Hollister City Council
February 22, 2022

MAYOR
Ignacio Velazquez

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
Brett Miller

CITY ATTORNEY
Jason S. Epperson

CITY CLERK
Christine Black

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Anietra Gomez

CITY COUNCIL AGENDA
Regular Meeting
February 22, 2022
6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a Speaker’s Card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an Agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the Agenda will be heard under the Public Input Section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. P owerPoint presentations must be presented to the City Clerk by Noon on the day of the City Council meeting.

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
This meeting provides a safe environment for staff and the public to conduct city business, while allowing for public participation during the COVID-19 global emergency.

The public may watch the meeting via live stream at:

City of Hollister Website

City Council Tuesday, February 22, 2022 Page 2 of 7

http://hollisterca.iqm2.com/Citizens/Default.aspx

or

Community Media Access Partnership (CMAP) at:
http://cmaptv.com/watch/

or

City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured

Public Participation:

The public may attend meetings; a face mask is required to be worn regardless of vaccination status. Due to recent outbreaks of COVID, remote public participation is strongly encouraged. If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_GH9nK8YcSDGbHrMVsAXITQ

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Public Employee Evaluation per Government Code section 54957

Title: City Clerk

2. Public Employee Evaluation per Government Code section 54957

Title: City Manager

3. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54566.9(b)

Two (2) potential cases

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT
A. CONSENT ITEMS

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All items listed under consent Resolution will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a Staff member, or a Citizen.

Consent items are numbers: A1, A2, and A3

1. The minutes of the Special Meeting of City Council January 22, 2022

2. The minutes of the Regular Meeting of City Council February 7, 2022

3. Resolution No. 2022-18 a Resolution of the City Council of the City of Hollister Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Hollister During a Declared State of Emergency and Pursuant to Government Code Section 54953 (AB 361) (City Clerk)

BRIEF DESCRIPTION: On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. Staff recommends that City Council adopt the proposed Resolution approving continued teleconference “hybrid” meetings of all City legislative bodies pursuant to the provisions of AB 361. Due to a lapse in reauthorizing this Resolution at the February 7, 2022, City Council Meeting, we must adopt a new Resolution and continue to reauthorize at each meeting.

RECOMMENDATION: That City Council ADOPT a Resolution authorizing remote teleconference meetings of the legislative bodies of the City of Hollister during a declared State of Emergency and pursuant to Government Code Section 54953 (AB 361).

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

Receive report from City Manager.

2. Trainings and Conferences

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Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS

1. 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 (Police)

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.

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. 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 (City Clerk)

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 1 st 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: Read by title only, Waive full reading, and ADOPT 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.

2. Resolution No. 2022-19 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to apply for the Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Grant FY 2021-2022 (Fire)

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to apply for the Department of Forestry and Fire Protection California Climate Investments FY 2021-2022 Fire Preventions Grant Program. This grant is to secure funding for fire prevention projects and activities in and near fire

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threatened communities that focus on increasing the protection of people, structures, and communities.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to apply for the Department of Forestry and Fire Protection California Climate Investments FY 2021-2022 Fire Preventions Grant Program.

3. Resolution No. 2022-20 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M. Caballero (Fire)

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M. Caballero, Senate District 12 for Capital Improvement Projects (CIP) for the City of Hollister.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M.

Caballero for Capital Improvement Projects (CIP) for the City of Hollister.

4. Resolution No. 2022-21 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to apply for the California Governor's Office of Emergency Services - Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity (Fire)

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to apply for the California Governor’s Office of Emergency Services – Hazard Mitigation Assistance --Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity– a grant for eligible social vulnerable and high hazard communities.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to apply for California Governor’s Office of Emergency Services – Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity - a grant for eligible social vulnerable and high hazard communities.

5. Resolution No. 2022-22 a Resolution of the City Council of the City of Hollister adding Veteran Preference in Police Officer hiring process (Police)

BRIEF DESCRIPTION: This resolution would update current hiring process to add preference in the police officer hiring process for honorably discharged United States Military Veterans.

RECOMMENDATION: Staff recommends the City Council adopt this resolution authorizing the adding of Veterans’ Preference to the Police

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Officer Hiring Process.

6. Resolution No. 2022-23 a Resolution of the City Council of the City of Hollister Adopting the Job Description for the Position of Assistant City Manager (City Manager)

BRIEF DESCRIPTION: This item would approve a job description for the Assistant City Manager position.

RECOMMENDATION: Staff recommends City Council ADOPT a Resolution approving the job description for the position of Assistant City Manager.

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.

3. Update on Public Records Act Requests and authorize staff to discuss a possible MOU with San Benito County to share costs for a paralegal (City Clerk)

BRIEF DESCRIPTION: Receive an update on recent public records requests and authorize staff to discuss a possible MOU with the County of San Benito to assist with public records requests in which the County would share costs of a paralegal position. We may be able to use American Rescue Plan Act funds, pending current obligation of funds.

RECOMMENDATION: Authorize staff to discuss a possible MOU with the County of San Benito to share the cost of a paralegal position, and if authorized amend the schedule of authorized positions to reflect the new position.

H. UNFINISHED BUSINESS
None.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY

City Council Tuesday, February 22, 2022 Page 7 of 7

None.

L. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.

Notification of 48 hours prior to the meeting will ena ble the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102 -35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

The next City Council Meetings are scheduled as follows:

Regular City Council Meeting -- Monday, March 7, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, March 21, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, April 4, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, April 18, 2022, at 6:30 p.m.

CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special Meeting
January 22, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER

PLEDGE OF ALLEGIANCE
Council Member Resendiz led the pledge of allegiance.

ROLL CALL
The Special Meeting of the City Council was called to order by Mayor Ignacio Velazquez on January, 22, 2022 at 9:00 AM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Remote
Tim Burns District 4 Present
Jason S. Epperson City Attorney Remote 9:04 AM
Christine Black City Clerk Absent
Carlos Reynoso Police Chief Remote
Brett Miller City Manager Present

VERIFCATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council Special Meeting of January 22, 2022, was posted on the bulletin board at City Hall on January 18, 2022, at 10:00 a.m. per Government Code section 54956.

A. CITY COUNCIL OF THE CITY OF HOLLISTER

1. Resolution No. 2022-9 a Resolution of the City Council of the City of Hollister adopting a Speed Cushion Policy and Procedure for the City of Hollister

Associate Engineer Socorro Zendejas gave a brief introduction of the item.

Public Comment:

None

Ms. Zendejas answered questions from Council. She reported that Public Works staff is trained and able to keep up with the speed cushion demand and have been doing A.1
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so effectively, and that each speed cushion costs about $3,000. She explained the proposed speed cushion policy, and the importance of establishing one representative from the neighborhood to be the point of contact.

Council thanked Engineering Staff and the consultants for their hard work and professionalism in creating the proposed Speed Cushion Policy. Council expressed agreement that the proposed policy has some good elements in it, such as creating a standard process and having one point of contact in each neighborhood involved.

Council gave consensus overall a formal policy would slow down the process of installing speed cushions, as well as put an undue burden of time and ownership for residents to get them installed. Council voiced agreement to have City staff continue the way are installing speed cushions, which is through conducting traffic studies and installing speed cushions where there is the greatest need first, and continuing analyzing other areas and installing them where needed. Council also voiced agreement that it is very important that the speed cushions are visible, and placed in a way that allows public safety vehicles to get through. Council expressed that the most important aspect of speed cushions is to keep everyone safe and save lives.

Council Member Morales said she would like to see more concrete data regarding the amount and type of complaints regarding speeding in neighborhoods before adopting a policy, in order to have a better understanding what is needed in a policy and coming to a decision. She cautioned that the City evaluate the need for speed cushions, find out how many are needed and where, before spending the money to order them.

Mayor Velazquez said it's a shame that people speed through the streets to start with, but the City already has a way to analyze and determine where the speeding problems are and put in the speed cushions where necessary. He added that Nash Road, Sally, and Sunnyslope should have speed cushions, as well as anywhere near a school to prevent speeding and make it more safe for children. He said it becomes a question of how many speed cushions to order, and how many to budget for. He noted that anywhere where speed bumps have been installed the neighbors were very appreciative of them, but there will always be some people who are angry because they want to speed.

Council consensus was to not adopt a formal policy on speed cushions at this time.

Council directed staff via consensus to come back with quotes for ordering speed cushions and find out if a bulk discount is offered, and to continue to install speed cushions in the areas where a traffic analysis has been done and shown that they are needed. Council also requested that staff gather information about whether other nearby agencies want to order speed cushions as well and see if a greater bulk discount is offered.

2. 2022 Rally Status Report

City Manager Miller gave a brief introduction of the item and introduced Randy Burke from Roadshows Street Vibrations Entertainment. He added that Mr. Burke has planned the Independence Day Biker Rally for Hollister in the past, and looks forward to planning one again for 2022. He stated that Mr. Burke has met with Mayor Velazquez, Vice Mayor Perez, Police and Fire Chief, and the City Manager to discuss the vision for the Rally.

Public Comment:

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None

Mr. Burke answered questions from Council regarding his 28 years of experience in planning similar events all over the county. He spoke about his concerns about another Rally being canceled after he puts forth the funds to promote it. He said the pandemic is a major concern to be able to safely put on the Rally this year, as well as having a contract that is fair to both him and the City in the event of a cancellation.

He said that he would need to know before March if the Rally in Hollister is happening before he gets sponsors lined up and noted that typically event planning and sponsorship begins up to 3 years in advance.

Council Member Morales would like to see the residents and businesses near downtown be involved in the collaboration of the Rally event to get their input. She said that looking at past years when the Rally happened, it is unclear how much tax revenue and benefits the City and community has gained. She added that since the amount of revenue generated is apparent, she suggested the City have a plan in place to be able to obtain this information for the next Rally to see if there is a cost benefit.

Mayor Velazquez said that the Rally is a rich part of the history of Hollister, which is known around the world as the "birthplace of the American biker". He voiced support of hiring a professional to do a revenue study for the Rally. He noted that much of the revenue generated by the Rally is difficult to track because of the many factors involved, such as vendors, restaurants, hotels, bartenders, small businesses, as well as how much of that money is put back into the community. He said the top concern is how the pandemic will affect the City's ability to hold a Rally, however, the difference now is that vaccines and boosters are widely available.

Mayor left the dais at 10:34 a.m. and returned at 10:36 a.m.

Fire Chief Martin Del Campo said that some of his concerns are the pandemic and diminished Fire staff resources as a result. He voiced concern about the spread of COVID and having a plan for other threats such as an active shooter. He said Hollister must collaborate to make emergency plans ahead of time.

Council Member Resendiz left the dais at 10:39 a.m. and returned at 10:41 a.m.

Police Chief Reynoso said it is very difficult to contract outside law enforcement agencies to help staff an event around the 4th or July, and the cost to reimburse those agencies is very expensive. He reported that he reached out to California Department of Corrections and probation departments to see if they can assist Hollister with public safety staff for the Rally. He said that a major conc ern is the Rally bringing in rival biker gangs to the City and there being fights or worse. He said the culture of many bikers to always carry a weapon on them. He said in the past volunteers would sign up to help with security, but unpaid volunteers tend to walk away or not want to get involved with fights or other problems. He said that biker rallies are not as big as they used to be and not generating as much revenue as in the past. He said he will reach out to these outside agencies again to confirm by March if they can provide enough public safety staff, but he recommended including a provision in the Rally contract for the City to be able to cancel the Rally if they do not have enough public safety officers to staff the event. Chief Reynoso also stated that last year Corbin had a biker event in Hollister around 4th of July, and in their public assembly permit they promised to have 12 security officers for their event, but A.1
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only had 2, so police and fire personnel had to respond to issues which put a strain on resources.

Vice Mayor Perez left the dais at 11:02 a.m. and returned at 11:04 a.m.

Council Member Burns said he would like the contract with Roadshows to have a clause to reimburse the promoter for any lost costs if the City decides to cancel the Rally, as well as reimburse for lost costs from last year's canceled Rally. Council Member Burns asked Interim Development Services Director Prado how we can prevent businesses or people with big empty lots from using their space to do retail sales during the Rally without a permit and who do not contribute to the Rally promoters costs. Mr. Prado said that in the past people from out of state have come in and used those empty lots without permission to do retail sales. He said that others have applied for a temporary use permit to use their space for the weekend for retail. Council Member Burns would like to see an Ordinance or Code amendment put in place in advance to prevent people from taking advantage of the Rally, and make sure that these people or businesses work together with the promoter. He said he is extremely concerned about Corbin not following through providing the security for their public assembly permit last year, and would hesitate to allow them to have an event this year. He requested more specifics of how many times police and fire had to respond to their event, if any citations or fines were issued, and how much of the City's public safety resources were used.

Vice Mayor Perez voiced agreement that he would like to know at least a ballpark amount of revenue the City has received from past Rallies. He noted that securing an agreement with outside agencies to provide public safety officers for the Rally is of utmost importance, as well as businesses like Corbin providing the security staff for their events as promised.

Council Member Resendiz voiced support of the Rally and adding a clause in the contract to reimburse the promoter for lost revenue if the City cancels the event, but disagrees with going back to past years and reimbursing promoters lost costs retroactively. He said that any COVID relief funds that were given to the promoter should be factored in as well. He voiced support of City staff going to other Biker Rallies to get more information on what other Cities are doing, but not necessarily sending Council Members, unless it is an option given to all Council Members.

Public Comment:

Priscilla Jones addressed the Council.

Carol Lenoir addressed the Council.

Fire Chief Martin Del Campo responded to public comment said they do have a contingency plan and mutual aid agreement on an ongoing basis.

Council gave consensus to the City Manager and City Attorney to move forward with negotiating a contract amendment with Roadshows for the 2022 Biker Rally. Council added that the addendum should contain a fair solution for reimbursement to the promoter in the event the City cancels the Rally, and a clause that the City may cancel the Rally if there is a state mandated lockdown to due the COVID-19 pandemic, or if there is a shortage of adequate public safety staff to hold the event.

Council directed staff via consensus to come back the first meeting in March with the contract addendum and for Council to make a decision whether to approve the contract and Rally at the first meeting in March.

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Recess

Council took a recess at 11:45 a.m and reconvened at 11:57 a.m.

3. Report to the City Council of the City of Hollister To Discuss the Use of the American Rescue Plan Act (ARPA) Funds

City Manager Miller gave a brief introduction of the item. He said that this item was brought back per Council's request to discuss how to spend the $9,000,000 American Rescue Plan Act (ARPA) funds available to the City that must be used by December 31, 2024. He gave an overview of a draft budget allocating the funds, and asked for direction from Council on how to move forward.

Council discussed the proposed budget for the ARPA funds, and asked questions of the City Manager. City Manager Miller confirmed that no City employees were laid off because of COVID, employees have been given raises in the last 2 years, and employees did not have to use their own sick time if they missed work due to COVID.

Mr. Miller said he would have to check with the City Attorney if Council Members are considered employees and if they would be eligible for hazard pay.

Council Member Morales said she would like to see an additional public works position added who would work with businesses as a liaison to help solve the problems they are facing to stay in business. She said she would also like to see funds used to help businesses pivot to online services for long -term security in the future. She voiced concern about Latinx business owners not having the same resources and would like to be sure that the funds are distributed fairly across the community. She stated that she would like to focus the hazard pay and funds within the sphere of our City and employees, and consider hiring more staff. She said that there are currently no policies or funds in place to give recognition or thanks to staff and giving employees hazard pay is an opportunity for Council to show their appreciation. She noted that staff who worked remote or in an office faced still faced health risks, logistical challenges, increased workload, and are often performing multiple jobs due to short staffing.

Council Member Resendiz said he would like to see the funds used to benefit the community and invest in infrastructure for the long term. He added that the entire community has been affected by COVID, and the ARPA funds should be put back into the community, and recognize essential workers not limited to City staff that worked through the pandemic. He suggested that if the funds are put into the general fund they should be earmarked for specific uses, such as tourism and local business revitalization. He would also like to consider using funds to reinforce the dais with bulletproof barriers for safety.

Vice Mayor Perez suggested looking into whether the ARPA funds can be used to add broadband to the city, as well as purchasing vehicles for the Police Department that have surveillance cameras so they can be moved around to wherever needed, such as events like the Rally. He said Council should decide what to do regarding hazard pay for City employees sooner rather than later.

Council Member Burns requested information on how other nearby jurisdictions are spending the ARPA funds. He expressed that he would like to see the City of Hollister hire its own Economic Development Director and Assistant City Manager.

He suggested creating a program to give small business loans or grants to help get A.1
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them on their feet. He requested that the program include a process that assures that the business is going to stay in Hollister and monitors a return on investment. He voiced agreement with using ARPA funds to recognize essential workers in the community in addition to City staff and would like to see what the Department Heads come up with as their list of frontline workers.

Mayor Velazquez said he agrees with Council Member Burns regarding establishing a program to help get businesses ready for the summer, and way to phase in the funds. He said he would like the City to move forward with a program that focuses on downtown revitalization, expanding the downtown restaurants, and adding food trucks in to bring in more foot traffic to all businesses. He agreed with Council Member Resendiz that there are many ways to show appreciation for City staff, and Council should show recognition to essential workers throughout the community whether it is through hazard pay, or gift cards to local businesses.

Public Comment:

Priscilla Jones addressed the Council.

Michael Jones addressed the Council.

Council directed staff via consensus to do the following:

· By March, move the ARPA funds into the General Fund, and begin earmarking funds for business revitalization and tourism, specifically fund a “Welcome to Hollister” sign, and develop a loan or grant program for which businesses can apply.

· By April 1st, have Department Heads go through the list of current staff and come up with numbers for each of the staff categories, such as public safety, frontline workers, office workers, etc., and consider different tiers of hazard pay. Secondly - to have Council consider ways to recognize essential workers outside of the city, such as teachers, grocery store clerks, gas station workers, etc., and come up with a plan for hazard pay, or giving gift cards as a gesture of gratitude.

· For Development Services to work on creating a checklist with steps for new businesses follow to get started and help streamline the process for them to get their businesses up and running.

ADJOURNMENT
Council Member Resendiz motioned to adjourn at 1:22 p.m., seconded by Vice Mayor Perez. Roll call vote:

Vice Mayor Perez - yes
Council Member Resendiz - yes
Council Member Morales - yes
Council Member Burns - yes
Mayor Velazquez - yes

Motion to adjourn at 1:22 p.m. carried unanimously. 5-0-0-0.

Respectfully submitted,

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Nova Romero
Deputy City Clerk
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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
February 7, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda)

None.

Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

City Attorney Epperson stated that if so moved, City Council would move to Closed Session to discuss the items agendized for Closed Session.

1. Public Employee Evaluation per Government Code section 54957

Title: City Attorney

2. Public Employee Evaluation per Government Code section 54957

Title: City Clerk

3. Public Employee Evaluation per Government Code section 54957

Title: City Manager

4. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54566.9(b)

Two (2) potential cases

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Dolores Morales.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on February, 7, 2022 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
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Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

Council Member Resendiz left dais at 9:48 p.m. He returned remotely via Zoom between 9:52 - 9:56 p.m.

VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council meeting of February 7, 2022, was posted on the bulletin board at City Hall on February 2, 2022, at 2:35 p.m. per Government Code section 54954.2.

