or movement into the new salary range, whichever is greater.

L. Compensatory Time Conversion to Cash
Employees may convert accumulated compensatory time to cash as follows:

Article 6. Insurance

A. CalPERS Medical

1. Retiree Insurance Benefit

2. Description

B. Health Insurance Options

The City shall provide employees with the choice of participating in the Public DocuSign Envelope ID: 0123DDD7-27A6-4F87-A962-5F85874600B9 A.5.b
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Employees' Medical and Hospital Care Act (PEMHCA) program offered by CALPERS.

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

1. The City shall provide for unit members an IRS Code Section 125 Flexible Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.

2. The City shall contribute towards the PEMHCA medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.

3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:

A. The City will contribute the following dollar amount towards medical insurance, based on PEMHCA’s Platinum Plan for Calendar year 2022.

B. For Calendar Year 2023, the City will increase its contribution by the actual increase or an amount not to exceed 10%.

C. An amount equivalent to the City’s contribution towards dental insurance.

The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

D. An amount equivalent to the City’s contribution towards vision insurance.

The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

4. In the event that surplus Flex Credits are available, all Association Employees shall have the option to allocate such Flex Credits to one or more of the following:

A. Union Employees’ Flexible Spending Account.

B. Roth Individual Retirement Account (IRA).

C. ICMA or City-authorized 457 Deferred Compensation Plan.

If an Association Employee’s residual “Flex Credits” are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

6. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section [J] below.

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D. Terms for Health Care Participation

Participation and coverage in the medical, dental, and vision care plans shall be in accordance with the terms and conditions of the insurance carrier.

E. Health Care Contributions

1. Employee-only Premium

The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this M.O.U. for each member of the unit Calendar Year 2022. The employee-only premium for medical insurance shall be based on plus the current PORAC monthly membership in accordance with Section [C] above. .

2. Employee Option for Dependent Coverage

Starting Calendar Year 2022, for those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage in accordance with Section [C] above plus the current PORAC monthly membership. This section does not affect the current coverage for Calendar Year 2021.

F. Vision Insurance

The City shall provide a vision care insurance plan which is available to eligible unit members and qualified dependents during the term of this M.O.U.

G. Dental Insurance

H. Life Insurance

The City shall continue to provide term life insurance, at its cost, through the CSFA Plan 2 for each member of the unit for the term of this M.O.U.

I. Long Term Disability Insurance

1. The City agrees to pay the premiums for the California State Firefighters association (CSFA) Long Term Disability insurance plan for each represented member of the unit for the term of this M.O.U.

J. Health Insurance Opt-out Waiver Cash Incentive Option

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1. Employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:

$535 Employee Only
$1,075 Employee plus one
$1,380 Employee plus family

K. Optional Health Benefits

Employees may pay the premiums for the following benefits on a voluntary basis:

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L. Flexible Spending Accounts (FSA's)

The City agrees to establish a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law.

The City agrees to establish a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,500) per year per employee.

M. Voluntary Life Insurance

Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.

N. Miscellaneous

The City of Hollister does not allow the employee to take the surplus credits in taxable cash.

Article 7. Career Incentive Program

Unit members may qualify for and receive additional compensation based on and subject to the following requirements and procedures:

A. Career Incentive Program

B. Specialty Incentive Program

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2. EMT pay of $170 per month will be converted to a percentage and added to the base salary

Article 8. Job Related Disabilities And The Americans With Disabilities Act

A. Job Related Disabilities

B. Americans with Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA).

The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality.

Article 9. Uniform Allowance and Safety Equipment

A. Uniform Allowance

Clothing damaged in the line of duty shall be repaired or replaced at City expense. Replacement shall be done on the basis of depreciation subject to DocuSign Envelope ID: 0123DDD7-27A6-4F87-A962-5F85874600B9 A.5.b
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City and employee expense. If agreement cannot be reached between City and the employee on value, a third party shall be used to determine depreciation of any garments.

3. The purchase of Class [A] Dress Uniforms shall by at the unit member's sole expense.

B. Safety Equipment

Article 10. Grievance Procedure

This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by employees covered by the M.0.U.

A. Definition

A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement which adversely affects the grievant.

B. Stale Grievance

C. Informal Discussion with Employee's Supervisor

D. Formal Written Grievance to Employee's Supervisor

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outlined in this section.) The formal written grievance shall specify the provisions of this M.O.U., the City Personnel Rules or Department Rules alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within seven (7) calendar days from receipt of the formal written grievance. The grieving employee shall have seven (7) calendar days from the receipt of the supervisor's written response or from the date of the Personnel Officer's written confirmation or non-confirmation (whichever is later) to file an appeal to the next level.

E. Grievance to Department Head/City Manager

F. Waiver of Appeal Steps

G. Advisory Fact Finding of Grievances

H. Selection of a Fact Finder

I. Duty of Fact Finder

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J. Payment of Costs

K. Effect of Failure Of Timely Action

Article 11. Leave

The City shall continue the current sick leave, bereavement leave, family sick leave, emergency leave and vacation rules as defined in this article for the term of this M.O.U.

A. Sick Leave

B. Bereavement Leave

Bereavement Leave is a separate paid leave which is available to all employees at the time of death or funeral of a member of the employee's immediate family as defined below:

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C. Family Sick Leave - Within Existing Benefit

D. Emergency Sick Leave - Within Existing Benefit

An employee may be granted leave chargeable to Sick Leave for the purpose of responding to members of the immediate family's emergency or illness or injury.

Definition of immediate family is the same as defined in Subsection B. above.

E. Vacation

Each employee in the bargaining unit shall accumulate vacation with pay based on the following:

0 through 5 Years 5 Working Shifts
6 through 10 Years 7 Working Shifts
Over 10 Years 10 Working Shifts

Maximum Accrual

Bargaining unit employees may only accumulate a maximum of fourteen (14) shifts (336 hours) or 30 days (240 hours) for 40 hour a week unit employees of vacation without the authorization of the City Manager.

Accumulated vacation time of more than eighteen (18) shifts (432 hours) or 38.5 days (308.5 hours) for 40 hour a week unit employees requires prior written authorization by the City.

Vacation Conversion to Cash

Request for payment of vacation time shall be made in writing to the Finance Department at least thirty (30) days in advance.

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F. LEAVE

Article 12. Working Hours

Those Members of the Bargaining Unit will be excluded from a 56 hour per week when assigned to a temporary 40 hour work schedule for one (1) year.

The Union and City agree that the normal shift for the Department will be known as the 4/6 schedule. Any personnel required to change shifts will rotate duty in such a manner so that the cycling will be completed in a twenty-eight (28) day period.

Article 13. Miscellaneous

A. Residency

B. Professionalization

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2. All Fire Captain appointments shall require and must maintain a valid Fire Officer Certification.

3. All unit employees shall possess a valid Emergency Medical Technician (EMT) Certification.

4. All unit employees shall participate in a Departmental-sponsored physical fitness program a minimum of one (1) hour per shift.

C. Bulletin Board

D. Payroll Deduction Of Dues

E. Shift Exchanges

During the term of the agreement, employees of the Fire Department of the City of Hollister, upon written request and wish consent of the City, may exchange shifts,

provided, however, that such exchange does not interfere with the operation of the Fire Department of the City of Hollister. Approval or denial with reasons thereto shall be timely given in writing.

F. Minimum Staffing Provisions

The following provisions shall apply for the Hollister Fire Department:

Any time after normally scheduled work hours shall be paid at time and one half.

This time may be paid or taken as CTO at the employee's request.

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During special events, Bargaining Unit work will be offered to Career-paid Professional Firefighters before engaging others.

G. Unit Staffing

Whenever possible, apparatus will be staffed by three (3) professional Firefighters.

However; this does not establish Mandatory Minimum Staffing Levels.

A Unit will be defined as Captain, Engineer, and Firefighter.

H. Payroll Direct Deposit

I. Sick Leave Conversion to Cash

Eligible unit employees may convert a percentage of accrued, unused Sick Leave to cash at death or retirement from City employment. The provisions for this policy are as follows:

1. Employees of this unit may not "cash out" or be compensated for any of the first 240 hours of Sick Leave accrued.

2. Any current employee of this unit having completed 10 years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for 50% of accrued, unused Sick Leave in excess of 240 hours at the hourly rate of pay at the time of retirement from City service.

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1st and December 1st of each year.

6. Payments of "cashed out" unused Sick Leave will be made on the first pay day which follows June 1st and December 1st of each year.

Payment for unused Sick Leave shall be made in the regular payroll check issued for that pay period.

J. Physical Fitness and Wellness Program

K. Tuition Reimbursements

The City will reimburse Union members up to Thirty-Five Hundred dollars ($3,500) per fiscal year for tuition reimbursements.

L. New Employee Orientation

M. Order of Layoff

1. The order of layoff of employees within a class or classes subject to layoff shall be:

a. Part-time or Paid Call Firefighter (PCF) Employees
b. Probationary Employees
c. Permanent Employees

2. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first.

3. In the Event of layoffs the Volunteer Program will be discontinued

N. Re-employment

1. Employees demoted in lieu of layoff shall have a priority right to return to their prior classification and pay grade without having to retest for said classification

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4. All members who leave the City's employment and return to the City within eighteen (18) months will be placed on three (3) month probation with regard to:

O. Bidding Procedure for Local 3395

The shift bid process will take place the following Monday after November union meeting. The Union President (or his/her designee) and Vice-president (or his/her designee) will be the representatives of the Union and facilitate the process with the Fire Chief. Union Members shall submit their bid request to the above stated union representatives no later than the day before the bid process.

Order of bidding is as follows:

1. Captains – (by seniority in rank)

2. Engineers – (by seniority in rank)

3. Firefighters – (by seniority in rank)
(Firefighters must complete probation before having the right to shift bid)

Permanent vacancies that occur as a result of retirement, promotion, termination, etc. will go out for bid by seniority within that rank.

Article 14. Maintenance of Operations

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If the City determines that the Union has engaged in any activity mentioned above, the City may order the forfeiture of all rights and privileges, or any portion thereof, of the Union.

If the City determines that an employee has engaged in any activity above, the employee may be subject to disciplinary action up to and including discharge from City service.

Article 15. Prevailing M.O.U.

Article 16. Union Business

Article 17. Drug Free Workplace Policy

The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92-116 (August 3, 1992), is incorporated by reference into this Memorandum of Understanding.

Article 18. Savings Clause

Article 19. Promotional Probation

Article 20. Labor and Management Committee

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Article 21. Layoff Policy

Article 22. Bidding System

Article 23. Disciplinary Appeal Procedures

1) Purpose and Applicability

A. The disciplinary appeals procedures set forth herein are adopted pursuant to Government Code section 3254.5 of the Firefighter s Procedural Bill of Rights Act.

C. These procedures apply to all non-probationary Firefighters. Probationary employees and at-will employees shall not have rights to the procedures in this policy.

2) Definitions

A. The term “Firefighter” means a public safety employee who is considered a “Firefighter” under Government Code section 3251 (a).

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3) Informal Hearing for Appeal of a Lesser Punitive Action

A. No Pre-Disciplinary Notice: A Firefighter facing punitive action not involving a discharge, demotion, unpaid suspension, or reduction in base salary (examples:
written reprimand, transfer for purposes of punishment without reduction in base salary, etc.) will not receive prior notice or an opportunity to be heard before discipline is imposed.

C. Notice of Hearing: Within fourteen (14) calendar days of the City’s receipt of the Firefighter’s Notice of Appeal, the Fire Chief or his/her designee shall erve the Firefighter with a Notice of Hearing that indicates the City has chosen to proceed according to the informal hearing process outlined herein. The Notice of Hearing shall state the time and place of the informal hearing. A copy of this informal hearing procedure shall be attached to the Notice of Hearing.

E. Burden of Proof: The employer shall bear the burden of proof at the hearing or not, as follows:

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F. Conduct of Hearing

2) The parties may present opening statements.

3) The parties may present evidence through documents and testimony.

a) Witnesses shall testify under oath.

b) Subpoenas may be issued pursuant to Government Code sections 11450.05-11450.50.

c) The parties are not entitled to confront and cross-examine witnesses.

4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer.

4) Formal Hearing Procedure For Appeal Of a Punitive Action Involving Discharge, Demotion, Unpaid Suspension of Greater than 48 Hours, or DocuSign Envelope ID: 0123DDD7-27A6-4F87-A962-5F85874600B9 A.5.b
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Reduction in Base Salary

Pursuant to Government Code section 3254(f), the discipline shall not be effective sooner than 48 hours after issuance of the Final Notice of Discipline.

