Hollister City Council
June 20, 2023

17.22.235 Mobile food.

A. Definitions. For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Mobile food catering cart shall mean a self-contained, non-motorized mobile food unit that is used for either the preparation, storage, or transportation of food products for sale, or any combination thereof.

Mobile food catering vehicle shall mean a self-contained, motorized mobile food service unit that is used for either the preparation, storage or transportation of food products, or any combination thereof.

Mobile food unit shall mean any mobile food facility or portable food service unit for which food is prepared for service, sale, or distribution at retail for profit.

Mobile food vending facility shall mean any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail for profit.

Mobile food vendor shall mean any person selling food from a mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit.

B. Permit Requirement. Mobile food uses shall be permitted in the North Gateway (NG) Zoning District, Light Industrial (M1) Zoning District, Industrial Business Park (IBP) Zoning District, Airport (A) Zoning District, and Airport Support (AS) Zoning District, subject to the provisions of this chapter with an Administrative Permit (AP) pursuant to Section 17.24.150 of the Hollister Municipal Code. An Administrative Permit (AP) shall be required for mobile food vendors operating over ten minutes at any one place to ensure that the mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit is in compliance with the following standards:

1. The area proposed for the use, shall be developed to current City development standards including, but not limited to, adequate paved parking, paved access routes, fencing, and landscaping standards.

2. A minimum of three standard on-site parking spaces and one designated Americans with Disabilities Act (ADA) parking space in conformance with City standards and ADA requirements shall be required in conjunction with the location of a business governed by this chapter on private property.

3. Adequate setbacks shall be provided as required by the zoning district where the mobile food vendor proposes to locate.

4. No person may conduct business as a mobile food vendor and no person may park or operate or sell, display or permit or authorize the sale, display or dispersal of any food, beverage or other product or item of merchandise within 20 feet of any driveway.

5. The mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall be kept in a good state of repair and shall be maintained with surfaces, which are clean and not cracked, peeling, or faded. The surfaces, which do not contain advertising display, shall be painted or otherwise covered in muted colors. Each mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall display in a manner legible and visible to its clientele:
a. The name, physical address and phone number of the vendor operating the vending facility. b. The City business license issued to the vending facility. c. The County health permit issued to the vending facility.

6. The exterior of a mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit, and the surrounding area, as relating to the operation of food service, shall be maintained in a sanitary condition.

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7. All trash or debris accumulating by reason of any mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall be collected by the vendor and deposited in a trash container. Trash and recycling receptacles shall be provided on the site for the use of customers. Trash removal and recycling shall either be arranged with the City or the mobile food vendor shall obtain written permission from the property owner to utilize trash and recycling receptacle(s) related to any other business on the same site.

8. The hours of operation of a mobile food vending facility shall be limited to the hours of operation of the fixed-base business on the fixed-base host site if applicable.

9. When not in use, the mobile vendor shall provide proper storage for the mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit and specify storage location at time of permit to operate application.

10. The pouring of grease, food waste, wash water, wastewater, or anything else down a storm drain is prohibited. Any spills must be cleaned up and disposed of immediately. A spill kit containing plastic bags, labels, a broom, and absorbent must be handy at all times. All spills must be reported to the city of Hollister Code Enforcement Department to ensure that the spills are properly cleaned.

11. All wash water used for cleaning must be held on board until it can be properly discharged at an approved facility sanitary sewer connection (e.g., sink, clean-out, mop sink).

12. No owner or operator of any mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit may place any chairs, stools, tables or other fixtures or furniture on any portion of the street, sidewalk or public right-of-way.

13. Open flame cooking is prohibited. The generation of smoke/odor pursuant to Section 8.32.060 "Nuisances" of the Hollister Municipal Code is prohibited.

14. Amplified music or other sounds in conjunction with a business governed by this chapter shall comply with the noise requirements in Title 8 of the Hollister Municipal Code.

C. Application Submittal. The mobile food vendor shall meet and comply with all applicable laws including, but not limited to, building, zoning, housing, fire, safety, and health regulations relating to health and safety requirements.

1. The mobile food vendor shall complete and submit a project application, in sufficient quantity for City department review, to include a site plan indicating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the location or areas where the proposed vending activity, structures, and improvements related to the mobile food vending, will be located upon the site.

2. Proof of current, valid City business license.

3. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

4. Elevation plans showing different exterior views of the mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit (four photographs can substitute the elevation plans).

5. A copy of a current San Benito County environmental health permit.

6. Proof demonstrating acknowledgement and consent of the property owner to permit the mobile food vendor to operate on the site, signed by the property owner.

7. An affidavit from the business or location providing the required restroom facilities for food service workers and customers, stating the hours that those facilities are being made available. At all times during their operation, and prior to the issuance of any permit under this article, access to hand A.5.a
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washing and restroom facilities must be made available for use by all owners, operators and employees of the mobile food unit. Access to the hand washing and restroom facilities must be at all times within 200 feet of the mobile food unit and evidence of such access must be sufficiently demonstrated to the satisfaction of the City.

8. A description of the length of time during which it is proposed that the mobile food vending business shall be conducted.

9. A brief description of the nature, character, and quantity of the food, beverage, goods or merchandise to be sold.

10. If employed by another, the name and business address of the employing person, firm, association, organization, company or corporation.

11. Any other information the Director may require to show full compliance with this chapter and any other applicable laws of the City.

12. All signs used in conjunction with any mobile food vending facility shall comply with city codes.

D. The following may constitute grounds for denial of a permit to operate:

1. The mobile food vending operations or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

2. Failure to obtain clearance from San Benito County Environmental Health Department.

E. Permit Revocation. Any license issued under this chapter may be suspended or revoked for any of the following reasons:

1. Fraud or misrepresentation of the application for the license.

2. Conducting the business of vending, contrary to the conditions of the license.

3. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

4. Vending of alcoholic beverages, controlled substances or any other item, the possession or use of which is deemed illegal under any federal, state or local law or regulation, is prohibited and, notwithstanding any provision of this article to the contrary, grounds for immediate revocation of such person's vendor permit by the City.

5. On suspension or revocation, the City shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

6. The Director shall reserve the right to revoke any permit authorized by this section if the Director determines that the mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit is in violation of any of the provisions of this section. The mobile food vendor shall have the right to appeal the Director's decision in accordance with the provisions of Section 17.24.170 (Revocation of Administrative Permits). (Ord. 1100, § 1, 2014)

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SUBJECT: Zoning Ordinance Amendment 2023-5 to 1) Repeal section 17.22.235, Mobile Food and amend Chapter 10.24, Stopping, Standing, and Parking in Specific Streets and Area to add subsection 10.24.060 Mobile Food Trucks, 2) Amend Land Use Tables for multiple zonings to include Mobile Food Trucks, and 3) Amend Chapter 8.20.020 Definitions to include definitions associated with Mobile Food Trucks of the City of Hollister Municipal Code.

STAFF PLANNER: Magda Gonzalez, Senior Planner; (925) 789-7160

ATTACHMENTS: 1. Resolution recommending City Council approve Zoning Ordinance Amendment 2023-5 to repeal Chapter 17.22.235, Mobile Food and amend Chapter 10.24 Stopping, Standing, and Parking in Specific Streets and Area and add subsection 10.24.060 Mobile Food Trucks; amend multiple land use zonings tables to include Mobile Food Trucks as a use; and amend Chapter 8.20.020 Definitions to include terminology associated with Mobile Food Trucks.

2. Exhibit A: Existing Section 17.22.235 (Mobile Food)

3. Exhibit B: Proposed Ordinance (New 10.24.060 Mobile Food Trucks)

3. Exhibit C: Amendment to Definitions and Land Use Tables (Amending

8.20.020 Definitions)

RECOMMENDATION: Approve Resolution 1) Repealing section 17.22.235, Mobile Food and Amending Chapter 10.24 Stopping, Standing, and Parking in Specific Streets and Area to add subsection 10.24.060 Mobile Food Trucks, 2) Amending multiple land use tables to include Mobile Food Trucks, and 3) Amending Chapter 8.20.020 Definitions to include terminology related to Mobile Food Trucks.

PROJECT DESCRIPTION:

The City of Hollister proposes to repeal Section 17.22.235, Mobile Food, which is limiting in the uses allowed and is amending Chapter 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks. The current Mobile Food section has proven to be outdated in its limited zonings where mobile food is permitted. The City has experienced an influx of mobile food vendors wishing to operate within the City’s jurisdiction, thus contribute to the local

Planning Commission
Staff Report
April 27, 2023
Item 4
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economy. In an effort to effectively and efficiently regulate mobile food vending the City has drafted the Mobile Food Truck ordinance which will regulate these mobile food vending vehicles with specific requirements to protect the safety, health, and welfare of the community.

City of Hollister vicinity map is included below as Figure A.

BACKGROUND:

The City of Hollister has seen an influx of mobile food trucks wishing to operate within City limits. The City of Hollister has found, that although the current zoning ordinance allows mobile food vendors to operate within its jurisdiction, it does severely limit where mobile food vendors can operate.

As a result, staff has requested input from other divisions to help develop the City’s mobile food truck ordinance. Additionally, staff has reviewed a number of food truck ordinances from cities and towns across the State of California, and studied the food truck issue as it is being handled in those jurisdictions.

Staff has drafted an ordinance based on several provisions adopted by other cities and towns. With appropriate regulation, Mobile Food Trucks Vendors can provide additional food choices for Hollister residents and visitors.

ANALYSIS:

The City has determined that the current Mobile Food regulations no longer meet the needs of the City’s residents, as such the City has deemed the regulation of Mobile Food Trucks is necessary in order to protect the health, safety, and welfare of the public, as well as to promote the public interest by regulating the areas and methods of operation. To meet these ends, the City determined that all persons and/or entities that desire to vend from mobile food trucks within the City must be issued a permit pursuant to A.5.b
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the requirements set forth by the City.

The new ordinance will provide opportunities for employment and entrepreneurship. Mobile food vendors can make a significant contribution to the local economy. Consumers desire foods produced by mobile food vendors and want the flexibility to grab a quick bite on the way to or from work, as well as having various food options, especially when local restaurants close at early hours of the day.

Providing regulations will ensure public safety, health and will protect public welfare. Regulated mobile food vending contributes to a safe and dynamic public space. Aside from updated regulations, the Mobile Food Truck ordinance will provide additional zoning districts and will no longer be limited to a small number of zonings.

As prescribed in the City of Hollister Municipal Code Chapter 2.20.060 the Planning Commission has the authority to repeal Chapter 17.22.235 Mobile Food, a zoning issue. The Planning Commission repealing the Chapter 17.22.235 will allow the City to amend Chapter 10.24 to include Mobile Food Trucks to be regulated in a more appropriate chapter of the development code. City Council will review permit requirements, regulations and limitations on operations of the proposed ordinance. The fee associated with this application will be determined under the City’s current fee study.

FINDINGS:

Pursuant to Chapter 17.02.120(D) Approval Criteria Zoning Map and Code Text Amendment, the following findings must be made by the Planning Commission in its recommendation to the City Council to approve Municipal Code Amendments.

1. Findings required for all Zoning Map/ordinance amendments:
a. The proposed amendment is consistent with the General Plan; and The proposed ordinance amending the Municipal Code is consistent with other applicable provisions of the Municipal Code. The proposed ordinance identifies the Zoning Districts for the allowed use and regulates the establishment and operation of mobile food vending on the public right-of-way and developed private property.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

The proposed ordinance is designed specifically to enhance the public interest, health, safety, convenience and welfare of the City to effectively regulate and mitigate the operations of mobile food vending.
c. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the General Plan and any adopted area or specific plan.

The proposed ordinance amending the Municipal Code is consistent with the General Plan because it supports land use goals and policies designed to require compatibility with existing uses and planned uses. Specifically, the proposed amendment includes regulations for mobile food operations within the public right-of-way and developed private property. The proposed amendment is also consistent with policies designed to reinforce community identity and will allow the City to properly regulate the establishment and operation of mobile food activities as delineated in proposed Chapter

10.24.060 Mobile Food Trucks of the Municipal Code.

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ENVIRONMENTAL DETERMINATION:

The Municipal Code amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it can be determined with certainty that the Municipal Code Amendment will not have a significant effect on the environment.

CONCLUSION:

The proposed repeal of section 17.22.235 Mobile Food and amendment to add subsection 10.24.060 Mobile Food Trucks will better serve the City in properly addressing the community’s needs as it relates to mobile food vending. It provides a roadmap for vendors and City agencies when navigating requests for this use, commonly seen throughout the state. Approval of this Zoning Amendment will further the goals of the General Plan and is consistent with community needs.

RECOMMENDATION:

That the Planning Commission recommend that the City Council take the following actions.

1. Adopt a resolution recommending that the City Council approve an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use), with findings contained in the draft resolution.

2. Adopt a resolution recommending that the City Council approve an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use), with findings or changes as proposed by the Planning Commission.

3. Adopt a resolution recommending that the City Council deny an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use) with findings as proposed by the Planning Commission.

4. Continue and get clarification.

Staff recommends option 1, recommendation for City Council approval of the ordinance with findings.

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Proposed Addition to Land Use Tables

Land Use Zoning Short-Term
Operations within
R-O-W
Long-Term Operations
within R-O-W
Developed Private
Property Operations
Residential Zoning
Districts
APR
Home Office Zoning APR
Commercial Zoning APR APR APR
Industrial/Manufacturing
Zones

APR APR
Mixed Use Zoning District APR APR APR
West Gateway Zoning
District

North Gateway District APR
Downtown Mixed-Use
District

APR = Administrative Permit Review. Reviewed by Development Review Committee for compliance with standards for use and decision to approve or deny by Development Services Department without a public hearing.

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PLANNING COMMISSION RESOLUTION NO. 2023-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING

CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL SECTION

17.22.235, MOBILE FOOD AND AMEND CHAPTER 10.24, STOPPING, STANDING, AND PARKING IN SPECIFIC STREETS AND AREA, TO ADD 10.24.060, MOBILE FOOD TRUCKS (ZOA 2023-5)

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and

WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code 65852.2 and 65852.22; and

WHEREAS, the City desires to repeal the existing Section 17.22.235, Mobile Food, which is outdated in regard to community needs and add a subsection 10.24.060 Mobile Food Trucks to Chapter 10.24, Stopping, Standing, and Parking in Specific Streets and Area; and

WHEREAS, the Planning Commission held a duly noticed public hearing on April 27, 2023 to review the repeal of Chapter 17.22.235, the modification of land use tables and addition of terminology to Chapter 8.20.020, Definitions, during which all interested parties were heard; and

WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending approval of a Zoning Ordinance Amendment to repeal 17.22.235, Mobile Food, and add Chapter 10.24.060, Mobile Food Trucks; and

WHEREAS, the draft Chapter 10.24.060, Mobile Food Trucks, is included as Exhibit A to this Resolution; and

WHEREAS, the draft terminology additions to Chapter 8.20.020, Definitions, is included as Exhibit B to this Resolution; and

WHEREAS, the proposed Zoning Ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of Regulations, Section 15060, subdivision (c)(2) (the activity will not result in a reasonably foreseeable direct or indirect physical change in the environment) and Section 15061, subdivision(b)(3) (there is no possibility the activity in question may have a significant effect on the environment); and

NOW THEREFORE IT IS RESOLVED, that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the amendment to the Zoning Ordinance to repeal Section 17.22.235, Mobile Food and include Chapter 10.24.060, Mobile Food Trucks, included as Exhibit A.

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PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 27th day of April 2023, by the following vote:

AYES: Huboi, Henderson, Corona, Lenoir
NOES: None
ABSTAINED: None
ABSENT: Belong

Chairperson of the Planning Commission
of the City of Hollister
ATTEST:

Christine Hopper, Secretary

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Exhibit A

10.24.060 – Regulation of Mobile Food Trucks.

A. Purpose and Findings:

The purpose of this chapter is to protect the health, safety, and welfare of the Hollister community by providing a set of regulations related to the operation of mobile food truck vendors, on public or developed private property within the City. Unless specifically exempted by this chapter, mobile food trucks shall only be allowed within the City Hollister in conjunction with an approved mobile food truck permit pursuant to the requirements set herein.

This chapter is not intended to enforce and/or regulate pedestrian food vendors, those mobile food vendors who operate human powered push carts, and/or other non-self-propelled vehicles including trailers. Such vendors may be regulated by other chapters in this Code and/or by other State or local laws.

A Mobile Food Truck special event requires a temporary use permit not regulated by this chapter.

Findings:

A. Mobile Food Trucks have the potential to foster an active, vibrant, and social pedestrian environment in areas and communities throughout the City. Although Mobile Food Trucks can be focal point to the community, they can also create certain dangers to public health, safety, and welfare if not adequately regulated.

B. A Mobile Food Truck vendor is less attentive to pedestrian and vehicular traffic while driving and looking for potential customers which presents obvious traffic and safety risks. A vendor parking their vehicle improperly creating an obstruction can also increase the safety risks to pedestrians and other vehicles. The City of Hollister seeks to prevent this unneeded safety risk of the community.

C. If Mobile Food Trucks park in highly congested areas to do business then this action might increase, and make worse, existing traffic issues as well as obstruct sidewalks and pedestrian path of travel. As such, this could create increased safety issues for pedestrians for those using the public sidewalk, as well as a safety risk to pedestrians attempting to buy from the vendor.

This safety risk seems to increase around schools while children, and their parents, are coming and going from the site.

D. The City of Hollister has an important, as well as a substantial, public interest to provide the community regulations in an effort to prevent safety, traffic, and health hazards, while also trying to preserve the peace, security, and welfare of the community.

B. Definitions:

1. Beverage. A liquid for drinking that does not contain alcohol.

2. Block. A segment of a street between adjacent intersections or between an intersection and the terminus of the street or City boundary.

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3. Food or foodstuff. Any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in while or in part for human consumption, and chewing gum.

4. Mobile Food Trucks (MFT):
a. Means any motorized vehicle designed primarily for dispensing food provisions. For purposes herein, the terms “mobile food truck” and “food truck” shall include any trailer designed primarily for dispensing food provisions but only if attached to a motor vehicle at all times during which the food provisions are dispensed. “Food truck” shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing any type of food provisions. b. Means any vehicle or trailer as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged food or foodstuffs of any kind.

Food vending vehicle as used in this title does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence. c. Means a licensed and operable motor vehicle used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place as authorized by Health and Human Services —San Benito County. d. Means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

5. Mobile Food Truck Vendor. A mobile food truck vendor is involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways.

6. Notarized Parking Authorization. A notarized and typed or handwritten (legible) document signed by mobile food vendor and developed private property owner or legal representative indicating the vendor may utilize parking spaces within the development.

7. Operate. To “operate” or “operation” shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual hours where the mobile food truck is open for business.

8. Private Property. A legal designation for the ownership of property by non-governmental legal entities.

9. Right-of-way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

C. Applicability:

Application for Mobile Food Truck permit shall be filed with the Planning Division on a form prescribed by the Development Services Director (Director) and shall contain such information and reports as may be A.5.c
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required by the application submittal package or by other applicable ordinances or by the Director or designee in order to review and take action on the application. A Mobile Food Truck vendor may apply for one or more of the allowed permits: short-term operations within public right-of-way, long-term operations within public right-of-way, or developed private property operations.