CLOSED SESSION - REPORT OUT- MOVED TO END OF MEETING
City Attorney Epperson reported that Closed Session would continue after open session.

E1. Moved up to be heard

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizing the actions indicated for those items so designated.

Council Member Resendiz moved to adopt the Consent Agenda with the exception of Item A2, which was pulled by Council Member Morales.

RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: A1, A2, A3, A4, A5, A6, and A7.

1. City Council - Regular Meeting - Jan 18, 2022 6:30 PM

2. 3252 has been moved to Items Pulled From Consent Agenda

3. Claim Against the City - Filed by United Financial Casualty Company for Katherine Roye

4. ABC License Review - The Baler Bar & Grill

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5. Resolution No. 2022-10 a Resolution of the City Council of the City of Hollister Approving a Memorandum of Understanding Between The City of Hollister and The Hollister Firefighters Union, Local 3395

6. 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)

7. 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)

ITEMS PULLED FROM CONSENT AGENDA
WARRANT REGISTER - FEBRUARY 7, 2022 AP

Item A2 was pulled by Council Member Morales. She would be voting no, and understands it is a necessary part of our business. It is extremely difficult to a City Council Member to make decisions when we do not have the totals, the percent that were paid for in order to at least for her, be fiscally responsible. She has requested that information, and knows that Finance is working on it. It is necessary to have basic information for her to make decisions on budgetary expenditures because our budget is limited and would like to be sure we are looking at the bigger picture as we approve expenditures, and that there is at least the minimum (information) that we need to make decisions.

Mayor Velazquez stated the budget binders show each category, and will help to understand the numbers.

RESULT: Adopted [4 to 1]
MOTION: Rolan Resendiz
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES: Morales
RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
Lauretta Avina, addressed the City Council.

Mia Casey, addressed the City Council.

Elia Salinas, addressed the City Council.

Victor Gomez, addressed the City Council.

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D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

City Manager Miller - In regards to Code Enforcement for the unlicensed business (vendors) on Memorial and Hillcrest, we will look into that, he believes there is a gray area where that may be the County, or us. Code Enforcement is planning on going out in the near future, one of these weekends to address some of those vendors.

We agree that we do not want unlicensed vendors. In regards to CEQA for project Almond, we have been reassured by our CEQA expert that we followed the rules correctly, and hopefully that addresses that item. A traffic study and analysis was performed in addition to other items that were required for that location.

2. Trainings and Conferences

City Manager attended the City Manager's Conference where he received some great ideas, met some great mentors and this is the first conference he has been to for City Manager's mostly due to COVID. Appreciated Council allowing him to attend.

E. PUBLIC HEARINGS

1. 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

Received report from City Clerk Black.

Opened Public Hearing at 6:36 p.m.

Closed Public Hearing at 6:36 p.m.

Council Member Morales voted no, due to favoring Map Plan #1.

RESULT: First Reading [4 to 1]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Burns
NOES: Morales
RECUSED:

ABSTAIN:

ABSENT:

2. 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

Received report from Police Captain Betanio.

Council Member Resendiz would like to see the strike out version to see what part of the Ordinance has changed.

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Council Member Burns - questioned if violations would be criminal or administrative citations.

Police Captain Betanio - stated it would be an administrative citation.

Council Member Burns - questioned is the appeal process covered in another part of the municipal code, and if it would be the property owner or the party giver or would it be both who received the citation.

Police Captain Betanio - stated that if there is a responsible that shows while the officer is there and is willing to take it the citation would be provided to the person taking responsibility. If no one takes responsibility it would go to the homeowner of the residence.

Council Member Burns - recommended that both the party owner and the property owner receive the citation, and will trust in Police's judgments. He questioned where the specific penalties for the citation are described.

Police Captain Betanio - will research and provide penalty information.

Council Member Burns - would like to see a component in this Ordinance that talks about fining people for multiple police responses. Similar to when you have multiple police alarms. This is a significant drain on our limited resources and we need to look at cost recovery.

Council Member Morales - would like for anyone who is complaining to provide their name, but for that not to be published. We need to keep in mind that there is a due process and if somebody wishes to contest they are utilizing the system which has happened before as retaliation and it could go both ways and she would like to be able to address those issues. There are residents that have concerns about noise, lack of staffing in order to enforce the issues, and wish to not cause harm in terms of financial penalties and would like to see a mutual agreement. They are happy to have the issue resolved but if it is not (resolved) they would get really frustrated and want them to be fined. She would like to see a balanced approach. This is a concern for many residents, especially because it is a combination of residential and commercial. We need to make sure it is balanced in terms of the people that are complaining and the people that are causing the noise.

Mayor Velazquez - thanked Police Captain Betanio, this has been an ongoing problem for years. It is very frustrating to have the police department go out over and over again and they can't do anything due to nobody signing a complaint in the past. Some neighbors intimidate others. This answers that problem. If a call comes out again and the officer shows up and the noise is still going on, that officer may then issue the citations and this answers that problem. The community will be appreciative of it. It is nice to ask your neighbor to please be considerate of others, and some just don't care. He appreciates that staff has moved forward on the downtown zone, that was a lot of good work done by staff. He appreciates their hard work on this.

Opened Public Hearing at 7:01 p.m.

Jason Noble, addressed the City Council.

Elia Salinas, addressed the City Council.

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Jennifer Coile, addressed the City Council.

David Early, as our consultant, informed Council he was available for any questions.

Closed Public Hearing at 7:08 p.m.

Council Member Resendiz - stated he is not 100 percent comfortable with the way the Ordinance is written now. He would like to see Captain Betanio take all the feedback from the Council and the public and to come back with an Ordinance that is more specific. A member of the public brought up the comment on the decibel level and that was a good point. Questioned if we have the tools to identify what the decibel level is and if we do then law enforcement may go ahead and enact that. He appreciates the work that went in and the consideration for the downtown businesses. Asked if we would identify what that decibel level is now for the downtown businesses and write that in.

Mayor Velazquez - stated the decibel level is there in the Ordinance.

Council Member Resendiz - He is not sure if we need the names of those who are complaining, only to ensure that it is not just one person, and would like more clarity on that. Council Member Morales brought up a good point as far as due process, and being fully transparent with that. He would like to see a strike out comparison between the new and current Ordinance.

Council Member Burns - questioned City Manager Miller what the hardship waiver process is for an appeal. If I am getting a $100.00 ticket and it will cost me $1000.00 to appeal it, it has a chilling effect on due process. There is a formal process for an appeal and if the party could prove that they didn't have the means the cost of the appeal should not be so excessive that it discourages people from exercising due process.

City Manager Miller - stated that we do have a hardship waiver form that individuals fill out and we will get back to them and verify that information. Most times those are honored. We are stricter on Fireworks. If someone does not meet the hardship waiver they are to pay their fine. Most of our administrative citations start at $100.00 and they would have to pay that part. It is not a prohibitive amount.

Council Member Burns - questioned City Manager Miller that as a General Law City, we are required to follow the Government Code, and as he understands it, Government Code speaks to the fines specifically, and he agreed with one of our speakers about how it could in essence be the cost of doing business, but believes there could be a stricter interpretation. For example, if the first fine is $100.00, and the second is $250.00, and the third is $500.00 and you could have multiple violations in the same day. If the police responded and gave them an hour to turn it down, they don't, and police goes back to give them a ticket for $100.00, in another hour a ticket for $250.00, and if they gave a third ticket that is $500.00. That same day, or any day thereafter, that third fee then becomes the fee for the remainder of year. Every time thereafter, you have a $500.00 fine. Ultimately, under this proposed process he believes you could cloud the title to this parcel if there is an APN associated with it, and you could lien the property. He would like to see more effort there. He agrees with Council Member Resendiz and would like to see a mor e robust conversation about it, and would like this to move forward. We could drill down further, be more clear and have a broader PowerPoint presentation to answer those questions, not just of us but the community as well.

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Mayor Velazquez - everyone has made great points. It has been difficult because people will have a party, police show up, nobody signs a complaint, police leave, party happens again and it is back and forth which is waste of time for our officers.

The first time it is not a citation, it is a warning to please turn it down. The second time, the administrative ticket is issued. If we keep coming back, the fine goes up.

The decibel levels listed are residential districts 55 during the day, and 50 in the evening. We have equipment that will handle reading those levels.

City Manager Miller - stated you can download an application on your phone and be able to record them yourself.

Mayor Velazquez - stated for construction noise he understands what the person who brought those concerns are. If a site is doing the work, outside of the hours then this is when Planning or Building Department comes down and puts the red tag and let them know that they violated the rule and are shut down for a day or two or whatever the penalty would be.

City Manager Miller - stated they are shut down and receive an administrative fine.

Mayor Velazquez - stated in this case the company was working on a holiday, no one is there to stop them, the resident makes a call to the Police Department, it is logged, questioned no need to go out or do the police go out, and they keep working.

City Manager Miller - stated that he did not drive by that one, but on Martin Luther King day, he did drive by another construction site and saw that they were working and had our public works inspector come out, shut them down and Code Enforcement wrote them up some fines.

Mayor Velazquez - stated unfortunately we have a resident that did not get that kind of attention, and with very valid points. It was a holiday, they want to rest and relax.

Besides a fine that day, how do we come back later and let them know they were not following the rules we are going to shut you down for a day, there has to be another process. This is not part of that, and we need to work on somet hing with the building department to enforce some of those rules.

City Manager Miller - stated we will look into that.

David Early - stated there is a specific noise limit regarding downtown and the Mayor answered that, and that is why his hand was raised. He would like to comment that the text of the noise Ordinance does have a numerical limit for decibels for downtown and that is purposefully higher than the ones for residential areas.

Council Member Burns - questioned City Attorney Epperson because law enforcement works in a beyond a reasonable doubt field, and administrative citations and civil things are a preponderance of the evidence. He is not convinced, the day after if that person would have ran video like they suggested they would, that, that may be used as evidence as long as there was a clear flow of that from that party to the Code Enforcement Officer to move forward at that point it is already after the fact but you could still issue a citation.

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reasonable doubt which is a much higher standard. The changes that have been proposed here are significant enough that the staff will need to bring it back again for a first reading, just so everyone is clear on that.

Mayor Velazquez - questioned what were the significant changes.

City Attorney Epperson - stated his notes on the changes were that Council Member Resendiz requested it be brought back with deletions struck through, a greater discussion or perhaps even laying out in this code what those administration fines would be, considering discussions for multiple violations, and if so if we can be recovered if multiple police officers have to appear at the scene as opposed to just one, a discussion on how decibel levels will be measured that may or may not actually end up in the Ordinance, but that is a concern as well. The City Manager pointed out that we do have a hardship waiver available, perhaps specifying that in the Ordinance. If that is not the case, then we do not have to bring it back for a first reading. If we are going to bring something back and incorporate all of those changes that goes beyond the typographical error, small corrections that sort of thing normally expected to bring it back for a first reading.

City Manager Miller- stated for municipal fines it is already stated in our municipal code, plus the appeal process. He does not know the municipal code numbers off the top of his head.

Council Member Resendiz - stated if we already have something on administrative fines that is taking care of. As far as striking through, I don't think we have to bring that back just to show that. Those are the major ones.

City Attorney Epperson - stated that if those are the major ones then this qualifies as a first reading.

Council Member Resendiz moved to adopt. Mayor Velazquez seconded the motion.

City Attorney Epperson requested that for the record would he read the recommendation for the motion.

Council Member Resendiz moved to adopt an Ordinance of the City of Hollister amending Chapter 8.28 (Noise) by adding section 8.28.025 Downtown Mixed Use District Noise Standards.

Motion failed by a 2-3-0-0 vote. Council Members Morales, Burns and Vice Mayor Perez voted no.

Council Member Burns made a counter motion to bring the item back for a first reading to a date specific of February 22, 2022, would like to see specifically the fines, penalties, and appeal process. He is supportive of this, but when you get a layperson trying to navigate through the Hollister Municipal Code they will not know where to go to find it. It is important to call it out, so the community may ask questions at the first reading.

Council Member Morales - stated the Ordinance should be clear, it should not have residents contacting the City Council, the City Manager and then Code Enforcement and continuous follow through. That is a lot of time and energy and resources. If we strengthen the policy and make it clear, it would be more efficient, our residents A.2
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would be less frustrated with the noise and have the outcomes that we are intending to.

Mayor Velazquez - stated that the process is to call the police department, and hopes that is clear.

City Manager Miller - stated in this situation or an emergency situation, please call 911. That is what they are there for. If you call a Council Member or myself, all it does is delay response.

Mayor Velazquez - requested to add Mr. Burn's recommendations to the amendment that it is clear about the levels of fines, 1st fine, 2nd fine, and third fine and any after that, is a third level fine.

Council Member Burns - agreed. After the third fine all subsequent fines would be the same as the third level fine during the next 364 days of the year depending on when the first and second one occur. The third offense would be whatever the maximum fine is under the Government Code.

Motion was seconded by Council Member Resendiz, and carried by an unanimous vote.

RESULT: Tabled [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. 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

Received report from Assistant Engineer Builes.

Vice Mayor Perez - questioned at 3 cushions per row, how many feet apart must those be, and who does the study; the City or Kimley Horn.

Assistant Engineer Builes - stated it is a combined effort, the city provides the counts and that information is given to Kimley Horn who does the analysis.

Elia Salinas, addressed City Council.

Patrick Cross, addressed City Council.

Council Member Resendiz motioned to adopt and purchase the highest number of cushions.

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There was no second.

Council Member Burns made a friendly amendment to the motion that we adopt and purchase the lowest number of cushions.

Council Member Resendiz accepted the friendly amendment to the motion. Motion seconded by Council Member Burns.

RESULT: Adopted as Amended [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

2. 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

City Manager Miller stated that the staff has requested withdrawal of this item to be brought back another time.

Council Member Burns motioned to withdrawal. Motion seconded by Council Member Morales, and carried by a unanimous vote.

RESULT: Withdrawn
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. 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

Received report from Recreation Manager Garza.

Council Member Morales questioned why we do not use staff to do this work and if we do contract that it be temporary until we may hire staff.

Mike Grzan, addressed the Council.

Elia Salinas, addressed the Council.

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Council Member Burns - requested we address the Community Facilities District and the fees and if the cost are less what is done with the money.

City Manager Miller - stated that it is a special revenue fund and may only be spent in that area.

Council Member Burns - questioned if is there a review of that fund.

City Manager Miller - stated that there is a report done every year.

Council Member Burns - questioned where are those reports and are they available.

Vice Mayor Perez - requested clarification on the funds.

Council Member Morales - requested a statement or report to the residents so there is no doubt on how the funds are being utilized.

Recreation Manager Garza - has met with the President of the Home Owners Association and provided some complaints for the area. We believe we will address her concerns.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

4. 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

Received report from Recreation Manager Garza as she presented in the previous item, both Item F3 and F4.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

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5. Resolution No. 2022-17 a Resolution of the City Council of the City of Hollister allowing the City of Hollister to accept $177,952.00 awarded to the City of Hollister by the California Department of Parks and Recreation Prop 68 Per Capita Grant Program.

Received report from Recreation Manager Garza.

Council Member Burns realize the historical value and see what we can do to figure the process out to add it to Federal and State historical buildings.

Elia Salinas, addressed the Council.

RESULT: Adopted [Unanimous]
MOTION: Rick Perez
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Council Member Burns - Attended Water Resources we will have a presentation later.

Council Member Resendiz - Intergovernmental to form a Homeless Task Force.

Vice Mayor Perez - Micro Grant Fund smaller companies under 5 people employees, a $2500 Grant and if you made under $50k, it will assist you. He attended the LOCC Converse.

Council Member Morales - Nothing to report, looking forward to a robust presentation at her next meeting.

Mayor Velazquez - Attended a few different meetings, Mobility Partnership Meeting, met with the Mayors of Gilroy and Morgan Hill, we are working together to make improvements on our major highways. This group is working on how to provide the funding for the interchange on Highway 101 which is still scheduled to begin construction in 2023, we are working to have an additional lane added to 101, which is a $500 million dollar project from Highway 85 down to Highway 25. In addition, trying to get the punch through from Santa Teresa. Questioned how we would be able to start a Joint Powers Agreement (JPA) on the Homeless Group and move forward with a JPA. Do we need to vote on that here, so we may take that back to start organizing that.

City Attorney Epperson - agreed a vote from Council would begin the process.

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Mayor Velazquez - stated he would like to begin again having discussions with our Fire Committee Members to provide us updates on a monthly or bi-monthly basis, partnering with San Juan Bautista and San Benito County to ensure we are sharing the appropriate costs to make those services happen. Has met with Council Member Burns on our Beautification Ad Hoc Committee.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Council Member Burns - thanked City Manager Miller for the Bird Pilot Program, but we are not gaining any monies and understands it is for the enjoyment of the community.

City Manager Miller - stated that we have six more months left on the Pilot Program and the contract states we may cancel with 30 day notice, if Council gives consensus he may have a conversation that states that we get the same rate that other cities receive.

Council Member Burns - requested Council consider cancelling; requested updates on the Executive Recruitment position; bring back Hazard Pay conversation somewhere around the first meeting in April. Requested Council consider placing on the agenda the first meeting in March a follow up conversation for the Independence Rally. He recalls the promoter stated the drop dead deadline for them to perform what is necessary either way and he feels we owe it to him and the community come March to either commit to it or not. Would like us to look into the appeal process for community versus developer appealing a Planning Commission decision, look into what other communities do. The Safer Grant has lapsed and will no longer be in effect in April. We need to move extremely quickly as the potential is nine firefighters are at risk to be laid off. It is his position that if it is predictable it is preventable, yet here we are five years later in the same position. Would like to discuss either in Closed Session or Open Session which ever is appropriate.

Council Member Resendiz - Nothing to report

Vice Mayor Perez - shout out to the staff who are working on Park Hill, the field is in good condition, and it was nice to see parents and children using it. Thank you to staff. He would like more detail to the report on park let covers sent to Council.

Requested an update on the alleys, lighting on 4th street specifically by Bill's Bull Pen, solar lights and the tree program to replace those that have fallen and are missing.

Council Member Morales - would like Gavilan College brought back, would like the ARPA funds for employees and other elements that we have discussed brought back earlier than April, if possible. For future meetings would like to see a spread sheet of all action items that the City Council has provided. She would like a Gantt Chart, and would be happy to provide a template. We would all know what was recommended, the time frame, status, time lines and where it is stuck, and move forward with those issues. In March, she would like to bring back the Historical Society 150th, to see where we are at on that, and the bike rally. Would like to bring back Committee assignments and look at them. If they do not meet, we need to have staff bring back updates and recommendations to move forward on those items. Recommended to have committee assignments for Finance and for Public Works. State funding is available that needs to be submitted by February 22 or 24. Some of those are for A.2
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central community projects, infrastructure needs and critical community service. She would like us to submit before the 24th, and we may need to take action now.

Requested Planning to bring back or address the permit and concerns about fees, would like to review the Fee structure , appeal process and appeal fees. Requested a list of all projects utilizing Measure G funds which includes project, when we started, completion or status, and total amount of funds allocated. Concerned about Fire, we need more firefighters, not less, we need to problem solve and address issues related to that. For Police and Fire timing associated with response is critical to someone's life.

Mayor Velazquez - nothing to report.