Two (2) copies of Sections 11507.5, 11507.6, and 11507.7 of the Government Code shall be provided to the Firefighter concurrently with the Final Notice of Discipline.

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them to the ALJ. When the ALJ alone hears a case, he or she shall exercise all powers relating to the conduct of the hearing. In conducting the hearing, the ALJ shall follow the evidentiary standards described in section 11513 of the Government Code.

I. Recording of the Hearing: The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically.

Article 24. Term and Reopener

The term of this Memorandum of Understanding shall commence on July 1, 2021 and shall expire June 30, 2024, unless otherwise agreed to by both parties. It is also agreed to by both parties to initiate the "Meet and Confer" Process in a timely fashion, exchanging written proposals at least thirty (30) days prior to the termination of this agreement.

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CITY OF HOLLISTER HOLLISTER FIREFIGHTERS UNION

Dated Dated

By By
Brett I. Miller, City Manager Josh Buzzetta, Union President

By____________________________ By
Linzie L. Daniel, City Negotiator Vince Grewohl, Vice President

By____________________________ By
Diana Hillstock, City Negotiator Jarred Utzig, Secretary

By
John Parrinello, Treasurer

By
James Phil Rossi, Negotiator

By
Tony Spitaleri, Chief Negotiator
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95F/C456E9C 143 I ...
3C108882F65B48A ...

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 26, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Finance
Cecilia Rodriguez, Management
Analyst
CONTACT: Michelle Scharton, Payroll
Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-11, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING RESOLUTION NO. 2019-5,

AND AUTHORIZING CHANGE IN SIGNATORIES FOR INVESTMENT OF MONIES IN

THE LOCAL AGENCY INVESTMENT FUND (LAIF)

BRIEF DESCRIPTION: This Resolution will update signatories and authorize the investment of monies in the Local Agency Investment Fund (L AIF) and rescind Resolution 2019-5.

RECOMMENDATION: That the City Council ADOPT a Resolution to update signatories and authorize the investment of monies in the Local Agency Investment Fund (LAIF) and rescind Resolution 2019-5.

DEPARTMENT SUMMARY: The City requires two original signatures on all checks. In order to conduct business of the City whether payables, payro ll, or transferring funds, we must have current titles and signatures established. In accordance with California Government Code Section 16429.1, the City of Hollister authorizes the signatories identified in the attached Resolution to deposit or withdraw monies in the Local Agency Investment Fund (LAIF).

FINANCIAL IMPACT: None.

CEQA: N/A

ATTACHMENTS:

1. 2019-5 Change in Signatories LAIF

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING RESOLUTION NO. 2019-5, AND AUTHORIZING CHANGE IN

SIGNATORIES FOR INVESTMENT OF MONIES IN THE LOCAL AGENCY

INVESTMENT FUND (LAIF)

WHEREAS, Pursuant to Chapter 730 of the statues of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Find in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and

WHEREAS, The City Council of the City of Hollister does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interest of the City of Hollister.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister rescinds Resolution No. 2019-5, and does hereby authorize the deposit and withdrawal of City of Hollister monies in the Local Agency Investment Fund (LAIF) in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer’s Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the following City officers or their successors in the office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:

City Treasurer _________________________
Anietra Gomez

City Clerk _________________________
Christine Black, MMC

City Manager _________________________
Brett Miller

Interim Administrative Services Director _________________________ Cecilia Rodriguez

Information Technology Director _________________________ Paul DaSilva

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Police Chief _________________________
Carlos Reynoso

Fire Chief _________________________
Bob Martin Del Campo

Deputy City Clerk _________________________
Nova Romero, CMC

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-11, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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RESOLUTION NO. 2019-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING RESOLUTION NO. 2015-47, AND AUTHORIZING CHANGE IN

SIGNATORIES FOR INVESTMENT OF MONIES IN THE LOCAL AGENCY

INVESTMENT FUND (LAIF)
WHEREAS, Pursuant to Chapter 730 of the statues of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Find in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, The City Council of the City of Hollister does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interest of the City of Hollister.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister rescinds Resolution No. 2015-47, and does hereby authorize the deposit and withdrawal of City of Hollister monies in the Local Agency Investment Fund (LAIF) in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the follo . in the
office shall be authorized to order the de Local
Agency Investment Fund:

City Treasurer
City Clerk
City Manager
Administrative Services Director
Management Services Director
Brett Miller
~
Michael Chambless
CfTY OF HOlUSTER
DUPUCATE OF ORIGINAL.

ON FILE IN THE
OFFICE OF THE CfTY CLEM
-i --------,

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Resolution No. 2019-5

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PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 22nd day of January, 2019, by the following vote:

AYES: Council Members Richman, Resendiz, Spencer, Lenoir, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

ATTEST:

Christine Black, MMC, City Clerk
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:

Prentice, Long & Epperson, Attorneys at Law
L--
CITY OF H0UJSTER

DUPUCA TE OF ORIGINAL

ON FILE IN THE
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JANUARY 22, 2019
SUBMITTED: January 4, 2019 AGENDA ITEM: Consent Resolution DEPARTMENT: Finance
DEPARTMENT HEAD: Brett Miller, Administrative
Services Director
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300
TITLE OF ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING RESOLUTION NO. 2015-47, AND AUTHORIZING

CHANGE IN SIGNATORIES FOR INVESTMENT OF MONIES IN THE LOCAL

AGENCY INVESTMENT FUND (LAIF)
BRIEF DESCRIPTION: This Resolution will update signatories and authorize the investment of monies in the Local Agency Investment Fund (LAIF) and rescind Resolution 2015-47.

RECOMMENDATION: That the City Council ADOPT a Resolution to update signatories and authorize the investment of monies in the Local Agency Investment Fund (LAIF) and rescind Resolution 2015-47.

DEPARTMENT SUMMARY: The City requires two original signatures on all checks. In order to conduct business of the City whether payables, payroll, or transferring funds, we must have current titles and signatures established. In accordance with California Government Code Section 16429.1, the City of Hollister authorizes the signatories identified in the attached Resolution to deposit or withdraw monies in the Local Agency Investment Fund (LAIF).

FINANCIAL IMPACT: None.

CEQA: N/A
ATTACHMENTS:

1. Resolution 2015-4 7

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
llf?dStl
William 8. Avera, City Manager
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RESOLUTION NO. 2015-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING INVESTMENT OF MONIES IN THE

LOCAL AGENCY INVESTMENT FUND (LAIF)
AND RESCINDING RESOLUTION NO. 2014-87
WHEREAS, Pursuant to Chapter 730 of the statues of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Find in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, The City Council of the City of Hollister does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interest of the City of Hollister.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby authorize the deposit and withdrawal of City of Hollister monies in the Local Agency Investment Fund (LAIF) in the State Treasury in accordance with the provisions of Section 16429 .1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard.

BE IT FURTHER RESOLVED, that the following City officers or their successors in the office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund:

City Treasurer
Cecilia Rios
City Clerk
Geri Johnson
Interim City Clerk
Christine Black
City Manager
William 8. Avera
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""---· Resolution No . 2015-47

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Director of Administrative Services
Management Services Director
Brett Miller
Michael Chambless
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 16th day of March, 2015, by the following vote:

AYES: Council Members Klauer, Gomez, Friend, Luna, and Mayor Velazquez.

NOES: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 27, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Abraham Prado, Planning
Manager
CONTACT: Eva Kelly, Associate Planner
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-12, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 111 SAN FELIPE ROAD PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 48 (PUBLIC FACILITIES SERVICES)

BRIEF DESCRIPTION: The City Council will consider including the 111 San Felipe Road Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructu re related to the project. Only property within the City boundaries may be added to CFD No. 4, and the 111 San Felipe Road Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 111 San Felipe Road Project for the annexation of territory into CFD No. 4.

DEPARTMENT SUMMARY: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilities District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined and creative solution to providing public improvement maintenance services for development projects. The 111 San Felipe Road Project will be included in Community Facility District No. 4 under this streamlined process. This is the 48th project to be annexed to CFD No. 4 since its creation in 2014.

The Site & Architectural Review for the 111 San Felipe Road Project was approved by the planning commission with a condition of approval that the developer consents to include the project in the City’s CFD No. 4. The final map that will be recorded for the project includes an owner’s consent statement with regard to their participation with the CFD No. 4. The developer/owners have each executed a “Unanimous Approval” and “Petition, Including Consent and Waiver” agreeing to this action.

FINANCIAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the subdivision . Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2021-22 for all Parcels of Developed Property in Tax Zone 1 shall be $1,730.07 per acre of developed, non - residential property. On July 1, 2022 and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

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CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. 111 San Felipe Rd CFD 4 Documents

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 111 SAN FELIPE ROAD

PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 48 (PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, The City has received a consent and waiver from Mark Engstrom, which constitutes a portion of the future annexation area, for annexation into the District.

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the 111 San Felipe Road Project into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby spe cified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the 111 San Felipe Road Project” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the 111 San Felipe Road Project, which area is to be subje ct to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolut ion. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by A.7
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recordation of a continuing lien against all non -exempt real property in the proposed 111 San Felipe Road Project boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the 111 San Felipe Road Project will not result in any change to the sp ecial tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the 111 San Felipe Road Project boundary.

SECTION 5
This Resolution shall take effect from and after the date of its passage and adoption.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the proposed boundary of the 111 San Felipe Road Project for the annexation of Territory into Community Facilities District No. 4, Annexation No. 48 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the followi ng vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-12, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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A.7.aPacket Pg. 179Recorded By and Return To: City Clerk's Office City of Hollister 375 Fifth Street Hollister, CA 95023 To Be Recorded Without Fee Per Government Code Section 27383 REQUESTING THE ANNEXATION OF PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 4 (111 SAN FELIPE ROAD) ANNEXATION NO. 48 ASSESSOR PARCEL NUMBER (051-020-021)

A.7.aPacket Pg. 180UNANIMOUS APPROVAL of Annexation to a Community Facilities District and Related Matters CITY OF HOLLISTER Community Facilities District No. 4 (Public Facilities Services) Tax Zone No. 1 September 17th, 2021 To the Honorable City Council, City of Hollister 375 Fifth Street Hollister, CA 95023 Members of the City Council: This constitutes the Unanimous Approval (the "Unanimous Approval") of the record owner(s) (the "Property Owner") of the fee title to the real property identified below (the "Property") contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") to annexation of the Property to the City of Hollister Community Facilities District No. 4 (the "CFO"), and it states as follows: 1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property. 2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFO. Exhibit A includes the area to be annexed. The CFO was formed to finance the municipal services (the "Services") described in the Notice of Special Tax Lien recorded in the Office of the County Recorder of the County of San Benito, State of California on June 22, 2015 at the hour of 10:40 am as Document No. 2015-0005911 ("CFO No. 4 Notice of Special Tax Lien"). 3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the "Special Taxes") on the Property to finance the Services according to the Rate and Method of Apportionment of Special Taxes for the CFO attached hereto as Exhibit C the ("Rate and Method"). Exhibit B includes the cost estimate for the Services. 4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution. The Property Owner hereby waives all time limits, notices, and procedures that might otherwise be required in connection with the annexation of the Property to the CFO. 5. Recordation of Amendment to Notice of Special Tax Lien. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the CFO No. 4 Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.

A.7.aPacket Pg. 181The amendment to the CFO No. 4 Notice of Special Tax Lien shall include the Rate and Method as supplemented by the Supplement as an exhibit thereto. 6. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFO shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property. 7. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it. 8. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City .to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFO. 9. The Property. The Property is identified as follows: Address: APN: 111 San Felipe Road 051-020-021 Acres: 0.74 10. Voting. As there are less than twelve registered voters within the area designated for this annexation, votes are allocated on a per-acre basis. The votes for and against this annexation area as follows: Total Acres: Q.74 Total Votes: 1 No. of Votes Yes 1 No. of Votes No O By executing this Unanimous Approval, the Property Owner agrees to all of the above. Annexation No. L.!3 Property Owner: By:0/":---Name: Mark Engstrom Title: President Notice Address: 837 Jefferson Boulevard West Sacramento, CA 95691

A.7.aPacket Pg. 182ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of YOLO on Jan 04, 2022 before me, VICKIE S REYES, NOTARY PUBLIC, (insert name and title of the officer) personally appeared MARK L ENGSTROM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~ _____ v,/ ______ _ (Seal) VICKIE S. REYES COMM. #2262591 z Notary Public • California ~ Yolo County .. M Comm. Ex ires Oct. 13, 2022

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BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 4

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, JANUARY 2022 I ANNEXATION N0.1 SUBDIVISION/PROJECT I TRACT NO. I
I 48 I 111 SAN FELIPE RD I J

CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE IMTHIN MAP SHOV.fNG PROPOSED BOUNDARIES OF HOWSTER COMMUNITY FACIUT/ES DISTRICT N0.5 CITY OF HOWSTER, COUNTY OF SAN BENITO, STATE OF CALJFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOW STER. A T A MEETING THERDF, HELD ON THE _______ OAYOF _______ 2021BYJTSRESOLUTIONNO ______ _
CHRISTINE BLACK. MMC, CCTY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM W1S PREPARED UNDER THE DIRECTION OF THE CITY ENGJNEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON THE HOWSTER CITY CLERK'S OFFICE.