The Community Services Director and/or the City Engineer may from time to time create no parking zones, adjust parking space sizes, and impose parking time limits upon vending vehicles in areas that the Director deems necessary for the safe passage of pedestrians and vehicles.

D. Rules and Regulations by permit type:

1. Short-term Operations within the Public Right-of-Way:
a. Permitted Zonings: Residential Zoning Districts, Home Office Zoning District, Mixed-use Zoning Districts, and Commercial Zoning Districts. The following restrictions apply to operations in Residential Zoning Districts.
i. Mobile Food Truck shall not park in front of a residence. ii. Mobile Food Truck shall maintain 50 feet from a single-family residence, measuring from property line to mobile food truck.
b. Prohibited areas:
i. 4TH Street between Westside Boulevard and Monterey Street. ii. South Street
c. Hours of Operation: Up to one (1) hour at one (1) location. Four (4) hours must pass to be allowed to return to a previous location. When moving from one location to another, vending must occur at another location at least one (1) block away. i. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.
ii. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

2. Long-Term Operations within the Public Right-of-Way:
a. Permitted Zonings: North Gateway Commercial Zoning District, Mixed-use Zoning District, and Industrial/Manufacturing Zones.
b. Mobile Food trucks may operate within the parking lot of a public park when the following requirements are met.
i. The location allows safe vehicle queueing within the public right-of-way. ii. Approval has been obtained to locate mobile food truck inside the park. c. Prohibited areas:
i. 4TH Street between Westside Boulevard and Monterey Street. ii. South Street
d. Hours of Operation: For one (1) hour or longer. For a maximum of four (4) hours. i. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.

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ii. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

3. Developed Private Property Operations:
a. Permitted Zonings: Industrial/Manufacturing Zones, Mixed-use Zoning Districts, and/or Commercial Zoning Districts, on a legally developed site with an established use and parking.
b. Prohibited Areas: Residential Zoning Districts
c. Hours of Operation: May operate only from the developed private property location approved in the permit.
i. All other zonings, excluding residential: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.; or
ii. Mobile food vendors hours of operation may run concurrently with those of the established business on which the mobile food truck will be located.; or iii. Mobile food vendors may propose an alternative hours of operation schedule in which the vendor and developed private property owner or legal representative have agreed upon, not to exceed the hours of 6:00 a.m. to 12:00 a.m.

E. Mobile Food Truck Permit Requirements, Licenses, and Process:

1. Process:
a. Upon receipt of a completed Mobile Food Truck Permit application, mobile food truck site plan, and all related documents and fees, the department shall consult with all applicable city departments, including police, fire, engineering, and code enforcement. b. Planning Division staff will review the application submittal to determine completeness. i. If application submittal is deemed complete it will be reviewed for approval or denial. ii. If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.

2. Requirements by application type:
a. Short-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information. 1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 3) Business Tax Certificate and License from the City, and 4) Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
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5) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and
6) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.
b. Long-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed truck. The applicant must show or provide, at a minimum, the following information:
1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Authorization for use of Restroom Facilities, and
3) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 4) Business Tax Certificate and License from the City, and 5) Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
6) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and
7) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.
c. Developed Private Property Operations: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:
1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Authorization for use of Restroom Facilities Form, and 3) Notarized Parking Authorization Form, and
4) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 5) Business Tax Certificate and License from the City, and 6) Environmental Health Permit issued by the San Benito County Health and Human Services Department.

F. Mobile Food Truck Permit Operational Standards:

No person or entity shall operate or be allowed to operate or contract to operate, a food truck vehicle at any location within the City of Hollister without an approved mobile food truck vehicle permit and/or other entitlement as required by the City Hollister. Mobile food truck vendor to comply with all requirements and regulations set forth within this chapter, including any State, and County rules A.5.c
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and regulations. The failure to do so may result in the revocation or suspension of the food truck vendor permit.

The following exceptions apply:
a. All food truck vendors shall be required to obtain a separate permit, i.e. a temporary use permit, for any Food Truck Special Events.
b. Any City of Hollister-sponsored event where the vendor of each food truck are operating pursuant to a valid contract with the City; or
c. Any event sponsored by the Public School District and held entirely on school property.

1) Mobile food vending shall only be allowed on legally established parallel parking. Vending from diagonal parking spaces is prohibited.
2) Sales from Mobile Food Trucks parked along streets shall only occur out of the portion of the Mobile Food Truck that faces the sidewalk, or that portion opposite moving traffic. 3) Mobile food trucks shall be removed at the end of business and/or when not in operation, this includes mobile food trucks permitted to operate on developed private property. No food truck shall be left unattended overnight or parked overnight in any public right-of-way. 4) All food preparation, cooking, and storage shall occur inside the permitted vehicle and/or at an approved commissary off site. No food shall be prepared, sold, or displayed outside of the food truck vehicle.
5) Mobile food trucks shall display in a conspicuous place a valid permit to operate a Mobile Food Truck issued by the San Benito County Health and Human Services Department. 6) Mobile food trucks shall, at all times, display the Mobile Food Truck permit issued by the Development Services Department. Permit shall be placed in an obvious location clearly visible to the public.
7) Mobile food trucks shall procure a business tax certificate and license from the City before operating within city limits. Business tax certificate and license shall be displayed in a visible place. 8) Mobile Food Trucks must be brought to a complete stop and be lawfully parked according to the provisions of this Code prior to initiating food sale operations. 9) The sale of non-food items, or the performance of professional and/or personal services, shall not be provided from a food truck.
10) Only the sale of food, foodstuff, and beverages are permitted. 11) Mobile Food Truck Vendor shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained.
12) Food trucks shall be maintained in a clean and presentable condition at all times, free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.). 13) All grounds used by a food truck vendor shall be maintained clean at all times. Any trash or spills of food by-products shall be immediately cleaned.
14) Grease and liquid waste shall not be disposed in tree wells, storm drains, sanitary sewer systems, public streets or any other unapproved location.

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15) Trash and recycling containers shall be provided by the food truck vendor for use by the patrons.

All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated shall be disposed in any public trash receptable. 16) No food truck shall be allowed to install any physical addition to the food truck unit. The truck itself should function as a large-scale sign. No signage other than what is exhibited on the truck bodywork or inside the mobile food truck may be displayed.

G. Restrictions for sales around Children and Schools:

No Mobile Food truck shall sell or offer for sale, display, solicit, barter, exchange, gift or otherwise, any food and/or beverages to any minor child, attending any of the public or private schools within the City, on the street or from other public places within 1,000 feet of the exterior boundaries of land which any public or private school, or pre-school building, is located within the City between the hours of 7:00 a.m. and 4:00 p.m. on any school day.

The above provision shall not apply to any Mobile Food Truck vendor who has received written consent of the school principal, or other authorized school official, to park, stop, or stand for the purpose of selling food and/or beverages, such authorization shall not interfere with and vehicular traffic and/or pose a traffic safety hazard to school children. Any such written authorization shall be kept, maintained, and displayed by the Mobile Food Truck vendor at all times, and available any time for inspection.

H. Exceptions:

Any Mobile Food Truck Vendor identified in an application for a special event submitted to the City of Hollister pursuant to the City of Hollister Special Event Program, or any other City sponsored or approved event, shall be exempt from the requirements of this chapter pertaining to Mobile Food Trucks, provided that the Mobile Food Truck is parked for the duration of the special event in order to conduct business.

Any Mobile Food Truck who has not been granted a permit to operate at a special event must remain at least 500 feet away from the boundary of the special event for the duration of the event.

I. Approval and Issuance of a Mobile Food Truck Permit:

1. The Development Services Director, or designee, shall approve and issue a mobile food truck permit if:
a. The required permit fees have been paid.
b. No violation, as that term is defined in Section 10.04.150 – Violations – Civil penalties, are pending for the food truck vendor or the subject property where the food truck intends to locate.
c. The Mobile Food Truck vendor agrees to comply with the regulations in this chapter.

2. A permit is effective upon approval by the Development Services Director, or designee.

3. If the city issues a mobile food truck permit, the contents of the permit application shall become permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city.

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J. Suspension or Revocation of a Mobile Food Truck Permit:

1. If the Development Services Director, or designee, determines that there has been a violation of the permit or the mobile food truck regulations, he or she may provide the permit holder with a notice of intent to revoke permit.

2. The notice of intent to revoke shall describe the violation, require the permit holder to immediately correct the violation or cause the violation to be corrected, and shall be provided to the permit holder by personal service, mail, or posting, to the license holder’s place of business or mailed to the last known address.

3. If the permit holder fails to immediately (within 24 hours) correct the violation or cause the violation to be corrected, the Development Services Director or designee may revoke the permit.

The Mobile Food Truck vendor shall have the right to appeal the Director or designee’s decision in accordance with Section 17.24.170 (Revocation of Administrative Permits).

K. Expiration of a Mobile Food Truck Permit:

Each mobile food truck permit shall expire one year from the date of issuance.

L. Renewal of a Mobile Food Truck Permit:

1. A Mobile Food Truck Permit may be renewed under the same process for issuance of new Mobile Food Truck Permits when the approval has expired after one year of issuance.

2. Renewal of a Mobile Food Truck Permit when the permit was suspended or revoked due to violations or other noncompliance actions will require the applicant to submit a Compliance Plan to the Development Services Director or designee. The Compliance Plan shall detail measures taken to comply with the requirements listed in Section 10.24.060 The Compliance Plan will be reviewed by the Development Services Director or designee and a written determination shall be given within thirty (30) days of a complete application submittal.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: RESOLUTION NO. 2023-114, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE TEMPORARY CLOSURES OF PORTIONS OF SAN BENITO STREET, EAST STREET, AND MONTEREY STREET FOR THE 36TH

ANNUAL STREET FESTIVAL AND CAR SHOW

BRIEF DESCRIPTION: This resolution will authorize the temporary closure of portions of San Benito Street, East Street, and Monterey Street and Wentz, Swope, and Brown Alleys from 6:00 a.m. to 6:00 p.m. on July 15, 2023, for the 36th Annual Street Festival and Car Show.

RECOMMENDATION: Adopt a resolution authorizing the temporary closure of portions of San Benito Street, East Street, and Monterey Street and Wentz, Swope, and Brown Alleys from 6:00 a.m. to 6:00 p.m. on July 15, 2023, for the 36th Annual Street Festival and Car Show.

DEPARTMENT SUMMARY: This request is for the temporary closure of portions of San Benito Street, East Street, and Monterey Street and Wentz, Swope, and Brown Alleys from 6:00 a.m. to 6:00 p.m. on July 15, 2023, for the 36th Annual Street Festival and Car Show.

The hold harmless agreement, street closure permit, and public assembly permit have been submitted to the City Clerk’s Office. The appropriate department heads have approved the street closure and public assembly permits.

FINANCIAL IMPACT: Staff time, set up, and take down.

CEQA: N/A

ATTACHMENTS:

1. Street Festival and Car Show Map

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-114

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE

TEMPORARY CLOSURES OF PORTIONS OF SAN BENITO STREET, EAST STREET, AND MONTEREY STREET FOR THE 36TH ANNUAL STREET FESTIVAL AND CAR SHOW

WHEREAS, the City of Hollister Clerk’s Office received a block party application from the Hollister Downtown Association requesting the closure of portions of San Benito Street, East Street, Fifth Street, Sixth Street, and Seventh Street and closure of portions of Wentz, Swope, and Brown Alleys from 6:00 a.m. to 6:00 p.m. on July 15, 2023, for the 36th Annual Street Festival and Car Show.; and

WHEREAS, the event will begin take place on portions of San Benito Street, East Street, Fifth Street, Sixth Street, and Seventh Street and Wentz, Swope, and Brown Alleys; and

WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for public safety issues.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the street closures from 6:00 a.m. to 6:00 p.m. pursuant to the following, which will ensure Public Safety:

Closure of San Benito Street from South Street to Fourth Street; and

Closure of Fifth Street from East Street to Monterey Street; and

Closure of Sixth Street from East Street to Monterey Street; and

Closure of Seventh Street from East Street to Monterey Street; and

Closure of Wentz Ally between East Street and Monterey Street; and

Closure of Swope and Brown Alleys.

Said streets will be temporarily closed pursuant to section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is a necessary for the safety of persons.

Public works will put up barricades and signs to re-route traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

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Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-114, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: RESOLUTION NO. 2023-115, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE TEMPORARY CLOSURE OF A PORTION

OF SALLY STREET

BRIEF DESCRIPTION: This resolution will authorize the closure of a portion of Sally Street for the cannery processing season for San Benito Foods.

RECOMMENDATION: Adopt a resolution authorizing the temporary closure of a portion of Sally Street from July 17, 2023, to October 2, 2023, for the cannery processing season.

DEPARTMENT SUMMARY: This request is for the temporary closure of a portion of Sally Street from July 17, 2023 to October 2, 2023, for the cannery processing season by San Benito Foods. In previous years, the City Council has allowed San Benito Foods (“Cannery”) to temporarily close Sally Street between Hawkins Street and Comienzo Drive to facilitate the cannery’s seasonal operations. The seasonal closures of the road general run from July to October each year.

The hold harmless agreement and street closure permit have been submitted to the City Clerk’s Office. The appropriate department heads have approved the street closure permit.

FINANCIAL IMPACT: Staff time, set up, and take down.

CEQA: N/A

ATTACHMENTS:

1. 20230717-20231002.San Benito Foods Street Closure

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE

TEMPORARY CLOSURE OF A PORTION OF SALLY STREET

WHEREAS, the City of Hollister Clerk’s Office received a street closure application from San Benito Foods requesting the temporary closure of a portion of Sally Street from July 17, 2023 to October 2, 2023, for the cannery processing season; and

WHEREAS, the closure will be the north side of Sally Street from Hawkins Street to 1500 feet south of the corner of Comienzo Drive (formerly known as Hazel Street); and

WHEREAS, the closure is an annual occurrence to support public safety during the cannery processing season; and

WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for public safety issues.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the temporary closure of a portion of Sally Street from July 17, 2023 to October 2, 2023, for the cannery processing season.

Said streets will be temporarily closed pursuant to section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is a necessary for the safety of persons.

Public works will put up barricades and signs to re-route traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-115, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-116, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A TEMPORARY CLOSURE OF 7TH STREET FROM WEST STREET TO POWELL STREET FROM 8:00 A.M. TO 3:00 P.M. FOR A CLASSIC CAR AND VINTAGE MOTORCYCLE EVENT.

BRIEF DESCRIPTION: This resolution will authorize the temporary closures of 7th Street between West and Powell Street for a Classic Car and Vintage Motorcycle Event on Saturday, September 2, 2023.

RECOMMENDATION: Adopt a resolution approving the temporary street closures of 7th Street between West and Powell Street for a Classic Car and Vintage Motorcycle Event on Saturday, September 2, 2023.

DEPARTMENT SUMMARY: The City of Hollister Parks and Recreation Department requests temporary street closure of 7th Street from West Street to Powell Street and Haydon Street to Monterey Street from 8:00 a.m. to 3:00 pm on Saturday, September 2, 2023. The request for the temporary street closure is for a Classic Car and Vintage Motorcycle Event.

FINANCIAL IMPACT: Staff time to close the street.

CEQA: N/A

ATTACHMENTS:

1. Classic Car and Motorcycle Event-20230902

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A TEMPORARY CLOSURE OF 7TH STREET FROM WEST STREET TO POWELL STREET FROM 8:00 A.M. TO 3:00 P.M. FOR A CLASSIC CAR AND VINTAGE MOTORCYCLE EVENT.

WHEREAS, the City of Hollister Parks and Recreation Department will have a Classic Car and Vintage Motorcycle Event to be held on Saturday, September 2, 2023; and

WHEREAS, the City of Hollister Police Department has deemed street closure appropriate for Public Safety reasons.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves that temporary street closure pursuant to the following will ensure public safety:

7th Street from West Street and Powell Street is closed from 8:00 a.m. to 3:00 p.m. for a Classic Car and Vintage Motorcycle Event to be held on Saturday, September 2, 2023.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister determines that said closing is necessary for the safety of persons and that Powell Street, South Street, and 6th Street will be used during the temporary closure.

The Police Department of the City of Hollister will be responsible for traffic control, including re-routing.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-116, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Cannabis
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-117, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER RENEWING REGULATORY PERMIT FOR HIGHER LEVEL OF CARE HOLLISTER TO OPERATE A CANNABIS DISPENSARY AT 1802 SHELTON DRIVE (APN 051-0120-070-000)

BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for Higher Level of Care Hollister to operate a cannabis dispensary.

RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for Higher Level of Care Hollister to operate a cannabis dispensary located at 1802 Shelton Drive.

DEPARTMENT SUMMARY:

On February 19th 2019, the City Council approved Cannabis Use Permit/ Development Agreement for Higher Level of Care Hollister to operate a cannabis dispensary (Resolution No. 2019-34). On March 19th 2019, the City Council approved regulatory permit (Resolution No. 2019-58) for Hollister Higher Level of Care Hollister to operate a cannabis dispensary facility at 1802 Shelton Drive.

In accordance with Section 5.42.050 B of the Hollister Municipal Code, every Regulatory Permit will automatically expire after one year from the date it was issued. However, for licensees operating under this Chapter who are engaged in new construction, the date of issuance may be made effective upon the applicant obtaining a certificate of occupancy, as determined at the discretion of the City.

As for the renewal date of the Higher Level of Care Hollister permit, it is determined based on the date when final occupancy was granted, which in this case was on July 25, 2019, coinciding with the fulfillment of all the conditions of approval.

In the past, it was the practice within Cannabis Affairs to process and renew regulatory permits without bringing them before the City Council for approval. This practice was based on the guidance provided by management at that time. The intention was to streamline the renewal process. Pursuant to Section 5.042.040 of the Municipal Code, which specifies that the City Council shall have final approval authority for all regulatory permits, it has been determined that the previous practice of not seeking Council approval should be discontinued. To ensure compliance with the Municipal Code, staff has undertaken the necessary steps to bring all regulatory permits before the City Council for renewal.

It should be noted that staff has been diligently renewing these permits annually as required by the Municipal Code, and has also taken proactive measures to ensure that cannabis facilities remain compliant throughout the renewal process and all fees have been appropriately paid by the applicants. The date of the last renewal was July 25, 2022.

In accordance with to Section 5.42.050 of the City of Hollister Municipal Code, renewal of a Regulatory Permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A) and A.9
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none of the required findings were made to warrant rejection of a regulatory permit as outlined in the attached Resolution.

This approval will allow the applicant to continue operations for 2023/2024.

FINANCIAL IMPACT: $ 0

CEQA: The activity described falls under the exemption provided by the California Environmental Quality Act (CEQA) Categorical Exemption Section 15301(a) for Existing Facilities as there would be no change in the existing use. No exceptions listed under Section 15300.2 apply. There is no reasonable possibility that the project would have a significant effect on the environment.