City Manager Miller - Requested consensus from Council to move forward with:

1. Victor Gomez request of an agreement brought back to review- consensus

2. Independence Day Rally brought back in March - consensus

3. Presentation on community appeal charge - consensus

4. Safer Grant - consensus

5. Gavilan College - consensus

6. Fee Structure presentation - consensus

Our 2020 Financial Statements were awarded the Government Finance Officer's Award for Excellence.

City Attorney Epperson - nothing to report.

Captain Betanio - Chief Reynoso and Captain Olsen are currently at CPCA Training and they are covering training and Technology. The City has received training reimbursement from POST, for 2019 we received $45,082.00, and for 2020 we received $25,305.00. Animal Care Services has five new volunteers, that they are currently training, staff has been diligent in processing their backgrounds, and they are currently in orientations. We have a total of six (6) volunteers.

City Clerk Black - nothing to report.

Recess

City Council recessed at 8:57 p.m.

City Council reconvened at 9:05 p.m., all members present, per roll call.

3. Water Resources Association San Benito County Drought Response and Water Conservation

Received a Power point presentation from Shawn Novack, Water Conservation Program Manager, with the San Benito County Water Resources Association.

4. Council Committee Appointments, Clarifications, and Alternates for 2022

Received from City Clerk Black a report clarifying the need for:

Governance Committee
Council Member Morales
Vice Mayor Perez
Mayor Velazquez - alternate
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Central Coast Community Energy (3CE)

Policy Board
Council Member Morales
Vice Mayor Perez

Operations Board
Council Member Morales
City Manager Miller

Monterey Bay Area Resources District (MBARD)
This appointment is a two year term alternating between Santa Cruz and San Benito County. Santa Cruz is currently on the second year of their two year tgerm and the City of Hollister rescinds their appointment made in error in December 2021. The City of Hollister will appoint to this committee in December 2023 for a two year term ending December 2025.

5. Hollister Fire Department 2021 Annual Report

Received an annual report from Hollister Fire Department Chief Martin Del Campo.

H. UNFINISHED BUSINESS
None.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

RESUMED CLOSED SESSION
City Council resumed Closed Session.

CLOSED SESSION -REPORT OUT
City Attorney Epperson reported out that regarding those items agendized for closed Session discussion, City Council discussed those items, direction was given to staff, and recessed from Closed Session at 10:26 p.m.

L. ADJOURNMENT
There being no further items to discuss Council Member Burns moved to adjourn at 10:28 p.m. Motion seconded by Council Member Morales, and carried by a unanimous vote.

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Respectfully submitted,

Christine Black
City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: February 7, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

TITLE OF ITEM: RESOLUTION NO. 2022-18, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF

HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

BRIEF DESCRIPTION: On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings.

Staff recommends that City Council adopt the proposed Resolution approving continued teleconference “hybrid” meetings of all City legislative bodies pursuant to the provisions of AB 361. Due to a lapse in reauthorizing this Resolution at the February 7, 2022, City Council Meeting, we must adopt a new Reso lution and continue to reauthorize at each meeting.

RECOMMENDATION: That City Council ADOPT a Resolution authorizing remote teleconference meetings of the legislative bodies of the City of Hollister during a declared State of Emergency and pursuant to Government Code Section 54953 (AB 361).

DEPARTMENT SUMMARY: Beginning in March 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVD- 19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen, and comment on items on the agenda. The most recent of these Orders, EO N- 29-20, expired on September 30, 2021. On September 15, 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues the Executive Orders allowing for the continuation of remote or “hybrid” (remote and in-person attendance options) meetings.

Analysis

AB 361 contains several requirements in order to continue the use of remote meetings.

These include:

 There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.

 During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees.

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 In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and both State and local health officials (see attached San Benito County Health Officer Recommendation on Hybrid Meetings) recommend continued social distancing to help stop the spread of the virus. The proposed resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. Thereafter, Council will consider current conditions and whether the emergency is still in effect, and renew the authorization of the continued remote hybrid meetings every 30 days.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

1. Bill Text - AB-361 Open meetings_ state and local agencies_ teleconferences_

2. COVID Press Releases - San Benito County Health and Human Services Agency

3. 2020-03-13 R46 - Proclaiming a Local Emergency

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

WHEREAS, ON March 4, 2020, Governor Newsom declared a State of Emergency to make addition resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 13, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-46 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID -19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies throughout the State and requiring local agencies to observe all the usual Brown Act requirements as they existed prior to the issuance of the orders; and

WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders; and

WHEREAS, on October 11, 2021, he San Benito County Public Health Department issued a press release stating that they “strongly recommend all legislative bodies continue social distancing measures for public meetings, including offering, at the legislative body’s discretion, a remote or hybrid format for public meetings” which allows “avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff”; and

WHEREAS, the City cannot maintain social distancing requirements for the pu blic, staff, Council Members, and Commissioners in their respective meeting locations; and

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WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings.

NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Hollister declares the following:

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and

b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions, as well as staff and members of the public from meeting safely in person; and

2. City Council and Commission meetings will continue to be conducted in a “hybrid” format, allowing for in-person and remote participation options for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of the Resolution.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd 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. 2022-18, 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 22nd 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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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 1/13 SHARE THIS:Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences.(2021-2022)

Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites A.3.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 2/13 have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.

The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in A.3.a
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The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.

The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 4/13 (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f ) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 5/13 (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f ) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all A.3.a
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(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 7/13 (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 8/13 (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 9/13 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 10/13 (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 A.3.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 11/13 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 12/13 (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 13/13 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

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10/22/21, 3:22 PM COVID Press Releases - San Benito County Health and Human Services Agency https://hhsa.cosb.us/public-health/covid-19/covid-press-releases/1/1 Health Officer Issues Recommendations on Social Distancing and Hybrid Meetings

San Benito County – October 11, 2021: Local government agencies throughout the state have been meeting via Zoom or other platforms since March 2020 when Governor Gavin Newsom issued Executive Order N-29-20 authorizing remote public meetings during the pandemic. Assembly Bill 361 which was signed into law last month allows virtual board meetings to continue until Jan. 1, 2024.

On September 30, 2021, Interim Health Officer Dr. Ghilarducci, MD, FACEP issued the following recommendation on Social Distancing and Hybrid meetings.

“Given the considerable impact on our community from the COVID-19 virus and the Delta variant, I strongly recommend that all legislative bodies, including but not limited to the County, cities, and special districts, local commissions and committees, and subsidiary bodies, continue social distancing measures for public meetings, including offering, at the legislative body’s discretion, a remote or hybrid format for public meetings. Social distancing and masking remain crucial strategies in our fight to prevent contagion. Conducting public meetings in a remote or hybrid manner allows for members of the community to participate from the comfort of their homes without having to risk contracting the virus by attending in-person meetings.

These measures serve to help contain the spread of the disease and protect the community. All events public gatherings, including public meetings, create environments where a virus can potentially spread among attendees and participants.

However, when combined with social distancing and masking policies, and the continued effort to increase vaccination within San Benito County, a remote or hybrid format for meetings maximizes avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff, presenters, and legislative body members as well.”

The San Benito County Board of Supervisors will continue to hold meetings in a hybrid format offering zoom and in person options. To meet remotely, government agencies must make findings every 30 days that the existing state of emergency continues to directly impact the ability of the members to meet safely in person, or state and local officials continue to impose or recommend measures to promote social distancing.

To schedule a COVID-19 vaccine appointment please visit the State’s MyTurn vaccine appointment system at myturn.ca.gov/ or call 1-833-422-4255 or visit a local pharmacy for appointments or walk-in availability.

For more information about COVID-19 vaccine, visit covid19.ca.gov/vaccines/.

Address/Location
San Benito County
471 4th St
Hollister, CA 95023
Contact
Emergency: 9-1-1
Non-emergencies: 831-636-4168
David Westrick
San Benito County, Public Information Officer
[email protected]
831-636-4168
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RESOLUTION NO. 2020-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER, COUNTY

OF SAN BENITO, STATE OF CALIFORNIA, PROCLAIMING THE EXISTENCE OF A

LOCAL EMERGENCY
WHEREAS, the Hollister Municipal Code Section 2.36.060 empowers the City Council to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, on March 4, 2020, the Executive Department of the State of California, issued Executive Order N-25-20 as a result of the threat of the COVID-19; and WHEREAS, the City of Hollister is proclaiming the existence of a local emergency therein; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and property have arisen within the City caused by a the threat of COVID-19, commencing on or about 3:00 p.m. on the 4th day of March 2020, at which time the City Council of the City of Hollister was not in session; and
WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme period did warrant and necessitate the proclamation of the existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City on the 16th day of March, 2020; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, organization of this City shall be prescribed by law, by the State of California Executive Order N-25-20, by Ordinances and Resolutions of the City, and approved by the City Council; and
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Hollister, State of California.

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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Resolution No. 2020-46

PASSED AND ADOPTED, by the City Council of the City of Hollister at an Emergency meeting held this 13th day of March, 2020, by the following vote:

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

NOES: None.

ABSTAINED: None.

ABSENT: Council Member Richman.

Ignacio Velazquez, Mayor
ATTEST:
1 4,
Christine Black. MMC, City Clerk
APPROVED AS TO FORM:

Epperson Law Group PC
Ja S pperson, City Attorney

CITY OF HOLUSTER

DUPUCATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: February 15, 2022 AGENDA ITEM: Public Hearings DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
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 disturbance 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 t hat 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 decibel levels allowed depending on the time of d ay. It also establishes a process for the issuing of a citation if violations continue.

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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, commercial construction or commercial landscaping noise, 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, commercial construction or commercial landscaping noise) 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, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

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 E.1
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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.

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.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by E.1
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imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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

ATTACHMENTS:

1. Noise Ordinance Changes

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 ci tizen’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.

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, commercial construction or commercial landscaping noise, 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, commercial construction or commercial landscaping noise) 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;
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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, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

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.

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.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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.

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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.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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

INTRODUCED at a regular City Council meeting on the__day of ____________,2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd 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 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 22nd 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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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 disturbance 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 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, commercial construction E.1.a
Packet Pg. 61

or commercial landscaping noise, 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, commercial construction or commercial landscaping noise) 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, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

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.

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.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
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(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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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

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: December 22, 2021 AGENDA ITEM:

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: Read by title only, Waive full reading, and ADOPT 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 Council 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) Public Hearings, reviewed census data, heard public input, and planned to select a final map for adoption on January 18, 2022.

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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 en gagement 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, geography, 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, 20 22, 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 comments, emails, phone calls, submission of maps, and no comments on social media from the public in regards to Redistricting.

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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 Census 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 the 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 November 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 22nd 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 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 22nd 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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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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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 HollisterF.1.aPacket Pg. 72

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
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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) PercentagesF.1.bPacket Pg. 74

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 HwyMemorial DrClearview Dr
Nez Perce Dr
Legend
Street/Highway
Plan 3
District 1
District 2
District 3
District 4
©2021 CALIPER
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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) PercentagesF.1.cPacket Pg. 76

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
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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 22, 2022
SUBMITTED: February 7, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325

SPONSOR(S): Burns

TITLE OF ITEM: RESOLUTION NO. 2022-19, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ALLOW THE HOLLISTER FIRE

DEPARTMENT TO APPLY FOR THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) CALIFORNIA CLIMATE INVESTMENTS GRANT FY 2021- 2022

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to apply for the Department of Forestry and Fire Protection California Climate Investments FY 2021 - 2022 Fire Preventions Grant Program. This grant is to secure funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to apply for the Department of Forestry and Fire Protection California Climate Investments FY 2021-2022 Fire Preventions Grant Program.

DEPARTMENT SUMMARY: The Hollister Fire Department requests consent from the City Council of the City of Hollister to apply for a grant with the Department of Forestry and Fire Protection (Cal Fire). Cal Fire’s Grants Program provides funding for prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. Cal Fire will consider the wildfire hazards and risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding grants.

Qualifying project types and activities: 1) hazardous fuels reduction, 2) wildfire prevention planning, and 3) wildfire prevention education.

The Hollister Fire Department will be the lead agency for submitting this grant application with the guidance of the local Cal Fire Unit Forester and Grant Administrators. This grant has a focused area within the unincorporated areas of the County of San Benito.

Cal Fire will provide technical expertise and management oversight of the grants, but will not be the primary agency or applicant in projects.

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The focused areas of this project include Cienega Road on the South end, and San Juan Canyon Road on the West end of San Benito County. These focused areas include year round visitors to the counties communities that include tourism to local businesses, Agriculture (Wine Industry/Cattle Industry), State Parks, and include local communities, residents, and schools.

Since 2013, the Hollister Fire Department has been in contract with the county for fire protection services. Fire Life Safety and Education on the prevention and mitigation of fuel hazards to the county is another vital service to the contract in providing services.

FINANCIAL IMPACT: 12% indirect costs are included and part of the grant costs.

FY 2022/2023, FY 2023/2024, FY 2024/2025 –
Grant Application Tracking No. 21-FP-BEU-0054

CEQA: Projects requiring CEQA review are required to provide documented compliance within 12 months from the grant execution. Groundwork cannot begin until CEQA requirements have been completed.

ATTACHMENTS:

1. CCI - Dept of Forestry and Fire Protection Grant - FY 2021-2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-19

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

THE HOLLISTER FIRE DEPARTMENT TO APPLY FOR THE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) CALIFORNIA CLIMATE INVESTMENTS GRANT FY 2021-2022

WHEREAS, the Hollister Fire Department is requesting approval from City Council to apply for the Department of Forestry and Fire Pro tection (Cal Fire) California Climate Investments Grant FY 2021/2022 Grant; and

WHEREAS, the grant is to secure funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities; and

WHEREAS, qualifying project types and funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire education with an emphasis on improving public health and safety while reducing greenhouse gas emissions; and

WHEREAS, the Hollister Fire Department will be the lead agency for submitting this grant application with guidance of the local Cal Fire Foresters and Grant Administrators; and

WHEREAS, Cal Fire will provide technical expertise and management oversight of the grant, but will not be the primary agency for this project; and

WHEREAS, the Hollister Fire Department will submit the grant application with the focus on Hazardous Fuels Reduction and Wildfire Prevention Education; and

WHEREAS, projects requiring CEQA review are required to provide documented compliance within 12 months from the grant execution. Groundwork cannot begin until CEQA requirements have been completed.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the Hollister Fire Department to apply for the Department of Forestry and Fire Protection (Cal Fire) California Climate Investments FY 2021/2022 Grant.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

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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. 2022-19, 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 22nd 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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California Climate Investments
Department of Forestry and Fire Protection
(CAL FIRE)
Fire Prevention Grants Program
Procedural Guide
FY 2021-2022

December 8, 2021

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1 Table of Contents
Introduction ............................................................................................................................... 2 Fire Prevention Grants Program Summary ......................................................................................... 2 Qualifying Project Types and Activities .......................................................................................... 2 Hazardous Fuels Reduction ............................................................................................................ 3 Wildfire Prevention Planning ......................................................................................................... 3 Wildfire Prevention Education ....................................................................................................... 4 Eligibility, Conditions, and Important Points.............................................................................. 4 Conditions............................................................................................................................................ 6 Important Points ................................................................................................................................. 8 Prevailing Wage Requirements ......................................................................................................... 11 Greenhouse Gas Emissions (GHG) Requirements ............................................................................. 11 California Climate Investments (CCI) Reporting Requirements ........................................................ 12 Grant Application Review and Evaluation Factors ....................................................................12 Review Process .................................................................................................................................. 12 Evaluation Factors (Ranking Criteria) ................................................................................................ 13 Application Process and Project Administration ............................................................................... 15 Stage 1 - Project Application ............................................................................................................. 16 Stage 2 - Grant Application Review and Selection ............................................................................ 18 Stage 3 - Completed Grant Agreements............................................................................................ 18 Stage 4 - Grants Awarded .................................................................................................................. 19 Project Amendments, Modifications, and Terminations .................................................................. 19 Accounting Requirements ............................................................................................................ 19 Loss of Funding ............................................................................................................................. 20 Project Costs ................................................................................................................................. 20 Payment of Grant Funds ............................................................................................................... 22 Advance Payments ....................................................................................................................... 22 State Audit .................................................................................................................................... 23 Explanation of Terms ......................................................................................................................... 24 Appendix A – Environmental Compliance for CAL FIRE Projects (CEQA) ...................................27 Appendix B – Sample Resolution ..............................................................................................29 Appendix C – Invoice.................................................................................................................30 Appendix D – Check Lists ..........................................................................................................32 Appendix E – Project Application ..............................................................................................33 Appendix F – Project Scope of Work .........................................................................................36 Appendix G – Project Budget Spreadsheet ...............................................................................37 Appendix H - PDF Project Map ..................................................................................................38 Appendix I – Standard Required Forms.....................................................................................39 Appendix J – CalMAPPER for Awarded Grants ..........................................................................40 Appendix K – Low-Income and Disadvantaged Communities ...................................................43 Appendix L – How to Apply .......................................................................................................46

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2 Introduction
This procedural guide includes information about the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program. The Program is funded by the State of California General Fund and with Cap-and-Trade auction proceeds appropriated by the California Legislature to agencies that administer California Climate Investments (CCI) and the General Fund (GF).

Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-2022 from the CCI Greenhouse Gas Reduction Fund (GGRF) and GF. For more information about CAL FIRE’s other CCI programs, please visit CAL FIRE Grants.

Fire Prevention Grants Program Summary
CAL FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

California’s Strategic Fire Plan serves as a roadmap for project development. Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. CAL FIRE will consider the wildfire hazards and risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding grants. Disadvantaged communities and low-income communities as defined by Assembly Bill 1550 (Gomez) (Stats. 2016, Ch. 369), and projects that demonstrate a carbon benefit by reducing greenhouse gas emissions and contain matching funds will receive additional priority. Projects are selected on a competitive basis and consecutive awards are not guaranteed. Designation can be determined using the process in Appendix K.

CAL FIRE will provide technical expertise and management oversight of grants but may not be the primary agency or applicant in projects.

Qualifying Project Types and Activities
The FP Grants Program funds three types of activities: hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education. Below are some examples of qualifying projects and activities:

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3 Hazardous Fuels Reduction
• Vegetation clearance in critical locations to reduce wildfire intensity and rate of spread • Creation or maintenance of fuel breaks in strategic locations, as identified in CAL FIRE Unit Fire Plans, a Community Wildfire Protection Plan, or similar strategic planning document
• Removal of ladder fuels to reduce the risk of crown fires • Creation of community-level fire prevention programs, such as community chipping days, roadside chipping, and green waste bin programs
• Selective tree removal (thinning) to improve forest health to withstand wildfire • Modification of vegetation adjacent to roads to improve public safety for egress of evacuating residents and ingress of responding emergency personnel • Reduction of fuel loading around critical infrastructure to maintain continuity of government and other critical services, including, but not limited to fire, police, water, sewer, roads, etc.
• Purchase of fuel modification equipment not to exceed $250,000. Equipment is an item of $5,000 or more per unit cost and has a tangible useful life of more than one year • Supplies include items under $5,000 per unit cost. Chainsaws are an example of a supply item and are not considered equipment
• Projects to improve compliance with defensible space requirements as required by Public Resources Code Section 4291 through increased inspections, assessment, and assistance
• Projects to reduce the flammability of structures and communities to prevent their ignition
Wildfire Prevention Planning
• Wildfire risk or related mapping
• Creation or update of strategic wildfire planning documents, such as:
o Evacuation plans
o Community Wildfire Protection Plans (CWPP)
o Local Hazard Mitigation Plans
o Safety Elements
o Wildfire prevention or mitigation plans

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4 Wildfire Prevention Education

• Development and implementation of public education and outreach programs.