MARKFAlGOUT, P.E., CPSV\Cl, QSO, KIMl£Y-HORN

INTERIM CITY ENGINEER FOR THE CITY OF HOWSTER

COUNTY RECORDER'S STATEMENT
IN
FILEDTHIS ____ OAYOF_~~~~·2021ATTHEHOUROF O'CLOCK M.,INBOOK OFMAPSOF ASSESSMENT AND COMMUNITY FACIUTTES DISTRICT AT PAGE IN TH~ THE RECORDER IN THE COUNTY OF SAN BENITO STATE OF

CAUFORNIA

COUNTY RECORDER , COUNTY OF SAN BEN ITO
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A.7.aPacket Pg. 185Cost Estimate {Fiscal Year 2021-22): Cost Item Annual Maintenance Costs: Contingency (3%) Annual Administrative Costs: Total Annual Costs Number of Acres EXHIBIT B Annual Costs $1,230.25 $40.00 $10.00 $1,280.25 0.74

A.7.aPacket Pg. 186EXHIBIT C CITY OF HOLLISTER Community Facilities District No. 4 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

A.7.aPacket Pg. 187CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 4 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Taxes applicable to each Assessor's Parcel in the City of Hollister Community Facilities District No. 4 ("CFO") shall be levied and collected according to the tax liability detennined by the Administrator through the application of the appropriate amount or rate for Taxable Property as described below. All of the property in CFD No. 4, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided, including property subsequently annexed to the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Accessory Unit" means a second residential unit of limited size e.g. granny cottage second unit that shares a Parcel with a single-family detached unit. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, set forth in Chapter 2.5 of division 2 of title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the formation and administration of CFD No. 4 including but not limited to the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs· to the City or CFD or any designee thereof of complying with CFD or obligated persons disclosure requirements associated with the Act, the costs associated with preparing Special Tax disclosure statements; the costs associated with responding to public inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. Page 1of6 City of Hollister, CFD No. 4 Rate & Method of Apportionment I

A.7.aPacket Pg. 188"Administrator" means an official of the City, firm designated by the City, or any designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax. "Affordable Housing" means housing as defined in Section 16.64.025 of the City municipal code ( or as amended). "Assessor" means the County assessor. "Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. ~ Assessor's Parcel Map"' means an official map of the County Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" or "APN" means a unique number assigned to an Assessor's Parcel by the Assessor for purposes of identifying a property. "Authorized Services" means the public services authorized to be funded by the CFO as set forth in the documents adopted by the Council when the CFO was formed. "Building Permit" means a single pennit or set of pennits required to construct an entire residential or non-residential structure. "CFD" or "CFD No. 4" means the City of Hollister Community Facilities District No. 4. "CFD Formation" means the date on which the Resolution of Formation to form CFD No. 4 was adopted by the City Council. "City" means the City of Hollister. "Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Items" in the San Francisco/ Oakland/ San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. If this index ceases to be published, the Consumer Price Index will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price Index for the San Francisco Bay Area. "Council" means the City Council of the City acting as the legislative body of CFD No. 4. "County" means the County of San Benito. Page2of6 City of Hollister, CFO No. 4 Rate & Method of Apportionment I

A.7.aPacket Pg. 189"County Recorder" means the County of San Benito's Office of the Recorqer. "Developed Property" means in any Fiscal Year all Parcels of Taxable Property for which Building Permits have been issued on or prior to June I of the preceding Fiscal Year. "Final Subdivision Map" or "Final Map" means a recorded subdivision map or recorded parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.). "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Homeowners Association Property~' or "HOA Property" means a property within the boundaries of the CFD that is owned by, or irrevocable dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Land Use Categories" means Single-Family Detached Property, Multi-Family Property, and Non-Residential Property. "Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C. that can be levied in any Fiscal Year. "Multi-Family Property" means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Residential Units that share a common wall. "Non-Residential Property" means in any Fiscal Year, all Parcels of Developed Property which are not Single-Family Detached Property or Multi-Family Property. Notwithstanding the foregoing, if a Building Permit is issued for a structure that will include both Residential Units and non-residential uses, the Administrator shall delineate the Land Use Categories on the Parcel in order to calculate Special Taxes pursuant to Section C. below. "Proportionately" means for Developed Property that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property Proportionately means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property. Page3of6 City of HoUlster, CFO No. 4 Rate & Method of Apportionment I

A.7.aPacket Pg. 190"Public Property" means for each Fiscal Year (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act, (as such section may be amended or replaced), shall be taxed and classified in accordance with its use or (ii) any property within the boundaries of the CFD that is encumbered by an unmanned . utility easement making impractical its utiliz.ation for other than the purpose set forth in the easement. "Residential Property" or "Residential Unit" means (i) Single-Family Detached Property and (ii) Multi-Family Property. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a Residential Unit for purposes of this RMA. "RMA" means this Rate and Method of Apportionment of Special Tax. "Single-Family Detached Property" means in any Fiscal Year, all Parcels of Developed Property for which a Building Permit(s) was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit. "Special Tax" means any tax levied within the CFD to pay the Special Tax Requirement. "Special Tu: Requirement" means the amount of revenue needed in any Fiscal Year to pay for the following (i) Authorized Services, (ii) Administrative Expenses and (iii) if the Special Tax is not collected and apportioned under the Teeter ·Plan, amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or based on delinquency rates in prior years which may be expected to occur in the Fiscal Year in which the Special Tax will be collected, (iv) less a credit for the amount of the prior's years tax delinquencies plus penalties and interest collected and apportioned to the City for the Special Tax. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No. 4 that are not exempt from the Special Tax pursuant to law or Section E. below. "TH Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within CFD No. 4 at the time of CFD Formation is within Tax Zone l. Additional Tax Zones may be created when .property is annexed to the CFD and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor's Parcels included within a new Tax Zone established when such Parcels are annexed to the CFO shall be identified by Assessor's Parcel Number in the Unanimous Approval Form that is signed by the owners of the Parcels at the time of annexation. Page4of6 City of Holllster, CFO No. 4 Rate & Method of Apportionment I

A.7.aPacket Pg. 191"Teeter Plan" means the alternative procedure for the distribution of property tax levies on the secured roll made by the County pursuant to Revenue and Taxation Code Sections 4701-4 717. "Unanimous Approval Form" means that form executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner's approval and unanimous vote in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA. "Undeveloped Property" means in any Fiscal Year all Parcels of Taxable Property in CFO No. 4 that are not Developed Property. B. ADMINISTRATION OF ANNUALTAXLEVY Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD. The Administrator shall also determine: (i) whether each Assessor's Parcel of Taxable Property is Developed Property or Undeveloped Property, (ii) which Tax Zone each Assessor's Parcel is located in, and (iii) the Special Tax Requirement for the then-current Fiscal Year. In any Fiscal Year if it is determined that: (i) a Final Map or parcel map for a portion of property in CFD No. 4 was recorded after the last date upon which the Assessor will incorporate the newly-created parcels into the then current tax roll, (ii) because of the date the Final Map or parcel map was recorded the Assessor does not yet recognize the new parcels created by the Final Map or parcel map, and (iii) one or more of the newly-created parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel then applying the sum of the individual Special Taxes to the parcel that was subdivided by recordation of the Final Map or parcel map. C. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Developed Property within Tax Zone 1 shall be: Residential Property $205 per Unit Non-Residential Property $1,430 per Acre 2. Undeveloped Property The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Undeveloped Property within Tax Zone 1 shall be: $1,430 per Acre 3. Escalation of Maximum Special Tax Page 5 of 6 City of Holllster, CFD No. 4 Rate & Method of Apportionment I

A.7.aPacket Pg. 192On July 1, 2015 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Consumer Price Index. The maximwn increase in any Fiscal Year may not exceed 4.0%. D. MEmoo OF LEVY AND COLLECTION OF SPECIAL TAXES Each Fiscal Year the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy the Special Tax on all Parcels of Taxable Property as follows: Step 1: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to I 00% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requirement. Step 2: If additional revenue is needed after Step 1, the Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special · Tax for each Parcel for such Fiscal Year until the amount levied when combined with the amount levied pursuant to Step 1 is equal to the Special Tax Requirement. The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property ta,ces provided, however; that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFO, and the Special Tax shall be equally subject to foreclosure if delinquent. E. EXEMPTIONS Notwithstanding any other provision of this RMA no Special Tax shall be levied on Parcels of Public Property except as otherwise provided in the Act. F. INTERPRETATION OF SPECIAL TAX FORMULA The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition the interpretation and application of any section of this dQcwnent shall be left to the City's discretion. Interpretations may be made by the City by resolution or ordinance of the Council for purposes of clarifying any vagueness or ambiguity in this RMA. G. TERM OF THE SPECIAL TAX The Special Tax shall be levied in perpetuity, as long as the Authorized Services are provided by the City, as necessary to pay the Special Tax Requirement. Page&of& City of Holllster, CFO No. 4 Rate & Method of Apportionment I

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: December 22, 2021 AGENDA ITEM: Public Hearings DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: ORDINANCE NO. 1206 AN ORDINANCE OF THE CITY OF

HOLLISTER ADJUSTING COUNCIL DISTRICT BOUNDARIES IN ACCORDANCE WITH THE RESULTS OF THE 2020 FEDERAL DECENNIAL CENSUS PER CALIFORNIA STATE LAW AB 1276, AND AMENDING MUNICIPAL CODE CHAPTER 2.04

DESCRIPTION: Redistricting occurs every 10 years after each U.S. Census. Federal, state and local laws require the City to revise Council districts after each census.

Typically, census data is released by April 1st of the year following the census and was delayed due to COVID-19. California State Law AB 849 requires that the governing body of each city adopt new district boundaries after each Federal Decennial Census.

California State Law AB 1276 requires that general law cities finish redistricting and adopt a new district map by Ordinance no later than April 17, 2022, which will then be implemented by the County Registrar of Voters in time for the 2022 Council Elections.

RECOMMENDATION: Staff recommends that City Council: 1) Hold the fifth (5th) Public Hearing on the redistricting process, receive public comment and 2) Read by title only, Waive full reading, and INTRODUCE Ordinance No. 1206, with map Plan #4, an Ordinance adjusting Council District boundaries in accordance with the results of the 2020 Federal Decennial Census per California State Law AB 1276, and amending Municipal Code Chapter 2.04.

DEPARTMENT SUMMARY: Redistricting occurs every 10 years after each U.S.

Census. Federal, state and local laws require the City to revise Counc il districts after each census. California State Law AB 1276 requires that general law cities finish redistricting and adopt a new district map by Ordinance no later than April 17, 2022, due to the delay in Census Information due to COVID. This Ordinance will then be implemented by the County Registrar of Voters in time for the 2022 Council Elections.

The Council is asked to apply the 2020 census data to the City’s current four district map to revise the boundaries to comply with the legal concept of “one person, one vote.”

On January 19, 2021, City Council approved a contract with Lapkoff & Gobalet Demographic Research, Inc., to conduct redistricting in the City of Hollister using 2020 Census Data as required by State Law AB849 and AB1276.

The City’s demographers, Lapkoff & Gobalet, found that the current four (4) districts were unequal in population based on the 2020 census data.

At the October 4, 2021, City Council Meeting, Council chose the option of Council Adoption of Redistricting Map. The City Council scheduled and conducted four (4) E.1
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Public Hearings, reviewed census data, heard public input, and planned to select a final map for adoption on January 18, 2022.