ATTACHMENTS:

1. Higher Level of Care #2019-58

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING

REGULATORY PERMIT FOR HIGHER LEVEL OF CARE HOLLISTER TO OPERATE A CANNABIS DISPENSARY AT 1802 SHELTON DRIVE (APN 051-0120-070-000)

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting on February 19, 2019 approved a Cannabis Use Permit/ Development Agreement for Higher Level of Care Hollister located at 1802 Shelton Drive; and

WHEREAS, the City Council at its regular meeting on March 18, 2019 issued a cannabis dispensary regulatory permit; and

WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a Regulatory Permit is subject to review and approval by the City Council; and

WHEREAS, over the past years, and in order to streamline the process, it was the practice within Cannabis Affairs to process and renew regulatory permits without bringing them before the City Council for approval based on guidance provided by management at that time; and

WHEREAS, pursuant to Section 5.042.040 of the Municipal Code, which specifies that the City Council shall have final approval authority for all regulatory permits, it has been determined that the previous practice of not seeking Council approval should be discontinued; and

WHEREAS, the date of the last administrative renewal of the Regulatory Permit was July 25, 2022; and

WHEREAS, Higher Level of Care Hollister has completed the Regulatory Permit application, and it has been deemed complete; and

WHEREAS, at its regular meeting of June 20th 2023 the City Council considered the applicant’s request, review the City Staff report, and receive written and oral testimony for and against the proposal; and

WHEREAS, under the provisions of Section 5.42.070 A. of the Hollister Municipal Code the City Council may reject a permit and did not make any one of the specified findings required to deny Higher Level of Care Hollister regulatory permit were made; and

WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon Higher Level of Care Hollister regulatory permit.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby make the following findings and determinations regarding the proposed cannabis Regulatory Permit:

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Grounds for Denial

The City Council may reject a Regulatory Permit upon making any of the following findings, and none of the following required findings were made to warrant rejection of a Regulatory Permit:

1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;

2. If applicable, the applicant is not a primary caregiver or qualified patient or the legal representative of the cannabis facility;

3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;

4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;

5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;

6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transporta tion, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.

7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.

8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license A.9
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revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.

9. The applicant did not pay to the City the required application and processing fees as set forth in Section 5.42.080

BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the Regulatory Permit for Higher Level of Care Hollister located at 1802 Shelton Drive to continue to operate cannabis dispensary.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-117, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-118, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 2 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2023/24.

RECOMMENDATION: Adopt a resolution authorizing the annual levy of Special Taxes for Fiscal Year 2023/24.

DEPARTMENT SUMMARY: On July 6, 1995 the Council of the City of Hollister passed, approved, and adopted Resolution No. 95-95, establishing the formation of Community Facilities District No. 2 (“CFD No. 2” or the “District”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and resolution, parcels would be levied within the District which are not otherwise exempt from taxation under the Act or the resolution of the special tax for fiscal year 2023/24. The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem property taxes are collected and is subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

FINANCIAL IMPACT: The property owners will pay all costs associated with the District. Rates may vary by project as the actual cost of services and services provided to each annexation area may be different.

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

ATTACHMENTS:

1. Exhibit A. CFD 2 Levy FY 23-24

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE

SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertook proceedings and established Community Facilities District No. 2 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982 (the “Act”) to authorize the levy of special taxes upon land within the District; and

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

WHEREAS, the City Council, by Resolution No. 95-95 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

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

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exempt from taxation under the Act or the rdinance the special taxes for fiscal year 2023/24 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this resolution (the “2023/2024 Roll”)

SECTION 3

That the rate determined and as set forth above does not exceed the amount as previously authorized by ordinance of this City Council and is not in excess of that as previously approved by the qualified electors of the District and is exempt from Proposition 218, Section XIIID of the California State Constitution.

SECTION 4

That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of police and fire services for parcels within the District, as well as incidental expenses of the District, including costs incurred to determine the amount of and collection of special taxes and costs otherwise incurred to carry out the authorized purposes of the District. The proceeds shall not be used for any other purposes.

SECTION 5

The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale A.10
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cases of any delinquency for ad valorem taxes, and the tax collector is hereby authorized to deduce any reasonable administrative costs incurred in collecting any said special tax.

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”). The County Auditor is hereby directed to enter in the next County assessment roll on which taxes become due, opposite each lot or parcel of land affected by the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit A.

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2023/24.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-118, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 2
(Police and Fire Services)

FISCAL YEAR 2023/24

SPECIAL TAX RATES

Base Year for CFD No. 2 Tax FY 23/24 Maximum Tax Rate
FY 1995 $560.08
FY 1999 $516.50
FY 2000 $497.60
FY 2003 $440.63

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-119, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 4 (Public Facilities) authorizing the annual levy of special taxes for Fiscal Year 2023/24.

RECOMMENDATION: Adopt a resolution authorizing the annual levy of Special Taxes for Fiscal Year 2023/24.

DEPARTMENT SUMMARY: On July 21, 2014 the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2014-143 establishing the formation of Community Facilities District No. 4 (“CFD No. 4” or the “District”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and resolution, parcels would be levied within the district which are not otherwise exempt from taxation under the Act or the resolution of the special tax for fiscal year 2023/24. The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem property taxes are collected and is subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

FINANCIAL IMPACT: The property owners will pay all costs associated with the District. Rates may vary by project as the actual cost of services and services provided to each annexation area may be different.

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

ATTACHMENTS:

1. Exhibit A. CFD 4 Levy FY 23-24

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertook proceedings and established Community Facilities District No. 4 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982 (the “Act”) to authorize the levy of special taxes upon land within the District; and

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

WHEREAS, the City Council, by Resolution No. 2014-143 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

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

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the Ordinance, there is hereby levied upon all parcels within the District which are not otherwise exemp t from taxation under the Act or the Ordinance the special taxes for fiscal year 2023/24 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2022/2023 Roll”)

SECTION 3

That the rate determined and as set forth above does not exceed the amount as previously authorized by ordinance of this City Council and is not in excess of that as previously approved by the qualified electors of the District and is exempt from Proposition 218, Section XIIID of the California State Constitution.

SECTION 4

That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of maintaining certain public facilities for parcels within the District, as well as incidental expenses of the District, including costs incurred to determine the amount of and collection of special taxes and costs otherwise incurred to carry out the authorized purposes of the District. The proceeds shall not be used for any other purposes.

SECTION 5

The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties and same procedure and sale A.11
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cases of any delinquency for ad valorem taxes, and the tax collector is hereby authorized to deduce any reasonable administrative costs incurred in collecting any said specia l tax.

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”). The County Auditor is hereby directed to enter in the next County assessment roll on which taxes become due, opposite each lot or parcel of land affected by the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit A.

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2023/24.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-119, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 4
(Public Services)

FISCAL YEAR 2023/24

SPECIAL TAX RATES

Tax Zone Tax Per Tax per Tax per Tax Per
Number DU SFD MF Acre
1 264.77$ 264.77$ 264.77$ 1,846.90$
2 364.83$ 364.83$ 364.83$ 2,574.87$
3 254.50$ 254.50$ 254.50$ 2,450.18$
4 89.01$ 89.01$ 89.01$ 2,675.35$ 5 137.91$ 137.91$ 137.91$ 1,829.16$
6 514.02$ 514.02$ 514.02$ 3,973.07$
7 488.95$ 488.95$ 488.95$ 6,100.03$
8 N/A 131.64$ 82.75$ N/A
9 225.67$ 225.67$ 225.67$ 1,910.27$
10 401.19$ 401.19$ 401.19$ 1,832.79$
11 200.59$ 200.59$ 200.59$ 2,770.98$
12 N/A N/A N/A 2,905.35$
13 595.12$ 595.12$ 595.12$ 2,845.09$
14 N/A 1,009.64$ 768.44$ 8,453.36$
15 557.08$ 557.08$ 557.08$ 2,845.09$
16 N/A 734.97$ 602.72$ 12,321.33$
17 N/A 843.81$ 691.67$ 6,031.93$
18 N/A 304.29$ 169.70$ 3,651.46$
19 N/A 1,115.03$ 892.02$ 4,884.16$
20 N/A 1,470.98$ 1,176.78$ 7,800.50$
21 N/A 1,193.03$ 954.64$ 7,730.51$
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-120, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

BRIEF DESCRIPTION: The City Council will consider adopting a resolution as the legislative body of Community Facilities District No. 5 (Police and Fire Services) authorizing the annual levy of special taxes for Fiscal Year 2023/24.

RECOMMENDATION: Adopt a resolution authorizing the annual levy of Special Taxes for Fiscal Year 2023/24.

DEPARTMENT SUMMARY: On June 18, 2018, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2018-197, establishing the formation of Community Facilities District No. 5 (“CFD No. 5” or the “District”) and the levy of the Special Tax.

In accordance with the Mello-Roos Act (the “Act”) and Resolution, parcels would be levied within the District which are not otherwise exempt from taxation under the Act or the Resolution of the special tax for fiscal year 2023/24. The rate determined and as set forth for this Community Facilities District does not exceed the amount as previously authorized by resolution of this City Council. The special tax is collected in the same manner as ordinary ad valorem prope rty taxes are collected and is subject to the same penalties and same procedure and sale cases of any delinquency for ad valorem taxes.

FINANCIAL IMPACT: The property owners will pay all costs associated with the District. Rates may vary by project as the actual cost of services and services provided to each annexation area may be different.

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

ATTACHMENTS:

1. Exhibit A. CFD 5 Levy FY 23-24

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE

SERVICES) AUTHORIZING THE ANNUAL LEVY OF SPECIAL TAXES FOR FISCAL YEAR 2023/24

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) previously undertaken proceedings and established Community Facilities District No. 5 ("District") pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982 (the “Act”) to authorize the levy of special taxes upon land within the District; and

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

WHEREAS, the City Council, by Resolution No. 2018-197 as authorized by Section 53340 of the Code, has authorized the levy of a special tax to pay for costs and expenses related to said District to be collected for the next fiscal year

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

SECTION 1

The above recitals are true and correct.

SECTION 2

That in accordance with the Act and the ordinance, there is hereby levied upon all parcels within the district which are not otherwise exempt from taxation under the Act or the ordinance the special taxes for fiscal year 2023/24 at the rates set forth in the attached referenced and incorporated Exhibit A. The City Manager or their designee is hereby directed to prepare and file with the City Clerk a list of the exact amount of the special tax for each lot or parcel of land in accordance with this Resolution (the “2023/2024 Roll”)

SECTION 3

That the rate determined and as set forth above does not exceed the amount as previously authorized by ordinance of this City Council, and is not in excess of that as previously approved by the qualified electors of the district and is exempt from Proposition 218, Section XIIID of the California State Constitution.

SECTION 4

That the proceeds of the special tax shall be used to pay, in whole or in part, the costs of police and fire services for parcels within the District, as well as incidental expenses of the District, including costs incurred to determine the amount of and co llection of special taxes and costs otherwise incurred to carry out the authorized purposes of the District. The proceeds shall not be used for any other purposes.

SECTION 5

The special tax shall be collected in the same manner as ordinary ad valorem pr operty taxes are collected, and shall be subject to the same penalties and same procedure and sale A.12
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cases of any delinquency for ad valorem taxes, and the tax collector is hereby authorized to deduce any reasonable administrative costs incurred in collectin g any said special tax.

SECTION 6

All monies above collected shall be paid into the District funds, including any reserve fund.

SECTION 7

The City Clerk is hereby authorized to transmit a certified copy of this Resolution to the County of San Benito (“County”) Office of Auditor-Controller (“County Auditor”). The County Auditor is hereby directed to enter in the next County assessment roll on which taxes become due, opposite each lot or parcel of land affected by the installment of the special tax, and for the exact rate and amount of said tax, reference is made to the attached Exhibit A.

SECTION 8

This Resolution shall take effect immediately upon its final passage and adoption in accordance with provisions of Government Code 53340, as amended.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the special tax levy for the District for fiscal year 2023/24.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-120, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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EXHIBIT A

COMMUNITY FACILITIES DISTRICT NO. 5
(Police and Fire Services)

FISCAL YEAR 2023/24

SPECIAL TAX RATES

Land Use Class Description
Fiscal Year 2023/24
Maximum Special Tax per
Unit
1 Residential Property $925.32 per Unit
2 Multi-Family Property $758.16 per Unit
No Tax for Undeveloped Property
No Tax for Tax-Exempt Property

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 6, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief

SPONSOR(S): Perez

TITLE OF ITEM: RESOLUTION NO. 2023-121, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER REJECTING ALL BIDS RECEIVED BY THE CITY CLERK AT A BID OPENING FOR THE FIRE STATION 1 AND 2 ELECTRICAL AND LIGHTING

IMPROVEMENTS PROJECT AND REISSUING THE REQUEST FOR BID

BRIEF DESCRIPTION: This item will reject all bids for the Fire Station 1 and 2 Electrical and Lighting Improvements Project and request authority to reissue the request for bids following the adoption of this resolution.

RECOMMENDATION: Adopt a resolution rejecting all bids for the Fire Station 1 and 2 Electrical and Lighting Improvements Project and requesting authorization to reissue the request for bid.

DEPARTMENT SUMMARY: Due to an oversight in the bid process, staff requested and received bid proposals for the Fire Station 1 and 2 Electric al and Lighting Improvements and Repairs Project. As a matter of formality, staff recommends that the City adopt t his resolution rejecting all bids received by the City Clerk at the bid opening on April 14, 2023 and May 22, 2023 and authorize staff to call for sealed bids for this project.

FINANCIAL IMPACT: None at this time.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER REJECTING ALL BIDS RECEIVED BY THE CITY CLERK AT A BID OPENING FOR THE FIRE STATION 1 AND 2 ELECTRICAL AND LIGHTING IMPROVEMENTS PROJECT AND REISSUING THE

REQUEST FOR BID

WHEREAS, due to an oversight in the bid process, proposals were requested and received for the Fire Station 1 and 2 Electrical and Lighting Improvements and Repairs Project at a bid opening on April 14, 2023 and May 22, 2023; and

WHEREAS, it is the City of Hollister City Council’s desire to correct the matter by rejecting all bids received by the City Clerk for Fire Station 1 and 2 Electrical and Lighting Improvements and Repairs Project, and formally authorize City staff to call for sealed bids.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister

1. Rejects all bid proposals for the Fire Station 1 and 2 Electrical and Lighting Improvements and Repairs Project on or before April 14, 2023 and May 22, 2023; and

2. Authorizes staff to call for bids for the Station 1 and 2 Electrical and Lighting Improvements and Repairs Project following the adoption of this resolution.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-121, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 8, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-122, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ACCEPTING THE WORK BY MONTEREY PENINSULA ENGINEERING FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201, AND

DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION WITH THE SAN

BENITO COUNTY RECORDER'S OFFICE

BRIEF DESCRIPTION: Consider Accepting the Work of Monterey Peninsula Engineering for the Sally Street Traffic Calming Project, CIP No. C2201, and directing the City Engineer to file a Notice of Completion with the San Benito County Recorder's Office.

RECOMMENDATION: Adopt a resolution accepting the Work of Monterey Peninsula Engineering for the Sally Street Traffic Calming Project, CIP No. C2201, and directing the City Engineer to file a Notice of Completion with the San Benito County Recorder's Office.

DEPARTMENT SUMMARY: On April 18, 2022, City Council adopted Resolution No. 2022-64 authorizing the calling for sealed bids for the Sally Street Traffic Calming Project, CIP No. C2201.

On June 21, 2022, City Council adopted Resolution No. 2022-125 accepting the bids received, approving a supplemental appropriation, awarding a contract in the amount of $2,325,495.00 to Monterey Peninsula Engineering and authorizing the execution of contract and change orders for the Sally Street Traffic Calming Project, CIP C2201.

The limits of work for CIP C2201 was on Sally Street between Hawkins Street and Nash Road. The work included: (a) replacing an existing water main with a new water main; (b) grinding and repaving the street; (c) constructing mini-roundabouts and replacing curb ramps; and (d) installing striping, pavement markings, and pedestrian crosswalks.

On February 23, 2023, Monterey Peninsula Engineering completed the work to the satisfaction of the City Engineer.

Upon adoption of the Resolution, the City Engineer will file a Notice of Completion, in a form approved by the City Attorney, with the San Benito County Recorder's Office.

FINANCIAL IMPACT: The original contract amount was $2,315,495.00. Change orders were executed in the amount of $340,471.21, which was less than the total authorized amount of $347,000.00. The final contract amount was $2,655,966.21.

CEQA: Exempt

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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE

WORK BY MONTEREY PENINSULA ENGINEERING FOR THE SALLY STREET TRAFFIC CALMING PROJECT, CIP C2201, AND DIRECTING THE CITY ENGINEER TO FILE A

NOTICE OF COMPLETION WITH THE SAN BENITO COUNTY RECORDER'S OFFICE

WHEREAS, on April 18, 2022, City Council adopted Resolution No. 2022-64 authorizing the calling for sealed bids for the Sally Street Traffic Calming Project, CIP No. C2201; and

WHERAS, on June 21, 2022, City Council adopted Resolution No. 2022-125 accepting the bids received, approving a supplemental appropriation, awarding a contract in the amount of $2,325,495.00 to Monterey Peninsula Engineering and authorizing the execution of contract and change orders for the Sally Street Traffic Calming Project, CIP C2201; and

WHERAS, the limits of work for CIP C2201 was on Sally Street from Hawkins Street to Nash Road; and

WHERAS, the work included: (a) replacing an existing water main with a new water main; (b) grinding and repaving the street; (c) constructing mini roundabouts and replacing curb ramps; and (4) installing striping, pavement markings, and pedestrian crosswalks; and

WHEREAS, on February 23,2023, Monterey Peninsula Engineering completed the work to the satisfaction of the City Engineer; and

WHEREAS, the final contract amount was $2,655,966.21; and

WHEREAS, upon adoption of the resolution, the City Engineer will file a Notice of Completion, in a form approved by the City Attorney, with the San Benito County Recorder's Office.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:

1. Accepts the Work of Monterey Peninsula Engineering for the Sally Street Traffic Calming Project, CIP C2201; and

2. Directs the City Engineer to file a Notice of Completion with the San Benito County Recorder's Office.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

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Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-122, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 14, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-123, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE CONSTRUCTION CONTRACT DOCUMENTS FOR THE 2022 CITY WIDE SLURRY SEAL PROJECT (PROJECT); APPROVING THE

DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; DIRECTING THE

CITY ENGINEER TO FILE A NOTICE OF EXEMPTION WITH THE SAN BENITO COUNTY RECORDER’S OFFICE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL

AGREEMENTS RELATED TO FUNDING FOR THE PROJECT

BRIEF DESCRIPTION: Consider approving the construction contract documents for the 2022 City Wide Slurry Seal Project (Project); approving the determination that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); directing the City Engineer to file a notice of exemption with the San Benito County Recorder’s Office, and authorizing the City Manager to execute all agreements related to funding of the Project.

RECOMMENDATION: Adopt a resolution approving the construction contract documents for the 2022 City Wide Slurry Seal Project (Project); approving the determination that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA); directing the City Engineer to file a notice of exemption with the San Benito County Recorder’s Office, and authorizing the City Manager to execute all agreements related to funding of the Project.

DEPARTMENT SUMMARY: Based on discussions with Caltrans staff regarding a grant, staff realized that certain items were not addressed in previous resolutions. This resolution addresses those items not addressed in previous resolutions.

The City Council has authorized staff to bid the project twice and reject bids twice.

Pursuant to Resolution No. 2023-09, the project will be rebid after all agreements related to funding grants have been executed unless the scope of work substantially changes.

Prior to initially bidding the project, staff determined the project is categorically exempt from the provisions of CEQA pursuant to paragraph (c) of Section 15301, “Existing Facilities” of the California Public Resources Code; however, a notice of exemption was not filed. Staff will file a notice of exemption.