Programs may include technical assistance, workforce recruitment and training, and equipment purchases
• Workshops, meetings, materials creation, and other educational activities with the purpose of increasing knowledge and awareness of information that could be used to reduce the total number of wildfires, acres burned, and structures lost • To educate the public on wildfire mitigation and risk reduction strategies • Activities are subject to CAL FIRE approval
Eligibility, Conditions, and Important Points
Eligibility
• State Agencies
• Federal Agencies
• Native American Tribes
• Joint Powers Authority (JPA) if the entities involved are eligible applicants • Local agencies, including:
o City, county, or city and county
o Fire protection districts
o Community services districts
o Water districts
o Resource conservation districts
o Special districts
• Certified local conservation corps
• Fire Safe Councils with a 501(c)(3) designation
• Other qualified non -profit organizations with a 501(c)(3) designation

In situations where a local government has contracted with CAL FIRE for fire protection services, CAL FIRE is considered a local government for purposes of this grant program.

Applicants may not be one of the following:
• A privately held for-profit company or corporation
• Individual landowners requesting a grant specifically for a project to be completed on only their own land
• Homeowners’ associations or other associations unless they have 501(c)(3) non-profit status. These associations should consider applying through a fiscal sponsor such as eligible applicants listed above.

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5 Examples of eligible costs include, but are not limited to:
• Removal of dead, dying or diseased trees posing an imminent threat to public rights-of- way and public infrastructure, which may include trees on private property • Contracted tree removal, transportation, holding site fees, and disposal • Costs that are necessary and prudent to the accomplishment of the project, e.g. o Equipment leased to perform work on project
o Thinning contractors
o Fuel and Maintenance
o CEQA/NEPA Costs

Examples of ineligible costs include, but are not limited to:
• Removal of trees from private property that do not pose an imminent threat to public health and safety
• Costs associated with improvement of landscaping, including planting • Costs that are not directly associated with the project • Costs already funded or budgeted through another source (i.e., supplanting) • Income, fees, revenues, or wages lost or voluntarily waived by a local agency • Activities or costs associated with permanent work such the construction of a biomass facility
• Costs incurred before or after the project performance period • Cost of preparing a grant and application
• Late fees, penalties, and bank fees

Examples of non-qualifying project types and activities include, but are not limited to:

• Purchase of capital equipment greater than $250,000
• Purchase of capital equipment without demonstrating how the equipment will be utilized
• Installation, creation, upgrade, or maintenance of fire protection features, such as roads, bridges, structures, or water storage facilities • Any project submitted by a for-profit company or corporation • Projects or activities utilizing CAL FIRE staff without corresponding reimbursements or requests seeking funding for services already provided by CAL FIRE

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6 Conditions

1. Grants can be made only to “eligible” applicants.

2. Projects must provide benefits to habitable structures and people in and near wildfire threatened communities.

3. Projects utilizing partners must provide a letter of commitment from the entity as proof that they have contacted the entity, the entity has the required resources (if needed) to commit toward the project, and the entity supports the project.

4. Fire Prevention qualifying projects and activities are limited to those where the proposed project or activity addresses the hazards and risk to fire threatened communities that focus on increasing the protection of people, structures, and communities.

5. Applicants must consider greenhouse gas emissions of project activities and plan to reduce emissions as much as possible during project activities.

6. Grantees must have the ability to plan, administer, and complete the grant project.

7. For some projects, the Grantee may be required to prepare a California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) document. Projects requiring CEQA/NEPA review are required to provide documented compliance within 12 months from the grant execution. CEQA/NEPA compliance must begin immediately after grant execution. Documented CEQA/NEPA compliance is required prior to commencing any ground disturbing activity.

8. Projects proposed on a “forested landscape,” as defined in Public Resources Code (PRC) §754, will require a Registered Professional Forester (RPF) to design and oversee any fuel hazard reduction vegetation removal, as defined in PRC §753, copied below. The RPF will conduct at least one site visit during active project operations to ensure vegetation removal is being conducted according to the prescription. An RPF is not required to provide the general project information required in the Scope of Work during the grant application phase, but the applicant must demonstrate how CEQA/NEPA compliance will be met, including RPF involvement, in the Project Scope of Work and include this cost in the budget if applicable.

a. PRC §753 - “Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and F.2.a
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7 finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes. The professions specified in Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations.

However, public, and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources.
b. PRC §754 - “Forested landscapes” means those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to non-forestry commercial, urban, or farming uses.

9. Projects outside of a “forested landscape” should consider the use of a professional ecologist, biologist, certified rangeland manager, arborist, RPF, or other professional with knowledge of local ecosystem processes to develop an appropriate fuel hazard reduction removal project.

10. CAL FIRE has the discretion to specify an earlier project completion date at the time of award based on the funds associated with the grant award. CAL FIRE will work with the awardees to ensure projects will still be achievable within the earlier timeframe.

11. Fuel reduction vegetation treatment prescriptions shall focus on increasing safety for the public and first responders as well as reducing fire hazards, improving tree growth, and increasing structure, community, and forest resilience. Treatments shall eliminate the vertical and horizontal continuity of vegetative fuels for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, ignition of tree crowns, or structures.

12. Required project deliverables for all hazardous fuel reduction projects to be included in the Project Scope of Work:
a. Pre-and post-treatment description of site conditions and project results relative to hazardous tree or vegetative conditions, wildfire hazard reduction goal accomplishments, or measurable metric for evaluation of the project (such as number of acres treated). CAL FIRE reserves the right to retain copies of these descriptions and publicly disseminate the information for its own purposes. b. GIS data files supporting the project map to allow CAL FIRE to accurately document the spatial extent of the project.

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8 c. Documented CEQA/NEPA compliance within 12 months of grant execution. This includes CEQA or demonstration of exemption.

13. Grant applications must describe the method used to determine the grant amount requested. This methodology must include the grant costs less any income from forest products or other revenues received from the grant implementation.

14. All project and activity work related to grants must be completed by March 15, 2026.

Grant projects may have an earlier completion date but must be completed by March 15, 2026.

15. Final invoices for grant-related work must be submitted to CAL FIRE no later than 30 days after the project completion date.

16. A final report is due within 30 days of the grant expiration or along with the grant final invoice. Pre-project and post-project pictures must be submitted with the Final Report along with updated polygons.

17. Projects must demonstrate all efforts to reduce greenhouse gas emissions. Projects that demonstrate significant greenhouse gas emissions reductions will be favored.

18. Grantees are required to include the California Climate Investments funding boilerplate and logo with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites.

Important Points

1. Each application should focus on one or more of the following major activities:
a. Hazardous Fuels Reduction
b. Wildfire Prevention Planning
c. Wildfire Prevention Education

2. Submission of Application to the CAL FIRE FP Grants SharePoint folder is due by February 9, 2022 at 3:00 PM PST.

3. No reimbursable work on the proposed Fire Prevention Grant projects may commence until there is a fully executed agreement between CAL FIRE and the Grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee.

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9 4. All project and activity work related to grants must be completed by March 15, 2026.

5. No ground disturbing work may commence until the requirements of CEQA/NEPA have been satisfied.

6. Agreements must be executed by the date specified in the Agreement.

7. Reimbursement payments are expected to be issued 45 calendar days from the time an acceptable invoice is submitted. Payments are sent via U.S. Mail; electronic payment is not available. The invoice approval process is as follows:
1) Invoice submitted to the Region for review and approval 2) Unit reviews the invoice and performs a project site inspection if applicable, to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation 3) Grants Management Unit reviews and submits the invoice to the Business Service Office for payment.

8. When a Contract County is the Grantee, the Contract County must contact the CAL FIRE Administrative Unit to conduct an inspection of the modification efforts prior to invoicing the CAL FIRE Administrative Unit for completed work. The CAL FIRE Administrative Unit or designee will conduct an inspection to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation.

9. A resolution or attesting document is required for all Fire Prevention Grants. The attestee cannot be the same individual as designated by the board to sign the agreement. Please refer to the sample resolution (Appendix B).

Note: Where the line indicates ‘whereas, the Board designates (designee’s title)’, list the title rather than an individual’s name. In the event the individual retires or leaves the organization, a new resolution designating a replacement will be required if a name is listed rather than the working title. The resolution should name the designee for not only entering into agreements on behalf of the board but also the authorized signatory for invoices.

10. The Fire Prevention grants are not designed nor intended to create or substantially support ongoing administrative positions.

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10 11. A Quarterly Progress Report is required and is located on our website at Quarterly Progress Report. The quarterly progress report will be due within 30 days of the end of every calendar quarter, i.e., report covering January through March is due no later than April 30th (even if no fiscal activity has occurred):

Quarter Progress Report Covering Due Date
1st Quarter January 1 – March 31 April 30
2nd Quarter April 1 – June 30 July 30
3rd Quarter July 1 – September 30 October 30
4th Quarter October 1 – December 31 January 30

12. A Final Report is required and is located on our website at Final Report. The final report is due within 30 days of the grant expiration or along with the grant final invoice:
a. Pre-project pictures and post-project pictures must be submitted with the Final Report
b. Updated polygons reflecting completed treatment areas must be submitted with the Final Report

13. The inclusion of indirect costs is acceptable for Fire Prevention Grant projects but must not exceed 12% of the total amount of grant funds provided to the Grantee, minus equipment. The 12% maximum of indirect cost applies to all entities including University of California (UC) and California State University (CSU) entities. Documentation related to the determination of the Grantee’s indirect cost rate must be retained by the Grantee for audit purposes.

14. All educational materials and planning documents created and used for a Fire Prevention Grant project must be submitted to CAL FIRE. CAL FIRE may retain copies of these materials and utilize them for CAL FIRE’s own purposes. Similarly, any Fire Prevention Grant project photos, videos, testimonials, or other similar information submitted to CAL FIRE throughout the performance of the project may be retained by CAL FIRE and utilized for CAL FIRE’s own purposes.

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11 Prevailing Wage Requirements
CAL FIRE provides no opinion as to whether projects may be subject to prevailing wages. For determination for prevailing wages, please contact the Department of Industrial Relations (DIR) at DIR Prevailing Wage. It is the applicant’s responsibility to budget for prevailing wages in their project cost when applicable.

Greenhouse Gas Emissions (GHG) Requirements
California Climate Investments (CCI) administered by CAL FIRE through the Forest Health, Fire Prevention, and Urban and Community Forestry Programs contribute to California’s climate goals by reducing emissions from wildfires, stabilizing long-term storage of carbon in biomass, and improving carbon sequestration in California’s natural and working forests.

In terms of direct emissions benefits, the objectives of the FP Grants Program are to:
• Reduce GHG emissions from wildfire and prevent need for cleanup and rebuilding of communities following destructive wildfire events
• Provide fire personnel with more opportunities to access the fire perimeter to extinguish fires more quickly, thereby reducing GHG emissions • Encourage projects that result in smaller scale fires to reduce carbon emissions and reduce the carbon impact
• Improve health and resilience of treated areas for increased carbon sequestration. • Improve public awareness and reduce human caused wildfire ignitions • Promote orderly growth and development through land use planning which helps to reduce GHG emissions

Eliminating wildfire starts, mitigating wildfires before they progress into wildland areas, and facilitating firefighting efforts and safety all contribute to reduced wildfire emissions over time.

The FP Grants Program also includes support for planning, such as development of Community Wildfire Protection Plans, and education programs that promote fire-safe communities to capture the benefits and synergy of collective, community-wide efforts.

However, fuel reduction activities also release greenhouse gas emissions at the time of treatment, and CAL FIRE must balance emissions costs and benefits of the Fire Prevention and Forest Health Programs to comply with the law. Minimizing emissions of fuel treatment activities, using disposal methods other than open burning, and optimizing vegetation health options in the development of treatment prescriptions are important steps in project development to achieve balanced emissions costs and benefits.

Awardees will be required to submit information about project size, vegetation type, location, and treatment area so that CAL FIRE staff may complete emissions calculations for the project.

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12 Calculations will be completed using an existing methodology produced by CAL FIRE and the California Air Resources Board for the Forest Health Program. Emissions effects of activities that do not fit the existing methodology will be described in detail. The grant application review process will include consideration of project activities with emissions benefits.

California Climate Investments (CCI) Reporting Requirements Fire Prevention Grants are funded by Cap-and-Trade auction proceeds appropriated by the California Legislature to the California Department of Forestry and Fire Protection (CAL FIRE), who is responsible for administering funds allocated from the CCI Program.

Accountability and transparency are essential elements for CCI. Full public disclosure is required to provide information on how administering agencies are investing appropriations from the GGRF and what benefits are being achieved from those investments. CAL FIRE is responsible for collecting project information and reporting information to CCI.

For each grant project that is awarded in the amount of $1,000,000.00 or more, Grantees must submit jobs reporting data to CAL FIRE on a semi-annual basis in June and December. The reporting cycles cover information for the following periods: December 1 – May 31, June 1 – November 30. All grant projects meeting that criteria will be notified of the reporting dates and the data requirements.

Grant Application Review and Evaluation Factors
Review Process
Applications will be reviewed by CAL FIRE. The application review involves three levels:
• Local – CAL FIRE Units & Contract Counties
• Regional – CAL FIRE Northern and Southern Regional Offices • Statewide – Statewide review team. The statewide review team will prepare a list of recommended projects and activities for consideration by the Director of CAL FIRE. The Director will make decisions on approved projects and activities taking into consideration the recommendations of the statewide review team.

Emphasis at each level will be placed on projects and activities that address hazards which reduce potential risk from wildfire in and near communities. The department shall consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local F.2.a
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13 assistance grants. Additionally, to the extent possible, a project or activity will not be selected if it conflicts or competes with another proposed or approved project.

Evaluation Factors (Ranking Criteria)
In evaluating applications, CAL FIRE is seeking information that allows it to consider the following factors:

1. The grant application clearly identifies the focus of the grant as Hazardous Fuels Reduction, Wildfire Prevention Planning, or Wildfire Prevention Education.

2. The project addresses hazards and risks from wildfire. a. The project includes Fire Hazard Severity rankings and indicates areas and their relative proportion of Very High, High and Moderate Fire Hazard Severity Zones as adopted by the State Fire Marshal and identified in the CAL FIRE map located at Fire Hazard Severity Zones.
b. The proposed project is in or near a wildfire threatened community and adequately describes how it will address the hazards and risks from wildfire. c. The project protects other assets of wildfire threatened communities to maintain continuity of government operations and critical services. This includes, but not limited to, fire, police, power, water, sewer, roads, and other critical facilities. If the project does involve community infrastructure, it must explain how it will address the hazards and risks from wildfire to these assets.

3. The project is related to or part of one or more strategic plans or tree removal plan:
a. The project is included in or consistent with one or more of the following plans:
i. CAL FIRE Unit Fire Plan, Contract County Fire Plan, Local Fire Plan, a CWPP, Community Evacuation Plan, tree removal plan, Fire Safe Council Action Plan, Firewise USA Community Wildfire Risk Assessment, Local Hazard Mitigation Plan, Safety Element plan, or other local plan (identified in Scope of Work) that addresses the hazards and risks from wildfire. b. The project proposes to create, or update, a long-term fire hazard reduction planning document affecting or involving communities in the WUI, such as, but not limited to, a CWPP or Community Evacuation Plan. A strategic planning document would include a Safety Element of a General Plan and a Local Hazard Mitigation Plan with elements for increasing safety for the public and first responders.

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14 c. The project removes hazardous trees in collaboration with other entities, other funding sources, or as part of a larger tree mortality project. d. The project considers other projects in the last five years in the Unit/Contract County (approved – but not started, in progress, or completed) and adds to those efforts.
e. The project will lead to the completion of or is tied to a current tree removal plan. f. The project strategically advances the protection of WUI communities across a region and/or the state, while increasing safety for the public and first responders.

4. The applicant has taken steps to reduce emissions as much as possible, such as chipping, or mulching removed vegetation rather than burning it or disposing of material through biomass markets. The applicant is willing and able to provide project data as requested to calculate project emissions.

5. Community support exists.
a. The project includes plans for external communications, such as planned press releases, project signage, community meetings or field tours that all, or in part, reach owners and residents in the project area.
b. Letters of Support have been obtained.
c. Letters of Commitment from partnering entities should be submitted with application.
d. Please note that although matching funds are not required, the existence of matching funds is a positive factor.

6. There is an implementation plan in place.
a. The project includes a detailed timeline that addresses potential limitations and includes specific tasks and milestones to measure progress during implementation of the project.
b. The project includes an accurate set of deliverables that are measurable and attainable.
c. The project is fully defined with metrics to measure progress and completion.

7. The project budget and narrative are clear and reasonable. a. The proposed budget shows how grant funds will be spent by category.

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15 b. Indirect costs are reasonable for the project proposed and must be 12% or less of the total grant request, minus equipment costs.
c. Costs are reasonable for the size, scope, and anticipated benefit of the proposed project.
d. For hazardous fuel reduction projects, the actual number of acres being treated is clearly defined.

8. There is demonstrated capacity to administer the grant. a. The applicant shows an acceptable amount of experience in administering grants. This is largely based on successfully administering other grant-funded projects/activities over the past five years. Project proponents having no previous experience with similar projects should discuss any past experiences that may help show capacity to successfully complete the proposed project. This may include partnering with a more experienced organization that can provide project support.
b. Discuss successes and administration of previously awarded CAL FIRE grants or grants administered by the applicant for other granting entities.

Application Process and Project Administration
Applicants are strongly encouraged to work with the local CAL FIRE Unit for guidance in developing project plans for your application. A CAL FIRE Unit contact list by county is located on the FP Grants website. Building a relationship with the local CAL FIRE Unit enhances the potential for a successful application and project award.

Applications not received by the deadline, not submitted in the CAL FIRE FP Grants SharePoint folder, or that do not adhere to the procedures in this guide, will not be accepted or considered.

Applicants will request a Project Tracking Number by emailing ONE of the following:

[email protected] (Northern Region Contact)
[email protected] (Southern Region Contact) [email protected] (Sacramento)

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16 Applicant MUST specify the grant application for which they are requesting tracking number.

The request shall include:
• The applicant organization name
• The name of the CAL FIRE Unit where the project or activity will be located. • The name of the project (if available)
• Email address of the individuals that will need access to the CAL FIRE SharePoint Folder to submit the application

The CAL FIRE email reply will include the assigned Project tracking number as well as links to the SharePoint folder and the Project Mapping Program.

Stage 1 - Project Application
Due February 9, 2022 at 3:00 PM PST
Electronic Application Submission in the CAL FIRE FP Grants SharePoint folder and Project Mapping Program:

Upload all documents related to your application to the CAL FIRE FP Grants SharePoint folder no later than 3:00 PM PST on February 9, 2022. Instructions on how to apply through the SharePoint folder can be found at CAL FIRE FP Grants. Instructions on how to draw and submit a Geo Point and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants
• Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM PST on the due date according to the date stamp on the CAL FIRE FP Grants SharePoint folder. To avoid possible issues uploading documents (such as internet connectivity and internet speed), applicants are highly encouraged to upload their documents as early as possible.
• Please ensure you have retained a copy of all documents uploaded to the CAL FIRE FP Grants SharePoint folder for your own records. All user access to the CAL FIRE FP Grants SharePoint folder may be revoked after 3:00PM (PST) on the due date.