The City of Hollister created a dedicated webpage on October 4, 2021, to place all relevant information as received about the Redistricting Process, including how to be involved, maps received were posted online at least 7 days prior to selection and adoption, and listed how we would notice the public.

The City of Hollister published a Public Notice in the Freelance Newspaper on the following dates in English and Spanish: October 29, November 5, December 24, December 31, 2021, and January 7, 2022 . These notices were also posted on the front page of the City of Hollister webpage.

In addition, social media posts regarding the redistricting process, website, and upcoming public hearings encouraging public engagement were published on the City of Hollister Facebook page on the following dates: October 29, November 18, December 10, 11 & 16, 2021, and January 7, 8, and 18, 2022.

The first Public Hearing was held on Saturday, November 13, 2021, at 9:00 a.m., a Special City Council Meeting. Lapkoff & Gobalet provided a demonstration for Council and the public detailing instructions on how to submit maps using the online mapping tool. This meeting was recorded and made available for reference on our City of Hollister Website.

The second Public Hearing was held on Saturday, December 11, 2021, at 9:00 a.m., a Special City Council Meeting. Lapkoff & Gobalet presented maps #1 and #2, and together with Council created maps #3 and #4. All four (4) maps are attached, and each revise the lines of the districts in compliance with the district standards of Municipal Code section 2.04.250 (topography, geograp hy, cohesiveness, planned future growth, continuity, integrity and compactness of territory, existing neighborhoods, and community boundaries).

The third Public Hearing was held on Saturday, January 8, 2022, at 9:00 a.m., a Special City Council Meeting. Council directed staff to notify the public that the deadline to submit draft maps was January 12, 2022. City Council delayed the Introduction of the Ordinance from January 18, 2022, to February 7, 2022 , to allow the public to submit map plans. As of January 13, 2022, no maps were submitted by the public.

The fourth Public Hearing was held on Tuesday, January 18, 2022, at 6:30 p.m., a Regular City Council Meeting. This item was heard at a time certain of 6:30 p.m. per the Fair Maps Act. Council gave direction by simple majority to move forward with map Plan #4, and to bring this back at the next regular meeting as a Public Hearing for Introduction.

Monday, February 7, 2022, a regular City Council Meeting, is the fifth Public Hearing, to Introduce Ordinance No. 1206, and for City Council to vote on the new District Map Plan #4.

As of this writing, January 21, 2022, the City Clerk’s office had not received any E.1
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comments, emails, phone calls, submission of maps, and no comments on social media from the public in regards to Redistricting.

Council Member Morales provided the City Clerk’s office one email which is attached.

No other Council Members reported receiving any communications.

Staff recommends that City Council: 1) Hold the fifth (5th) Public Hearing on the redistricting process, receive public comment and 2) Read by title only, waive full reading, and INTRODUCE Ordinance No. 1206, an Ordinance adjusting Council District boundaries in accordance with the results of the 2020 Federal Decennial Cens us per California State Law AB 1276, and amending Municipal Code Chapter 2.04.

FINANCIAL IMPACT: unknown

CEQA: n/a

ATTACHMENTS:

1. Redistricting Plan 1

2. Redistricting Plan 2

3. Redistricting Plan 3

4. Ordinance No. 1206 - EXHIBIT A Plan 4

5. Email from Jonathan Casey 1-12-2022_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1206

AN ORDINANCE OF THE CITY OF HOLLISTER ADJUSTING COUNCIL DISTRICT BOUNDARIES IN ACCORD ANCE WITH THE RESULTS OF THE 2020 FEDERAL DECENNIAL CENSUS PER CALIFORNIA STATE LAW AB 1276, AND AMENDING MUNICIPAL CODE CHAPTER 2.04

WHEREAS, redistricting occurs every 10 years after each U.S. Census, and Federal, state and local laws require the City to revise Council districts after each census; and

WHEREAS, typically, census data is released by April 1st of the year following the census and was delayed due to COVID-19; and

WHEREAS, California State Law AB 849 requires that the governing body of each city adopt new district boundaries after each Federal Decennial Census. California State Law AB 1276 requires that general law cities finish redistricting and adopt a new district map by Ordinance no later than April 17, 2022, which will then be implemented by t he County Registrar of Voters in time for the 2022 Council Elections; and

WHEREAS, at the October 4, 2021, City Council Meeting, Council chose the option of Council Adoption of Map; and

WHEREAS, the City Council held duly noticed public hearings on Novem ber 13, 2021, December 11, 2021, January 8, 2022, and January 18, 2022, to receive public comment concerning the proposed redistricting map; and

WHEREAS, the City Council finds and determines that Map Plan #4 complies with Federal and State law, and is consistent with the standards set forth in Municipal Code section 2.04.260 governing the adjustment of district boundaries.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HOLLISTER ORDAINS AS FOLLOWS:

Section 1. New boundaries approved. Based on the results of the 2020 United States census, the City Council hereby approves adjusted boundaries for the four City Council districts, in accordance with Map Plan #4, attached as Exhibit A and incorporated herein by this reference.

Section 2. Section 2.04.200 amended. Current Municipal Code section 2.04.240 is hereby amended to replace the number “2011” with the number “2020.”

Section 3. Section 2.04.260 amended. The first sentence of current Municipal Code section 2.04.220 is hereby amended as follows: “Within six months of the publication of the results of each United States Decennial Census, the City Council shall examine the boundaries of each district for compliance with the standards set forth in Section

2.04.250, and, if necessary, after four public hearings, by Ordinance change or modify the boundaries of the districts to bring the districts in compliance with current California State Laws.”

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Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

Section 5. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its final passage.

Section 6. Publication. Within fifteen (15) days after passage, the City Clerk shall cause a summary of this Ordinance to be published one time in the Free Lance, a newspaper of general circulation.

INTRODUCED at a Regular City Council meeting on the 7th day of February, 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Hollister held on the _________ day of______________, 2022, by the following vote:

(Prior Code Ord. 1074)

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

E.1
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1206 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
E.1
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25 1
-2.2%
4 5.4%
2 -2.2%
3 -1.1%
156
City of HollisterCouncil Districts
Plan 1
Lapkoff & Gobalet Demographic Research, Inc. 11/28/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
Memorial DrPowell StSan Benito StSouth St
Meridian StLine StSouthside RdLegend
Street/Highway
Plan 1
District 1
District 2
District 3
District 4
©2021 CALIPER
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B
B
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~ t 1

DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 1 10,257 76% 17% 1% 4% 3% 100% 1 4,947 62% n/a n/a 3% n/a2 10,258 82% 12% 1% 4% 2% 100% 2 4,598 67% n/a n/a 4% n/a3 10,372 63% 28% 1% 5% 3% 100% 3 5,480 48% n/a n/a 4% n/a4 11,047 56% 35% 1% 6% 3% 100% 4 6,324 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,385 73% 19% 1% 4% 3% 100% 1 3,776 60% n/a n/a 3% n/a2 7,187 79% 14% 1% 4% 2% 100% 2 3,450 66% n/a n/a 3% n/a3 7,679 60% 31% 2% 5% 3% 100% 3 4,421 46% n/a n/a 4% n/a4 8,077 52% 38% 1% 6% 3% 100% 4 5,199 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,508 70% 23% 1% 1% 5% 100% 1 10,257‐227‐2.2%2 5,462 69% 23% 2% 2% 4% 100% 2 10,258‐226‐2.2%3 6,629 54% 37% 1% 5% 4% 100% 3 10,372‐112‐1.1%4 7,209 44% 46% 1% 5% 4% 100% 4 11,047 564 5.4%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 790 7.5%Total Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) PercentagesPlan 1 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 1 ‐ City of HollisterE.1.aPacket Pg. 200

25 1

0.1%
2 2.6%
4 0.5%
3 -3.2%
156
City of HollisterCouncil Districts
Plan 2
Lapkoff & Gobalet Demographic Research, Inc. 11/28/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne HwyMemorial DrClearview DrLegend
Street/Highway
Plan 2
District 1
District 2
District 3
District 4
©2021 CALIPER
E.1.b
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B
B

DistrictTotal PopulationLatino/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatino/ Hispanic White Black Asian Other 1 10,494 76% 16% 1% 4% 3% 100% 1 5,067 62% n/a n/a 3% n/a2 10,756 81% 13% 1% 4% 2% 100% 2 4,820 67% n/a n/a 4% n/a3 10,152 62% 29% 2% 5% 3% 100% 3 5,480 47% n/a n/a 4% n/a4 10,532 56% 34% 1% 6% 2% 100% 4 5,982 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,552 73% 19% 1% 4% 3% 100% 1 3,863 60% n/a n/a 3% n/a2 7,545 78% 15% 1% 4% 2% 100% 2 3,619 65% n/a n/a 3% n/a3 7,490 58% 32% 2% 5% 3% 100% 3 4,459 45% n/a n/a 4% n/a4 7,741 52% 38% 1% 6% 3% 100% 4 4,905 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,644 70% 22% 1% 1% 5% 100% 1 10,494 11 0.1%2 5,790 69% 23% 2% 2% 4% 100% 2 10,756 273 2.6%3 6,304 52% 40% 1% 5% 3% 100% 3 10,152‐332‐3.2%4 7,070 44% 45% 1% 5% 4% 100% 4 10,532 49 0.5%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 604 5.8%Plan 2 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 2 ‐ City of HollisterTotal Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) PercentagesE.1.bPacket Pg. 202

25 1

0.1%
3 0.9%
2 2.6
4 -3.6
156
City of HollisterCouncil Districts
Plan 3
Lapkoff & Gobalet Demographic Research, Inc. 12/16/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne Hwy Memorial DrClearview Dr
Nez Perce Dr
Legend
Street/Highway
Plan 3
District 1
District 2
District 3
District 4
©2021 CALIPER
E.1.c
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B
B

DistrictTotal PopulationLatinx/ Hispanic White Black Asian OtherTotal DistrictTotal PopulationLatinx/ Hispanic White Black Asian Other 1 10,494 76% 16% 1% 4% 3% 100% 1 5,067 62% n/a n/a 3% n/a2 10,756 81% 13% 1% 4% 2% 100% 2 4,820 67% n/a n/a 4% n/a3 10,575 62% 29% 2% 5% 3% 100% 3 5,679 47% n/a n/a 4% n/a4 10,109 56% 35% 1% 6% 3% 100% 4 5,783 43% n/a n/a 4% n/aTotal 41,934 69% 23% 1% 5% 2% 100% Total 21,349 54% n/a n/a 4% n/a 1 7,552 73% 19% 1% 4% 3% 100% 1 3,863 60% n/a n/a 3% n/a2 7,545 78% 15% 1% 4% 2% 100% 2 3,619 65% n/a n/a 3% n/a3 7,850 58% 32% 2% 5% 3% 100% 3 4,622 45% n/a n/a 4% n/a4 7,381 52% 38% 1% 6% 3% 100% 4 4,742 41% n/a n/a 4% n/aTotal 30,328 65% 26% 1% 5% 3% 100% Total 16,846 52% n/a n/a 4% n/a DistrictTotal Pop Deviation % Deviation1 5,644 70% 22% 1% 1% 5% 100% 1 10,494 11 0.1%2 5,790 69% 23% 2% 2% 4% 100% 2 10,756 273 2.6%3 6,634 52% 39% 1% 5% 3% 100% 3 10,575 92 0.9%4 6,740 43% 46% 1% 6% 4% 100% 4 10,109‐375‐3.6%Total 24,808 58% 33% 1% 3% 4% 100% Total 41,934Ideal 10,484 647 6.2%Plan 3 ‐ City of HollisterNon‐HispanicRegistered VotersActual VotersNon‐HispanicPlan 3 ‐ City of HollisterTotal Population PercentagesAge 18+ (Voting Age) Population PercentagesCitizens of Voting Age (CVAP) PercentagesE.1.cPacket Pg. 204

25 1

0.1%
2 2.6%
3 2.2%
4 -4.9
156
City of HollisterCouncil Districts
Plan 4
Lapkoff & Gobalet Demographic Research, Inc. 12/16/21
www.Demographers.com
Hillcrest RdSan Felipe RdNash Rd Sunnyslope Rd
San Juan Hollister Rd
West StSan Benito StSouth St
Meridian StWestside BlvdSouthside RdAi
r
li
ne HwyMemorial DrValley View RdLegend
Street/Highway
Plan 4
District 1
District 2
District 3
District 4
©2021 CALIPER
E.1.d
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[

District
Total
Population
Latinx/
Hispanic White Black Asian Other Total District
Total
Population
Latinx/
Hispanic White Black Asian Other