Staff anticipates receiving one or more grants to fund the project. After a grant is awarded, the grantor and the City are typically required to enter into funding agreement prior to start of construction. Staff anticipates entering into an agreement for the administration of the Local Partnership Program Grant.

FINANCIAL IMPACT: Nominal financial impact will be incurred for staff time to file the notice of exemption. Staff and City Attorney time will be incurred to execute grants.

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CEQA FINDINGS: Staff determined the Project is categorically exempt from the provisions of CEQA pursuant to paragraph (c) of Section 15301, “Existing Facilities” of the California Public Resources Code.

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-123

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CONSTRUCTION CONTRACT DOCUMENTS FOR THE 2022 CITY WIDE SLURRY SEAL PROJECT (PROJECT); APPROVING THE DETERMINATION THAT THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; DIRECTING THE CITY ENGINEER TO FILE A NOTICE OF EXEMPTION WITH THE SAN BENITO COUNTY RECORDER’S OFFICE; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS RELATED TO

FUNDING FOR THE PROJECT

WHEREAS, the City of Hollister recognizes the importance of maintaining and improving its infrastructure to ensure the safety and well-being of its residents; and

WHEREAS, as part of the ongoing efforts to enhance the city streets, the City has identified the need for a 2022 City Wide Slurry Seal Project; and

WHEREAS, on June 6, 2022, the City Council adopted Resolution No. 2022-113 authorizing the calling for sealed bids for the 2022 City Wide Slurry Seal Project; and

WHEREAS, on October 3, 2022, the City Council adopted Resolution No. 2022-175 rejecting all bids received on July 13, 2022, and authorizing staff to rebid the 2022 City Wide Slurry Seal Project; and

WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 2023-09 rejecting all bids received and authorizing staff to re-bid the 2022 City Wide Slurry Seal Project; and

WHEREAS, on May 1, 2023, the City Council adopted Resolution No. 2023-73 approving an agreement to nominate the City’s 2022 City Wide Slurry Seal Project to the California Transportation Commission for receipt of local partnership program formulaic (LLF-F) funds totaling $600,000 and approving an agreement exchanging $600,000 of the City’s Surface Transportation Block Grant (STBG) Funds for $600,000 LPP-F funds, and sub-allocate the STBG funds to the local jurisdictions using the Council of Government’s adopted formula; and

WHEREAS, the construction contract documents have been prepared in accordance with all City standards and include detailed plans and specification and a ready for approval; and

WHEREAS, staff determined the Project is categorically exempt from the provisions of CEQA pursuant to paragraph (c) of Section 15301, “Existing Facilities” of the California Public Resources Code.

WHEREAS, the City Council wishes obtain additional funding for the Project and implement the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister:

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1. Approves the construction contract documents, including plans and specifications, for the 2022 City Wide Slurry Seal Project; and

2. Approves the determination that 2022 City Wide Slurry Seal Project is categorically exempt from the provisions of California Environmental Quality Act, pursuant to paragraph (c) of Section 15301, “Existing Facilities” of the California Public Resources Code; and

3. Directs the City Manager to file a notice of exemption with the County Recorder's Office; and

4. Authorizes the City Manager to execute all agreements related to funding for the 2022 City Wide Slurry Seal Project.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-123, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: May 30, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-124, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KELLEY ENGINEERING AND SURVEYING, IN AN AMOUNT NOT-TO-EXCEED $125,000

WITH A TERM OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES TO AUGMENT THE CITY OF HOLLISTER’S ENGINEERING DEPARTMENT STAFF

BRIEF DESCRIPTION: Consider authorizing the City Manager to execute a contract amendment to the professional services agreement with Kelley Engineering and Surveying, in an amount not-to-exceed $125,000 with a term of six months for additional professional engineering services to augment City of Hollister Engineering Department staff.

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a contract amendment to the professional services agreement with Kelley Engineering and Land Surveying, in the amount of $125,000.00 with a term of six months, for additional professional engineering services to augment City of Hollister’s Engineering Department staff.

DEPARTMENT SUMMARY: The City of Hollister’s Engineering Department requires augmenting staff to assist with (1) reviewing improvement plans and maps submitted to the City by developers; (2) reviewing the contract documents of capital improvement projects prepared by other consulting engineering firms; and (3) preparing exhibits, conceptual engineering plans, contract documents, and surveying for capital improvement projects.

The proposal includes an architectural consulting firm to better define the scope of work for building projects and estimate the cost of building projects for inclusion in the Capital Improvement Program.

As a local consulting engineering firm, San Benito Engineering and Surveying will be available to regularly meet with staff in person and is familiar with the City of Hollister.

FINANCIAL IMPACT: The contract amendment to augment Engineering Department staff shall not exceed the amount of $100,000. The funding source for work will be identified prior to each work assignment.

CEQA: Exempt

ATTACHMENTS:

1. Kelley Engineers Sign Contract Amendment No. 2

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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE

CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH KELLEY ENGINEERING AND SURVEYING, IN AN AMOUNT NOT-TO-EXCEED $125,000 WITH A TERM OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES TO AUGMENT THE CITY OF HOLLISTER’S

ENGINEERING DEPARTMENT STAFF

WHEREAS, on January 17, 2017, the City of Hollister and Kelley Engineering and Surveying entered into a Professional Services Agreement pursuant to City Council Resolution 2017-16; and

WHEREAS, the City of Hollister Engineering Department requires staff augmentation to assist with (1) reviewing improvement plans and maps submitted to the City by developers; (2) reviewing the contract documents of capital improvement projects prepared by other consulting engineering firms; (3) preparing exhibits, conceptual engineering plans, contract documents and surveying for capital improvement projects; and/or (4) the development of the FY 2023/2024, 10-Year, Capital Improvement Program; and

WHEREAS, Kelley Engineering and Surveying is qualified to perform the work described; and

WHEREAS, Kelley Engineering and Surveying is a local engineering consulting firm that will be able to meet regularly with City staff in-person and is familiar with the work required by the City of Hollister’s Engineering Department.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to execute a contract amendment to the professional services agreement with Kelley Engineering and Surveying, in an amount not-to-exceed $125,000 with a term of six months, for additional professional engineering services to augment the City of Hollister’s Engineering Department staff.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-124, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Attachment 1
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KELLEY
Engineering & Surveying

400 Park Center Drive, Suite #4, Hollister, CA 95023
Office: (831) 636-1104 FAX (831) 636-1837

FEE SCHEDULE - 2023

OFFICE AND PROFESSIONAL

Principal Engineer/Land Surveyor………………………………………….$ 195.00 per hour

Associate Engineer/Land Surveyor……………...……………..……………$ 160.00 per hour

Assistant Engineer…………………………………………………..……… $ 140.00 per hour

Engineering Technician…………………………………………………….. $ 115.00 per hour

Clerical………………...…………………………………………………… $ 90.00 per hour

Trial, Testimony, and Forensic Work……………………………………….$ 350.00 per hour

FIELD

Survey Crew……………………………………………………………….. $260.00 per hour
Survey Crew with PREVIALING WAGES……………………………….. $340.00 per hour

MISCELLANEOUS COSTS

In house black and white prints on bond at $2.50 per sheet In house color prints on bond at $10.00 per sheet
In house mylar prints at $10.00 per sheet
Credit Card Processing Fee 3.5%

This Fee Schedule is subject to revision after December 31, 2023

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WRD # 23068 SCCO Freedom Campus
April 21, 2023

Effective September 1, 2022

Office Personnel Hourly Rates:

Principals $250 - 270
Project Architects/Managers $190 - 210
Construction Managers $190 - 200
Job Captains $165 - 185
Interior Designers $165 - 180
CAD Technicians $145 - 155
Administrative Assistants $110 - 125
Specialty Services Hourly Rates:

Expert Witness $400
Reimbursable Expenses:

Travel
Mileage Current Federal Rate
+15%
In House Charges
B&W prints/copies - Letter/Legal $ 0.25 per page
B&W prints/copies - Ledger $ 0.65 per page
Color prints/copies - Letter/Legal $ 0.80 each
Color prints/copies - Ledger $ 1.65 each
Fax Charges $ 0.50 per page
Comb Binding /Binders $ 6.00 each
Printing & Plotting
Bond 24” X 36” $ 3.50 per sheet
Bond 30” X 42” $ 4.50 per sheet
Color 24” X 36” $10.00 per sheet
Color 30” X 42” $14.00 per sheet
Scanning
8½” X 11” - Letter/Legal $ 0.55 per sheet
11” X 17” - Ledger $ 0.55 per sheet
24” x 36” $ 8.50 per sheet
30” x 42” $12.50 per sheet
Other Charges

Consultant charges are billed at cost, plus twelve (12%) percent.

Outside reproduction charges, government agency fees, postage, phone charges, travel, and related reimbursable expenses are billed at actual face value of the invoice, plus fifteen (15%) percent.

Staff travel time is billed at the office personnel hourly rates.

Fees subject to change

2340 Garden Road
Suite 100
Monterey, CA
93940-5347
T: (831) 649-4642
F: (831) 649-3530
www.wrdarch.com

General Rate Sheet 4
General Rate Sheet
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: May 30, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-125, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH SAN BENITO ENGINEERING AND SURVEYING, IN AN AMOUNT NOT-TO-EXCEED $100,000

WITH A TERM OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES TO AUGMENT THE CITY OF HOLLISTER’S ENGINEERING DEPARTMENT STAFF

BRIEF DESCRIPTION: Consider authorizing the City Manager to execute a contract amendment to the professional services agreement with San Benito Engineering and Surveying, in an amount not-to-exceed $100,000 with a term of six months, for additional professional engineering services to augment City of Hollister Engineering Department staff.

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a contract amendment to the professional services agreement with San Benito Engineering and Land Surveying, in the amount of $100,000.00 with a term of six months, for additional professional engineering services to augment City of Hollister’s Engineering Department staff.

DEPARTMENT SUMMARY: The City of Hollister’s Engineering Department requires augmenting staff to assist with (1) reviewing improvement plans and maps submitted to the City by developers; (2) reviewing the contract documents of capital improvement projects prepared by other consulting engineering firms; and (3) preparing exhibits, conceptual engineering plans, contract documents, and surveying for capital improvement projects.

The proposal includes an architectural consulting firm to better define the scope of work for building projects and estimate the cost of building projects for inclusion in the Capital Improvement Program.

As a local consulting engineering firm, San Benito Engineering and Surveying will be available to regularly meet with staff in person and is familiar with the City of Hollister.

FINANCIAL IMPACT: The contract amendment to augment Engineering Department staff shall not exceed the amount of $100,000. The funding source for work will be identified prior to each work assignment.

CEQA: Exempt

ATTACHMENTS:

1. San Benito Contract Amendment No. 1

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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE

CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH SAN BENITO ENGINEERING AND SURVEYING, IN AN AMOUNT NOT-TO-EXCEED $100,000 WITH A TERM OF SIX MONTHS, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES TO AUGMENT THE CITY OF HOLLISTER’S

ENGINEERING DEPARTMENT STAFF

WHEREAS, on January 17, 2017, the City of Hollister and San Benito Engineering and Surveying entered into a professional services agreement pursuant to City Council Resolution 2017-15; and

WHEREAS, the City of Hollister Engineering Department requires staff augmentation to assist with (1) reviewing improvement plans and maps submitted to the City by developers; (2) reviewing the contract documents of capital improvement projects prepared by other consulting engineering firms; and/or (3) preparing exhibits, conceptual engineering plans, contract documents and surveying for capital improvement projects; and

WHEREAS, San Benito Engineering and Surveying is qualified to perform the work described; and

WHEREAS, San Benito Engineering and Surveying is a local engineering consulting firm that will be able to meet regularly with City staff in-person and is familiar with the work required by the City of Hollister’s Engineering Department.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to execute a contract amendment to the professional services agreement with San Benito Engineering and Surveying, in an amount not-to-exceed $100,000 with a term of six months, for additional professional engineering services to augment the City of Hollister’s Engineering Department staff.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-125, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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SAN BENITO ENGINEERING
& SURVEYING, INC.

Anne E. Hall, R.C.E. 55611 Kenneth J. Weatherly, P.L.S. 6875 {COH RFP;1} 502 MONTEREY STREET HOLLISTER, CA 95023
PHONE (831) 637-2763 FAX (831) 854-9581
E-MAIL: [email protected]
Jun 8, 2023
Glen March
Development Services
375 Fifth St
Hollister, CA 95023
Re: City of Hollister-Request for Proposal
Dear Glen,
Thank you for the opportunity to give you a proposal for the City of Hollister.

Specifically, review of capital improvement project and development projects . Please review this proposal and let me know if it is suitable for your needs.

SCOPE OF WORK AND DELIVERABLES
•Review of capital improvement projects and development projects

ASSUMPTIONS
•Work will be variable, on a time and materials basis

COMPENSATION
Work will be billed on a time and materials basis in accordance with the attached fee schedule. The total given below is an estimated number based on the Scope of Work, Assumptions, and Fee Schedule. Any major change which affects the Scope of Work or Assumptions may require an adjustment of the fees shown below.

Estimated Fee _______________________________________ $100,000 Thank you again, and if you have any questions, please call me at 831-637-2763.

Anne E. Hall
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SAN BENITO ENGINEERING
& SURVEYING, INC.

Anne E. Hall, R.C.E. 55611 Kenneth J. Weatherly, P.L.S. 6875

{COH RFP;1} 502 MONTEREY STREET HOLLISTER, CA 95023
PHONE (831) 637-2763 FAX (831) 854-9581
E-MAIL: [email protected]

FEE SCHEDULE

OFFICE AND PROFESSIONAL
Principal Engineer ...................................................................................... $175.00 per hour Principal Surveyor ...................................................................................... $175.00 per hour Associate Engineer .................................................................................... $135.00 per hour Supervising Surveyor ................................................................................. $135.00 per hour Draftsman .................................................................................................. $110.00 per hour Clerical ....................................................................................................... $ 85.00 per hour Court Appearance and Deposition ............................................................. $250.00 per hour

FIELD

Survey Crew w/GPS .................................................................................. $300.00 per hour Construction Inspection .............................................................................. $175.00 per hour QSP/SWPPP Inspection ............................................................................ $135.00 per hour

MISCELLANEOUS COSTS

Transportation at $0.65 per mile
Reproduction, prints and materials at cost +25%
Outside Services at cost + 10%
24”x36” prints ................................................................................................. $2.20/sheet

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 12, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-126, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A LETTER OF SUPPORT FOR THE CITY OF HOLLISTER’S US DEPARTMENT OF TRANSPORTATION SAFE STREETS AND ROADS

FOR ALL IMPLEMENTATION GRANT APPLICATION FOR DESIGNING AND

CONSTRUCTING THE RECOMMENDED ENGINEERING IMPROVEMENTS IDENTIFIED IN THE CALAVERAS & R.O. HARDIN ELEMENTARY SCHOOLS SAFE ROUTES TO SCHOOL NEEDS ASSESSMENT AND PRELIMINARY RECOMMENDATIONS; AUTHORIZING THE

MAYOR TO SIGN THE LETTER OF SUPPORT THAT WILL BE INCLUDED IN THE GRANT APPLICATION; DIRECTING THE CITY MANAGER TO SUBMIT THE GRANT APPLICATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY

AGREEMENTS ASSOCIATED WITH THE GRANT, IF THE CITY IS AWARDED THE GRANT

BRIEF DESCRIPTION: Consider adopting a Resolution approving a letter of support for the City of Hollister’s US Department of Transportation Safe Streets and Roads for All Implementation Grant Application for designing and constructing the recommended engineering improvements identified in the Calaveras & R.O. Hardin Elementary Schools Safe Roads t o School Needs Assessment and Preliminary Recommendations; authorizing the Mayor to sign the letter of support that will be included in the grant application; directing the City Manager to submit the grant application; and authorizing the City Manager to execute all necessary agreements associated with the grant, if the City is awarded the grant.

RECOMMENDATION: Adopt a resolution approving a letter of support for the City of Hollister’s US Department of Transportation Safe Streets and Roads for All Implementation Grant Application for designing and constructing the recommended engineering improvements identified in the Calaveras & R.O. Hardin Elementary Schools Safe Roads to School Needs Assessment and Preliminary Recommendations; authorizing the Mayor to sign the letter of support that will be included in the grant application; directing the City Manager to submit the grant application; and authorizing the City Manager to execute all necessary agreements associated with the grant, if the City is awarded the grant.

DEPARTMENT SUMMARY: On April 21, 2014, the City Council adopted Resolution 2014-74 adopting the Calaveras & R.O. Hardin Elementary Schools Safe Routes to School Needs Assessment and Preliminary Recommendations (Study). The Study can be found on the City’s Engineering Department webpage.

Staff is working with the City’s grant consultant, California Consulting, Inc., to submit the grant application. The grant application is due July 10, 2023.

Staff would like to design and construct the improvements at the elementary schools identified in the Study. The recommended engineering improvements include curb extensions (bulb outs) that reduce the length of the pedestrian crossing and calm traffic, sidewalks to close sidewalk gaps; high visibility crosswalk, pavement markings, striping, and signage.

If the City is awarded the grant, the grant would pay for a portion of the design and/or construction of the recommended engineering improvements, that is, the grant requires 20% matching funds.

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Staff is also applying for a Safe Streets and Road for All Action Plan Grant to study create an action plan to identify the safe street improvements near schools, parks, and the community center. On May 15, 2023, the City Council adopted Resolution 2023 -82 approving a letter of support for the City of Hollister’s Safe Streets and Roads for All Grant Application; authoring the Mayor to sign the letter of support, and directing the City Manager to submit the application.

Staff intends to pursue a Safe Streets and Roads for All Implementation Grant to design and construct the improvements near schools, parks, and the community center after the action plan is adopted by City Council.

Since Resolution 2023-82 was adopted, the City’s grant consultant reviewed the Study and determined it substantially conforms to the requirements of an action plan, which is the prerequisite for applying for an implementation grant.

FINANCIAL IMPACT: The City has and will incur costs related to the preparation of staff reports, resolutions, and the application.