Applicants will upload application documents along with their application. The project application package consists of several attachments. These attachments are described in more detail in the appendices of this Procedural Guide. A completed Project Application Package must include the following additional documents:

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17 • Attachment 1 – Grant Application (uploaded in a fillable PDF format as well as a scanned signed copy of the signature page.) Do not modify the application form. • Attachment 2 – Scope of Work
• Attachment 3 – Proposed Project Budget in Excel format • Attachment 4 – PDF project map
• Attachment 5 – Payee Data Record Standard Form 204
• Attachment 6 – Articles of Incorporation including the Seal from the Secretary of State or Letter of Determination or Affirmation from the Internal Revenue Service (for non- profit applicants only)
• Attachment 7 – Board Resolution granting authority to sign (if a signed board resolution is not available for the application, please submit a non-signed board resolution. A signed board resolution must be submitted in the grant agreement package, if awarded) • Attachment 8 –Project Mapping Program (online submission) • Attachment 9 – State of California Non-Discrimination Compliance (Std. 19) • Attachment 10 – State of California Drug-Free Workplace Certification (Std. 21) • Attachment 11 – Exhibit A and B of the University Model Agreement (only required for UCs, CSUs and their auxiliary entities that require the use of the University Model Agreement)

Complete these attachments accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised Attachments 1 - 4 will be used in final documents agreed upon between the State and the Grantee as part of the final Grant Agreement. (Exception: Attachment 11 will be used in lieu of Attachment 2 and 3 for UCs, CSUs, and auxiliary entities. However, Attachment 2 and 3 shall contain the same SOW and Budget amounts and will be used for scoring purposes.)
Project Mapping Program
In addition to the CAL FIRE FP Grants SharePoint folder application package, each project will require an online mapping submission in our Project Mapping Program database. The online mapping submission consists of submitting a GeoPoint for all project types. For Hazardous Fuels Reduction and Wildfire Prevention Planning projects, you will need to submit Treatment Area and Project Area polygons as well. The Instructions on how to draw and submit a GeoPoint and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants. There is a video and a quick reference guide with screenshots of the online mapping program. • Hazardous Fuel Reduction and Wildfire Prevention Planning applications without Geo Points and Polygons submitted in the Project Mapping Program will not be accepted • Wildfire Prevention Education projects will submit the Geo Point only

Complete all documents accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised documents will be used in the final grant agreement between the State and the Grantee.

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18 • Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM PST on the due date according to the date stamp on the CAL FIRE FP Grants SharePoint folder. To avoid possible issues uploading documents (such as internet connectivity and internet speed), applicants are highly encouraged to upload their documents as early as possible.
• Please ensure you have retained a copy of all documents uploaded to the CAL FIRE FP Grants SharePoint folder for your own records.

Stage 2 - Grant Application Review and Selection
Sacramento staff will review the project application packages for completeness and determine if the project meets the objectives of the program. Applications found to meet the initial criteria will continue in the review process. Incomplete applications will be disqualified.

Notification of grants selected for funding will be sent to the applicant. The grant agreement package for successful grant applicants will be emailed after selection and include any required grant agreement forms and instructions to proceed to Stage 3.

Stage 3 - Completed Grant Agreements
Upon receipt of the Grant Agreement package, all awarded grant applicants shall print and sign the two original signature grant agreements and submit them with a copy of Attachments 1-4.

The complete Grant Agreement package shall include a complete set of the following:
• The Grant Agreement with Terms and Conditions - 2 copies with original signatures • Attachment 1 - Final Grant Application
• Attachment 2 - Final Scope of Work
• Attachment 3 - Final Project Budget
• Attachment 4 - PDF Project Map

Awarded grant applicants shall return original signed agreements and any additional information required following the instructions provided in the Grant Agreement correspondence and are strongly encouraged to complete and submit as soon as possible.

Grant packages not completed and/or not received by the agreement deadline may not be eligible for funding.

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19 Stage 4 - Grants Awarded
Once the grant agreement is received and signed by the State Fire Marshal or designee, the approval process is complete. All agreements must be signed and submitted per deadlines established by CAL FIRE.

A CAL FIRE designee will be named as the designated contact. The CAL FIRE designee will work with the Region Program Manager on any grant project issues.

The CAL FIRE designee will conduct periodic and final inspections to ensure compliance with the project plan and environmental rules and regulations. All project messaging and documents must be approved by CAL FIRE.

CAL FIRE may perform an audit at any time during or upon completion of the project as described in this guide under “State Audit.”
Grant Termination Date: All project and activity work related to the grant must be completed by the project completion date identified in the agreement or no later than March 15, 2026.

Project Amendments, Modifications, and Terminations
After project commencement, an agreement may only be amended by written consent of both the State and Grantee. An agreement may be terminated by the State or Grantee upon providing written notice to the other party, thirty (30) days in advance of termination.

A Grantee wishing to change the scope or budget of an approved project at any stage shall submit the proposed change in writing, preferably on entity letterhead, to CAL FIRE for review and subsequent approval in writing. Any change must be consistent with the need cited in the original application and authorizing legislation. Any modification or alteration to the grant agreement on file must be submitted to the State for review and may require a formal amendment.
• Any reduction in the actual number of acres being treated in a hazardous fuel reduction grant may result in a corresponding reduction of the grant award Accounting Requirements
The Grantee shall maintain an accounting system that follows Generally Accepted Accounting Principles. The accounting system must accurately reflect fiscal transactions, using the necessary controls and safeguards. This system shall provide an adequate audit trail, including original source documents such as receipts, progress payments, invoices, purchase orders, timecards, canceled checks, etc. Please redact account numbers and personal identifying information before submitting invoices. The system shall also provide accounting data so the F.2.a
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20 total cost of each individual project can be readily determined. CAL FIRE may request records and documentation at any time. These records shall be retained by the Grantee for a period of three years after final payment is made by the State or one year after final disposition of any disputed audit findings, whichever occurs later unless it is the Grantee’s policy to retain records for a longer duration. Avoid audit exceptions – keep accurate records.

Loss of Funding
The following are examples of actions that may result in a Grantee’s loss of funding:
• Grantee withdraws from or fails to complete the funded project (conform substantially to the Agreement)
• Grantee fails to submit all required documentation within the time periods specified in the grant agreement
• Grantee fails to submit evidence of CEQA/NEPA compliance within 12 months of the execution of the agreement as specified by the grant agreement • Grantee changes the project scope without the approval of the State • Grantee or the State terminates the project by written notice 30 days in advance • Activities that would lead to the project not achieving a GHG Reduction Project Costs
Project costs must be consistent with the approved project and incurred during the performance period as specified in the grant agreement.

Budget Item Eligible Cost Required Documentation
Salaries and Wages Salaries and wages of employees employed by the Grantee who is DIRECTLY engaged in the execution
of the grant project. Limited to actual time spent on
the grant project. (i.e., does not include holiday pay, overtime, sick pay, vacation pay, personal time off)
Examples of expenditures include time-related to
site visits and project monitoring and completion of
reporting related to the grant project. Staff time
related to accounting, business services, etc. are
allowed only if those functions are not included in
the Grantee's overhead cost.

A payroll summary of all employees’ time
spent on the project must be provided with
invoices requesting salary/wage
reimbursement. Payroll documentation
should show a nexus between time worked
on the project and wages paid to the
employee after the fact. Timesheets or similar
documentation detailing days and hours
worked on the project must be maintained
and retained by the Grantee for audit
purposes but should not be submitted to CAL
FIRE unless otherwise instructed.

Benefits Employer contribution share of fringe benefits associated with employees (paid from salaries and
wages Budget Item) who are directly engaged in the
execution of the grant project. This will include
Social Security, Medicare, Health Insurance, Pension
Plan costs, etc. as applicable for the specific
employee. Does not include Sick/Vacation/Holiday
leave.

Same documentation as Salaries and Wages.

Payroll summary documentation showing
wages and hours paid to employee and
associated fringe benefits. Back-up
documentation to be retained by Grantee for
audit records.

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21 Budget Item Eligible Cost Required Documentation
Contractual Direct consultant and contractual services necessary to achieve the objectives of the grant. Examples of
contractual costs will be RPF
supervision/certification, professional/consultant
services (the costs of consultant services necessary
for project planning and implementation), fire
prevention contractor, etc. Procurement of
contractual services should be documented to
ensure selection on a competitive basis and
documentation of price analysis.

Invoices from consultant/contractor
identifying expenditure, services performed
and period of services. Documents related to
consultant/contractor selection analysis shall
be kept by the Grantee but available for audit
purposes.

Travel Travel cost associated with travel to and from
project sites, meetings, etc. directly related to the
grant project and must be considered reasonable
and necessary for the completion of the project.

Reimbursement rates shall be consistent with the
Grantee's written travel policy. Absent a written
policy, per diem shall not exceed the California
Standard Per Diem Rate allowable by the U.S.

General Service s Administration. Mileage rates shall
not exceed the rates allowable by the IRS.

Receipts identifying travel cost (i.e., lodging,
rental cars). Mileage must be documented by
either employee travel claims that are signed
by the employee or vehicle mileage logs for
vehicles owned by the Grantee. Per Diem
must be documented by employee travel
claims.

Supplies Supplies that are used in the direct support of the project are allowable. Supplies exceeding $500 per
unit cost shall be documented to ensure
procurement of supplies on a competitive basis and
documentation of price analysis. Supplies include
items under $5,000 per unit cost. (e.g., chainsaws
etc.)
Receipts identifying item purchased, cost, and
date of purchase. Documentation related to
price analysis of procurement of supplies
exceeding $500 shall be kept by the Grantee
and made available for audit purposes.

Equipment Equipment is an item of $5,000 or more per unit cost and has a tangible useful life of more than one
year. Equipment is not to exceed $250,000. The cost
to lease equipment to use in the grant project may
be charged to the grant. Use of equipment owned
by the Grantee may be charged to the grant at a
rate set by the California Department of
Transportation Labor Surcharge and Equipment
Rental Rate Guide. Purchase of equipment using
grant funds is allowable only with prior approval by
CAL FIRE. A cost -benefit analysis to justify the cost
of purchasing equipment versus leasing must be
provided. Procurement of equipment must be done
on a competitive basis and include documentation
of price analysis.

The Grantee must include in the application
package the proposed use and maintenance plans
for equipment after the performance period of the
grant. Disposition of equipment beyond the project
performance period is subject to CAL FIRE approval.

If Grantee fails to complete grant and/or dissolves
during grant, equipment shall be returned to CAL
FIRE. Equipment shall not be used as collateral or
other means.

Cost of leased equipment charged to the
grant must be substantiated with receipts
identifying equipment leased, dates
equipment was leased, lease rate and total
cost. Use of Grantee equipment must be
substantiated with an equipment usage log
that identifies the equipment used, rate, and
total rental cost. Cost of equipment
purchased shall be substantiated by purchase
receipt. Documentation related to price
analysis of procurement of equipment shall
be kept by the Grantee and made available
for audit purposes. Disposition of the
equipment must be approved by CAL FIRE in
writing at the end of the grant term.

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22 Budget Item Eligible Cost Required Documentation
Other Other costs that do not fit in any of the above
categories. The cost must be directly related to the
grant project. A cost (such as rent, utilities, phones, general office supplies, etc.) that must be
apportioned to the grant is considered indirect cost
unless written justification is submitted and
approved by CAL FIRE.

Invoices or receipts identifying the item and
cost charged to the grant.

Indirect Costs Indirect Costs are costs associated with doing business that are of a general nature and are
incurred to benefit two or more functions within
the Grantee organization. These costs are not
usually identified specifically in the grant
agreement, project, or activity, but are necessary
for the general operation of the organization.

Examples include salaries and benefits of employees
not directly assigned to a project; functions such as
personnel, accounting, budgeting, audits, business
services, information technology, janitorial, and
rent, utilities, supplies, etc. Functions included as
direct versus indirect costs must be applied
consistently for all activities within the Grantee
organization, regardless of fund source. The
maximum allowable indirect charge for this grant
program for all entities including UC’s and CSU’s, is
12%.

Applied on a percentage (%) basis on direct
costs except for equipment.

Documentation related to the determination
of the Grantee’s indirect cost rate must be
retained by the Grantee for audit purposes.

Payment of Grant Funds
Funds will be disbursed only when there is a fully executed grant agreement between CAL FIRE and the Grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee. All payments are made on a reimbursement basis, except in cases where CAL FIRE authorizes advanced payments. (i.e., the Grantee is invoiced for services, products, or supplies; invoices CAL FIRE for same; and is reimbursed by the State upon approval of the invoice). No work prior to or after the grant period will be reimbursable.

CAL FIRE has the legal right to conduct a spot inspection to verify that work invoiced has been satisfactorily completed. If an invoice is incomplete or non-reimbursable, it will be returned to the Grantee. The Grantee will need to update the date on the invoice if corrections are required.

Advance Payments
Advance payments may be considered for nonprofit organizations, local agencies, special districts (including RCDs), and Native American tribes. Advance payments are solely at CAL FIRE’s discretion and eligibility and may be subject to change. An advance request form must be submitted identifying how funds may be used over a six-month period. For advance requests for the purchase of necessary equipment approved within the grant, the Grantee may request F.2.a
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23 an advance not to exceed 50% of the total award or cost of equipment, whichever is lesser. All other advance requests shall not exceed 25% of the total grant award. Advances must be fully utilized within a six-month period unless additional time has been requested and is approved by CAL FIRE. No single advance payment shall exceed 25% of the total grant award. No additional advances may be requested until acceptable documentation is received by CAL FIRE that the previous advance has been fully liquidated on eligible expenses. In addition, an accountability report must be submitted to CAL FIRE at least every 4 months upon receipt of funds until funds have been fully liquidated.

CAL FIRE processes for approving and managing grant advances are subject to change. CAL FIRE may request Grantee to submit all past due reporting prior to approving funds for advance payments.

State Audit
At any time during or upon completion of the project, the State may audit the project records.

A project is considered complete upon receipt of the final grant payment from the State. The purpose of the audit is to verify that project expenditures were properly documented.

If your project is selected for audit, you will be contacted at least 30 days in advance. The audit should include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which state funds were granted. Projects may be subject to an audit at any time for up to three years after project completion.

To expedite the audit, the Grantee shall have the project records readily available, including the source documents, and canceled warrants. The Grantee shall also provide an employee having knowledge of the project and the accounting procedure or system to assist the state auditor.

The Grantee shall provide a copy of any document, paper, record, or the like as requested by the auditor. Projects will be suspended if the audit reveals discrepancies or if CAL FIRE believes there are improprieties or issues with the project.

All project records must be retained by the Grantee for a period of not less than one year after the state audit or after final disposition of any disputed audit findings. Grantees are required to keep source documents for all expenditures related to each grant for at least three (3) years following project completion and one year following an audit unless the Grantee has a longer retention policy.

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24 Explanation of Terms

TERM EXPLANATION
Agreement A legally binding agreement between the State and another entity.

Amendment A formal modification or a material change of the Agreement, such as terms, cost, budget, or scope of work.

Applicant The entity who has applied, requesting grant funds.

Application The individual application form identified as Appendix E and its required supporting attachments for grants pursuant to the enabling legislation and/or program.

Appropriation A Legislative budget authorization from a specific fund to a specific agency or program to make expenditures or incur obligations for a specific purpose and period.

Authorized
Representative
The designated position identified in the Resolution as the agent to sign all required grant documents including, but not limited to, grant agreements, Application forms, and payment requests.

CEQA The California Environmental Quality Act as stated in the PRC § 21000 et seq.; Title 14 California Code of Regulations (CCR) §15000 et seq. CEQA is a law establishing policies and procedures that require agencies to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur because of the agency’s proposed Project.

Consultant Services Services which provide a recommended course of action or personal expertise, such as accounting or a Registered Professional Forester (RPF).

Contractor An entity contracting with the Grantee for services and generally receives a form 1099 for tax purposes.

Direct Costs Expenses of doing business that are directly attributable to the Project. Examples of direct costs are salaries and benefits of employees directly associated with a Project or expenses of items used directly by the Project.

Employee Individuals employed directly by the Grantee and generally receives a W-2 for tax purposes.

Encumbrance A commitment of funds guaranteeing a source of payment for a specific Agreement.

Execution of an
Agreement
The act of signing an Agreement, which provides a legal basis for required performance by parties to the Agreement.

Grantee The entity that has an executed grant agreement for the award of grant funds.

Indirect Costs Expenses of doing business that are of a general nature and is incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, grant agreement, Project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a Project; functions, such as personnel, business services, information technology, janitorial; and rent, utilities, supplies, etc. Indirect Costs may be referred to as overhead or administrative costs.

Modification An Agreement modification is an informal agreement that moves dollars in the line item and task budgets not to exceed 10% of total grant amount; changes deliverable due dates or makes a minor change in the work in accordance with the intent of the legislation. It does not require a formal amendment of the grant agreement. See modifications section for further requirements.

Nonprofit
Organization
Any California corporation organized under Sections 501(c)(3) of the Federal Internal Revenue Code. A letter of determination certifying nonprofit status will be required prior to Project approval.

Operating Expenses
(Direct Costs)
Any cost that can be specifically identified as generated by and in accordance with the provisions or activity requirements of the grant agreement.

Payee Data Record
(Std. 204)
Form Std. 204, “Payee Data Record” is required for all grant recipients. The form must be submitted to establish a vendor number for payment and to have funds encumbered.

Personnel Services This budgeted amount includes salaries and benefits for wage-earning personnel employed by the Grantee/Contractor (not a subcontractor) and working on the Project.

Project Performance
Period
The period that the Project Scope of Work costs may be incurred, and the work described in the Project Scope of Work must be completed, billed, and paid by the State. Only eligible costs incurred during the Project Performance Period will be paid.

Project The term “Project” means the activity or work to be accomplished utilizing grant funds and match (if applicable).

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25 TERM EXPLANATION
Project Scope of Work The term “Project Scope of Work” defines the individual scope of work or activity describing in detail the proposed tasks identified as Attachment 2, as described in enabling legislation and in the grant agreement.

Project Budget
Narrative
The term “Project Budget Narrative” defines the proposed detailed budget plan.

Resolution The purpose of a resolution by a Grantee’s governing body is to allow the entity to sign Agreements and amendments for a specific project, i.e., it allows the designated entity to enter into an agreement with the State of California, and it designates someone to sign on behalf of the Grantee’s governing board. A signed resolution must be submitted at the time the signed grant agreements are returned to CAL FIRE’s Grants Management Unit, Sacramento Headquarters.

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26 APPENDICES
Appendix A: Environmental Compliance for CAL FIRE Projects (CEQA) Appendix B: Sample Resolution
Appendix C: Invoice
Appendix D: Check Lists
Appendix E: Project Application
Appendix F: Project Scope of Work
Appendix G: Project Budget Spreadsheet
Appendix H: PDF Project Map
Appendix I: Standard Required Forms
Appendix J: CalMAPPER for Awarded Grants
Appendix K: Low-Income and Disadvantaged Communities
Appendix L: How to Apply

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27 Appendix A – Environmental Compliance for CAL FIRE Projects (CEQA) NOTE: Grantee must submit proof of California Environmental Quality Act and/or National Environmental Policy Act compliance within one year of the execution of the grant agreement.