1 10,494 76%16%1%4%3%100%1 5,067 62%n/a n/a 3%n/a
2 10,756 81%13%1%4%2%100%2 4,820 67%n/a n/a 4%n/a
3 10,718 63%28%1%5%3%100%3 5,562 47%n/a n/a 4%n/a
4 9,966 55%36%1%6%3%100%4 5,900 43%n/a n/a 4%n/a
Total 41,934 69%23%1%5%2%100%Total 21,349 54%n/a n/a 4%n/a

1 7,552 73%19%1%4%3%100%1 3,863 60%n/a n/a 3%n/a
2 7,545 78%15%1%4%2%100%2 3,619 65%n/a n/a 3%n/a
3 7,885 59%31%2%5%3%100%3 4,480 46%n/a n/a 4%n/a
4 7,346 51%39%1%6%3%100%4 4,884 41%n/a n/a 4%n/a
Total 30,328 65%26%1%5%3%100%Total 16,846 52%n/a n/a 4%n/a District Total Pop Deviation % Deviation
1 5,644 70%22%1%1%5%100%1 10,494 11 0.1%
2 5,790 69%23%2%2%4%100%2 10,756 273 2.6%
3 6,827 54%37%1%4%4%100%3 10,718 235 2.2%
4 6,547 42%48%1%6%4%100%4 9,966 -518 -4.9%
Total 24,808 58%33%1%3%4%100%Total 41,934
Ideal 10,484 790 7.5%
Total Population Percentages
Age 18+ (Voting Age) Population Percentages
Citizens of Voting Age (CVAP) Percentages
Plan 4 - City of Hollister
Non-Hispanic
Registered Voters
Actual Voters
Non-Hispanic
Plan 4 - City of Hollister
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From: Jon
Date: January 12, 2022 at 1:22:07 PM PST
To: COHDistrict3 Dolores Morales
Subject: Redistrict Maps

Dear Councilwomen Morales,

I am a resident of Hollister and I am located within your District.

I listened intently to the special Council meeting call last Saturday regarding redistricting, and in general, I agree with your comments that the timing of the District change is not well timed and may not be well received with all that is going on with COVID, the Holidays, and general craziness of life right now.

That said, just like my company, the world continues to turn and business does not seem to want to wait for, essentially, the world to get better.

This note is about the recent meeting regarding redistricting maps and my opinion of those maps.

As requested by the Council, I took some time reviewing the maps that are available on the website. I believe that Map/Plan 1 is the best of the 4 presented. I have attached it so I can be clear as to my preference. I think the professionals did a great job with this map.

This map is the most clean and avoids spearing into each others districts. It seems very equitable in terms of the population mix. It also supports if there is growth through annexation to the South, East and West. The North would expand wider based upon growth maps except for the exception below.

The exception is that to the North, is that I know there are plans to try and annex in areas further past the airport, but technically that will not lead to more homes if I understand the plans correctly. By the way, I am not in favor of that plan, but I will save that opinion until it comes for a vote.

I wanted to respond so that you know that while not all members of the public feel comfortable speaking openly in the public forum due to continued unwarranted attacks from certain council people, we are paying attention do want to be heard.

Thank you for your service to the Community and please reach out if you have any follow-up questions.

Thank You
Jonathan Casey

Hollister, CA 95023

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: December 17, 2021 AGENDA ITEM: Public Hearings DEPARTMENT:

DEPARTMENT HEAD:

Development Services
Abraham Prado, Planning
Manager
CONTACT: Carlos Reynoso, Police Chief
831-636-4330

TITLE OF ITEM: ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 8.28 (NOISE ORDINANCE)RESTRICTIONS ON NOISE LEVELS IN RESIDENTIAL AND ADDING SECTION 8.28.025 DOWNTOWN

MIXED USE DISTRICT NOISE STANDARDS

DESCRIPTION: This Ordinance will amend the established noise ordinance and include decibel level and time restrictions to noise being generated and add a new section (8.28.025) concerning the Downtown Mixed Use District noise levels. This is the first reading and introduction of this Ordinance.

RECOMMENDATION: Read by title only, waive full reading, hold public hearing and INTRODUCE an Ordinance of the City of Hollister amending Chapter 8.28 (Noise) by adding section 8.28.025 Downtown Mixed Use District Noise Standards.

DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints from residents concerning noise violations in the residential areas of the city.

Many noise violations have continued in part because of the existing d isturbance laws requiring a victim to step forward to sign a complaint for a peace disturbance. However, residents have elected to remain anonymous. Therefore, police have been unable to cite the offender for the noise violation without a citizen’s signed complaint.

Additionally, there is a need to establish a separate noise ordinance with a separate decibel level requirement for the downtown mixed used area of the Hollister. The noise level should be at a different level to take into consideration of entertainment that is part of our downtown businesses. The increasing number of residential apartments being built in our downtown area also calls for an established noise ordinance unique to the mixed use nature of our downtown.

The proposed amendments to our existing ordinance establish the reporting party may elect to remain anonymous. If a complaint has been received by the police department, officers may attempt to contact the person responsible for the disturbance and issue a warning. If the noise violation continues and a second call is received, the officers may issue a citation for the violation of this ordinance.

The ordinance does not require a warning and if the person responsible cannot be located, the property owner will be issued the citation for the violation of the noise ordinance.

This proposed ordinance also adds section 8.28.025 which specifically addresses the Downtown Mixed Use District Noise Standards. This section will allow for different E.2
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decibel levels allowed depending on the time of day. It also establishes a process for the issuing of a citation if violations continue.

The ordinance will read as follows under TITLE 8 – Health and Safety and will include the new section to the city municipal code, 8.28.025.

CHAPTER 8.28. - NOISE

8.28.010 - Declaration of policy.

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community.

(Prior code § 3B-1; Ord. 882, § 1, 1996)

8.28.020 - Prohibited generally.

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

B. The term "excessive, unnecessary or unusually loud noise" means a noise disturbance which occurs at any time of the day, not involving a barking dog, and, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity residing in the area.

C. For any kind of noise (with the exception of a barking dog) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it occurs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;

2. Resident complaints, regardless if the complainant wishes to remain anonymous;

3. The proximity of the noise to residential properties;

4. The nature and zoning of the area within which the noise emanates;

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the complaining party or inside an affected multiple-dwelling unit (Prior code § 3B-2; Ord. 882, § 1, 1996)

10. This section shall not apply to a noise violation involving a barking dog. Please see section 6.08.060 for noise disturbances caused by a dog.

D. Noise complaints in residential areas can be subjective, therefore, city personnel cannot be the complaining party. Enforcement of the noise ordinances will only occur once a complaint has been made, regardless of the complaint being anonymous. When possible, a warning may be issued advising the violator a complaint has been filed and if officers have to respond back to the same address within 12 hours for a noise complaint, a citation will be issued to the responsible party or property owner. Repeated calls for noise complaints over a period of time can also lead to a citation being issued.

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A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

8.28.025 – Downtown Mixed Use District Noise Standards

A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

B. Given the desired intensity of land use and activity in the DMU, daytime and nighttime ambient noise levels in the DMU district will exceed other mixed use, residential and commercial districts in the city.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 AM to 10:30 PM, 65 dBA from 10:30 PM to 2:00 AM, or 50 dBA from 2:00 AM to 8:00 AM, measured at the property line where the noise is being generated.

FINANCIAL IMPACT: No financial impact. Existing employees already on patrol will respond and cite offenders. Possible additional revenues into the City’s general fund in the form of fines paid by violators.

CEQA: NA

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1207

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 8.28 (NOISE

ORDINANCE)RESTRICTIONS ON NOISE LEVELS IN RESIDENTIAL AND ADDING SECTION 8.28.025 DOWNTOWN MIXED USE DISTRICT NOISE STANDARDS

WHEREAS, Noise complaints have been an ongoing problem within the City of Hollister; and

WHEREAS, residents have been reluctant to come forward and sign citizen’s arrest for noise violations because of fears of retaliation; and

WHEREAS, the city of Hollister has a need to establish a separate noise ordinance that applies to the downtown mixed use area of the city; and

WHEREAS, an established noise ordinance can lead to less large and noisy events in the residential areas and foster a quieter and safer community; and

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby ordain as follows:

An Ordinance of the City of Hollister restricting noise levels in residential and downtown mixed use areas of the city of Hollister, adding the following amendments and adding section 8.28.025 to the Hollister Municipal Code.

CHAPTER 8.28. - NOISE

8.28.010 - Declaration of policy.

(Prior code § 3B-1; Ord. 882, § 1, 1996)

8.28.020 - Prohibited generally.

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

C. For any kind of noise (with the exception of a barking dog) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it oc curs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;

2. Resident complaints, regardless if the complainant wishes to remain anonymous; E.2
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3. The proximity of the noise to residential properties;

4. The nature and zoning of the area within which the noise emanates;

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the comp laining party or inside an affected multiple-dwelling unit (Prior code § 3B-2; Ord. 882, § 1, 1996)

10. This section shall not apply to a noise violation involving a barking dog. Please see section 6.08.060 for noise disturbances caused by a dog.

A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

8.28.025 – Downtown Mixed Use District Noise Standards
A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 AM to 10:30 PM, 65 dBA from 10:30 PM to 2:00 AM, or 50 dBA from 2:00 AM to 8:00 AM, measured at the prope rty line where the noise is being generated.

INTRODUCED at a regular City Council meeting on the 7th day of February 2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

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Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1207 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 27, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Abraham Prado, Planning
Manager
CONTACT: Cristian Builes, Assistant Engineer
831-636-4340

TITLE OF ITEM: RESOLUTION NO. 2022-13, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SUPPLEMENTAL APPROPRIATION FROM FUND 216 TO PURCHASE ADDITIONAL SPEED

CUSHIONS

BRIEF DESCRIPTION: This Resolution will approve a Supplemental Appropriation from fund 216 to purchase additional speed cushions currently use d for traffic calming.

RECOMMENDATION: That the City Council of the City of Hollister approves this resolution authorizing a Supplemental Appropriation from found 216 to purchase additional speed cushions.

DEPARTMENT SUMMARY: The City of Hollister is currently utilizing speed cushions as a traffic calming measure and is requesting a Supplemental Appropriation from found 216 to purchase additional ones. The City received three (3) quotes for 100, 200 and 300 locations. Staff recommends the City Council the following options:

Quote #1 (100 Locations)

Product Quantity Total Price

Speed Cushion -
7' x 6' x 3" -
MUTCD (1) Arrow

Speed Cushion 7' L
x 6' W x 3" H - (2)
MUTCD (2-Way
Center Cushion)

200.0000

$191,586.26

Quote #2 (200 Locations)

Product Quantity Total Price

Speed Cushion -
7' x 6' x 3" -
MUTCD (1) Arrow

Speed Cushion 7' L
x 6' W x 3" H - (2)
MUTCD (2-Way
Center Cushion)

400.0000

$382,462.40

Quote #3 (300 Locations)
Product Quantity Total Price

Speed Cushion -
7' x 6' x 3" -
MUTCD (1) Arrow

Speed Cushion 7' L
x 6' W x 3" H - (2)
MUTCD (2-Way
Center Cushion)

600.0000

$573,338.54

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FINANCIAL IMPACT: This item will authorize the expenditure of: $191,586.26, $382,462.40 or $573,338.54 from fund 216.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A SUPPLEMENTAL APPROPRIATION FROM FUND 216 TO

PURCHASE ADDITIONAL SPEED CUSHIONS

WHEREAS, the City of Hollister is currently implementing speed cushions as a traffic calming measure throughout the City, and

WHEREAS, the City is requesting a Supplemental Appropriation from fund 216 to purchase additional speed cushions, and

WHEREAS, the City Council was presented with three (3) quotes ra nging from 100 to 300 locations.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, approves the supplemental appropriation from fund 216 for the purchase of additional speed cushions in the amount determine by the City Council.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-13, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 27, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Cecilia Rodriguez, Management
Analyst
CONTACT: Renee Perales, CIP Manager
831-636-4360 x17

TITLE OF ITEM: RESOLUTION NO. 2022-14, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A TASK ORDER WITH

KIMLEY-HORN AND A SUPPLEMENTAL APPROPRIATION FOR THE

PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE HILLCREST ROAD

SEWER AND STORM DRAIN UPGRADE

BRIEF DESCRIPTION: This Resolution will authorize staff to issue a task order to Kimley-Horn based on their proposal and authorize a supplemental appropriation for t he preparation of construction documents for the Hillcrest Road Sewer and Storm Drain line replacement Projects.