CEQA: Exempt

ATTACHMENTS:

1. Letter of Support

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A LETTER OF SUPPORT FOR THE CITY OF HOLLISTER’S US DEPARTMENT OF

TRANSPORTATION SAFE STREETS AND ROADS FOR ALL IMPLEMENTATION GRANT

APPLICATION FOR DESIGNING AND CONSTRUCTING THE RECOMMENDED ENGINEERING IMPROVEMENTS IDENTIFIED IN THE CALAVERAS & R.O. HARDIN

ELEMENTARY SCHOOLS SAFE ROUTES TO SCHOOL NEEDS ASSESSMENT AND PRELIMINARY RECOMMENDATIONS; AUTHORIZING THE MAYOR TO SIGN THE LETTER OF SUPPORT THAT WILL BE INCLUDED IN THE GRANT APPLICATION; DIRECTING THE CITY MANAGER TO SUBMIT THE GRANT APPLICATION; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS ASSOCIATED WITH THE

GRANT, IF THE CITY IS AWARDED THE GRANT

WHEREAS, the City Council recognizes the safety of children and others near schools is a significant concern; and

WHEREAS, on April 21, 2014, the City Council adopted Resolution 2014-74 adopting the Calaveras & R.O. Hardin Elementary Schools Safe Routes to School Needs Assessment and Preliminary Recommendations; and

WHEREAS, the recommended engineering improvements near the schools will increase the safety of children and others traveling near the school; and

WHEREAS, the US Department of Transportation Safe Streets and Roads for All Implementation Grants provides for up to 80% of the funding for the project; and

WHEREAS, the City will commit the necessary matching funds to the project, if awarded the grant; and

WHEREAS, the City Council wishes to pursue the Safe Streets and Roads for All Implementation Grant for the recommended engineering improvements identified in the Calaveras & R.O. Hardin Elementary Schools Safe Routes to School Needs Assessment and Preliminary Recommendations.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:

1. Approves a letter of support for the City of Hollister’s US Department of Transportation Safe Streets and Roads for All Implementation Grant Application for the recommended engineering improvements identified in the Calaveras & R.O. Hardin Elementary Schools Safe Roads to School Needs Assessment and Preliminary Recommendations;

2. Authorizes the Mayor to sign the letter of support that will be included in the grant application;

3. Directs the City Manager to submit the grant application; and

4. Authorizes the City Manager to execute all necessary agreements associated with the grant, if the City is awarded the grant.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

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Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-126, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

City Attorney
559-431-5600
Development Services
831-636-4340
City Manager
x 1014
Administrative Services
831-636-4301
Fire Department
831-636-4325
Police Dept.
831-638-4330
Telephone (831) 636-4300 ● Fax (831) 636-4310 ● www.hollister.ca.gov

June 20, 2023

U.S. Department of Transportation
Attn: Mr. Paul Teicher
1200 New Jersey Avenue SE
W84-322
Washington, DC 20590

Subject: City of Hollister’s Letter of Support
Safe Streets and Roads for All Implementation Grant
Design and Construction of Improvements at Calaveras and R.O. Hardin Elementary Schools

Dear Mr. Teicher and the U.S. Department of Transportation;

The City Council of the City of Hollister, California is pleased to support the City’s application for the U.S. Department of Transportation’s Safe Streets and Roads for All Implementation Grant.

On April 21, 2014, the City Council adopted Resolution 2014-74 adopting the Calaveras & R.O. Hardin Elementary Schools Safe Routes to School Needs Assessment and Preliminary Recommendations (Study).

The recommendations in the Study are consistent with the City of Hollister General Plan Circulation and Land Use requirements.

The City wishes to implement the design and construction of the recommended engineering improvements identified in Study.

The City cherishes it elementary school students and their parents and continue to seek ways to improve their safety. The recommended engineering improvements identified in the Study will do just that – improve their safety.

The Study was prepared by the San Benito County Council of Governments in cooperation with local agencies, school districts, and the public. The City of Hollister will continue to collaborate and work with our school, the public, and our local agency partners to implement this project and future projects.

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CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

City Attorney
559-431-5600
Development Services
831-636-4340
City Manager
x 1014
Administrative Services
831-636-4301
Fire Department
831-636-4325
Police Dept.
831-638-4330
Telephone (831) 636-4300 ● Fax (831) 636-4310 ● www.hollister.ca.gov

City Council believes that the City is deserving of the Grant to improve road safety at two of the City’s elementary schools that are attended by our cherished and vulnerable children.

Sincerely,

Mia Casey, Mayor
City of Hollister

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Community Services
William Via, Community Services
Director

TITLE OF ITEM: RESOLUTION NO. 2023-127, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER RETROACTIVELY APPROVING THE LETTER OF INTENT TO

HOST ELECTRICAL VEHICLE CHARGING STATIONS THROUGH THE CHARGING AND

FUELING INFRASTRUCTURE GRANT OPPORTUNITY AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE ANY SUBSEQUENT AMENDMENTS OR

MODIFICATIONS, AND OTHER NECESSARY DOCUMENTS

BRIEF DESCRIPTION: The City Council of the City of Hollister to review and accept the Letter of Intent to host Electrical Vehicle charging stations through the Charging and Fueling Infrastructure Grant Opportunity.

RECOMMENDATION: Adopt a resolution retroactively approving the Letter of Intent to host Electrical Vehicle charging stations through the Charging and Fueling Infrastructure Grant Opportunity and authorizing the City Manager or his designee to execute any subsequent amendments or modifications, and other necessary documents.

DEPARTMENT SUMMARY: The Association of Monterey Bay Area Governments (MBAG), of which the City is a member, has identified a Federal grant opportunity that provides funding to improve Electric Vehicle (EV) charging stations and alternative fueling infrastructure throughout the United States. The Charging and Fueling Infrastructure Grant Program (Grant) provides funding to strategically deploy publicly accessible electric vehicle charging infrastructure and other alternative fueling infrastructure. This grant program has two tracks: Corridor Charging (to deploy electric vehicle charging and hydrogen/propane/natural gas fueling infrastructure along designated alternative fuel corridors) and Community Charging (to install electric vehicle charging and alternative fuel in locations on public roads, schools, parks, and in publicly accessible parking facilities). Community Charging grants will prioritize rural areas as well as low-and moderate-income neighborhoods with low ratios of private parking, or high ratios of multiunit dwellings.

Both tracks of the Charging and Fueling Infrastructure Grant Program provide $1.25 billion for a total of $2.5 billion over 5 years. This first round of funding makes $700 million funding available from Fiscal Years 2022 and 2023 to strategically deploy EV charging infrastructure and other fueling infrastructure projects in urban and rural communities in publicly accessibl e locations, including downtown areas and local neighborhoods, particularly in underserved and disadvantaged communities. Federal cost-sharing is up to 80 percent; the applicant must provide the remaining 20 percent. The Grant allows the 20 percent match to be satisfied by contracting with a private entity for the installation, operations, and maintenance of the EV chargers; the private entity will invest the twenty percent required match. The Grant also will cover project management and design costs.

Our area only includes one Corridor Charging location, which is Highway 101, so the focus will be on Community Charging locations. Staff have identified eleven locations throughout the City for installation of these charging stations; including parks and publi c parking lots. AMBAG will apply for a $15 million grant and the funds will be dispersed throughout the counties of San Benito, Monterey, and Santa Cruz and the cities within those counties. The number of proposed A.19
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sites was determined by population and the actual number of sites where installations occur will depend on the cost for each location. All locations will need to be maintained for a period of five years.

FINANCIAL IMPACT: None

CEQA: Exempt per 14 CCR § 15301 (Class 1, minor alteration of existing structure),14 CCR § 15303 (Class 3, equipment for EV chargers), 14 CCR § 15304 (Class 4, minor trenching), and 14 CCR § 15311 (Class 11, minor structures appurtenant to existing facilities).

ATTACHMENTS:

1. Letter of Intent to host EV charging Infrastructure

2. EV Grant cfi_faqs

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RETROACTIVELY

APPROVING THE LETTER OF INTENT TO HOST ELECTRICAL VEHICLE CHARGING

STATIONS THROUGH THE CHARGING AND FUELING INFRASTRUCTURE GRANT

OPPORTUNITY AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS, AND OTHER

NECESSARY DOCUMENTS

WHEREAS, the Federal Charging and Fueling Infrastructure Grant Program provides funding to strategically deploy publicly accessible electric vehicle charging infrastructure and other alternative fueling infrastructure; and

WHEREAS, the Association of Monterey Bay Area Governments (MBAG) intends to apply for a grant to install Electric Vehicle charging stations; and

WHEREAS, the City of Hollister is a member of MBAG; and

WHEREAS, the Grant would pay for the installation of up to eleven EV charging stations in the City of Hollister; and

WHEREAS, MBAG requests a letter of intent to host the EV charging stations from the City of Hollister as part of the application process.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister retroactively approves the submission of a Letter of Intent to host EV charging stations as part of the Charging and Fueling Infrastructure Grant Program; and

BE IT FURTHER RESOLVED, that the City Manager or his designee are authorized to execute any subsequent amendments or modifications, and other necessary documents.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-127, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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1 Charging and Fueling Infrastructure (CFI)
Competitive Grant Program Q & A
5/5/2023

CFI Competitive Grant Program Questions and Answers
Except for the statutes and regulations cited, the contents of this document do not have the force and effect of law and are not meant to bind applicants in any way. This document is intended only to provide information regarding existing requirements under the law or agency policies.

Eligibility and Application Questions

Question 1: Who are the eligible entities that can apply for the CFI Grant Program?

Answer:

Please see NOFO Section C.1 entitled Eligible Applicants. Because ownership structures of potential applicants vary significantly across the country, an entity must evaluate the list of eligible applicants and demonstrate they are eligible for award. The ultimate determining factor regarding eligibility under the CFI Grant program is whether the entity is owned by a State, a political subdivision of a State, a metropolitan planning organization (MPO), or a local government as per 23 U.S.C. 151(f)(3)(G). For community grants only, the entity would also be eligible if it is a State or local authority with ownership of publicly accessible transportation facilities as per 23 U.S.C. 151(f)(8)(C)(ii). In this case, it is the responsibility of the applicant to demonstrate that entity ownership makes them eligible.

The application must be submitted by one lead applicant that meets the eligibility criteria contained in the NOFO Section C.1. The lead applicant may propose other organizations (such as a private company) as part of the applicant team. Generally, such other organizations would fall into a subrecipient/subcontractor role as defined in 2 CFR 200.331.

Question 2: What level of detail is required for the location of each charging or fueling station in the application? Is it sufficient to provide a general geographic location (e.g., a census tract), or do applicants need to include additional information such as site design?

Answer:

Applicants should provide as much information as possible for the location of the project site(s), keeping in mind the award is limited to the project and location as described in the application. If there is some uncertainty regarding the location, this should be described in detail in the application and the potential sites discussed.

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2 In addition, the NOFO describes multiple types of information related to the project site that should be included in a complete application (including but not limited to NOFO sections A.1.i, A.1.ii, C.3, C.4, C.5, D.2.i, D.2.iv, E.1.iv, E.1.v, E.1.vi). As part of the review and selection process, the Project Merit Criteria listed in section E.1.iv of the NOFO will be used to evaluate the application.

Question 3: Do the National Electric Vehicle Infrastructure Standards and Requirements (23 CFR Part 680) apply to CFI Grant project(s)?

Answer:

Yes. The National Electric Vehicle Infrastructure Standards and Requirements (23 CFR Part 680) apply to Community and Corridor CFI recipients that include electric vehicle (EV) infrastructure projects. They do not apply to awards for other eligible alternative fuel infrastructure projects. See the NEVI Resources website for more information.

Question 4: Can an applicant request funding for utility work related to installing EV charging infrastructure?

Answer:

Yes. Costs to acquire and install on-site electric service equipment (e.g., power meter, transformer, switch gear) are eligible.

Costs for minor grid upgrades are also eligible, provided the work is necessitated solely by the construction or upgrading of the EV charging station and participation in the upgrade does not exceed the allocable cost of the minimum upgrades needed to match the planned power requirements of the EV charging station. A minor grid upgrade is defined as the work necessary to connect an EV charging station to the electric grid distribution network; for example, extending power lines or upgrading existing power lines several miles.

However, major grid upgrades, such as longer line extensions or upgrades, improvements to offsite power generation, bulk power transmission, or substations are ineligible.

Question 5: What is the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool and is it required as part of my application to the CFI Grant Program?

Answer:

Argonne National Laboratory created a customized version of the AFLEET tool specifically for applicants to the CFI Grant Program. The AFLEET CFI Emissions Tool estimates well-to-wheel greenhouse gas emissions, vehicle operation air pollutant emissions (CO, NOx, PM10, PM2.5, VOC, SOx) and Fuel Dispensed.

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3 The use of the ALFEET tool is required for the CFI Corridor Program as listed under the Corridor Program heading in section D.2.i of the NOFO. Applicants to the CFI Community Program must demonstrate and explain how their project will significantly reduce greenhouse gas emissions and may choose to use the AFLEET CFI tool.

Applicants can download the spreadsheet from the AFLEET CFI website. Instructions in the spreadsheet explain where to enter a few key pieces of information (location of project, number of charging or fueling stations, etc.) about the project. Then the spreadsheet will calculate the emissions reductions in a table format that can be copied and pasted directly into grant applications.

Please contact Argonne National Labs if you need assistance at: [email protected].

Question 6: Are medium-/heavy-duty charging depots or similar commercial truck related facilities eligible?

Answer:

Yes. They must be “publicly accessible,” as discussed in the NOFO.

Contracting and Subgrants

Question 7: Is a CFI Grant recipient required to contract with a private entity to implement a CFI Grant project?

Answer:

It depends. The CFI Corridor Program requires, as per 23 U.S.C. § 151(f)(6)(A), that CFI Grant recipients contract with a private entity(ies) for the acquisition, construction, and installation of publicly accessible charging or fueling infrastructure. Corridor Program recipients may, but are not required to, contract with a private entity for operations and maintenance as per 23 U.S.C. § 151(f)(6)(C). The CFI Community Program states at 23 U.S.C. § 151(f)(8)(H) that CFI Grant recipients may, but are not required to, contract with a private entity (or private entities) for the acquisition, construction, installation, maintenance and/or operation. For other allowable costs, including other project services, the CFI Grant recipient has the discretion to determine their contracting needs to complete the project in compliance 2 CFR part 200. Under the CFI Program, a “private entity” means a corporation, partnership, company, or nonprofit organization as per 23 U.S.C. § 151(f)(1).

Note: Contracting with a private entity may entail one contract with one private entity, or multiple separate contracts with different private entities, to provide the acquisition, construction, installation, maintenance, and/or operation of publicly accessible charging or fueling infrastructure. The decision to issue one or multiple contracts is up to the CFI Grant recipient.

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4 Question 8: Is a competitive procurement process required for contracts with private entities for acquisition, construction, installation, maintenance, and/or operation of charging or fueling infrastructure?

Answer:

Yes. The CFI grants are subject to the Procurement Standards included in 2 CFR 200.317 through 200.327 and 2 CFR 1201.317. All contracts under this program with private entities for the acquisition, construction, installation, maintenance, and/or operation of publicly accessible charging or fueling infrastructure must be conducted in a manner providing full and open competition consistent with the standards of 2 CFR 200.319 and 200.320, and (for State DOTs) 23 CFR 635 and 23 CFR 636. Please refer to question 12 on real property interests for additional information.

Question 9: The NOFO says, “Eligible entities that contract with a private entity as required for the Corridor Program or as permitted by the Community Program must include in those contracts a condition that the private entity shall be responsible for the share of the project cost carried out with CFI Program funds that is not paid by the Federal Government." Can the applicant give the 20 percent match to the private entity or pay it on their behalf?

Answer:

No. The CFI Recipient cannot give the 20 percent match to the private entity or pay it on their behalf. As per 23 U.S.C. 151(f)(10), the Federal share for the cost of a project carried out with these grants shall not exceed 80 percent. The CFI Grant Recipient is ultimately responsible for ensuring the cost share is satisfied, but the statute requires that the private entity shall agree to provide the 20 percent match.

Question 10: Can a CFI Grant recipient use a contractor that was selected before submitting a CFI application or receiving CFI grant funds for their project?

Answer:

Yes. The competitive procurement process for the acquisition, construction, installation, maintenance, and/or operation of charging or fueling infrastructure may occur before or after submittal of the CFI Grant application.

Before Submitting Grant Application: If an applicant conducted a competitive procurement prior to submittal of a CFI Grant application, the applicant should name the private entity contractor(s) in the application and demonstrate the contractor(s) were selected in a manner that provided full and open competition consistent with the standards of 2 CFR 200.319 and 200.320, and (for State DOTs) 23 CFR 635 and 23 CFR 636.

After Submitting Grant Application: If an applicant proposes to conduct a competitive procurement after submittal of a CFI Grant application, the applicant should describe their planned procurement in the application and confirm the contractor(s) will be selected in a A.19.b
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5 manner that will provide full and open competition consistent with the standards of 2 CFR 200.319 and 200.320, and (for State DOTs) 23 CFR 635 and 23 CFR 636.

Pre-CFI Program Grant award costs (costs incurred prior to execution of a grant agreement or authorization in Financial Management Information System) will not be reimbursed. The existence of any such contract does not obligate the FHWA to select an application for an award – the applicant bears all the risk and obligations under any such contract, including the risk of compliance with applicable Federal procurement requirements.

Question 11: How can an applicant satisfy the additional considerations as listed in Section E.1.vi. of the NOFO for the Corridor Program regarding the contracted private entity’s financial statements and experience in installing and operating charging or fueling infrastructure in the grant application?

Answer:

Applicants who name their proposed private entity in the application, based on a previously conducted competitive procurement, may submit the relevant information regarding the named private entity in the application as an attachment using the Attachments Form in Grants.gov.

Applicants who plan to select their private entity using a competitive procurement process after being selected to receive a CFI grant award may submit a description of the applicant’s plan to obtain the relevant information after award.

Question 12: A private business reached out to an eligible applicant to serve as a site host for a CFI Grant project. Are costs associated with the site host reimbursable under the CFI Grant Program?

Answer:

Yes. Site rental or lease costs are allowable per 2 CFR 200.465, Rental Costs of Real Property and Equipment. Per paragraph (a) of the section, “rental costs are allowable to the extent that the rates are reasonable in light of such factors as: rental costs of comparable property, if any; market conditions in the area; alternatives available; and the type, life expectancy, condition, and value of the property leased. For additional information, please refer to question 17 on the length of time that the charging or alternative fuel stations need to remain publicly available after installation.

Question 13: Would the applicant be allowed to partner with this site host without competitively bidding for site selection in the area?

Answer:

Yes. The project site may be selected without competition and named in the application as a site host only. Independent rental or lease agreements for project site are not considered to be a A.19.b
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6 procurement transaction that requires full and open competition under 2 CFR 200.319 and 200.320.

If a site host will also participate in performing construction, installation, operations and/or maintenance, the competitive procurement requirements do apply and, as such, the site host cannot be selected without competition. All contracts under this program with private entities for the acquisition, construction, installation, maintenance, and/or operation of publicly accessible charging or fueling infrastructure must be conducted in a manner providing full and open competition consistent with the standards of 2 CFR 200.319 and 200.320, and (for State DOTs) 23 CFR 635 and 23 CFR 636.

In addition, the CFI Grant recipient must have appropriate real property interests for the project compliant with 23 CFR 1.23 and Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

Question 14: Can eligible applicants (e.g., a State, county government, local government, etc.) apply for funds with the intention of subgranting funds based on a subsequent Notice of Funding Opportunity?

Answer:

Yes. Under 2 CFR 200.331, CFI Grant recipients may perform some or all the award through a subgrant.

Question 15: Can eligible applicants propose to subgrant funds to another entity as a subrecipient?

Answer:

Yes. If the relationship reflects a subrecipient relationship under 2 CFR 200.331, then the requirements for pass-through entities in 2 CFR 200.332 apply.

Question 16: What is the difference between subrecipient and a contractor as defined in 2 CFR 200.1 and discussed in 2 CFR 200.331?

Answer:

Subrecipient means an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Ultimately, the direct recipient is responsible for ensuring Federal requirements outlined in the award are followed however, the rights and the obligations stated in the prime grant terms and conditions generally flow down to a subrecipient as per 2 CFR 200.332. The subrecipient is responsible for programmatic decision making, is responsible for ensuring Federal requirements outlined in the subaward are followed, and uses the Federal funds to carry out a program of the organization as opposed to providing A.19.b
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7 goods or services to the prime grantee. The 2 CFR 200 Procurement Standards apply to contractor awards but not to subrecipient awards.