To ensure this occurs in a timely manner, the Grantee should contact the Department of Forestry and Fire Protection (CAL FIRE) environmental compliance staff as soon as possible after receiving the executed Grant Agreement.

California Environmental Quality Act (CEQA)
Within one year of the execution of the grant agreement and prior to commencing any on-the- ground work, CAL FIRE requires proof of adequate compliance with CEQA. This may be accomplished by one or more of the following methods:

1. Notice of exemption filed with the State Clearinghouse or the county clerk.

2. Initial study and negative declaration or mitigated negative declaration and all associated noticing documents filed with the State Clearinghouse or the county clerk.

3. Draft and final environmental impact report and all associated noticing documents filed with the State Clearinghouse or the county clerk.

4. Timber harvesting permit or notice in compliance with the California Forest Practice Act and Rules for projects that undertake timber operations per Public Resources Code § 4527. The timber harvesting document must cover grant-funded activities for the associated treatment area or be supplemented by additional CEQA documents.

5. Finding of no significant impact-decision notice, categorical exclusion- decision memo or environmental impact statement-record of decision prepared in compliance with the National Environmental Policy Act for projects that are exempt from CEQA pursuant to Public Resources Code § 4799.05(b).

6. Certification that the project qualifies for the limited suspension of requirements of CEQA pursuant to the Governor’s October 30, 2015, Proclamation of a State of Emergency.

7. Completed and accepted project-specific analysis under the CalVTP and all associated noticing documents filed with the State Clearinghouse or the county clerk.

For exempt projects where the Grantee is a public agency 1, the Grantee will be responsible for:
(a) preparing and filing the notice of exemption for an exempt project. For exempt projects

1 “Public agency” includes the following:

PRC § 21062. “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this division a redevelopment agency and a local agency formation commission are local agencies, and neither is a state agency, board, or commission.

PRC § 21063. “Public agency” includes any state agency, board, or commission, any county, city and county, city, regional agency, public district, F.2.a
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28 where the Grantee is not a public agency (e.g., fire safe council), CAL FIRE or another public agency will be responsible for (a) preparing and filing the notice of exemption.

For non-exempt projects where the Grantee is a public agency, the Grantee will assume the role of lead agency. For non-exempt projects where the Grantee is not a public agency (e.g., fire safe council), CAL FIRE or another public agency will need to assume the role of lead agency.

The lead agency is responsible for: (a) performing the necessary environmental effects analysis; (b) preparing environmental documents; and (c) filing associated notices.

The lead agency may require the Grantee to prepare, or retain a consultant to prepare, the environmental documents required for demonstrating adequate compliance with CEQA. When CAL FIRE is the lead agency, the Grantee must work closely with the department to ensure the environmental documents reflect its independent judgement.

Grantees should ensure they ask for adequate funds for environmental work when applying for grants. When preparing their budgets, Grantees should consider the need to contract with appropriate resource professionals to do the necessary environmental effects assessment and document preparation work. This may include biologists, professional archaeologists, air quality experts, registered professional foresters, environmental planners, etc.

For all environmental documents where CAL FIRE is the lead agency, except timber harvesting permits or notices, cultural resources must be assessed per the procedures outlined in Cultural Resources Review Procedures for CAL FIRE Projects. This may require the project proponent to consult with the appropriate CAL FIRE archaeologist to determine if impacts to cultural resources are possible and what, if any, assessment work will have to be done. This consultation should be done as early in the planning process as possible.

CAL FIRE will review all environmental documents and associated notices for adequate compliance with applicable procedures and CEQA.

redevelopment agency, or other political subdivision.
14 CCR § 15368 “Local agency” means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment agencies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
14 CCR § 15379 “Public agency” includes any state agency, board, or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the state. This term does not include agencies of the federal government.

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29 Appendix B – Sample Resolution

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30 Appendix C – Invoice
Invoice Guidelines
While the Grantee is not required to use the invoice template included on the FP Grants website due to differences in accounting systems used by the Grantee, the Grantee must include the following elements when submitting a payment request, either on the Grantee’s invoice or as an attachment to the invoice. If a Grantee chooses to use their invoice in lieu of the invoice template provided, the invoice must be put on Grantee’s official letterhead.

1. The word “Invoice” shall appear at the top of the page.

2. Grantee Information – Includes the Grantee name and address which shall match the Std. 204 - Payee Data Record submitted with the grant agreement. Payment will be submitted to this address after the invoice has been approved. Grantee shall notify CAL FIRE in writing regarding address changes and effective dates.

3. Invoice Date & Number – Date invoice was issued and unique invoice number to be determined by the Grantee for reference.

4. CAL FIRE Contact Name and Address – Name, Program, and Address of the CAL FIRE designee as identified in the Grant Agreement.

5. Grant Identification – Grant Number, Grant Performance Period, and Project Name as identified in the Grant Agreement.

6. Invoice Period – Performance start and end dates for which Grantee is invoicing CAL FIRE. Under no circumstances will an invoice period outside of the grant performance period be accepted.

7. Payment Type – Indicate whether the invoice is to request an advance payment, interim payment, or final payment.

8. Cost breakdown – Grantee costs must be broken down by the budget item consistent with the approved budget in the Grant Agreement. The Grantee must identify the amount for which CAL FIRE is being billed in the invoice period and the total amount spent and match (if applicable) from the beginning of the grant performance period through the invoice period. Advance requests should still include a breakdown of the budget items for which the Grantee is planning to expend the funds.

9. Offset to current cost – Include the balance of advance funds given to Grantee as well as program income earned from the grant if applicable.

10. The total amount for which Grantee is requesting reimbursement from CAL FIRE.

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31 11. Grantee contact name, phone number, and email address for questions related to the invoice.

12. All backup documentation to support the invoice (see Payment of Grant Funds).

13. Certification and signature of authorized representative - Please see sample invoice for certification language.

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32 Appendix D – Check Lists
Project Application Package Check List

☐ Attachment 1 – Completed Project Grant Application Form ☐ Attachment 2 – Completed Project Scope of Work ☐ Attachment 3 – Completed Project Budget (Excel format) ☐ Attachment 4 – PDF Version of Project Map (formatted to 8 ½” x 11”) ☐ Attachment 5 – State of California Payee Data Record form (Std. 204) – see Appendix I ☐ Attachment 6 – Articles of Incorporation, including document w/seal from Secretary of State (non-profit applicant) ☐ Attachment 7 – Board Resolution granting authority to sign (non-profits and Local Government) ☐ Attachment 8 – Project Mapping Program (online submission only) ☐ Attachment 9 – State of California Non-Discrimination Compliance (Std. 19) – see Appendix I ☐ Attachment 10 – State of California Drug-Free Workplace Certification (Std. 21) – see Appendix I ☐ Attachment 11 – Exhibit A and B of the University Model Agreement (only required for UCs, CSUs and their auxiliary entities that require the use of the University Model Agreement)
Grant Agreement Package Check List

☐ Three original signed Grant Agreements with attachments ☐ Attachment 1 – Completed Project Grant Application Form ☐ Attachment 2 – Completed Project Scope of Work ☐ Attachment 3 – Completed Project Budget ☐ Attachment 4 – PDF Version of Project Map

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33 Appendix E – Project Application
Project Application Terms
The project application will become Attachment 1 to the Grant Agreement. Several items warrant explanation and are discussed in order as they appear on the form:

Project Tracking Number: Project tracking number is in the following format.

YY-FP-UUU-XXXX
UUU is the Unit identifier – the first three letters from Item 1 CAL FIRE Unit/Contract County. (Ex: UUU = AEU for AEU-Amador El Dorado Unit.) XXXX is a number assigned by CAL FIRE.

Applicants will request a Project Tracking Number by emailing ONE of the following:

[email protected] (Northern Region Contact)
[email protected] (Southern Region Contact) [email protected] (Sacramento)
Applicant MUST specify the grant application for which they are requesting tracking number.

The request shall include:
• The applicant organization name
• The name of the CAL FIRE Unit where the project or activity will be located. • The name of the project (if available)
• Email address of the individuals that will need access to the CAL FIRE FP Grants SharePoint folder to submit the application

The CAL FIRE email reply will include the assigned project tracking number as well as links to the SharePoint folder and the Project Mapping Program.

It is highly recommended that applicants request this information at least one week prior to the due date to allow for a timely response to your request.

CalMAPPER ID: If you have an existing CalMAPPER ID related to the project please supply it in the appropriate box. If you do not have an existing CalMapper ID, it is not required.

Project name: Though a specific naming convention is not required, many project names include both geographical and activity information. (Ex: High Ridge Fuel Break) F.2.a
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34 Organization Type: Select the organization type of the organization responsible for the project or activity. Fire Protection Provider: Select under which framework the local Fire Service is governed / organized. This cannot be CAL FIRE.

Sponsoring Organization: Legal name of sponsoring organization responsible for the project or activity. If selected for an award, this will be the name of the Grantee used in the grant agreement.

Project Activity: Select the primary activity for the project. Education projects are described in terms of Public Education. Public Education includes activities designed to directly inform the public of fire prevention measures that they can take to reduce risk.

Grant Period: From the date of Execution (signed by CAL FIRE State Fire Marshal or designee) to no later than March 15, 2026. Instructions are included on the application form (pdf).

Limiting Factors: Check the box if there are any limiting factors that may affect the successful completion of the project. Describe these factors in the Scope of Work (Attachment 2).

Timber Harvest Plans (THP): For Fuels Treatment projects, check the box and provide the THP number if there are recent timber harvest plans in the treatment area for which a Notice of Completion has not been filed with CAL FIRE.

Community at Risk: Enter the number (count) of communities in the project area. Communities at Risk are listed on the Office of the State Fire Marshal website.

Disadvantaged/Low Income Community: Using the Disadvantaged and Low-Income Community maps, select the corresponding boxes that apply to the project.

Describe how your proposal would reduce the total amount of wildfire (and thereby reducing wildfire emissions) around communities, homes, infrastructure, and other highly valued resources, with focus on GHG benefits: Describe in the space provided how your project or activity will reduce GHG emissions.

Federal Responsibility Area: Select the corresponding boxes that apply to the project. If the Project includes work on Federal Lands, provide the total acres.

Project Area Statistics: Determine the proportion of acres in the project area. For the Project Influence Zone, the total acres should encompass all treatment areas or could include a buffer area around the planning/public target. For the Treatment Influence Zone, the total acres should equal the total project acres.

Project Budget: The project budget is provided in the Excel spreadsheet (attachment 3). Enter the grant funding amount being requested, minus any Grantee or partner funds.

Local Wildland Fire Risk Reduction Plans: Check all that apply. Discuss the relationship in the Scope of Work.

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35 Environmental Compliance: Select the appropriate CEQA document type for the project. If the project does not require CEQA compliance, then select “not applicable” from the list. If a CEQA document has been previously completed, then enter the identification number. If an exemption is being used in place of CEQA, list the type of exemption.

Application Submission: Applications are to be submitted by uploading the documents to the CAL FIRE FP Grants SharePoint folder. The electronic application with the attachments will provide greater utility for CAL FIRE review as employees in various offices will be tasked with portions of the application review. A checklist is provided for each of the attachments that are included in the submission package. Enter the file name for each of the files attached that are being submitted. The application, the Project Mapping Program submission, and all associated documents must be uploaded to the CAL FIRE FP Grants SharePoint folder by February 9, 2022 at 3:00 PM PST.

Please use this file naming structure for the attachments:
• 21-FP-UUU-XXXX-Application.pdf
• 21-FP-UUU-XXXX-SOW.doc
• 21-FP-UUU-XXXX-Budget.xls
• 21-FP-UUU-XXXX-MAP.pdf

Where XXXX is the project number from Item 1 Tracking ID and UUU is the Unit identifier – the first three letters from Item 1 CAL FIRE Unit/Contract County.

• AEU-Amador-Eldorado
• BDU-San Bernardino
• BEU-San Benito-Monterey
• BTU-Butte
• CZU-San Mateo-Santa Cruz
• FKU-Fresno-Kings
• HUU-Humboldt-Del Norte
• KRN-Kern
• LAC-Los Angeles
• LMU-Lassen-Modoc
• LNU-Sonoma-Lake-Napa
• MEU-Mendocino
• MMU-Madera-Mariposa-Merced
• MRN-Marin
• MVU-San Diego
• NEU-Nevada-Yuba-Placer
• ORC-Orange
• RRU-Riverside
• SBC-Santa Barbara
• SCU-Santa Clara
• SHU-Shasta-Trinity
• SKU-Siskiyou
• SLU-San Luis Obispo
• TCU-Tuolumne -Calaveras
• TGU-Tehama-Glenn
• TUU-Tulare
• VNC-Ventura
• SAC-Statewide Only*
*Projects with statewide benefit
shall have a SAC Unit identifier

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36 Appendix F – Project Scope of Work
Scope of Work Instructions
• Use the Scope of Work template from the Fire Prevention grant program website. • The instructions in the Scope of Work template are provided to prompt the project applicant to fully describe the proposed project. Please be sure to address each item listed so that the full impact of your project can be considered during the project evaluation and selection phase of this grant process. The document contains boxes for your response. The boxes will expand as needed for a full response. Please provide responses that clearly describe your project while being concise and brief. • For clarity to the reviewer, it is suggested that you utilize the headers and prompt numbers provided below in the narrative discussion of your proposed project. • This Scope of Work template should clearly describe your proposed project and reflect the Project Budget Sheet (PBS).
• Further instructions for the Scope of Work are found in the Scope of Work template. • Upload this Scope of Work to the project application as a separate document with the file name 21- FP-UUU-XXXX-SOW.doc.

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37 Appendix G – Project Budget Spreadsheet
Project Budget Spreadsheet Instructions:
• Project Name
• Salaries and Wages: Salaries for wage-earning personnel employed by the Grantee/contractor (not a subcontractor) and working on the project. • Employee Benefits: Benefits for personnel employed by the Grantee/contractor (not a subcontractor) and working on the project.
• Contractual: List contracts used to achieve the objectives of the project. Equipment that is rented or leased would be included in this section.
• Travel and Per Diem: Expenses for travel (mileage, motel, meals, and incidentals) to off- project locations.
• Supplies: Various identifiable supplies needed for the project. Purchase of minor equipment costing less than $5,000 per unit is categorized as supplies and is to be included in the supply section of the budget. Chainsaws are an example of a supply item because the chainsaw is minor piece of equipment generally costing less than $5,000 per unit.
• Equipment: Equipment costing more than $5,000 and has a lifespan of more than one year.
• Other Costs: Other miscellaneous costs.
• Indirect Costs: Expenses of doing business that are of a general nature and is incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, Grant Agreement, project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a project; functions such as personnel, business services, information technology, and janitorial; and salaries of supervisors and managers. Indirect costs are capped at 12% of the grant amount for this grant for all entities including UC’s and CSU’s (excludes Equipment).

Upload this Project Budget Sheet to the project application as a separate document with the file name: 21-FP-UUU-XXXX-Budget.xls
• Where: XXXX is the project number
• And: UUU is the 3-letter identifier (see item 1 on the Project Application form)

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38 Appendix H - PDF Project Map
In addition to the online project and treatment maps, Include a pdf map(s) of the project with the project application. The maps shall meet the following requirements:
• Electronic format of PDF.
• Printed format(s) should measure 8 ½ by 11 inches.
• The scale should be 1:24,000 scale or greater. The maps should show enough of the surrounding area so that the application review team can get a sense of the relationship of the project to the surrounding area.
• The map(s) should clearly show:
o Project boundaries
o Treatment area(s) by type
o Roads
o Watercourses
o Parcels
o City/County/Unit
o Proximity to wildfire threatened communities
o Other necessary information
• Legend: Include a map legend that identifies:
o The features on the map
o The project tracking number
o Project name
o Project proponent

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39 Appendix I – Standard Required Forms
These standard forms are required to be submitted with the Project Application.

Payee Data Record form (STD. 204): CAL FIRE utilizes this form internally for all Grantees. This form is required for all applicants, including local governments, despite the language on the form. Payee Data Record STD. 204
Nondiscrimination Compliance Statement form (STD. 19): Nondiscrimination Compliance Statement STD. 19
A Drug-Free Workplace Certification form (STD. 21): Drug-Free Workplace Certification STD. 21

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40 Appendix J – CalMAPPER for Awarded Grants
All California Climate Investments (CCI) funded projects will be recorded in CAL FIRE’s Management Activity Project Planning & Event Reporter (CalMAPPER). To achieve this, Grantees will need to provide spatial information about where the project is occurring on the landscape, identify an appropriate treatment objective or category for their project, and identify what activities occurred under the category to their local CAL FIRE Unit.

Spatial data requirement
The Grantee will work with the local CAL FIRE Unit to provide spatial data that allows CAL FIRE to enter the project into CalMAPPER. Spatial data can include but is not limited to shapefiles, gpx fires, KML/KMZ files, etc. The Grantee will work with the local unit to identify the most appropriate format for their data to be submitted, based on the capabilities of the Grantee and the needs of the local unit.

Grant Categories
CCI grants are divided into two categories for CalMAPPER entry:

1. Hazardous Fuels Reduction or

2. Wildfire Prevention Planning and Education
Hazardous Fuels Reduction
Hazardous Fuels Reduction projects funded under CCI should fall into one of the following treatment objectives:
• Fuels Reduction: Work conducted in an area where the primary objective is to reduce fuel loads.
• Fuel Break: Work conducted to modify flammable vegetation to create defensible space to reduce fire spread to structures and/or natural resources, and to provide a safer location to fight the fire. Fuel breaks are strategically placed along a ridge, valley bottom, access road, or around a subdivision.
• Right of Way Clearance: Work conducted along the right of way of fire roads, county roads, or highways for purposes of improved ingress and egress. This includes the removal of dead trees resulting from insect or drought. Right of Way Clearance is not done with the intent of stopping a fire at the location of work but instead focuses on ingress and egress enhancement.
• Other: If the Grantees project does not fall into one of the previously identified treatment objectives, the Grantee will need to work with the local unit.

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41 CALMAPPER, continued
Fire Prevention Planning and Education
Fire Prevention Planning and Education projects funded under CCI should fall into one of the following categories:
• Community Plans Developed or Revised
• Education Outreach (includes Public Service Announcements) • Public Meetings
• Signage
• WUI Pre-Planning
• Wildfire Risk Mapping
• Evacuation Plans
• Other: If the Grantees project does not fall into one of the previously identified categories, the Grantee will need to work with the local unit. to identify an appropriate category for entry into CalMAPPER.

Grant Activities
Below is a list of appropriate activities based on the Hazardous Fuels Reduction Treatment Objectives identified above, if the Grantee is completing an activity that is not listed below consult with the local CAL FIRE Unit to identify an appropriate activity for entry into CalMAPPER.