RECOMMENDATION: The City Council ADOPT a Resolution authorizing staff to issue a task order to Kimley-Horn based on their proposal and authorize a supplemental appropriation for the preparation of construction documents for the Hillcrest Road Sewer and Storm Drain line replacement Projects.

DEPARTMENT SUMMARY: The City asked Kimley-Horn & Associates to prepare a scope and fee proposal for the Hillcrest Road Sewer and Storm Drain Line Upgrade Projects.

On January 27th, 2022, Kimley horn submitted a proposal to the City for the preparation of construction documents.

The project description is as follows:

Hillcrest Road Sewer Upgrade: consists of replacing approximately 1,400 feet of 8-inch pipe with 10-inch pipe on Hillcrest Road from Memorial Drive to Busby Court. These pipe segments run 50% to 70% full during future peak flow conditions. This upgrade increases collection system capacity to serve future flow conditions within the project area.

Hillcrest Road Storm Drain Upgrade: consists of upgrading approximately 660 linear feet of 24-inch storm drain to 42-inch pipe to provide capacity for the 25-yr storm. This storm drain collects flow from a relatively large tributary area south of Hillcrest Road, including approximately 50 acres currently under the jurisdiction of the County.

Staff recommends the City Council adopt the resolution authorizing staff to issue a task order to Kimley-Horn for the preparation of construction documents and approve an appropriation in the amount of $91,546.00 for those services. The proposal is included as an attachment.

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FINANCIAL IMPACT: $91,546.00 from fund #662.

CEQA: N/A

ATTACHMENTS:

1. Budget Transfer-Appropriation Form

2. attachment 1 -Hillcrest CIP Proposal_

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A TASK ORDER WITH KIMLEY-HORN AND A SUPPLEMENTAL

APPROPRIATION FOR THE PREPARATION OF CONSTRUCTION DOCUMENTS

FOR THE HILLCREST ROAD SEWER AND STORM DRAIN UPGRADE

WHEREAS, the city asked Kimley Horn to prepare a proposal for the preparat ion of construction documents for the Hillcrest Road Sewer and Storm Drain Upgrade Project; and

WHEREAS, Kimley-Horn submitted a proposal dated January 27 th, 2022; and

WHEREAS, a supplemental appropriation is needed in the amount of $91,546.00;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves a supplemental appropriation in the amount of $91,546.00 and authorize staff to issue a task order to Kimley-Horn for the preparation of construction documents per their proposal dated January 27th, 2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-14, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Improvements 662 9000 750010 91,546
Reserves 662 300010 91,546
Total 91,546 91,546

Explanation of Transaction:

Engineering Services by Kimley Horn for the preparation of Constr uction Documents for the Hillcrest Road Sewer and Storm Drain upgrade.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

HOLLISTER CIP TASK ORDER
Date:January 27, 2021
To:Brett Miller, City Manager
City of Hollister
From:Tyler Whaley, PE C74848
Mark Falgout, PE C63394
Sam McWhorter, PE C61788
Kimley-Horn and Associates, Inc.

Subject:Scope of Services for Combined CIP Projects Task Order 2022.2 Hillcrest Utilities Kimley-Horn has prepared this Task Order to confirm our Project Understanding and fee estimates that would ultimately be formalized into an agreement for professional services.

Project Understanding
CIP No.39 – Hillcrest Road Sewer Upgrade: consists of replacing approximately 1,400 feet of 8-inch pipe with 10-inch pipe on Hillcrest Road from Memorial Drive to Busby Court. These pipe segments run 50% to 70% full during future peak flow conditions. This upgrade increases collection system capacity to serve future flow conditions within the project area.

CIP No.70 – Hillcrest Road Storm Drain Upgrade: consists of upgrading approximately 660 linear feet of 24-inch storm drain to 42-inch pipe to provide capacity for the 25-yr storm. This storm drain collects flow from a relatively large tributary area south of Hillcrest Road, including approximately 50 acres currently under the jurisdiction of the County.

Scope of Services
Task 1 – Project Management and Administration
Kimley-Horn will conduct internal project management and administration procedures to schedule deliverables and provide monthly accounting. This task includes maximum of twenty (20) hours of staff time for meeting preparation and attendance.

Task 2 – Topographic Survey
Kimley-Horn will utilize Chappell Geomatics, Inc. as a sub-consultant to perform field survey to obtain topographic survey information for the project limits.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Topographic information will include spot elevations at top of curb, flow line, lip of gutter, crown, back of walk, front of walk, street trees, driveways, tree wells, visible utility locations and invert elevations (if relevant), inlets and manholes, including inverts, water valves with top of valve nut elevation.

Deliverables will include one AutoCAD file in DWG format with the information noted above and a 3D surface for use in design. Horizontal and vertical control points and planimetrics will be included.

Horizontal control will be NAD 83 California State Plane Zone 4 based on GPS measurements. Vertical control will be NAVD 88 based on GPS measurements and post processing with National Geodetic Survey’s Online Positioning User Service and calculated with the latest geoid.

Kimley-Horn will also utilize a sub-consultant to conduct underground utility locate services in this task.

Underground utilities provided by readily available record drawings and detectable by GPR Antenna or Electromagnetic pipe location will be shown on the project survey documents. Up to four potholing locations are included in this task to provide vertical information on the existing utilities.

The survey crew will be paid prevailing wage rates.

Task 3 – Drainage Technical Memorandum
Kimley-Horn will prepare a drainage technical memo that will analyze the flow tributary to the proposed curb inlets in Monterey. The analysis will be limited to the immediate vicinity of the area prone to flooding and be used to size the proposed curb inlets and storm drain lateral. Hydrologic analysis will be based on local drainage design guidelines. No off-site hydrologic analysis is assumed. No downstream hydraulic analysis of the backbone storm drain network is assumed.

Task 4 – Final Design Services
Kimley-Horn will prepare one set construction documents for the combined CIP projects described in the project understanding. The design package for each location will include the following:

Plans - 60%, 90%, and Final Plans
·Title Sheet
·General Notes Sheet
·Horizontal Control and Key Map Sheet
·Pavement Rehabilitation Plans (1”=40’)
·Plan and Profile Sheets for underground replacement improvements (1”=40’) ·Details for improvements will consist of City and Caltrans standard details. These may include but not limited to: storm drain inlets and street repair details for the inlet construction (sawcut limits, trench patch), curb and gutter replacement details, and utility trenching.

Quality Control
Kimley-Horn will perform Quality Control (QC) reviews prior to each milestone submittal and throughout the project development. These will be conducted by individuals with expertise in utility projects who have not been involved with the specific design elements of the project. QC reviews will be documented and saved for future reference.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Specifications
Technical specifications for the proposed facilities are based upon City standards and this scope of services excludes preparation or modifications. Kimley-Horn will assist City staff specification writer with bid item description and quantities.

Quantities and Opinion of Probably Construction Cost (OPC) Quantities of construction items will be determined at each milestone submittal. Kimley-Horn will prepare an OPC using recent relevant bids from similar projects.

Plan Processing
Plans will be processed through the City. Kimley-Horn will respond to reasonable consolidated review comments provided by the City and resubmit the plans for review.

Deliverables
·Plans, Specifications, OPC
·Drainage Technical Memo
·PDF and up to 4 hard copies of Tech Memo and Plans
Task 5 – Bid Phase Services
Kimley-Horn will attend the pre-bid meeting and respond to questions concerning the plans, specifications, and estimates prepared in Task 4. Should a bid addendum be required we assume a maximum of twenty (20) hours of effort. We will review construction bids provided by the Client and make a recommendation to the Client for award of the construction contract.

Deliverables:
·Prepare a construction document addendum, if required, for distribution by the Client. ·Prepare answers to bidder’s questions for distribution by the Client on a weekly basis during bid phase
·Prepare a recommendation to the Client for the award of the construction contract Task 6 – Design Services During Construction
Kimley-Horn will provide its services on a time and materials basis according to the current Master Agreement rate schedule. Construction is assumed to occur over a four-month duration and a maximum of forty five (45) hours will be required of this effort. Services we can provide include the following:

Visits to Site and Observation of Construction Kimley-Horn will provide on-site construction observation visits during the construction phase. Kimley-Horn will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by Kimley-Horn are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, and similar methods of general observation of the Work based on Kimley-Horn’s exercise of professional judgment.

Based on information obtained during such visits and such observations, Kimley-Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn will keep Client informed of the general progress of the Work.

The purpose of Kimley-Horn’s site visits will be to enable Kimley-Horn to better carry out the duties and responsibilities specifically assigned in this Agreement to Kimley-Horn, and to F.2.b
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Kimley-Horn A shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Kimley-Horn neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents.

Clarifications and Interpretations. Kimley-Horn will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work.

Any orders authorizing variations from the Contract Documents will be made by the Client.

Change Orders. Kimley-Horn may recommend Change Orders to Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor.

Shop Drawings and Samples. Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs.

Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities.

Disagreements between Client and Contractor. Kimley-Horn will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, Kimley-Horn shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity.

Applications for Payment. Based on its observations and on review of applications for payment and accompanying supporting documentation, Kimley-Horn will determine the amounts that Kimley-Horn recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Kimley-Horn’s representation to Client, based on such observations and review, that, to the best of Kimley-Horn’s knowledge, information and belief, Contractor’s work has progressed to the point indicated and that such work-in-progress is generally in accordance with the Contract Documents subject to any qualifications stated in the recommendation. In the case of unit price work, Kimley-Horn’s recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests.

By recommending any payment, Kimley-Horn shall not thereby be deemed to have represented that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Kimley-Horn in this Agreement. It will also not impose responsibility on Kimley-Horn to make any examination to ascertain how or for what F.2.b
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 purposes Contractor has used the moneys paid on account of the Contract Price, nor to determine that title to any portion of the work in progress, materials, or equipment has passed to Client free and clear of any liens, claims, security interests, or encumbrances, nor that there may not be other matters at issue between Client and Contractor that might affect the amount that should be paid.

Limitation of Responsibilities. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor.

Assumptions
·Two review cycles of plans submitted through City.
·City is the only reviewing agency.
·Assume City GIS mapping will be used for preparing the utility base mapping for design of the proposed utilities.
·Assume no conflicts with existing utilities as all proposed lines will be replaced in the same location as the existing utility
·Potholing and underground utility locate is limited to the specific scope listed and not all underground utilities may be detected. Assumes contractor will conduct existing utility review and pothole prior to construction.

Services Not Included
Any other services, including but not limited to the following, are not included in this Agreement:
·Downstream hydraulic analysis beyond immediate vicinity of the proposed improvements ·Survey beyond the specific limits noted in the project understanding ·Geotechnical investigation
·It is understood that utility and pavement rehabilitation is exempt from CEQA and environmental permitting is not included in this scope of services F.2.b
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Fee Estimate
The estimated fee for the review and update is summarized in the table below:

Tasks
Project
Manager Principal/QC Professional
I Analyst II Admin Total
Hours Fee
$240 $260 $170 $138 $120
Task 1 - Project
Administration,
meetings &
coordination

20.0 4.0 4.0 12.0 40.0 $7,960
Task 2 -Topographic
Survey 4.0 2.0 4.0 10.0 $1,716
Task 3 -Drainage Tech
Memo 4.0 1.0 8.0 12.0 2.0 27.0 $4,476
Task 4 - Final Design
PSE 34.0 17.0 91.0 123.0 0.0 546.0 $45,024
Task 5 - Bid Phase 10.0 3.0 5.0 2.0 20.0 $4,270
Task 6 - Design
Services During
Construction

20.0 5.0 10.0 5.0 5.0 45.0 $9,090
Labor Total 92.0 30.0 118.0 142.0 25.0 688.0 $64,576
Indirect Expenses (4.6% of labor)$2,970
Direct Expenses (Survey & Pothole allocations)$24,000
Total Labor and Expenses $91,546
Project Schedule
Upon notice to proceed, we will work expeditiously to provide the project exhibits within 4 weeks. Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID-19 Virus.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 26, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

TITLE OF ITEM: RESOLUTION NO. 2022-15, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE BID RECEIVED AND

AWARD A PROFESSIONAL SERVICES AGREEMENT TO SMITH & ENRIGHT

LANDSCAPING FOR PARKS, LANDSCAPES AND SOUND WALL MAINTENANCE

SERVICES

BRIEF DESCRIPTION: This Resolution will accept the bids opened on December 14, 2021 and award a professional services agreement to Smith & Enright Landscaping for parks, landscapes, and sound wall maintenance services.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution accepting the bids and award a professional services agreement to Smith & Enright Landscaping for parks, landscapes, and sound wall maintenanc e services.