Contractor means an entity that receives a contract. Contract means a legal instrument by which a recipient or subrecipient purchases property or services needed to carry out the project or program under a Federal award. A contract is for the purpose of obtaining goods and services for the recipient’s or subrecipient’s own use and creates a procurement relationship with the contractor. Characteristics indicative of a procurement relationship between the recipient/subrecipient and a contractor are when the entity receiving the Federal funds: 1.

Provides the goods and services within normal business operations. 2. Provides similar goods or services to many different purchasers. 3. Normally operates in a competitive environment. 4.

Provides goods or services that are ancillary to the operation of the Federal program. 5. Is not subject to compliance requirements of the Federal program as a result of the agreement.

Typically, a contractor may be an expert advisor or service provider who is paid a fee for services or product rendered and delivered to the recipient/subrecipient. The 2 CFR 200 Procurement Standards apply to contractor awards but not to subrecipient awards.

Question 17: Does the Disadvantaged Business Enterprise (DBE) Program apply to CFI Grant Program projects?

Answer:

Yes. As stated in section F.2 of the NOFO, DBE applies to the CFI Program.

Operations and Maintenance

Question 18: Would an eligible applicant have to own and/or operate charging or fueling station(s) funded through the CFI Community and the CFI Corridor Grant Programs?

Answer:

No. The NOFO does not require the CFI Grant recipient to own or operate the charging or fueling stations.

Question 19: How long will the charging or alternative fuel stations need to remain publicly available after installation? What happens if there is a change in property ownership and the new owners want to make the property private?

Answer:

For EV charging infrastructure, 23 CFR 680 requirements apply to Community and Corridor CFI projects. 23 CFR § 680.106(i) provides that States or other direct recipients must ensure that chargers are maintained in compliance with 23 CFR 680 for a period of not less than 5 years from the initial date of operation. Grantees must ensure that this provision is met even if there are changes in ownership of the EV charging stations. For other alternative fuel stations, grantees should specify the minimum period of operation.

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8 Fees and Access

Question 20: Are there requirements for days/hours that charging or fueling stations must be open to the public?

Answer:

It depends. For EV charging stations, 23 CFR 680.106(e) addresses availability requirements.

EV charging stations located along and designed to serve users of designated AFCs must be available 24 hours per day, 7 days per week. This includes stations funded through the CFI Corridor Grant Program. EV charging stations in other locations must be available at least as frequently as the business operating hours of the site host. This includes stations funded through the CFI Community Grant Program. For other alternative fuel stations, grantees should specify the minimum hours of operation.

Question 21: Can a fee be charged to customers for charging or fueling at project sites funded under the CFI Grant Program?

Answer:

In general, yes. A fee can be charged to users for a charging session or for refueling.

However, locations located within the right-of-way of the Interstate System cannot charge a fee for commercial activities unless they meet the exception under 23 U.S.C. 111 (a) or Federal funds have never been used on that highway.

For EV charging infrastructure, 23 CFR 680 requirements apply to community and corridor CFI projects. See 23 CFR 680.106(m) “Use of Program Income” and 23 CFR 680.116(a) “Communication of Price”.

Question 22: Are fees to gain access to a charging or fueling station in a parking garage or a parking lot allowed?

Answer:

No. For both the Community and Corridor CFI Grant Programs, per the footnote on p.1, the NOFO states, “Publicly accessible means the equipment is available to the public without restriction. A station that is not maintained or restricts access only to customers, tenants, employees, or other consumers is not publicly accessible.”

Additionally, in section A.1.i, the NOFO states, “Fees to gain access to the charging or fueling infrastructure funded by this grant are not permitted.”

Fees associated with gaining access to parking facilities such as garages or lots are not allowed per this definition of publicly accessible.

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9 Other parking fees, dwell time fees, connection fees, or fees charged for occupying the site while charging or fueling or after the charging or fueling session is complete are allowed and should be clearly displayed and explained to the public. In addition, EV charging infrastructure must comply with 23 CFR 680.116(a) “Communication of Price”

Question 23: Are reservation systems to reserve a charging or fueling space allowed?

Answer:

Yes. A reservation system is allowed so long as the reservation system is open and available for the general public to use.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 15, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-128, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION (HFFU), LOCAL 3395

BRIEF DESCRIPTION: Hollister Firefighters Union (HFFU) and the City met over a period of several months to explore options and ideas about amending the existing Memorandum of Understanding (MOU) between the City and HFFU, which is currently active and has a term expiring June 30, 2024. As a result, the City and HFFU have agreed to a Side Letter of Agreement amending the HFFU MOU, which will be considered by Council.

RECOMMENDATION: Authorize the Interim City Manager to execute the Side Letter of Agreement, amending the MOU between the City of Hollister and the Hollister Firefighters Union (HFFU), Local 3395.

DISCUSSION: The Hollister Firefighters Union (HFFU), Local 3395 represents employees working in the City of Hollister Fire Department. In March 2023, HFFU approached the City to discuss evolving levels of service, changes to firefighter training and certification requirements, and the dynamic labor market. This discussion also included an analysis of neighboring, comparable fire departments, their labor agreements, and associated provisions related to state and local firefighter training requirements.

HFFU and the City met over a period of several months to explore options and ideas about amending the existing Memorandum of Understanding (MOU) between the City and HFFU, which is currently active and has a term expiring June 30, 2024. The City included the Fire Chief in these discussions to understand how potential modifications to the MOU could support the department’s operational needs while also keeping the City a competitive employer.

As a result, the City and HFFU have agreed to a Side Letter of Agreement amending the HFFU MOU. A copy of the Side Letter has been attached to this staff report. Only the items identified in the Side Letter will be amended and all other portions of the MOU will remain in effect.

FINANCIAL IMPACT: Funding for this item has been included in the FY 2023-24 Recommended Budget. Funding for future years will be presented to the City Council as part of the annual budget process.

CEQA: N/A

ATTACHMENTS:

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1. Side Letter of Agreement between the City of Hollister and the Hollister Firefighters Union

06.20.2023

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A

SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION (HFFU), LOCAL 3395

WHEREAS, representatives of the City of Hollister and the Hollister Firefighters Union (HFFU), Local 3395, an organization representing City of Hollister employees, have met and conferred in good faith concerning subjects of bargaining; and

WHEREAS, understandings and agreements have been reached between the bargaining representatives; and

WHEREAS, the agreement was ratified by the HFFU members; and

WHEREAS, both parties have agreed to enter into a Side Letter of Agreement amending portions the existing Memorandum of Understanding (MOU) between the City of Hollister and HFFU with the term of July 1, 2021 through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hollister authorizes the execution of a Side Letter of Agreement between the City of Hollister and the Hollister Firefighters Union, Local 3395, amending portions of the existing MOU with the term of July 1, 2021 through June 30, 2024, and the Interim City Manager of the City of Hollister is hereby authorized to execute said Side Letter of Agreement.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-128, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Side Letter of Agreement Between
City of Hollister and Hollister Firefighters Union (HFFU), Local 3395

ARTICLE 5. Salary and Special Compensation of the Memorandum of Understanding (MOU) is amended to include two sections listed below. No other portions of the MOU shall change.

M. 40-Hour Training Assignments

HFFU members that have been assigned by the Fire Chief, or designee, to a 40-hour work schedule specific to the training of a new hire academy shall receive a nine percent (9.00%) temporary salary increase for the duration of the assignment. While on a 40- hour assignment, the employee’s Holiday Pay will be pro-rated for its duration.

However, the Employee’s Sick and Vacation time will accrue at the 56-hour accrual rate.

Furthermore, the Employee will not be allowed to work any 56-hour shift overtime.

This provision will be retroactive, starting May 1, 2023.

N. State Registered Instructor

Employees who have successfully completed probation as a Hollister Firefighter, and who successfully complete the State Fire Marshal Registered Instructor criteria, shall be eligible to receive a nine percent (9.00%) increase to the employee’s base salary.

The total number of State Certified Instructors receiving the pay differential shall not exceed four (4) total individuals at any time.

City of Hollister and HFFU Local 3395 will meet and confer annually to discuss the number of State Certified Instructors receiving the pay differential based on the number of qualified personnel, department need, and to establish a selection process should the qualified personnel exceeds the allotted number from above.

Examples of a selection process could contain: state training requirements changes, rotational basis requirements, seniority, and resume qualification review.

Members of the Bargaining unit who are considered Registered Instructors by the State Fire Marshal and who maintain Registered Instructor status as designated by the State Fire Marshal shall maintain a minimum of the associated classes as required by the State Fire Marshal and maintain required recertification. Proof of this certification must be kept on-file with the City’s Human Resources Division.

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If an individual loses status as a credentialed California State Fire Training Instructor, that individual is required to immediately notify the City of Hollister’s Fire Chief and Human Resources Division in writing within seven (7) calendar days. Any individual losing status as a California State Fire Training Instructor shall immediately become ineligible to receive any pay differential associated with the City of Hollister’s California State Fire Training Instructor Program.

Individuals receiving the State Registered Instructor pay differential are responsible for training employees and coordinating training within the department, including the issuance of State Fire Marshal certifications. Individuals receiving the State Registered Instructor pay differential are also responsible for coordinating and leading fire academies and other trainings when the City of Hollister Fire Department’s training facility plays host to external agencies and non-employees.

Employees receiving the State Register Instructor pay differential shall be responsible for the following:

 Monitoring and implementing new law changes; and
 FEMA Training; and
 Hazardous Materials Training; and
 Instructor and Evaluator Development; and
 National Wildfire Coordinating Group and California-Specific Training; and  Miscellaneous Specialized Training; and
 Aircraft Rescue and Fire Fighting Awareness; and
 Leadership and Management Training; and
 Technical Rescue Training; and
 Water Rescue Training; and
 Coordinating with City Human Resources for a department wellness plan; and  Other Appropriate Training as Identified by the Fire Chief.

CITY OF HOLLISTER HFFU, Local 3395

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 15, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-129, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER POLICE OFFICERS

ASSOCIATION (HPOA)

BRIEF DESCRIPTION: The Memorandum of Understanding (MOU) between the City of Hollister and the Hollister Police Officers Association (HPOA) group is scheduled to expire on June 30, 2023. As a result, the City and members from HPOA have met and conferred in good faith over the past several months to discuss changes to the MOU, which will be considered by the Council.

RECOMMENDATION: Authorize the Interim City Manager to execute the amended MOU between the City of Hollister and HPOA.

DISCUSSION: The Memorandum of Understanding (MOU) between the City of Hollister and the Hollister Police Officers Association (HPOA) group is scheduled to expire on June 30, 2023. As a result, the City and members from HPOA have met and conferred in good faith over the past several months to discuss changes to the MOU.

As a result, the City and HPOA have agreed to terms amending the MOU, including an amendment to extend the term of the MOU by one year with a new expiration date of June 30, 2024. A full copy of the updated MOU, including strike-through formatting to identify the changes, has been included as part of this staff report.

FINANCIAL IMPACT: Funding for this item has been included in the FY 2023-24 Recommended Budget. Funding for future years will be presented to the City Council as part of the annual budget process.

CEQA: N/A

ATTACHMENTS:

1. HPOA MOU Red Line - 07.01.2023 - 06.30.2024

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE

HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA)

WHEREAS, representatives of the City of Hollister and the Hollister Police Officers Association (HPOA), an organization representing City of Hollister employees, have met and conferred in good faith concerning subjects of bargaining; and

WHEREAS, understandings and agreements have been reached between the bargaining representatives; and

WHEREAS, the agreement was ratified by the Hollister Police Officers Association members; and

WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2023 through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and Hollister Police Officers Association for the term of July 1, 2023 through June 30, 2024, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-129, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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MEMORANDUM OF UNDERSTANDING

Between the

City of Hollister

And the

Hollister Peace Officers Association (H.P.O.A.)

August 28, 2021 – June 30, 2023
July 1, 2023 – June 30, 2024
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TABLE OF CONTENTS

Article 1. Preamble Page 1

Article 2. No Discrimination Page 1

Article 3. Recognition Page 1

Article 4. Maintenance Of Benefits Page 1

Article 5. Salary And Special Compensation

A. Salary Adjustments Page 1
B. Cost of Living Adjustments (COLA) Page 2
C. Deferred Compensation Plan Page 2
D. Longevity Bonus Page 2
E. Retirement Page 3
F. Overtime Page 5
G. Call Back Pay Page 6
H. Court Time/DMV Hearing/Telephone Standby
Pay For Court/Parole Hearing Page 6
I. Bilingual Allowance Page 6
J. Field Training Officer Assignment Page 7
K. Senior Police Officer Page 7
L. Detective Assignment Page 8
M. Motorcycle Pay Page 8
N. Gang Enforcement Training Officer Page 8
O. Shift Differential Page 9
P. Retention Bonus Page 9
Q. Recruitment and Retention Measures Page 9

Article 6. Insurance

A. CalPERS Medical Page 10
B. Health Insurance Options Page 11
C. Section [125] Flexible Benefits/Cafeteria Plan Page 11 D. Terms for Health Care Participation Page 12
E. Health Care Contributions Page 12
F. Vision Insurance Page 12
G. Dental Insurance Page 12
H. Life Insurance Page 12
I. Long Term Disability Insurance Page 13
J. Health Insurance Waiver Option Page 13
K. Optional Health Benefits Page 13
L. Flexible Spending Accounts (FSA’s) Page 14
M. Voluntary Life Insurance Page 14
N. Miscellaneous Page 14

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TABLE OF CONTENTS (CONTINUED)

Article 7. Educational Incentive/Professional Development Incentive

A. Amount of Payments - Sworn Page 14
B. Professional Development Incentives - Non-Sworn Page 15

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

A. Job Related Disabilities Page 16
B. Americans With Disabilities Act Page 16

Article 9. Uniform Allowance And Safety Equipment

A. Uniform Allowance Page 16
B. Boot Allowance Page 16
C. Safety Equipment Page 17

Article 10. Grievance Procedure: Sworn Personnel

A. Definition Page 17
B. Stale Grievance Page 17
C. Informal Discussion with Employee's Supervisor Page 17 D. Formal Written Grievance to Employee's
Supervisor Page 17
E. Grievance to Department Head/City Manager Page 18
F. Waiver of Appeal Steps Page 18
G. Advisory Fact Finding of Grievances Page 18
H. Selection of a Fact Finder Page 18
I. Duty of a Fact Finder Page 18
J. Payment of Costs Page 18
K. Effect of Failure of Timely Action Page 19

Article 11. Grievance Procedure: Non-Sworn Personnel

A. Definition Page 19
B. Stale Grievance Page 19
C. Informal Discussion with Employee's Supervisor Page 19 D. Formal Written Grievance to Employee's
Supervisor Page 19
E. Grievance to Department Head/City Manager Page 20
F. Waiver of Appeal Steps Page 20
G. Advisory Fact finding of Grievances Page 20
H. Selection of a Fact Finder Page 20
I. Duties of a Fact Finder Page 20
J. Payment of Costs Page 21
K. Effect of Failure of Timely Action Page 21

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TABLE OF CONTENTS (CONTINUED)

Article 12. Leaves

A. Bereavement Leave Page 21
B. Family Sick Leave - Within Existing Benefits Page 21

Article 13. Layoff

A. Order of Layoff Page 22
B. Seniority Determination Page 23
C. Re-employment Page 23

Article 14. Miscellaneous

A. Personnel Notices Page 23
B. Tuition Aid/Reimbursement and Tuition Reimbursement Page 23 Advancement Program
C. Vacation Accrual and Vacation Allowance Page 25
D. CalPERS Credit for Unused Sick Leave Page 25
E. Sick Leave Conversion to Cash Page 26
F. Probationary Period Page 26
G. Separation in Good Standing Page 27
H. Recruitment Incentives for Sworn Personnel Page 27 I. Work Schedules Page 27
J. Police Funeral Attendance Page 28
K. New Employee Orientation Page 28
L. Automatic Payroll Deposit Page 28

Article 15. Maintenance Of Operations Page 28

Article 16. Prevailing M.O.U. Page 28

Article 17. Holidays And Holiday Pay Page 29

Article 18. Drug Free Workplace Policy Page 30

Article 19. Savings Clause Page 30

Article 20. Union Business Page 30

Article 21. Term Page 30

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EXHIBITS

Exhibit A Revised Police Department Performance Evaluations Attachment

Article 1. Preamble

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

Article 2. No Discrimination

The City and the Association will cooperate in pursuing a policy of no discrimination of affirmative action. Any management established City advisory employee committee relating to affirmative action shall provide for Association representation on said committee. The City and Association further agree that no person employed by, or applying for employment, shall be discriminated against because of race, religion, creed, political affiliations, color, national origin, ancestry, age, or sex, unless defined as a bona-fide occupation qualification as defined by Federal or State law. The employer also agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Association. Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.

Article 3. Recognition

Pursuant to Section 3500-3510 of the Government Code, the City certifies the Association as the recognized employee organization for a unit including the classifications of Police Officer, Police Officer Trainee, Crime Prevention/Youth Services Coordinator, Police Sergeant, Police Services Officer, Multi-Services Officer, Police Services Supervisor and any other classes assigned to the Police Department except clerical and management.

Article 4. Maintenance Of Benefits

The articles included in this agreement constitute a full and complete agreement with the City and Association on all matters within the scope of representation for the period stated in Article 20. Term.

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

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Article 5. Salary And Special Compensation

A. Salary Adjustments

1. Compensation Adjustments

Sworn Unit Classifications

a. Effective the pay period beginning August 28, 2021, the City shall apply a seven and a half percent (7.5%) across-the-board increase to the base salary of all classifications.

b. Effective the first full pay period after July 1, 2022, the City shall apply a three and a quarter percent (3.25%) across-the-board increase to the base salary of all classifications.

a. Effective the first full pay period after July 1, 2023, the City shall apply a six percent (6.00%) across-the-board increase to the base salary of all sworn classifications.

Non-Sworn Unit Classification

a. Effective the pay period beginning August 28, 2021, the City shall apply a two and a half percent (2.5%) across-the-board increase to the base salary of all classifications.

b. Consolidate Non-Sworn classifications up to Multi-Service Officer classification

a. Effective the first full pay period after July 1, 2023, the City shall apply a six percent (6.00%) across-the-board increase to the base salary of all non-sworn classifications.

2. Supervisor Salary Separation

a. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Sergeant and Police Officer during the term of this M.O.U.

b. The City agrees to maintain a fifteen percent (15%) salary differential between the Police Services Supervisor and Police Services Officer during the term of this M.O.U.

B. Cost of Living Adjustments (COLA)

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1. Sworn and Non-Sworn Unit Classifications

A Cost of Living Adjustment (COLA) shall be applied to all unit classifications effective the first full pay period after July 1, 2022. The COLA shall be applied by the following method:

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

C. Deferred Compensation Plan

The City shall continue, during the term of this M.O.U., to provide a voluntary Deferred Compensation Plan for all employees of this unit.

D. Longevity Bonus

1. Non-Sworn Employees

Non-sworn members in this bargaining unit, who complete the following specified consecutive years of service prior to or after the effective date of this MOU, shall be paid the following:

Number of Consecutive Years Longevity Bonus

5-9 years Three percent (3%) of base salary
10-14 years Three Six percent (3%) (6%) of base
salary
15-19 years Six Nine percent (6%) (9%) of base
salary
20 or more years Nine Twelve percent (9%) (12%) of base salary

3. Sworn Employees

Sworn employees may contribute to the PORAC Retiree Medical Trust by contributing on their own behalf.