Fuels Reduction
• Air Curtain Burner
• Biomass Removal
• Boundary Mapping
• Chaining
• Chipping
• Crushing
• Erosion Control
• Grazing
• Hand Line
• Herbicide
• Lop and Scatter
• Mastication
• Milling

• Pile Burning
• Piling (Mechanical)
• Piling (Manual)
• Project Administration
• Pruning
• Planning Meeting
• Public Contacts
• Public Meetings
• RPF Supervision
• Site Assessment
• Thinning
• Trees Felled (>10” dbh>20’ tall)

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42 CALMAPPER Grant Activities, continued
Fuel Break
• Biomass Removal
• Boundary Mapping
• Chaining
• Chipping
• Crushing
• Dozer Line
• Erosion Control
• Grazing
• Hand Line
• Herbicide
• Lop and Scatter
• Mastication
• Pile Burning
• Piling (Mechanical)
• Piling (Manual)
• Project Administration
• Pruning
• Planning Meeting
• Public Contacts
• Public Meetings
• RPF Supervision
• Site Assessment
• Thinning
• Trees Felled (>10” dbh>20’ tall)
Right of Way Clearance
• Biomass Removal
• Boundary Mapping
• Chaining
• Chipping
• Crushing
• Erosion Control
• Grazing
• Herbicide
• Lop and Scatter
• Mastication
• Pile Burning
• Piling (Mechanical)
• Piling (Manual)
• Project Administration
• Pruning
• Planning Meeting
• Public Contacts
• Public Meetings
• RPF Supervision
• Site Assessment
• Thinning
• Trees Felled (>10” dbh>20’ tall)
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43 Appendix K – Low-Income and Disadvantaged Communities California Climate Investments are required to meet minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low- income households collectively referred to as “priority populations” and defined by Assembly Bill 1550.

CAL FIRE’s Fire Prevention Grants Program and Forest Health Program has a goal of funding a percentage of projects that benefit Low-Income Communities or Households. This is not a requirement for eligibility, but preference will be given to projects that benefit a priority population.

Achieving “Low-Income Community or Household” designation requires 3 steps:

Step 1: Identify the Priority Population(s). Located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a low- income household. California Air Resource Board’s Community Investments webpage may be used to identify the census tract.

Step 2: Address a Need. Meaningfully address an important community or household need for the disadvantaged community, low-income community, or low-income household; and Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations.

The following tables will assist you in achieving the designation and can be found on the California Air Resources Board CCI Quantification, Benefits, and Reporting Materials webpage.

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44 F.2.a
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45 F.2.a
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46 Appendix L – How to Apply
Applicants are strongly encouraged to work with their local CAL FIRE Unit for guidance in developing project plans before applying. CAL FIRE Units are staffed with skilled professionals who possess knowledge of local area Fire Prevention needs. A relationship with the local CAL FIRE Unit enhances the potential for a successful application and project award.

Applicants will request a Project Tracking Number by emailing ONE of the following:

[email protected] (Northern Region Contact)
[email protected] (Southern Region Contact) [email protected] (Sacramento)
Applicant MUST specify the grant application for which they are requesting tracking number.

The request shall include:
• The applicant organization name
• The name of the CAL FIRE Unit where the project or activity will be located. • The name of the project (if available)
• Email address of the individuals that will need access to the CAL FIRE SharePoint Folder to submit the application

It is highly recommended that applicants request this information at least one week prior to the due date to allow for a timely response to your request. The CAL FIRE email reply will include the assigned Project tracking number as well as links to the SharePoint folder and the Project Mapping Program. All application forms, instructions, and attachments can be found on the CAL FIRE FP Grants Website.

The Instructions on how to draw and submit Geo Point and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants. There is a video and a quick reference guide with screenshots of the online mapping program. Hazardous Fuel Reduction applications without online Geo Points and Polygons will not be accepted. Fire Prevention Planning and Education grants will submit the Geo Point only.

Grantees are required to include the California Climate Investments funding boilerplate and logo with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: February 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325

SPONSOR(S): Burns

TITLE OF ITEM: RESOLUTION NO. 2022-20, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ALLOW THE HOLLISTER FIRE DEPARTMENT TO SUBMIT A 2022 SENATE DISTRICT 12 BUDGET REQUEST TO THE OFFICE OF SENATOR ANNA M. CABALLERO

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M. Caballero, Senate District 12 for Capital Improvement Projects (CIP) for the City of Hollister.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M. Caballero for Capital Improvement Projects (CIP) for the City of Hollister.

DEPARTMENT SUMMARY: The Hollister Fire Department requests consent from the City Council of the City of Hollister to submit a 2022 Senate District 12 Budget Request to the office of Anna M. Caballero, Senate District 12.

Hollister is a city and is the county seat of San Benito County, California, which is represented by the 12th State Senate district and represented by Anna M. Caballero in Salinas, California.

The office of Senator Caballero has released a request to submit budget proposals for the 12th Senate District. Requests should be limited to the most pressing budget priority projects (1-2 projects). The Senator will review for possible funding allocation from the state budget. Proposals should address critical community services, economic recovery post pandemic, and essential community and infrastructure needs. Projects may include:

Capital Outlay Projects:
 Capital Improvements Projects (CIPs)
 Construction or improvement of community parks or community open spaces  Construction or improvement of critical facilities such as public safety

The Hollister Fire Department has identified projects for the City of Hollister in which the City, along with neighboring communities through Auto Aid and Mutual Aid Agreements, have a significant gain in services if selected to be funded with this grant. Projects that have been identified are as follow:
 Emergency Operations Center (EOC) - create/identify an emergency dispatch center for Public Safety
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 Permanent placement of Fire Station 3 - to meet Fire Emergency needs and requirements to the North End of the city which protects the Hollister Municipal Airport and major businesses –
o New construction of building structure
o Improvement/remodel of Airport Hangar – identified location Hollister Municipal Airport

There is no guarantee funding will be allocated, however, this provides the Senator with information about the most pressing budgetary needs within her district.

FINANCIAL IMPACT: The Senator will review for possible funding allocation from the state budget. Fire Impact Fees can be a source of funds to contribute to projects.

CEQA: Projects requiring CEQA review will be required to provide documented compliance upon project approval.

ATTACHMENTS:

1. Budget Memo - 2022 Senate District 12 Budget Request

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO ALLOW THE HOLLISTER FIRE DEPARTMENT TO SUBMIT A 2022 SENATE DISTRICT 12 BUDGET REQUEST TO THE OFFICE OF SENATOR ANNA M. CABALLERO

WHEREAS, the Hollister Fire Department is requesting approval from City Council to submit a 2022 Senate District 12 Budget Request to the office of Anna M. Caballero, Senate District; and

WHEREAS, the budget request should be limited to the most pressing budget priority projects (1-2 projects); and

WHEREAS, Senator Caballero will review for possible funding allocation from the state budget and proposals should address critical community and infrastructure needs; and

WHEREAS, projects may include Capital Improvement Projects including construction or improvement of critical facilities such as public safety; and

WHEREAS, the Hollister Fire Department has identified projects within the City of Hollister in which the City, along with neighboring communities through Auto Aid and Mutual Aid Agreements, have a significant gain in services to the community if selected to be funded with this grant; and

WHEREAS, there is no guarantee funding will be allocated, these budget requests provide Senator Caballero with information about the most pressing budgetary needs within her district.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Anna M. Caballero, Senate District 12.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd 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

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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. 2022-20, 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 22nd 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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Senator Anna M. Caballero
SENATE DISTRICT 12

2022 Senate District 12 Budget Request Instructions
State Senator Anna Caballero is requesting submittal of budget proposals for the 12th Senate District. Requests should be limited to the most pressing budget priority projects (1-2 projects). The Senator will review for possible funding allocation from the state budget. Proposals should address critical community services, economic recovery post pandemic, and essential community and infrastructure needs.

Information Requested:
 Name of the City
 Contact Information (including phone number and e-mail)  If you plan to transfer funds to non-profit, please include name of the organization and contact information  Project Name (i.e., Madera Courthouse Project)
 Total amount of funds requested
 Project Timeline
 Project Budget (include all funding sources).
o Specify if project will require additional funding from sources other than this request and how you plan to secure the necessary funding.
o Specify if this funding is needed for project completion  Include Status of Planning and design, if applicable
 Include Project Photos or project specifications, if available  Brief description of use of funds
 Brief description of the proposed project and how the community/neighborhood will benefit from the project Service Projects May Include: (funds should provide long-term sustainability for continued services):
 Expansion of current services to meet an increased essential community need or demand  Service to support Foster Youth, victims of domestic violence or other underserved populations  Services to address homelessness
Capital Outlay Projects May Include:
 Capitol Improvements Projects (CIPs)
 Construction or improvement of community parks or community open spaces  Construction or improvement of critical facilities such as public safety Funding Schedule:

Awardees will be required to enter into a grant agreement, approve a resolution and submit progress reports. Budget oversight will be handled by the Bonds and Grants Unit, California Natural Resources Agency. www.resources.ca.gov/grants
Budget request and all supporting documents are due on Friday, February 25th, 2022 at the close of business to Anna Velazquez via email to [email protected]. If you have any further questions, please contact Anna Velazquez at (831) 769-8040.

Please note, there is no guarantee funding will be allocated, however, this provides the Senator with information about the most pressing budgetary needs within her district.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: February 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325

SPONSOR(S): Burns

TITLE OF ITEM: RESOLUTION NO. 2022-21, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO ALLOW THE HOLLISTER FIRE

DEPARTMENT TO APPLY FOR THE CALIFORNIA GOVERNOR'S OFFICE OF

EMERGENCY SERVICES - HAZARD MITIGATION ASSISTANCE - PREPARE CA

MATCH - FEMA HMGP AND PREPARE CA JUMPSTART FUNDING OPPORTUNITY

BRIEF DESCRIPTION: This item will allow the Hollister Fire Department to apply for the California Governor’s Office of Emergency Services – Hazard Mitigation Assistance -- Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity– a grant for eligible social vulnerable and high hazard communities.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the Hollister Fire Department to apply for California Governor’s Office of Emergency Services – Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity - a grant for eligible social vulnerable and high hazard communities.

DEPARTMENT SUMMARY: The Hollister Fire Department requests consent from the City Council of the City of Hollister to apply for a grant with the California Governor’s Office of Emergency Services (Cal OES).

Prepare CA is a one-time, state-funded initiative to help socially vulnerable and high hazard risk communities – which are impacted disproportionately by disasters and experience longer and more challenging economic and structural recoveries – advance their progress toward greater resilience through outreach, technical assistance, and funds to subsidize local mitigation and resilience initiatives. Prepare CA funding can be grouped into two new opportunities.

 Prepare CA Match – FEMA HMGP (Prepare CA Match) is a competitive state grant program that provides local (non-federal share) and federal cost share funding, as well and project scoping/sub application technical assistance, to qualified entities to develop FEMA HMGP projects and activities that directly and primarily benefit eligible socially vulnerable and high hazard risk communities and reduce risk to loss of life and property from natural hazards. Prepare CA Match has $255 million in available federal funding for eligible FEMA HMGP projects and activities. Cal OES will also provide $85 million in state funding to cover the required 25% local cost share (non-federal share). Projects selected for Prepare CA Match funding will be put forward under FEMA HMGP. Some key highlights include:

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o Fully covers the local cost share (non-federal share) for eligible FEMA HMGP activities and projects (i.e., no local match is needed to apply) o Helps communities overcome financial barriers accessing mitigation funds and allows for identification of larger projects that mi ght have been unviable because the local cost share was too great

 Prepare CA Jumpstart – a $15 million state grant program that provides technical assistance and state funding to qualified entities to develop a local initiative that directly and primarily benefit eligible socially vulnerable and high hazard risk communities ($1million in state funds per application); and create resiliency through capacity building, mitigation, preparedness activities, education, response/recovery planning, and/or future project scoping. Some key highlights include:

o Excellent opportunity for communities with little to no experience in mitigation grant programs to get their foot in the door
o No need for a BCA, EHP review, or local cost-share
o Funding for a broad range of capa city-building & resilience efforts, such as the hiring of a Community Resilience Officer, evacuation planning, as well as education and workshops for staff and residents, and many more

Eligible applicants must be a local or Tribal government – including cities and federally and non-federally recognized tribes-that are considered a socially vulnerable and high hazard risk community according to the Cal OES Hazard Mitigation Assistance Division’s Vulnerability Map. The City of Hollister’s-West End of the City, is identified as hazard exposure on the Hazard Exposure and Social Vulnerability Heat Map. (Attachment A)

The Hollister Fire Department will be applying for both of the identified funding opportunities – Prepare CA Match – FEMA HMGP and Prepare CA Jumpstart.

Funding for a broad range of capacity-building & resilience efforts as indicated above.

FINANCIAL IMPACT: 25% of awarded cost – determined with the award package

CEQA: Applicable only should award package request CEQA review.

ATTACHMENTS:

1. NOFO Flyer_2021 HMGP and PrepareCA_v2

2. Hazard Exposure and Social Vulnerability Heat Map

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-21

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

THE HOLLISTER FIRE DEPARTMENT TO APPLY FOR THE CALIFORNIA

GOVERNOR'S OFFICE OF EMERGENCY SERVICES - HAZARD MITIGATION

ASSISTANCE - PREPARE CA MATCH - FEMA HMGP AND PREPARE CA

JUMPSTART FUNDING OPPORTUNITY

WHEREAS, the Hollister Fire Department is requesting approval from City Council to apply for the California Governor's Office of Emergency Services - Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity; and

WHEREAS, Prepare CA is a one-time, state-funded initiative to help socially vulnerable and high hazard risk communities – which are impacted disproportionately by disasters and experience longer and more challenging economic and structural recoveries – advance their progress toward greater resilience through outreach, technical assistance, and funds to subsidize local mitigation and resilience initiatives. Prepare CA funding can be grouped into two new opportunities; and

WHEREAS, eligible applicants must be a local or Tribal government – including cities and federally and non-federally recognized tribes-that are considered a socially vulnerable and high hazard risk community according to the Cal OES Hazard Mitigation Assistance Division’s Vulnerability Map; and

WHEREAS, the City of Hollister’s-West End of the City, is identified as a Hazard Exposure of 1.00 (Earthquake Hazard Percentile), the highest exposure ranking for Hazard Exposure and Social Vulnerability - (Attachment A); and

WHEREAS, the Hollister Fire Department will be applying for both of the identified funding opportunities – Prepare CA Match – FEMA HMGP and Prepare CA Jumpstart. Funding for a broad range of capacity-building & resilience efforts; and

WHEREAS, Financial Impact - 25% of awarded cost – determined with the award package; and

WHEREAS, CEQA will be applicable only should award package request CEQA review.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the Hollister Fire Department to apply for the California Governor's Office of Emergency Services - Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd day of February, 2022, by the following vote:

Ignacio Velazquez, Mayor
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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. 2022-21, 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 22nd 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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PATHWAY FOR

COMMUNITIES INTO

RESILIENCE AND

MITIGATION
PrepareCA JumpStart, PrepareCA Match –
FEMA HMGP, and 2021 FEMA HMGP Funding
Program Overview
The California Governor’s Office of Emergency Services (Cal OES) is pleased to announce an update to the 2021 funding opportunity for FEMA’s Hazard Mitigation Grant Program (HMGP). In addition, Cal OES is announcing a new one-time, state-funded initiative (“Prepare California”) to help socially vulnerable and high hazard risk communities—which are impacted disproportionately by disasters and experience longer and more challenging economic and structural recoveries—jumpstart their progress toward greater resilience through advanced outreach, technical assistance, and funds to subsidize local mitigation and resilience initiatives.

Overall, 2021 FEMA HMGP and Prepare California (PrepareCA) mitigation and resilience funding can be grouped as follows:

JANUARY 18, 2022
Updated notice of all funding
opportunities released
FEBRUARY 15, 2022
PrepareCA Match –FEMA
HMGP and 2021 FEMA HMGP
NOIs due to Cal OES
FEBRUARY 28, 2022
PrepareCA JumpStart
applications due to Cal OES
APRIL 8, 2022
PrepareCA Match –FEMA
HMGP and 2021 FEMA HMGP
subapplications due to Cal
OES
APRIL 2022
Cal OES announces
PrepareCA JumpStart
selections
SUMMER 2022
Cal OES announces
PrepareCA Match-FEMA
HMGP selections
FALL 2022
PrepareCA Match-FEMA
HMGP and 2021 FEMA HMGP
subapplications are submitted
to FEMA
$15 million in state funding dedicated to help jumpstart eligible socially vulnerable and high hazard risk communities in their development and implementation of resilience planning and activities.

1. PrepareCA JumpStart
$255 million in federal funding for eligible FEMA HMGP activities and projects benefiting eligible socially vulnerable and high hazard risk communities.PrepareCA Match –FEMA HMGP will provide $85 million in state funding to cover the required 25% local cost share (non-federal share).

2. PrepareCA Match –FEMA HMGP
~$173 million in federal funding for eligible FEMA HMGP activities and projects to communities state-wide. Communities will be responsible for covering the required 25% local cost share (non- federal share).

3. 2021 FEMA HMGP
Updates to the 2021 Notice of Funding Opportunity
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Eligible applicants must be a
local or Tribal government—
including cities and federally
and non-federally
recognized tribes—that are
considered a socially
vulnerable and high hazard
risk community according to
the Cal OES Hazard
Mitigation Assistance
Division’s Vulnerability Map.

Counties, special
government districts, state
agencies (for PrepareCA
Match –FEMA HMGP only),
and certain private
nonprofits (consistent with 44
CFR §206.221and 206.434)
may also be eligible to
receive funding if
applications /
subapplications can
demonstrate that resilience
and mitigation actions
directly and primarily benefit
a qualified socially
vulnerable and high hazard
risk community or
communities.

WHO IS ELIGIBLE?
Provides technical assistance and state funding to qualified entities to develop local initiatives that directly and primarily benefit eligible socially vulnerable and high hazard risk communities; and create resiliency through capacity building, mitigation, preparedness activities, education, response and recovery planning, and/or future project scoping
PrepareCA JumpStart
Provides local (non-federal share) and federal cost share funding, as well as project scoping / subapplication technical assistance, to qualified entities to develop FEMA HMGP projects and activities that directly and primarily benefit eligible socially vulnerable and high hazard risk communities; and reduce risk to loss of life and property from natural hazards.

PrepareCA Match –FEMA HMGP
Provides federal cost share funding, as well as project scoping / subapplication technical assistance, to communities state-wide to develop FEMA HMGP projects and activities that reduce risk to loss of life and property from natural hazards.
2021 FEMA HMGP

OBJECTIVES

PREPARECA JUMPSTART &
PREPARECA MATCH –FEMA
HMGP
2021 FEMA HMGP
Local governments—
including cities, counties,
special government districts,
state agencies, and Tribal
governments (federally and
non-federally recognized
tribes)—are considered
eligible subapplicants.

Certain private nonprofits
may also be eligible.

HOW TO APPLY
Interested applicants for PrepareCA JumpStart must submit their proposal application to [email protected] with “PrepareCA JumpStart" in the subject line and in the title of the proposal application (e.g., PrepareCA JumpStart, City of Mitigation, Risk Mapping Project). The application can be found on Cal OES’ 404 Hazard Mitigation Grant Program website.

PREPARECA JUMPSTART
Interested subapplicants for PrepareCA Match –FEMA HMGP must submit a notice of interest (NOI) via the Engage Cal OES Portal (and identify PrepareCA Match in the title; e.g., PrepareCA Match: City of Mitigation, Home Hardening Project) prior to submitting a subapplication.