DEPARTMENT SUMMARY: On November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape and Sound W all Maintenance Service Agreement. On December 14, 2021, five (5) bids were received. The bid tabulation is attached.

Staff is requesting the City Council of the City of Hollister do the following: Accept the bids received, award the contract to the lowest responsible bidder, and authorize the Mayor of the City of Hollister to execute the contract with Smith & Enright Landscaping.

FINANCIAL IMPACT: Monthly expenditure of $20,067.75. Funds budgeted from the following accounts:

Parks:
101-7000, 709-7000, 660-7000, 712-7000-CFD
SoundWall Zones:
101-7000, 709-7000, 712-7000-CFD
City Buildings
101-7000

CEQA: N/A

ATTACHMENTS:

1. 2022-01-27 PSA Contract-Smith & Enright

2. ATTACHMENT A-SMITH & ENRIGHT rev2

3. ATTACHMENT B-BID LIST rev2

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

ACCEPT THE BID RECEIVED AND AWARD A PROFESSIONAL SERVICES

AGREEMENT TO SMITH & ENRIGHT LANDSCAPING FOR PARKS, LANDSCAPES

AND SOUND WALL MAINTENANCE SERVICES

WHEREAS, On November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape and Soundwall Maintenance Service Agreement ; and

WHEREAS, on December 14, 2021, five (5) bids were received; and

WHEREAS, the lowest bids were received from Smith & Enrigh t Landscaping on the following areas;

Parks Sound Wall Zones
Apricot Park Airline
Frank Klauer Memorial Park Airline and Sunset Drive Veterans Memorial Park two fields Allendale Park
Jerry Gabe Memorial Bark Park Heartland Drive
Mirabella Park San Benito St/Heartland
Vista Park Hill w/one softball field Hillcrest Rd
Water Reclamation Recreation Facility Ladd Ranch
Westfield Park Ladd/Southside
River Park Trail Meridian Street
Rustic Street
Santa Ana Road
Santa Ana Villages
Sunnyslope Rd
Union Road
Westside and Buena Vista

WHEREAS, services will begin on March 1, 2022 and expire on February 29, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, awards a contract to Smith & Enright Landscaping of Salinas, CA for the monthly amount of $20,067.75.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Mayor to execute a contract with Smith & Enright Landscaping.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

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Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-15, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT, made and entered into this 22 day of January, 2022, by and between the City of Hollister, California, a municipal corporation, ("City,") and Smith & Enright Landscaping, a landscaping maintenance firm. (“Contractor”).

1. Description of Project: City desires a Parks, Landscape, and Sound Wall Maintenance Service agreement ("the Project"), and to engage Contractor to provide the required professional services relating to the project. Said services will begin on March 1, 2022.

2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, CONTRACTOR LICENSE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."

4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.

Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.

6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.

7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.

8. Indemnification: Contractor shall indemnify, defend with counsel DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.

9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:

9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.

9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.

9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.

9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:

(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)

(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.

(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.

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(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.

(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.

11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.

12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.

13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor.

Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement. Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.

14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.

15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.

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16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of project. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.

18. Term; Termination: The term of this Agreement shall commence upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention.

Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.

20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.

22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

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23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.

27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:

a. To City:

City Manager
City of Hollister
375 Fifth Street
Hollister, California 95023

b. To Contractor:

Smith & Enright Landscaping
540 Work Street Ste. C
Salinas, CA 93901

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Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.

CONTRACTOR: CITY OF HOLLISTER:

___________________________ _________________________ Signature Ignacio Velazquez City of Hollister Mayor
___________________________
Print Name

APPROVED AS TO FORM:

______________________
Jason Epperson, City Attorney

DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 Selena Herrin 1/27/2022
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EXHIBIT "A"

SCOPE OF SERVICES - BASIC, CONTRACTOR LICENSES

General Scope Summary
The general Scope of Services includes park maintenance, including sport courts, dog parks, turf, shrubs, pest control maintenance, softball field maintenance and groundcover with specialized maintenance of streetscapes, medians, landscape of city buildings, specially funded parks and sound wall maintenance. “Contractor” will furnish all labor, appropriate equipment, materials, disposal and supervision to perform landscape maintenance as described herein.

Maintenance Standard Summary
It is the intent of the “City” to establish a level of maintenance that will present an attractive and desirable landscape appearance at all times. This will be accomplished by keeping plants, lawn, and other vegetation in a healthy, well-kept, safe state at all times.

The work required for this agreement consists of Landscape of facilities, park and sound wall maintenance. To accomplish the City’s objective, Contractor shall provide the following services:

1. Fertilizing and aerating

2. Trimming, pruning, training of shrubs

3. Pest and disease control

4. Mowing, edging, aerating

5. Weed control including herbicide applications

6. Debris and litter removal in parks, playgrounds, city building, and sound wall areas.

Contractor will be responsible for reporting hazardous items in the park, playground, city buildings, and sound wall areas.

7. Leaf pick-up Maintenance

8. Climbing vine and groundcover maintenance

9. Ensure proper pedestrian and vehicle clearance

10. Keeping all gutters, curbs, turn lane noses, parking lots, and pedestrian/bike paths adjacent to Agreement areas free of weeds, trash, leaves, and other debris

11. Removing fallen tree limbs, dead plant material, and any other debris from landscaped and sound wall areas

12. Providing monthly written report from the Contractor’s Landscape Supervisor describing the deficiencies of work not performed.

13. Providing updates within two business days of notification on work orders assigned to “Contractor” by “City”.

14. Sound wall area keep any wall structure or column free of debris, falling leaves, graffiti and vines to avoid the overgrowth on the walls.

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15. Safety Cleanup – Trimming of shrubs, groundcovers or trees that are obstructing path of travel; vehicular/pedestrian lines of vision to safety traffic signs and control signals; removal of hazards such as glass or other harmful debris within children’s play areas and parks; keeping sidewalks free from slime/algae.

16. Sound Wall Maintenance-plantings, irrigation or other types of roadside development lying outside of the right-of-way area reserved for excusive bike/pedestrian use.

Irrigation

1. Complete Irrigation System Assessment to ensure the irrigation system is operated to match the conditions present.

2. The Contractor is responsible for irrigation scheduling and programming. The Contractor will provide a schedule of irrigation that is conducive to the maintenance schedule proposed.

3. Contractor will evaluate the irrigation system uniformity and make recommendations. If repairs to irrigation is required Contractor will provide a quote.

After necessary repairs are made the Contractor is responsible for the replacement of sprinklers to the irrigation system.

4. Contractor will report to the City any malfunction, poor system performance, or damage of the irrigation systems in any City maintenance area immediately including damaged done by Contractor.

Weed Control Plan-Develop an annual weed control plan that your company feels would produce a cost effective approach that provides high quality results for turf, shrubs and ground cover, annual flowers, bike/walking trails, open space edges/ post and cable/fence lines, and hardscape (cracks and crevices) including sidewalk, curb and gutter frontages.

Control weeds with pre-emergent herbicides and selective systematic herbicides or through mechanical means, i.e. mowing, hoeing and weed whipping.

1. Notice prior to application – The contractor shall provide written or e-mail notice five days prior to any pesticide application. The notice shall include the pesticide to be used and proposed application schedule.

2. Do not spray weeds in playground areas. Weeds are to be removed manually.

3. Reoccurring unwanted plants are to be sprayed to kill plant roots or removed by digging up root system.

4. Trees in turf - maintain a minimum 3 ft. radius weed free.

5. Product Use Summery - Prior to the 15th of the month, the contractor shall provide to the city a summary of pesticides used the prior month. Provide the product EPA registration number and the amount of product used.

6. Posting – post all entry areas with spray notices when broadcast spraying public use areas and verbally notify public visitors when spot spraying when in the area.

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Remove facility spray notices when spraying is complete unless product label provides for different posting requirements.

7. Spray marker – the routine use of spray marker dyes is discouraged.

Written Pest Control Recommendations - A written pest control recommendation from a licensed pest control advisor will be required for all pesticide applications. The contractor shall provide copies of all recommendations to the City at least five working days prior to application. Recommendation shall take into consideration drainage to water ways, drain inlets, and adjacent schools. Recommendation shall evaluate pesticides used and application activities performed and identify pollution prevention and source control opportunities. Minimal insect control is practiced and is to be handled on a case-by-case basis.

Work Hours
Normal working hours shall be between 7:00 a.m. and 5:00 p.m. Monday through Friday.

No work shall be done on the weekends, holidays, and before or after these specified hours, unless otherwise approved by the City’s authorized representative. Any approval of a modification by the City will be considered as a temporary change to the schedule Locks and Keys
The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall properly use and keep safe all keys or locks issued or used by the City to the Contractor.

The contractor shall report all lost or stolen keys or locks to the City representative(s) within twenty-four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of replacing the lock, re-keying the site or duplicating additional keys.

Upon termination or cancellation of the Contract, the Contractor shall immediately return all keys, cards etc., to the City. The Contractor shall reimburse the City for the total cost, as determined by the City, for the total cost of keys not returned.

Contractor License
Contractor must possess the following valid license during the duration of the agreement:

1. City of Hollister Business License

2. C27 Landscape Contractor License

3. Pest Control Licensing

4. California Contractor’s License

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EXHIBIT "B"

COMPENSATION

City shall pay Contractor an amount comprised of the following:

Parks Maintenance performed weekly.

Park Monthly Invoice
Apricot Park $1050.00
Frank Klauer Memorial Park $1470.00
Veterans Memorial Park $770.00
*two softball fields
Hollister Skate Park $175.00
Jerry Gabe Memorial Bark Park $490.00
John Z. Hernandez Park $227.50
McCarthy Street Park $875.00
Santa Ana Park $1,400.00
Tony Aguirre Memorial $595.00
Mirabella Park $175.00
Vista Park Hill $1050.00
Water Reclamation $1750.00
Recreation Facility
Westfield Park $1050.00
Solorio Park I $280.00
Solorio Park II $210.00
River Park Trail $245.00

Facility Maintenance performed biweekly.

City Facilities Monthly Invoice
Hollister Community Center $420.00

Sound Wall Zone maintenance performed monthly.

Zone Location Monthly Invoice

1. Airline $770.00

2. Airline and Sunset Drive $315.00

3. Allendale Park $1505.00

6. Heartland Drive $105.00
Saddlebrook to Nora Dr

7. San Benito St/Heartland $105.00
Southside to Eastview Dr

8. Hillcrest Rd $350.00

9. Ladd Ranch $250.25
DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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10. Ladd/Southside Rd $770.00

11. Meridian Street $350.00

12. Rustic Street $70.00

14. Santa Ana Road $105.00

15. Santa Ana Villages $35.00

16. Sunnyslope Rd $490.00

17. Sunnyslope Village $1,505.00

19. Union Road $1540.00

20. Westside and Buena Vista $70.00

DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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EXHIBIT "C"

DESIGNATION OF KEY PERSONNEL

NAME TITLE

1. ______________________________ ______________________________

2. ______________________________ ______________________________

3. ______________________________ ______________________________

DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 Jose Sanchez Team Care Manager
Property Care ManagerRich Alcala
Selena Herrin General Manager
F.3.a
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Exhibit “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE

DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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CONTRACT COVER SHEET
Staff member responsible for contract must complete sections 1-7 AND upload contract as attachment
From (Staff name and Department):

Tina Garza- Recreation
Document name and type:

Contract-Smith & Enright

Council Meeting Date:

February 7, 2022
Staff Report ID # (MinuteTraq):
3263

Project Name:

PSA for Parks, Landscape and Sound Walls
Vendor Name:

Smith & Enright Landscaping

Needs to be Recorded by County?
☒No
☐Yes (DocuSign contract must include cover
sheet for recorder’s office)
Date to be recorded
by:_______________

Notary required? (must indicate/flag ALL
sections that need notarization):
☒No
☐Yes
For Clerk Use Only
☐Routed back to staff person (incomplete):____________________________________ ☐Routed back to staff person (vendor signatures):_______________________________ ☐Approved by Council:________________________Resolution No:_________________ ☐Not Approved by Council (return to staff member):_____________________________

Clerk Use Only
Received Date:

Initials:
1 2
3 4
6 7
5 DocuSign Envelope ID: D13E95D6-2F28-41A8-AD81-1FCD5F9DC044 F.3.a
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EXHIBIT "A"

SMITH ENRIGHT

AWARDED
Item
No.PARK Monthly Cost
A.2 Apricot Park 1,050.00$
A.4 Frank Klauer Memorial Park 1,470.00$
A.5 Hollister Skate Park 175.00$
A.6
Veterans Memorial Park w/ two
(2) softball fields 770.00$
A.7 Jerry Gabe Memorial "Bark Park"490.00$
A.8 John Z. Hernandez Memorial Park 227.50$
A.10 McCarthy Street Park 875.00$
A.11 Mirabella Park 175.00$
A.13 Santa Ana Park 1,400.00$
A.14 Tony Aguirre Memorial Park 595.00$
A.16
Vista Park Hill w/ one (1) softball
field 1,050.00$
A.17
Water Reclamation Recreation
Facility 1,750.00$
A.18 Westfield Park 1,050.00$
A.21 River Trail Park 245.00$
TOTAL 11,322.50$
CITY FACILITIES Monthly Cost
B.2 Hollister Community Center $420.00
TOTAL $420.00
ZONE SoundWall Zones Monthly Cost
C.1 Airline 770.00$
C.2 Airline and Sunset Drive 315.00$
C.3 Allendale Park 1,505.00$
C.6 Heartland Drive 105.00$
C.7 San Benito St/Heartland 105.00$
C.8 Hillcrest Rd 350.00$
C.9 Ladd Ranch 250.25$
C.10 Ladd/Southside 770.00$
C.11 Meridian Street 350.00$
C.12 Rustic Street 70.00$
C.14 Santa Ana Road 105.00$
C.15 Santa Ana Villages 35.00$
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EXHIBIT "A"

SMITH ENRIGHT

AWARDED
C.16 Sunnyslope Road 480.00$
C.17 Sunnyslope Village 1,505.00$
C.19 Union Road 1,540.00$
C.20 Westside and Buena Vista 70.00$
TOTAL 8,325.25$
MONTHLY TOTAL 20,067.75$
ANNUAL TOTAL 240,813.00$
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EXHIBIT "B"

BID LIST
Terracare
Associates N.Ramirez
Smith &
Enright
Brightview
Landscapes Cutting Edge
Item
No.PARK Acres Monthly Cost Monthly Cost Monthly Cost Monthly Cost Monthly Cost A.1 Allendale Park 6.25 2,416.00$ 1,750.00$ 914.00$ 4,800.00$ A.2 Apricot Park 2.04 1,286.55$ 1,280.00$ 1,050.00$ 1,314.00$ 2,600.00$ A.3
Dunne Park w/two (2)
softball fields and a
Clubhouse 4.75 2,595.84$ 1,890.00$ 1,575.00$ 1,262.00$ 3,600.00$ A.4
Frank Klauer Memorial
Park 4.75 2,237.08$ 1,470.00$ 1,503.00$ 3,600.00$ A.5 Hollister Skate Park 1.34 115.11$ 175.00$ 374.00$ A.6
Veterans Memorial Park
w/ two (2) softball fields 2.25 1,083.00$ 1,360.00$ 770.00$ 845.00$ A.7
Jerry Gabe Memorial
"Bark Park"1.9 787.33$ 720.00$ 490.00$ 2,600.00$ A.8
John Z. Hernandez
Memorial Park 0.21 167.22$ 560.00$ 227.50$ 771.00$ 775.00$ A.9 Las Brisas Park 1 452.86$ 1,120.00$ 770.00$ 577.00$ 1,100.00$ A.10 McCarthy Street Park 1.5 752.27$ 1,230.00$ 875.00$ 950.00$ 2,400.00$ A.11 Mirabella Park 0.36 339.54$ 175.00$ 357.00$ 950.00$ A.12
Nora Drive Park(Ladd
Lane)0.12 169.01$ 450.00$ 280.00$ 257.00$ 450.00$ A.13 Santa Ana Park 3 873.67$ 3,050.00$ 1,400.00$ 1,420.00$ 3,200.00$ A.14
Tony Aguirre Memorial
Park 1 582.38$ 595.00$ 643.00$ 1,100.00$ A.15
Valley View Park
(additional expansion
expected from existing
size of 2.65 for a total of

5.19)2.65 1,558.58$ 1,330.00$ 1,009.00$ 2,800.00$ A.16
Vista Park Hill w/ one (1)
softball field 5 1,397.78$ 1,460.00$ 1,050.00$ 1,138.00$ 3,800.00$ A.17
Water Reclamation
Recreation Facility 49.72 16,501.31$ 1,750.00$ 5,865.00$ A.18 Westfield Park 3.01 1,451.72$ 1,050.00$ 3,000.00$ A.19 Solorio Park I 0.5 269.26$ 550.00$ 280.00$ 457.00$ 700.00$ A.20 Solorio Park II 0.11 166.18$ 560.00$ 210.00$ 257.00$ 450.00$ A.21 River Trail Park 4.5 255.24$ 245.00$ 1,877.00$ 3,400.00$ F.3.c
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'
1J

EXHIBIT "B"

BID LIST
Terracare
Associates N.Ramirez
Smith &
Enright
Brightview
Landscapes Cutting Edge
CITY FACILITIES Monthly Cost Monthly Cost Monthly Cost Monthly Cost Monthly Cost B.1 City Hall-375 Fifth Street $130.93 $450.00 $1,050.00 $257.00 $275.00 B.2
Hollister Community
Center-300 West Street $168.45 $500.00 $420.00 $472.00 $500.00 Terracare
Associates N.Ramirez
Smith &
Enright
Brightview
Landscapes Cutting Edge
ZONES SOUNDWALL ZONES Sq. Ft.Monthly Cost Monthly Cost Monthly Cost Monthly Cost Monthly Cost C.1 Airline 132469 1,778.23$ 770.00$ 1,679.00$ 2,571.43$ C.2 Airline and Sunset Drive 53931 577.54$ 315.00$ 915.00$ C.3 Allendale Park 76200 3,095.40$ $6,790.00 1,505.00$ 2,196.00$ C.4 Buena Vista 4534 270.81$ 245.00$ 135.00$ C.5 Enterprise Road 3422 225.84$ 210.00$ 103.00$ C.6
Heartland Dr
(Saddlebrook to Nora
Dr)5258 167.32$ 105.00$ 157.00$
C.7
San Benito St/Heartland
(Southside to Eastview
Dr)5134 253.42$ 105.00$ 151.00$
C.8 Hillcrest Rd 15910 616.32$ $3,260.00 350.00$ 468.00$ C.9 Ladd Ranch 11698 442.26$ 250.25$ 350.00$ C.10 Ladd/Southside 32570 1,037.95$ 770.00$ 958.00$ C.11 Meridian Street 16324 610.71$ $2,300.00 350.00$ 482.00$ C.12 Rustic Street 2571 128.49$ $1,400.00 70.00$ 76.00$ C.13 San Benito Street 2259 138.66$ 70.00$ 55.00$ C.14 Santa Ana Road 6874 208.91$ $820.00 105.00$ 203.00$ C.15 Santa Ana Villages 1611 181.07$ $620.00 35.00$ 50.00$ C.16 Sunnyslope Road 18645 555.89$ 480.00$ 554.00$ C.17 Sunnyslope Village 72087 921.75$ 1,505.00$ 2,893.00$ C.18 Sunset Dr/Southside Rd 33247 1,139.41$ 1,015.00$ 990.00$ C.19 Union Road 57611 1,610.00$ 1,540.00$ 1,713.00$ C.20
Westside and Buena
Vista 4689 249.62$ 70.00$ 139.00$
C.21 Westside BLVD 25026 750.76$ 1,050.00$ 740.00$ F.3.c
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•
"
..
~, ~,

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 7, 2022
SUBMITTED: January 26, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

TITLE OF ITEM: RESOLUTION NO. 2022-16, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE BID RECEIVED AND

AWARD A PROFESSIONAL SERVICES AGREEMENT TO BRIGHTVIEW
LANDSCAPING SERVICES, INC. FOR THE PARKS, LANDSCAPES AND SOUND

WALL MAINTENANCE SERVICES

BRIEF DESCRIPTION: This Resolution will accept the bids opened on December 14, 2021 and award a professional services agreement to BrightView Landscaping Services for parks, landscapes, and sound wall maintenance services.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution accepting the bids and award a professional services agreement to BrightView Landscaping Services for parks, landscapes, and sound wall maintenance services.

DEPARTMENT SUMMARY: On November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape and Soundwall Maintenance Service Agreement. On December 14, 2021, five (5) bids were received. The bid tabulation is attached.

FINANCIAL IMPACT: Monthly expenditure of $6,299.00. Funds budgeted from the following accounts:

Parks:
101-7000, 709-7000, 660-7000, 712-7000-CFD
SoundWall Zones:
101-7000, 709-7000, 712-7000-CFD
City Buildings
101-7000

CEQA: N/A

ATTACHMENTS:

1. 2022-01-27 PSA Contract-BrightView

2. ATTACHMENT A-BRIGHTVIEW rev2

3. ATTACHMENT B-BID LIST rev2

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

ACCEPT THE BID RECEIVED AND AWARD A PROFESSIONAL SERVICES AGREEMENT TO BRIGHTVIEW LANDSCAPING SERVICES, INC. FOR THE PARKS,

LANDSCAPES AND SOUND WALL MAINTENANCE SERVICES

WHEREAS, On November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape and Sound Wall Maintenance Service Agreement; and

WHEREAS, on December 14, 2021, five (5) bids were received; and

WHEREAS, the lowest bids were received from BrightView Landscaping Services, Inc. on the following areas;

Parks Sound Wall Zones
Allendale Buena Vista
Dunne Park and softball fields Enterprise Road
Valley View Park San Benito Street
Las Brisas Park Sunset Dr/Southside Rd
Nora Park Drive Westside BLVD

City Facilities
City Hall

WHEREAS, services will begin on March 1, 2022 and expire on February 29, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accepts the bids, award a contract to BrightView Landscaping Services, Inc. of San Jose, CA for the monthly amount of $6,299.00.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the City Mayor to execute a contract with BrightView Landscaping Services, Inc.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-16, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of February, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT, made and entered into this 22 day of January, 2022, by and between the City of Hollister, California, a municipal corporation, ("City,") and BrightView Landscaping Services,Inc., a landscaping maintenance firm. (“Contractor”).

2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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"COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.

9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:

(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.

(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor.

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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a. To City:

City Manager
City of Hollister
375 Fifth Street
Hollister, California 95023

b. To Contractor:

BrightView Landscaping Services, Inc.
825 Mabury Road
San Jose, CA 950133

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.

CONTRACTOR: CITY OF HOLLISTER:

___________________________ _________________________ Signature Ignacio Velazquez City of Hollister Mayor
___________________________
Print Name

APPROVED AS TO FORM:

______________________
Jason Epperson, City Attorney

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 Fred Freund
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EXHIBIT "A"

SCOPE OF SERVICES - BASIC, COMPLETION SCHEDULE

The work required for this agreement consists of Landscape of facilities, park and sound wall maintenance. To accomplish the City’s objective, Contractor shall provide the following services:

1. Fertilizing and aerating

2. Trimming, pruning, training of shrubs

3. Pest and disease control

4. Mowing, edging, aerating

5. Weed control including herbicide applications

6. Debris and litter removal in parks, playgrounds, city building, and sound wall areas.

Contractor will be responsible for reporting hazardous items in the park, playground, city buildings, and sound wall areas.

7. Leaf pick-up Maintenance

8. Climbing vine and groundcover maintenance

9. Ensure proper pedestrian and vehicle clearance

10. Keeping all gutters, curbs, turn lane noses, parking lots, and pedestrian/bike paths adjacent to Agreement areas free of weeds, trash, leaves, and other debris

11. Removing fallen tree limbs, dead plant material, and any other debris from landscaped and sound wall areas

12. Providing monthly written report from the Contractor’s Landscape Supervisor describing the deficiencies of work not performed

13. Providing updates within two business days of notification on work orders assigned to “Contractor” by “City”

14. Sound wall area keep any wall structure or column free of debris, falling leaves, graffiti and vines to avoid the overgrowth on the walls.

DocuSign Envelope ID: 259B78DC-93CD-4B16-AED9-7F7D814DF415 F.4.a
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