Sworn members in this bargaining unit, who complete the following specified consecutive years of service, shall be paid the following:

Number of Consecutive Years Longevity Bonus

5-9 years Three percent (3%) of base salary
10-14 years Three Six percent (3%) (6%) of base
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salary
15-19 years Six Nine percent (6%) (9%) of base
salary
20 or more years Nine Twelve percent (9%) (12%) of base salary

E. Retirement

1. Sworn Unit Contributions

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

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

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

2. Non-Sworn Unit Contributions

Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2.5% @ age 55” Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees’ contribution.

Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2% @ age 60” Retirement Benefit Plan shall pay seven percent (7%) A.21.a
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of their Compensation as part of the Employees’ contribution.

Tier 3
c. Effective on or after January1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a “new member” under the Public Employee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.

3. 1959 Survivor's Death Benefit

The City agrees to continue the Fourth Level of the CalPERS 1959 Survivor's Death Benefit for all eligible unit members represented by the Association. The City further agrees to continue to pay the employer rate contribution with the employees represented by the Association continuing to pay the member rate contribution.

4. One Year Final Compensation Benefit

a. The City agrees to continue the CalPERS Section 20042 "One Year Final Compensation" benefit for eligible Non-Sworn (Local Miscellaneous Members as defined by CalPERS) and Sworn Association Members.

b. The City shall pay all of the employer contributions to CalPERS for each eligible member of the Association for this benefit.

5. Modifications

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

6. Participation in the PORAC Retiree Medical Trust-Sworn Employees

a. Mandatory Employee Contributions. The City of Hollister (the "City") and the Association agree that the City shall withhold mandatory contributions of $100 per month on a pre-tax basis from the pay of every sworn employee covered by this MOU and remit such contributions to the PORAC Retiree Medical Trust (the "Trust") or another employee retiree health benefits trust designated by the Association. The amount of contributions shall be included as salary for the purpose of calculating pension benefits, and there shall be no employee election to take the amount in cash.

The purpose of the Trust is to provide retiree health expense reimbursement benefits.

The Trust shall be and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this MOU. Further, the City hereby acknowledges receipt of the Trust Agreement A.21.a
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governing the PORAC Retiree Medical Trust.

b. Reporting and Remittance of Contributions. The City shall comply with the rules set by the Trust Office regarding the reporting and remittance of the above mandatory contributions, and agrees to:

(i) Remit the contributions to the Trust on a monthly basis for the duration of the Memorandum of Understanding, or until a successor agreement has been agreed upon, in one aggregate payment via ACH or wire transfer to the custodian of the PORAC Retiree Medical Trust; and

(ii) Submit a list of contributing employees to the Plan Administrator, Delta Health Systems, attention: Ms. Cindi Forbes, 555 W. Benjamin Holt Drive, Suite 320, Stockton, California, 95207.

(ii) Electronically submit a monthly contribution report to the Trust, including a list of contributing employees. The monthly contribution report shall conform to the format request by the Trust and shall include name, social security number, contact information, and amount contributed for each employee.

(iii)Notify the Trust of when a new employee begins participation in the Trust and when a participating employee separates employment.

c. Modification of Contribution Amount. The City and the Association agree that the Association has the right, subject to approval of its members and according to the Association’s internal rules, to prospectively modify the amount of the mandatory sworn employee monthly contribution, so long as the modification is made for all sworn employees covered by this MOU, and the total amount of contributions per employee equals a minimum of $100 up to a maximum of $400, in any increment of $50.

F. Overtime

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

2. At the time overtime is worked, the employee has the option to request either overtime compensation or compensatory time.

3. Unit members may accrue up to a maximum of two-hundred forty (240) hours two hundred eighty (280) hours of compensatory time. Unit members may not take more A.21.a
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than sixty (60) hours of accrued compensatory time in conjunction with any other accrued leave balances. An employee in this unit shall be allowed to cash out any portion or all of their compensatory time balances at any time.

4. Whether or not the requested compensatory time is granted, in lieu of overtime pay, shall be at the sole discretion of Management.

5. Requests for compensatory time off should be made to an employee's immediate supervisor a minimum of five (5) work days prior to the beginning of the fir st work day requested off.

6. Management shall approve or reject a request for compensatory time off within two (2) management working days of the request.

7. The City agrees that additional hours devoted to training, the employee has the option to request either overtime compensation or compensatory time at the rate of time and one-half.

G. Call Back Pay

Any member of this unit who is called back to work after he/she has worked their scheduled shift and has departed from the place of employment shall be compensated with overtime for the time worked at the rate of time and one-half with a minimum of three (3) hours.

H. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing

1. An employee of this unit who is required to attend/standby court/hearing shall be compensated a minimum of four (4) hours callback time at time and one-half, and for each hour thereafter at the employee’s regular hourly rate of pay.

2. An employee of this unit who is required to be available by telephone for Court/DMV Hearing/Parole Hearing, shall be compensated a minimum of two (2) hours overtime at time and one-half, or one-half hour overtime at time and one-half for every hour on standby, whichever is greater.

I. Bilingual Allowance

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

Level I – Oral Translation

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successfully passing the oral proficiency test, shall receive an allowance of one hundred seventy-five dollars ($175.00) two hundred twenty five dollars ($225.00) per month.

Employees who become eligible for Level 1 will be required to serve as an oral translator on a regular and on-going basis, per the City’s needs.

Levell II – Written translation

For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($125.00) one hundred seventy five dollars ($175.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department’s need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Manager’s approval.

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

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

J. Field Training Officer Assignment

Any personnel in a Sworn Police Officer classification, other than a designated "Senior Police Officer" who is assigned as Field Training Officer for a Police Officer in training shall receive premium pay of two and half percent (2.5%) of base salary per year minimum assign.

K. Senior Police Officer

Effective upon the adoption of this M.O.U., the Chief of Police, at his/her own discretion, shall designate police officers/detectives as Senior Police Officer. To be eligible, officers/detectives must:

1. Not be on Probation or Special Evaluation, and;

2. Have a minimum of five (5) years total experience as a police officer, and;

3. Be recommended by Supervisors and Command Staff.

Qualification for designation of Senior Police Officer shall be based upon performance as reflected in the officer's/detective’s previous performance evaluation, and is renewable on an annual basis. The minimum qualifying performance shall be based on the previous evaluation as A.21.a
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follows:

OFFICERS

1. No "Below Standards" ratings, and;

2. At least fifty percent (50%) ratings as “Above Standards” or above in the following specific categories:

a. Section I "Enforcement and Service Delivery," with at least one (1) “Above Standards” or above in either Subsection E (problem solving) or Subsection F (activity and service level);
b. Section II "Report Writing";
c. Section VI "Public Relations and Customer Service"; and d. Section VII "Work Habits".

DETECTIVES

1. No “Below Standards” ratings, and;

2. At least fifty percent (50%) ratings as “Above Standards” or above in the following specific categories:

a. Section I “Investigations”, with at least one (1) “Above Standards” or above in either Subsection D (accomplish your share of the work) or Subsection G (assist in handling the workload of the unit);
b. Section II “Case Reports/Written Work”;
c. Section VI “Public Relations and Customer Service”; and d. Section VII “Work Habits”.

May result in the suspension of the Senior Police Officer designation. Such suspension of the Senior Police Officer designation shall not constitute disciplinary action and shall not be appealable.

Senior Police Officers shall be eligible to serve as acting supervisors in the event no Police Sergeants are on duty or available. Unless designated as an acting supervisor, Senior Police Officers shall not exercise supervisory duties or authority.

Employees assigned in the capacity of Senior Police Officer shall receive premium pay in the amount of one point ninety-nine percent (1.99%) two percent (2.00%) of base salary per month.

Employees currently assigned to Detective Duty shall not be eligible for this Senior Police Officer premium pay.

Attached hereto is the revised Hollister Police Department Performance Evaluations (Exhibit B).

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L. Detective Assignment

The Chief of Police may appoint Police Officers and Sergeants to assignment as Detective. Those so appointed shall serve at the pleasure of the Chief of Police and shall not gain any property interest in the assignment. Those assigned as Detective shall be paid a premium pay of five percent (5%) of base salary per month.

M. Motorcycle Pay

Upon Management's assignment, an employee may be assigned to motorcycle duty. Those assigned shall be compensated a premium pay at three percent (3%) of base salary per month.

This premium shall be considered full compensation for all overtime associated with maintenance and storage of the City assigned vehicle.

N. Gang Enforcement Training Officer

The Chief of Police may appoint an officer to the assignment of Gang Enforcement Training Officer. An individual assigned by the Chief of Police shall serve in the assignment at the pleasure of the Chief of Police and shall not gain any property interest in the assignment. Those assigned as a Gang Enforcement Training Officer shall be paid a premium pay of one point forty-four percent (1.44%) of base salary per month while so assigned.

O. Shift Differential

The City agrees to pay a premium pay shift differential of two and half percent (2.5%) five percent (5.00%) of base salary per month for sworn personnel who work from 1800 hours to 0600 hours (one complete shift). This differential pay shall only be received when the primary shift assignment is from 1800 hours to 0600 hours. The City agrees to pay a premium pay shift differential of two and half percent (2.5%) five percent (5.00%) of base salary per month for sworn personnel who work a “cover” or “relief” shift. If during the term of this M.O.U. the patrol work week/shift schedule is different than the current twelve (12) hour shift schedule, this Section will be reopened and a “Meet and Confer” will occur to discuss which hours of any new work week/shift will receive the shift differential pay.

The Chief of Police shall maintain complete and unilateral control to assign and move personnel assigned to these shifts, such that no personnel under these assignments shall retain the two and half percent (2.5%) five percent (5.00%) shift differential pay if reassigned.

Any such reassignments shall not constitute disciplinary action, and shall not be appealable.

P. Retention Bonus Program

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The City agrees to implement a retention bonus program that will prepay a five percent (5%) annual bonus to the Sworn members of the Association on the last pay period of December. If an Association Member leaves within the year after receiving the bonus, that Member must reimburse the City a prorated share of that annual bonus.

Q. Recruitment and Retention Measures

1. Recruitment Bonus

Entry Level/Academy Grad Action Bonus Amount Paid
Upon Hiring $3,000.00
Upon Completion of Probation (18 months) $4,000.00
Upon Completion of 1 Year After Probation Status Ends $5,000.00 Upon Completion of 2 Years After Probation Status Ends $6,000.00 Upon Completion of 3 Years After Probation Status Ends $7,000.00

Lateral Police Officer Action Bonus Amount Paid
Upon Hiring $5,000.00
Upon Completion of Probation (18 months) $5,000.00
Upon Completion of 1 Year After Probation Status Ends $10,000.00 Upon Completion of 2 Years After Probation Status Ends $10,000.00

Recruiter Bonus: $2,000.00 ($1,000.00 at hire and $1,000.00 at completion of probation). A recruiter is defined as a person whom referred, recruited and mentored the candidate through hiring process and probation.

*Referral Bonus: should be considered for any City of Hollister employee that refers a candidate that gets hired by the Hollister Police Department. I recommend a referral bonus of $100-$200 for the City of Hollister employee.

*** Any employee in the chain of hiring employees (HR employees, City Administration and Hollister Police Department Administration) would be exempt from collecting any bonus related to hiring of personnel.

2. Credit of up to 100 hours of Paid Time off (PTO) (sick leave or vacation employee's choice) determined by prior job position credit accrued, for any officer that possesses a Peace Officers Standard and Training (POST) basic certificate at the time of hire.

3. These measures would not be retroactive.

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Article 6. Insurance

A. CalPERS Medical

1. Retiree Insurance Benefit

The City shall pay Two Hundred Dollars ($200.00) per month towards medical insurance for Sworn Unit Retirees who have earned a regular CalPERS Service Retirement after fifteen (15) or more years of service to the City of Hollister as a Sworn Officer. This benefit will be paid until the Retiree is Medicare eligible, at which time the benefit will cease. It is the Retiree’s option as to which medical provider plan they use; either CalPERS or Blue Cross HMO. Retirees may choose to remain on the City’s plan or seek their own medical insurance, in which case the Two Hundred Dollars ($200.00) will be paid directly to the Retiree. This article will not apply to any new hires after November 1, 2017.

2. Description

The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter “Plan") is available to full-time employees (hereinafter “Employees").

There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.

B. Health Insurance Options

The City shall provide employees with the choice of participating in the Public Employees' Medical and Hospital Care Act (PEMHCA) program offered by CalPERS.

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

1. The City shall provide for unit members an IRS Code Section 125 Flexible

Benefits/Cafeteria Plan in accordance with all applicable state and federal laws and regulations.

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

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

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A. The City will contribute a dollar amount towards medical insurance, based on PEMHCA’s Platinum medical plan for Calendar Year 2022.

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

A. The City will continue to contribute a dollar amount towards monthly medical insurance premiums at the following levels:

COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,162.71
Employee Plus One $2,325.42
Employee Plus Family $3,023.05

C.A. An amount equivalent to the City’s contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

D. An amount equivalent to the City’s contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

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

a. Union Employees’ Flexible Spending Account.
b. Roth Individual Retirement Account (IRA).
c. ICMA or City-authorized 457 Deferred Compensation Plan.

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

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

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

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D. Terms for Health Care Participation

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

E. Health Care Contributions

1. Employee-only Premium

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

2. Employee Option for Dependent Coverage

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

F. Vision Insurance

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

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

G. Dental Insurance

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

H. Life Insurance

The City shall provide term life insurance in the amount equal to $50,000 for each member of the unit for the term of this M.O.U. Additional term life insurance may be purchased by the employee in increments of $10,000 up to a total of $250,000.

I. Long Term Disability Insurance
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The City agrees to provide to all employees within this unit at City cost a Supplemental Long Term Disability Plan, coordinated with other existing benefits to provide no more than a thirty (30) day exclusion or elimination period; no less than a one-year benefit for accident or illness; and a minimum scheduled benefit of sixty-six percent (66%) or two-thirds (2/3) of gross salary to a maximum of $3,500.00 per month for the term of this M.O.U. The City in its sole discretion shall select the Supplemental Long Term Disability Plan carrier that meets these requirements.

J. Health Insurance Waiver Option

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

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

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

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

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

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

K. Optional Health Benefits

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

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

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

L. Flexible Spending Accounts (FSA's)

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

The City agrees to establish a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,750) per year per employee.

M. Voluntary Life Insurance

The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.

N. Miscellaneous

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

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

Article 7. Educational Incentive/Professional Development Incentives

A. Amount of Payments - Sworn

1. Acknowledging the merits of continued education, the City agrees to pay the following amounts in addition to base pay:

a. Intermediate P.O.S.T. Certificate - Three percent (3%) of base salary per month, or A.21.a
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b. Advanced P.O.S.T. Certificate - Six percent (6%) of base salary per month.

2. Commencement of Payments

Educational incentive payments shall commence on the next pay period following the issuance of certification after submission to P.O.S.T. by the Chief of Police.

B. Professional Development Incentives - Non-Sworn

1. Non-sworn employees shall be eligible to receive a one-time incentive for obtaining degrees and/or certificates provided the employee has completed his/her probationary period. A Professional Development Incentive shall not be awarded if the degrees and/or certifications are a minimum requirement for the position.

Certificates must relate to the employee's current position or future lateral or promotional opportunities within the City.

Vocational Training, for purposes of this Section, is defined as a minimum of eight (8) hours of specific training in a career field which results in a certificate of completion. The minimum eight (8) hours shall be documented classroom time, or in the case of a correspondence program will be identified as the average length of time required to complete the program certification as documented by the certifying agency or institution.

A maximum of two (2) incentives per calendar year can be received by an employee. If an employee receives a Ph.D., Master's Degree, Bachelor's Degree, or Associate's Degree in a calendar year, the employee may also receive two (2) additional incentives (for a total of three (3) incentives) in the same calendar year.

a. College Degrees and Professional Certificates - $2,500 Lump Sum:

Ph.D.

Master's Degree
Bachelor's Degree
Associate's Degree
Certified Public Accountant
Paralegal Certificate

b. Technical Certificates* - $2,000 Lump Sum:

Microsoft Office User Specialist (MOUS)
Evidence Technician Certification
Certified Code Enforcement Officer

c. Vocational Certificates* - $15 $20.00 per hour, Lump Sum:

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{Paid by average length of time required to complete course. Lump sum payment to be a minimum of $120 $160.00 [eight (8) hours].}

Spreadsheet - Microsoft Excel
Word Processing - Microsoft WORD
Database - Microsoft Access

Presentation Graphics - Microsoft PowerPoint
California POST Certified courses
LEAWEB Online Tutorials
CA Association of Code Enforcement Officer Courses
* Additional courses/classes may be approved by the Chief of Police.

2. Professional Development Incentive payments shall commence on the next pay period following the issuance of the Degree and/or certification after submission to the Chief of Police.

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

A. Job Related Disabilities

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

B. Americans With Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Association of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.

Article 9. Uniform Allowance and Safety Equipment

A. Uniform Allowance

The City agrees to contribute toward newly hired employees uniform needs at an initial allotment A.21.a
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of Two Hundred Dollars ($200.00). The City agrees to provide each employee in the unit with an annual uniform allowance of Eight Hundred Fifty Dollars ($850.00) payable in semi-annual payments payable on the first payday which follows June 1st and December 1st of each year.

B. Boot Allowance

The City agrees to provide each employee in the unit with an annual reimbursedment up to $150.00 three hundred dollars ($300.00) per year upon presentation of satisfactory proof-of-purchase. Reimbursement will be made upon presentation of satisfactory proof-of-purchase for boots which are approved and authorized by City management. Used boots that were purchased in the prior four years are the property of the City and shall be returned to the City. Used boots that were purchased four or more years prior may be retained by the employee upon replacement.

Employees may use all or a portion of the boot allowance for necessary repairs of existing boots, including insole or outsole replacement, recrafting, or other repair services. In no case shall the boot allowance for repairs and / or purchases exceed three hundred dollars ($300.00) per year.

C. Safety Equipment

The City agrees to continue to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.

Article 10. Grievance Procedures: Sworn Personnel

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

A. Definition

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

B. Stale Grievance

A grievance shall be void unless filed in writing within fifteen (15) calendar days from the date upon which the City is alleged to have misinterpreted or misapplied this agreement, or with fifteen (15) calendar days from the time an employee might reasonably have been expected to have learned of the alleged misinterpretation or misapplication. Such discovery period shall not exceed one hundred eighty (180) days regardless of the date of discovery. In no event shall a grievance include a claim for money relief for more than the fifteen (15) day period plus such A.21.a
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reasonable discovery period.

C. Informal Discussion with Employee's Supervisor

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

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.

E. Grievance to Department Head/City Manager

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

F. Waiver of Appeal Steps

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

G. Advisory Fact Finding of Grievances

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

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H. Selection of a Fact Finder

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

I. Duty of Fact Finder

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

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

J. Payment Of Costs

Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith.

All fees and expenses of the Fact Finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.

K. Effect Of Failure Of Timely Action

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

Article 11. Grievance Procedure: Non-sworn Personnel

This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by non-sworn employees covered by this M.O.U.

A. Definition

A grievance is a claimed violation, misapplication or misinterpretation of a specific provision of this agreement or the City's Personnel System Rules and Regulations which adversely affects the grievant.