Interested subapplicants for 2021 FEMA HMGP must submit an NOI via the Engage Cal OES Portal prior to submitting a subapplication.

PREPARECA MATCH –FEMA HMGP
2021 FEMA HMGP
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Comparison of Funding Opportunities
HMGP-Compliant:No Yes Yes
Funding Agency:Cal OES Cal OES and FEMA FEMA
Funding Amount:$15M in state funding
$255M in federal
funding (federal share);
$85 million in total state
funding (i.e., non-
federal share)
~$173M in federal
funding (federal share)
Apply As:Applicant Subapplicant Subapplicant
Project Cost to
Applicant /
Subapplicant:

Fully funded by Cal OES
(i.e., no local cost share
for applicant)
25% local cost share
(non-federal share) fully
funded by Cal OES (i.e.,
no local cost share for
subapplicant)
25% local cost share
(non-federal share)
funded by subapplicant
Funding Cap:

Applications may not
receive more than $1
million in state funds
Project costs cannot
exceed the HMGP
ceiling ($255M)
Project costs cannot
exceed the HMGP
ceiling ($173M)
Period of
Performance:60 months 36 months 36 months
Benefit-Cost Analysis:Not required Required Required
Groundbreaking
Activity /
Construction Eligible:

Not eligible Yes, eligible Yes, eligible
Procurement:State and local State, local, and
federal
State, local, and
federal
Award:

Reimbursement based;
advanced funding on
case by case basis
Reimbursement based;
advanced funding on
case by case basis
Reimbursement based
How to Apply:

Email application and
supporting
documentation to:

PrepareCAJumpStart
@caloes.ca.gov
Submit notice of interest
on Engage Cal OES
Portal
Submit notice of interest
on Engage Cal OES
Portal
Questions:PrepareCAJumpStart
@caloes.ca.gov [email protected] [email protected]
PrepareCA
JumpStart
PrepareCA Match
–FEMA HMGP 2021 FEMA HMGP
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Potential Resilience Initiatives / Activities for PrepareCA JumpStart

CAPACITY BUILDING
•Community and/or public private partnership for building mitigation •Recruitment and hiring of a Chief Resilience Officer
•Building Inspectors/code enforcement staff training
•AmeriCorps Programs
•Community resilience education and workshops such as those related to the NIST Community Resilience Program ,City Resilience Index, Resilient Cities Network, or similar resilience-building frameworks

MITIGATION / PREPAREDNESS ACTIVITIES / RESPONSE AND RECOVERY PLANNING •Evacuation planning
•Risk Mapping
•Strengthening building codes (e.g., obtaining a Building Codes Effectiveness Grading rating) •Implementing a Community Emergency Response Team (CERT) program •Community education on mitigation/preparedness (e.g., become a fire-wise community, flood preparedness week, the Great California ShakeOut)
•Establishing a data / fiscal management system to support cost recovery tracking post-disaster

PROJECT SCOPING
•Scoping for resilience-oriented programs, including FEMA Hazard Mitigation Assistance (HMA) programs and other state and/or federally funded programs such as Listos CA, seismic assessments, home hardening, early alert and warning systems, etc.

LOCAL HAZARD MITIGATION PLANS
•Projects that will create or update LHMPs

PROJECTS THAT WILL ACHIEVE MORE EQUITABLE MITIGATION AND INCORPORATE LONG-

LASTING BENEFITS
•Implement a nature-based solution to reduce risk
•Address climate impacts such as sea level rise, drought, extreme heat, more precipitation, and more intense/frequent storms
•Protect high-impact critical infrastructure
•Implement home hardening and/or large-scale community defensible space projects •Establish early alert warning systems (wildfire, seismic, etc.) •Enhance resilience by complimenting previously implemented mitigation actions (previous actions do not need to be funded through Cal OES but should be described in detail) (e.g., community-level defensible space to complement a previous home hardening project) •Address future conditions such as climate change, demographic changes, population changes, and land use changes
•Advance whole community risk reduction, including protecting individuals with access and functional needs
•Include community engagement and buy in and address how the community has participated in the planning, design, and operations of the initiative
Funding Priorities for PrepareCA Match –FEMA HMGP

PARTNERSHIP BUILDING
•Projects that will build sustainable models of public-private partnerships and/or include in-kind or investment funds from private partners
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LOCAL HAZARD MITIGATION PLANS
•Projects that will create or update LHMPs
Funding Priorities for 2021 FEMA HMGP
LARGE PROJECTS (>$10M)
Projects should achieve one or more of the following:
•Protect a disadvantaged community
•Implement a nature-based solution to reduce risk and/or advance climate adaption goals •Advance whole community risk reduction
•Protect high-impact critical infrastructure
•Implement home hardening and/or large-scale community defensible space projects •Establish early alert warning systems
•Enhance resilience by complimenting previously implemented mitigation actions (previous actions do not need to be funded through Cal OES but should be described in detail) SMALL PROJECTS (<$10M)
Projects should achieve one or more of the following:
•Protect a disadvantaged community
•Implement a nature-based solution to reduce risk and/or advance climate adaption goals •Advance whole community risk reduction
•Protect high-impact critical infrastructure
•Implement home hardening and/or large-scale community defensible space projects •Establish early alert warning systems
•Enhance resilience by complimenting previously implemented mitigation actions (previous actions do not need to be funded through Cal OES but should be described in detail)

ALL OTHER ELIGIBLE PROJECTS
•Other activities to reduce risk to loss of life and property from natural hazards, including planning- related, 5% initiative, and project scoping (Advance Assistance) activities F.4.a
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: January 26, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330

TITLE OF ITEM: RESOLUTION NO. 2022-22, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER ADDING VETERAN PREFERENCE IN

POLICE OFFICER HIRING PROCESS

BRIEF DESCRIPTION: This resolution would update current hiring process to add preference in the police officer hiring process for honorably discharged United States Military Veterans.

RECOMMENDATION: Staff recommends the City Council adopt this resolution authorizing the adding of Veterans’ Preference to the Police Officer Hiring Process.

DEPARTMENT SUMMARY: (From the US Office of Personnel Management) Since the time of the Civil War, veterans of the Armed Forces have been given some degree of preference in appointments to Federal jobs. Recognizing their sacrifice, Congress enacted laws to prevent veterans seeking Federal employment from being penalized for their time in military service. Veterans' preference recognizes the economic loss suffered by citizens who have served their country in uniform, restores veterans to a favorable competitive position for Government employment, and acknowledges the larger obligation owed to disabled veterans.

Veterans' preference in its present form comes from the Veterans' Preference Act of 1944, as amended, and is now codified in various provisions of title 5, United States Code. By law, veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over others in hiring from competitive lists of eligible candidates.

To receive preference, a veteran must have been discharged or released from active duty in the Armed Forces under honorable conditions (i.e., with an honorable or general discharge). As defined in 5 U.S.C. 2101(2), "Armed Forces" means the Army, Navy, Air Force, Marine Corps and Coast Guard.

For non-disabled veterans, active duty for training by National Guard or Reserve soldiers does not qualify as "active duty" for preference.

For disabled veterans, active duty includes training service in the Reserves or National Guard, per the Merit Systems Protection Board decision in Hesse v. Department of the Army, 104 M.S.P.R.647(2007).

The Veterans’ Preference Act of 1944 pertains to only certain federal jobs and the City of Hollister currently does not have any established preference for veterans applying for Police Officer Recruit positions.

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In general, armed forces veterans have the attributes to be excellent police officers for several reasons. A recent Police1 article, “4 Reasons Why Military Veterans Make Great Cops” by Sgt. Glenn French Ret., reinforced what we have known and have experienced for a long time.

Military veterans in general are good team players. Military personnel are trained to depend on each other for survival. Their team player attributes are often proven in the battleground or in their assignments or duties while in the force. Likewise, working as a part of a patrol team, other members of the city or citizens is a crucial part of a successful police officer.

Military Veterans are taught to be good communicators. They have to speak clearly and efficiently in moments of high stress as well as non-stress situations. They must be confident in their communication and often people’s lives are at stake if the communication doesn’t happen or the wrong message is exchanged. Communication is another crucial part of affective police work. Every part of our encounters with our residents, regardless of their status as a witness, victim of suspect, relies on quick, effective, and clear communication.

Service members typically enter military service at a young age. They emerge with a vast amount of experience and accomplishments that leads to their maturity and experience. It is very rare for a police officer to be hired at the age of 21. Most often the reason for that is the lack of life experience or maturity. Military veterans receive extensive trainings and ever increasing responsibility as well as continual development of their leadership skills.

Their maturity level often surpasses other candidates of similar age without the military experience. Maturity level is a big part of police work. A veteran police officer who has years of experience is less likely to make a mistake that a newer officer, with less experience, may make. A younger officer with military experience and increased maturity level may reduce the likelihood of those inexperience mistakes.

Regardless if a veteran has combat experience or not, they are exposed to stress in boot camp and in other situations. They are exposed to stress at a level that those that haven’t served can only imagine. They learn how to deal with stress and train to make good decisions under stressful situations. There is no doubt police work involves high stress work and having a military veteran who has been trained to deal with stress effectively is a desirable trait in a police candidate.

In general military veterans may have a higher capability to be good police officers for their ability to be a team player, communicate well, possess maturity, and perform well under stress.

The Hollister Police Department would like to add two preferences to those qualifying Veterans. Those that can provide government documents indicating honorable discharge status from the listed armed forces will qualify for the higher amount of the existing hiring bonus, equal to the Lateral Officer. Those that are successful in passing the physical agility and the Peace Officer Standards and Training (POST) written examination will bypass the initial oral panel interview and go directly into the second administrative oral panel.

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These two preferences do not guarantee a positon with the Hollister Police Department nor does it reduce the qualifications. However, staff hopes these two preferences would encourage veterans to seek out more information about our department and lead to more applications from qualified candidates.

Staff recommends the City Council adopt this resolution authorizing the adding of Veterans’ Preference to the Police Officer Hiring Process.

FINANCIAL IMPACT: $0 increase to existing budget. Existing bonuses are already part of the prior and current budget.

CEQA: NA

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADDING

VETERAN PREFERENCE IN POLICE OFFICER HIRING PROCESS

WHEREAS, Veteran’s preference in the hiring process for certain federal jobs have been in place for decades and specifically codified under the Veteran’s Preference Act of 1944; and

WHEREAS, honorably discharged veterans from the Armed Forces of the United States in general possess certain traits that are beneficial to succeed as a police officer; and

WHEREAS, some of those traits developed in military experience include good teamwork, good communicators, maturity and work well under stressful situations ; and

WHEREAS, the police department values those honorably discharged armed forces veterans and want to encourage them to become police officer candidates with our department; and

WHEREAS, the police department would like to add veteran’s preferences to the hiring process by, upon successful completion of the written and physical agility examination, bypassing the first round of oral interviews and go directly to the administrative oral panel for consideration and upon successfully being hired, providing the same existing hiring bonus as a lateral officer.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the adding of Veterans’ Preference to the Police Officer Hiring Process.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd 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. 2022-22, 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 22nd 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 22, 2022
SUBMITTED: February 13, 2022 AGENDA ITEM:

DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Brett Miller, City Manager

TITLE OF ITEM: RESOLUTION NO. 2022-23, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER ADOPTING THE JOB DESCRIPTION FOR

THE POSITION OF ASSISTANT CITY MANAGER

BRIEF DESCRIPTION: This item would approve a job description for the Assistant City Manager position.

RECOMMENDATION: Staff recommends City Council ADOPT a Resolution approving the job description for the position of Assistant City Manager.

DEPARTMENT SUMMARY: The Assistant City Manager position requires a job description.

The job description includes the necessary information for the Assistant City Manager position. This information includes: the position definition, supervision exercised, examples of important and essential duties, job related and essential qualifications, experience and training guidelines, and special requirements. Staff requests approval of the job description for the Assistant City Manager position.

The job description will provide a clear understanding of the Assistant City Manager position and requirements. Staff recommends t he City Council approves the job description. Staff has prepared the necessary Resolution for City Council approval consideration.

FINANCIAL IMPACT: Approximately $85,000 for fiscal year 2021/2022 and $260,000 for future fiscal years. The position will be allocated to different funds depending on work performed within those funds.

CEQA: N/A

ATTACHMENTS:

1. Hollister Assistant City Manager Job Description

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING

THE JOB DESCRIPTION FOR THE POSITION OF ASSISTANT CITY MANAGER

WHEREAS, a job description is needed for the Assistant City Manager position; and

WHEREAS, the job description includes the necessary information about the Assistant City Manager position and will provide a clear understanding of the position and the requirements; and

WHEREAS, staff requests approval of the job description for the of the Assistant City Manager position.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the job description for the Assistant City Manager position.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd 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. 2022-23, 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 22nd 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

ASSISTANT CITY MANAGER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class.

Specifications are not intended to reflect all duties performed within the job.

SUMMARY DESCRIPTION
Under general administrative direction, provides assistance and support to the City Manager including analyzing and implementing policies and procedures, assisting in the preparation of the budget , and responding to and resolving publi c inquiries and complaints; oversees intergovernmental relations in the areas of service delivery and legislative issues; c oordinates the release of media and public information; and provides responsible staff assistance to the City Manager, City Council, and department heads.

REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to addre ss business needs and changing business practices.

1. Provide assistance and support to the City Manager; analyze and implement policies and p rocedures; assist in the preparation of the budget; respond to and resolve public inquiries and complaints.

2. Perform a s the City’s Public Information Officer (PIO) and will Coordinate the release of media and public information; maintain contact with various media relations; update media on City or community issues.

3. Develop programs and activities to attract and retain bu sinesses for the City; negotiate and develop business agreements; assist new businesses with development process; provide information on City policies and procedures.

4. Supervise and perform evaluations , along with the City Manager, the work of lower level s upport staff; act as City Manager in City Manager's absence.

5. Review and analyze legislation for impact on the City; work with legislators to develop or influence legislation; recommend revisions to proposed legislation.

6. Oversees and participates in the development and administration of the budget for assigned functional areas; approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implement budgetary adjustments as appropriate and necessary.

7. Participates in the preparation, coordination, and presentation of the City’s annual budget, capital improvement budget, and internal fiscal control measures; participates in the development and presentation of financial forecasts and historical information including reviewing expenditures and revenues.

8. Oversee labor relation activities; confer with union representative on labor issues; participate in decisions affecting personnel policies; advise departments on matters rela ted to collective bargaining.

9. Serve as project manager for a variety of special projects; facilitate project activities and resolve problems; develop and submit project reports to the City Manager.

10. Serve as staff and liaison for a variety of boards and com missions; provide responsible staff support to the City Manager.

11. Represent the City's interests and positions before legislative and rule -making authorities at all levels of government; recommend policies and procedures.

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CITY OF HOLLISTER
Assistant City Manager (Continued)

12. Maintain communication with other jurisdiction officials to coordinate regional issues and represent the City; serve as liaison with department heads, City Council, City Manager , and other external agencies.

13. Establishes, within City policy, appropriate service and staffing levels for assigned functions; monitors and evaluate the efficiency and effectiveness of service delivery methods and procedures; allocates resources accordingly.

14. Assesses and monitors workload, administrative and support systems, and internal reporting relationships for assigned areas of responsibility; identifies opportunities for improvement; direct and implement changes.

15. Performs Department Head training; p lans, directs, and coordinates, through management level staff, the work plan for assigned functions; assigns projects and programmatic areas of responsibility; provides direction and supervision on key projects; reviews and evaluates work methods and procedu res; meets with key staff to identify and resolve problems.

16. Participates in the development of City goals, objectives, policies, and priorities; participates in program implementation; incorporates community input into goals and objectives for the City for the City Manager’s and City Council’s approval; develops new policies in consultation with the City Manager; confers with Department Directors and employees regarding significant policy and procedural changes .

17. Performs or assists other departments with Grant Writing.

18. Perform related duties as required.

QUALIFICATIONS
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:

Operations, services and activities of a municipality.

Advanced principles and practices of public administration and Local government administration.

Principles and practices of municipal budget preparation.

Principles and practices of labor relations and negotiation.

Principles and practices of program development and administration.

Government, Council, and Local and State legislative processes.

Office procedures, methods, and equipment including computers and applicable software applications.

Business letter writing and report preparation techniques.

Principles of effective public relations and interrelationships with community groups and agencies, the private sector, and other levels of government.

Principles of supervision, training, and performance evaluation.

Methods and techniques for goal setting and program evaluation.

Rules and regulations governing public meetings.

Pertinent federal, state, and local laws, codes, and ordinances.

Federal and State Grant writing.

Principles and practices of the Public Information Officer.

Ability to:

Interpret and apply City policies, procedures, laws, and regulations relating to assigned activities.

Provide effective leadership and coordinate the activities of municipal organization.

Independently perform the most difficult administrative support services.

Provide responsible assistance to the City Manager.

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CITY OF HOLLISTER
Assistant City Manager (Continued)

Select, supervise, train, and evaluate staff.

Analyze problems, identify alt ernative solutions, project consequences of proposed actions , and implement recommendations in support of goals.

Exercise sound, independent judgment within general policy guidelines.

Research, analyze, and evaluate assigned service delivery methods and techniques.

Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibility.

Negotiate and resolve sensitive labor relation issues.

Attract and retain new businesses for the City.

Research, analyze, and evaluate new service delivery methods and techniques.

Interpret and apply federal, state, and local policies, laws and regulations.

Operate office equipment including computers and supporting software applications.

Prepare clear and concise administrative and financial reports.

Prepare and administer large and complex budgets.

Deal constructively with conflict and develop consensus.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education/Training:

Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, business administration, or a related field. A Master’s degree is desirable.

Experience:

Five years of progressively responsible administrative and analytical experience in a public sector setting.

License or Certificate:

Possession of, or ability to obtain, an appropriate, valid driver's license.

PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Standard office setting.

Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations using various modes of private and commercial transportation; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction; vision sufficient to read computer screens and printed documents.

Hearing: Hear in the normal audio range with or without correction.

Created: February 2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: FEBRUARY 22, 2022
SUBMITTED: February 16, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

TITLE OF ITEM: UPDATE ON PUBLIC RECORDS ACT REQUESTS AND

AUTHORIZE STAFF TO DISCUSS A POSSIBLE MOU WITH SAN BENITO COUNTY

TO SHARE COSTS FOR A PARALEGAL

BRIEF DESCRIPTION: Receive an update on recent public records requests and authorize staff to discuss a possible MOU with the County of San Benito to assist with public records requests in which the County would share costs of a paralegal position.

We may be able to use American Rescue Plan Act funds, pending current obligation of funds.

RECOMMENDATION: Authorize staff to discuss a possible MOU with the County of San Benito to share the cost of a paralegal position, and if authorized amend the schedule of authorized positions to reflect the new position.

DEPARTMENT SUMMARY: Throughout the state agencies are reporting that public record act requests have increased in recent years. The City of Hollister City Council authorized the purchase of Next Request, which the City Clerk’s office is hoping to roll out in March. This software program will track the number of requests we receive, which departments are most effected, time spent on the requests and help with legal review and redaction. Some requests may be made public for faster access to the requestor, if the request has already been made.

San Benito County has expressed a desire to discuss a possible MOU with the City of Hollister to share in the costs of a Paralegal position.

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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