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B. Stale Grievance

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

C. Informal Discussion with Employee's Supervisor

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

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. or the City's Personnel System Rules and Regulations alleged to have been misinterpreted or misapplied, the remedy sought, and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the

supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.

E. Grievance to Department Head/City Manager

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

F. Waiver of Appeal Steps
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If the grievance is not resolved after the immediate supervisor has answered it in writing, the grievant(s) and the Department Head may, by mutual agreement, waive review of the grievance at Step E and proceed to present the grievance to the City Manager.

G. Advisory Fact Finding of Grievances

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

H. Selection of a Fact Finder

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

I. Duty of a Fact Finder

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

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

J. Payment of Costs

Each party to a hearing before a Fact Finder shall bear its own expenses in connection therewith.

All fees and expenses of the Fact Finder shall be borne one-half by the City and one-half by the grievant. If the City does not implement the proposed disposition of the grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.

K. Effect of Failure of Timely Action

Failure of the employee(s) to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit A.21.a
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at any step shall result in an automatic advancement of the grievance to the next step.

Article 12. Leaves

The City shall continue the current sick leave and bereavement leave rules as defined in this Article for the term of this M.O.U.

A. Bereavement Leave

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

Wives/Husbands Grandparent(s)
Grandparent(s)-in-law Children
Grandchildren Legal guardians
Fathers Mothers-in-law
Aunts Mothers
Fathers-in-law Uncles
Brothers Sisters-in-law
Nieces Sisters
Brothers-in-law Nephews

Bereavement Leave shall not exceed three (3) work days for the death of a member of the employee's immediate family.

B. Family Sick Leave - Within Existing Benefit

An employee may be granted up to a total of forty (40) hours of sick leave in a twelve (12) month period for the purpose of caring for a spouse, parent, or children as defined below. The City Manager can make exceptions to the below upon request of an individual. This exception by the City Manager can include domestic partners.

1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.

2. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (3.) below. This term does not include parents "in law".

3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “Incapable of Self-Care because of a Mental or Physical Disability.”

a. “Incapable of Self-Care” means that the individual requires active assistance or A.21.a
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supervision to provide daily self-care in three (3) or more of the "activities of daily living"' (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

b. “Physical or Mental Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual. Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.

c. Persons who are "In Loco Parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such

responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

d. For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.

Article 13. Layoff

The City shall have the sole right to determine which class(es) shall be subject to layoff.

A. Order Of Layoff

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

a. Provisional or Temporary Employees
b. Part-time Employees
c. Probationary Employees
d. Permanent Employees

2. Within each of the first three (3) categories, the order of lay-off shall be at the discretion of the Appointing Authority. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first. Among employees with equal seniority, the order of layoff shall be determined by the Appointing Authority.

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B. Seniority Determination

1. Each employee shall receive one (1) point per full month of service in the classification the employee is working at the time a layoff is being imposed. In addition, the employee shall receive one-half (1/2) of a point per full month of service in any other unit classification, which the employee has worked and one-quarter (1/4) of a point per full month of current services in any non-bargaining unit classification. The total of such points shall determine the employee's seniority.

2. Employees subject to layoff may first displace employees of lower seniority in any comparable classification, as determined by the City Manager. As a second alternative to layoff, employees subject to layoff may take a voluntary demotion to any lower classification within the same division of the unit in which the employee had prior permanent status, provided a vacancy exists, or the demoted employee has higher seniority than an employee working in that classification. As a third alternative to layoff, an employee subject to layoff may take voluntary demotion to a vacant position in a lower classification provided the employee can, through a non-competitive examination, establish proof to the satisfaction of the appointing authority that he/she is capable of performing the job.

3. In the event the demoted employee in all the above alternatives has equal seniority with the least senior employee working in the lower classification, the employee to be laid off shall be determined by total seniority with the unit. If such unit seniority is also equal, the employee to be laid off shall be determined by the appointing authority.

C. Re-employment

Employees laid off or demoted in lieu of layoff shall have a priority right of return to their prior class or to any lower class in the same or comparable classification series. This right shall remain effective for two (2) years from the date of demotion or separation from the service. The only exception being that any individuals that have been separated from the City will have to meet the current medical and background requirements.

Article 14. Miscellaneous

A. Personnel Notices

Police Department management shall notice all officers of any intra departmental promotional possibilities and exams thereto at least thirty (30) days in advance of any exam or record review leading to such promotion.

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Program

“Tuition Aid” is defined as a full or partial payment or reimbursement of registration fees and the minimum requirement of tests for specialized individual academic training which is related to the employee's current job or which prepares an employee for a promotional opportunity within City service. Texts purchased for training by the City will become the City's property upon completion of the training. The individual will have the option of purchasing the texts from the City.

1. Tuition aid for specialized training shall be made to the employee only upon evidence of completion of the training. In those instances, where it is desirable because of the nature of the training to advance tuition aid, a Department Head may request payment of tuition aid prior to the training.

2. Tuition aid for academic training shall be made to the employee only upon evidence of satisfactory completion of the training. Satisfactory completion will be considered a grade of “C” or better, or a grade of pass in a pass/fail grading system.

3. The following procedure shall apply for obtaining tuition aid.

a. Employees who desire tuition aid for specialized individual training or academic training shall submit their requests to their department head.

b. Requests will be reviewed by the Department Head and forwarded with recommendation to the Human Resources Officer for authorization. Requests for aid and costs shall be processed within the administrative section of the department's budget. Prior authorization of the Human Resources Officer must be obtained before the training starts in order for the employee to qualify for the tuition aid. Employees will be required to pay the tuition costs themselves, prior to the course, but will be reimbursed if the course is authorized and successfully completed as provided for herein. When the training is completed, evidence of satisfactory completion of the training must be submitted to the Human Resources Officer for the purpose of obtaining reimbursement.

c. An employee being subsidized by another agency, either governmental or private, shall receive tuition aid only to the extent not reimbursed by such other agency.

4. The City will pay a maximum of Three Thousand Five Hundred Dollars ($3,500.00) per fiscal year to any eligible unit member that meets the above listed criteria for tuition aid.

5. A Tuition Reimbursement Advancement Program would allow police personnel who are in good standing, have completed their probationary period and has received approval form their supervisor to have amounts in excess of the Three Thousand Five Hundred Dollars $3,500 in one year.

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city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.

Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 to finish his/her Bachelor’s degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.

C. Vacation Accrual And Vacation Allowance

1. The City agrees to provide vacation leave accrual for each represented unit member as follows:

Years of Service Annual Vacation Accrual

1st through completion of 3rd 1012 Days
4th through completion of 7th 1517 Days
8th through completion of 15th 2022 Days
16th through completion of 20th 2224 Days
beginning of 21st Year 2527 Days

2. Upon prior written approval by the City Manager, vacation accrual beyond two hundred forty (240) two hundred eighty (280) hours may occur.

3. Unit Members may cash out vacation leave hours in increments of ten (10) hours as long

as it has been budgeted and must have the City Manager’s Approval. Compensation for vacation leave cashed out will be made at the employee’s rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance.

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

4. Effective upon the signing of this Agreement, for recruiting purposes only, based upon a new employee’s previous years of service as a Peace Officer with the Agency they just left, the new employee may receive, at the time of hire, a vacation accrual rate higher than the City’s beginning accrual rate of six point six-seven (6.67) hours per month, or three point A.21.a
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zero eight (3.08) hours per pay period. The higher accrual rate will be in accordance with the City’s current Annual Vacation Accrual Schedule.

D. CalPERS Credit For Unused Sick Leave

The City shall continue to provide the CalPERS Section 20965 “Credit For Unused Sick Leave” benefit for Police - Safety members as recognized by PERS, for the term of this agreement.

E. Sick Leave Conversion To Cash

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

1. Employees of this unit may not "cash out" or be compensated for any of the first two hundred forty (240) hours of sick leave accrued.

2. Any current employee of this unit having completed ten (10) years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for twenty-five percent (25%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of retirement from City service.

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

Any current employee of this unit having completed ten (10) years of continuous service with the City and having an unused sick leave accrual balance exceeding five hundred (500) hours may, at their option, "cash out" up to a maximum of ninety-six (96) hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than five hundred (500) hours.

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

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

F. Probationary Period

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1. All new sworn-unit members that are hired after the adoption of this M.O.U. will serve an eighteen (18) month probationary period, which will include the time spent at the Police Academy.

2. All members who leave the City's employment and return to the City within one (1) year (364 calendar days) will be placed on a three (3) month probationary period as long as the employee:

a Left the City of Hollister in good standing; and
b. Achieved at least “satisfactory” on their last evaluation with the City of Hollister.

G. Separation in Good-Standing

A sworn employee who separates in good-standing from the City of Hollister Police Department, and within one (1) year submits an application to the City, will not be required to submit to an oral board as part of the application process. However, the applicant will remain subject to P.O.S.T. regulations.

H. Recruitment Incentives for Sworn Personnel

The following are recruitment incentives for Sworn Personnel:

1. New sworn employees will receive an advance of forty (40) hours of sick leave effective the date of employment. Accrual of future sick leave will begin six (6) months from the date of hire.

3. A One Thousand Dollars ($1,000) moving allowance will be provided to new employees who, when hired, lived one hundred (100) miles or more from the Hollister City Limits and who, upon successfully completing probation, have moved and are current residents of San Benito County. Employees who qualify must provide written proof of their primary residency within San Benito County.

I. Work Schedules

1. Non-Sworn Unit Classifications

a. Flexible Work Schedules:

Non-sworn members may work flexible work schedules (i.e., 4/10, 9/80) when feasible. It is agreed that implementation of flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness.

A change to a flexible work schedule must be approved by the member's supervisor and the Chief of Police.

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b. Temporary Flexible Schedule:

Non-sworn members may request to temporarily flex their normal work schedule or workday (i.e., an earlier start to and/or end of the workday, doctor appointments, child care needs, etc.) with the approval of their supervisor.

2. Sworn Unit Classifications

a. Three, Four Twelve (3/12, 4/12) work schedule

The work schedule for sworn personnel assigned to the “day or “night” shift shall be three 12 hour shifts one week of the pay period, and four 12 hour shifts the other week of the pay period.

b. Four-Ten (4/10) Work Schedule

The work schedule for personnel assigned to specialty positions shall be the Four Ten (4/10) schedule.

J. Police Funeral Attendance

Any Member of the Association may attend a formal police funeral in an off-duty status within a one-hundred (100) mile radius of the City of Hollister. This means that the Member may attend in uniform and travel in an official vehicle.

K. New Employee Orientation

During New Employee Orientation, the bargaining unit will be allowed a total of thirty (30) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.

L. Automatic Payroll Deposit

All new unit members of the bargaining unit shall enroll in the automatic payroll deposit program at the time of their employment with the City or at the time of promotion to this unit.

Article 15. Maintenance of Operations

The Association agrees that during the term of this M.O.U. and for the period of time necessary for the meet and confer process to conclude a successor M.O.U., neither the Association, nor any representative acting on its behalf, will cause, authorize, engage in, condone or sanction a strike, sick-in, work stoppage, slow down, picketing (other than informational picketing on the employees' own time), concerted of individual failure to report for duty, unauthorized absence, including

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compliance with a request of another unit's labor organization to engage in or honor such activities against the City, or any activity by any other euphemism known which results in less than the full and faithful performance of any duties of employment.

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

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

Article 16. Prevailing M.O.U.

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

Article 17. Holidays And Holiday Pay

1. Sworn Unit Classifications
Compensation equal to twelve (13) days (104 hours) seventeen days (136.00 hours) shall be made to sworn personnel in semi-annual payments payable on the first pay day which follows June 1st and December 1st of each year. Sworn personnel may elect to have a portion or all of these hours credited to their compensatory time balance in lieu of payment.

2. Non-Sworn Unit Classifications

Non-sworn personnel shall have the same holiday schedule as employees in the miscellaneous employees bargaining unit.

a. Holiday Schedule

The City provides the following paid holidays:

New Year’s Day January 1
Martin Luther King, Jr. Third Monday in January
President’s Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day after Thanksgiving
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Christmas Eve – Half Day December 24
Christmas Day December 25

In addition, each employee is entitled to two (2) floating holidays per fiscal year.

If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

b. Holiday Office Closure

For the term of this contract, employees shall be paid for the following closure days for

 December 27, 28, 29, 30, 2021, a total of thirty-two 32 hours, four (4) days  December 27, 28, 29, 30, 2022, a total of thirty-two 32 hours, four (4) days

This shall be in addition to the paid holidays of Christmas and New Year’s Day.

The Holiday Office Closure will apply to full and part-time City Employees.

Department heads will assess their operations to determine the extent to which they will participate in total or partial closure of office to the public during the specified period. Those departments for which it is impractical to consider closure for the days listed below will establish alternate days for employees to use the required Holiday Office Closure hours.

It is the employee’s responsibility to ensure that required hours are taken off work prior to the end of each applicable fiscal year. Management will make every effort to accommodate employees’ requests for the equivalent hours of time off. No Employee shall lose the floating holiday time as a result of a denied time-off request.

The Holiday Office Closure is neither grievable nor appealable. However, employees who believe that the Holiday Office Closure has not been administered according to the provisions of this agreement, including not being granted the time off, may request a review by an advisory committee composed of one (1) union representative and one (1) City Management representative.

c. Juneteenth National Independence Day

Juneteenth National Independence Day was recognized as a federal holiday on June 17, 2021 when the president signed the Juneteenth National Independence Day Act into law. The City shall provide an additional paid holiday on June 19th of each year upon execution of this contract.

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Article 18. Drug Free Workplace Policy

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

Article 19. Savings Clause

If any Article or Section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other Articles and Sections

of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any Article or Section, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring upon said Article or Section.

Article 20. Union Business

Up to five (5) elected representatives of the Association shall be granted a maximum of three (3) days leave each during the fiscal year based upon need without loss of pay for Union Business to include but not be limited to attendance at conventions, conferences, and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules.

Article 21. Term

The term of this Memorandum of Understanding shall commence on August 28, 2021July 1, 2023 and shall expire on June 30, 2023 2024, unless otherwise agreed to by both parties. The signatures to this agreement may be executed in counterparts.

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City of Hollister Hollister Police Officers Association

Dave Mirrione
Interim City Manager
Bryce Morgan
HPOA President

Casey Estorga
City Negotiator
Staci Esqueda
Negotiations Team Member

Mary Lerner
City Negotiator
Christopher Wells
Negotiations Team Member

Aurelio Melgoza
Negotiations Team Member

Janelle Hoefling
Negotiations Team Member

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 20, 2023
SUBMITTED: June 15, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-130, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF HOLLISTER AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521

BRIEF DESCRIPTION: The Memorandum of Understanding (MOU) between the City of Hollister and the Service Employees International Union (SEIU) Local 521 group is scheduled to expire on June 30, 2023. As a result, the City and members from SEIU have met and conferred in good faith over the past several months to discuss changes to the MOU, which will be considered by the Council.

RECOMMENDATION: Authorize the Interim City Manager to execute the amended MOU between the City of Hollister and SEIU.

DISCUSSION: The Memorandum of Understanding (MOU) between the City of Hollister and the Service Employees International Union (SEIU) Local 521 group is scheduled to expire on June 30, 2023. As a result, the City and members from SEIU have met and conferred in good faith over the past several months to discuss changes to the MOU.

As a result, the City and SEIU have agreed to terms amending the MOU, including an amendment to extend the term of the MOU by one year with a new expiration date of June 30, 2024. A full copy of the updated MOU, including strike-through formatting to identify the changes, has been included as part of this staff report.

FINANCIAL IMPACT: Funding for this item has been included in the FY 2023-24 Recommended Budget. Funding for future years will be presented to the City Council as part of the annual budget process.

CEQA: N/A

ATTACHMENTS:

1. SEIU MOU Red Line - 07.01.2023 - 06.30.2024

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521

WHEREAS, representatives of the City of Hollister and Service Employees International Union, Local 521, an organization representing City of Hollister employees, have met and conferred in good faith concerning subjects of bargaining; and

WHEREAS, understandings and agreements have been reached between the bargaining representatives; and

WHEREAS, the agreement was ratified by Service Employees International Union, Local 521 unit members; and

WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2023 through June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and Service Employees International Union, Local 521 for the term of July 1, 2023 through June 30, 2024, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-130, 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 20th day of June, 2023, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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MEMORANDUM OF UNDERSTANDING

between the

City of Hollister

and the

Service Employees International Union, Local 521

July 31, 2021 – June 30, 2023

July 1, 2023 – June 30, 2024
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TABLE OF CONTENTS

Article 1. Preamble Page 1

Article 2. No Discrimination Page 1

Article 3. Recognition Page 1

Article 4. No Abrogation of Rights Page 1

Article 5. Maintenance of Benefits Page 1

Article 6. Salary and Special Compensation

A. Salary Adjustments Page 2
B. Retirement Page 3
C. Bilingual Allowance Page 3
D. Compensatory Time Page 4
E. Overtime and Holiday Pay Page 5
F. Hazardous Materials (Hazmat)
Certification Premium Pay Page 5
G. Heavy Equipment Operation Premium Page 6
H. License Certification Pay Page 6
I. Longevity Pay Page 6
J. Standby Pay Page 7
K. Uniform Allowance Page 7
L. Cell Phone Allowance Page 7
M. Cross-Connection Specialist Certification Page 7
N. Notary Public Commission Pay Page 8
O. Homeless Encampment Cleanup Assignment Page 8

Article 7. Insurance

A. Description Page 8
B. Health Insurance Options Page 8
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan Page 8 D. Terms for Health Care Participation Page 9
E. Health Care Contributions Page 10
F. Vision Insurance Page 10
G. Dental Insurance Page 10
H. Life Insurance Page 10
I. Long-term Disability Insurance Page 10
J. Health Insurance Waiver Option Page 11
K. Optional Health Benefits Page 11
L. Flexible Spending Accounts (FSA’s) Page 12
M. Voluntary Life Insurance Page 12
N. Miscellaneous Page 12
O. Cost – Savings Page 12
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TABLE OF CONTENTS (CONTINUED)

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

A. Job Related Disabilities Page 12
B. Americans With Disabilities Act Page 12

Article 9. Safety Compliance and Equipment

A. Safety Compliance Page 13
B. Safety Boot Allowance Page 13
C. Animal Control Safety Equipment Page 13
D. CPR Training Page 13
E. Public Works Safety Equipment Page 14

Article 10. Grievance Procedure Page 14

A. Definition Page 14
B. Stale Grievance Page 14
C. Informal Discussion with Employee's Supervisor Page 14 D. Formal Written Grievance to Employee's Supervisor Page 15 E. Grievance to Department Head/City Manager Page 15
F. Waiver of Appeal Steps Page 15
G. Advisory Fact Finding of Grievances Page 15
H. Selection of a Fact Finder Page 15
I. Duty of Fact Finder Page 16
J. Payment of Costs Page 16
K. Effect of Failure of Timely Action Page 16

Article 11. Union Security

A. Union Dues Check-Off Deductions Page 16
B. Maintenance of Membership Page 17
C. Union Indemnification, Hold Harmless, and Defense Page 17

Article 12. Miscellaneous

A. Deferred Compensation Plan Page 17
B. Tool Replacement Allowance Page 17
C. Working Out of Classification Assignment Page 18
D. Sick Leave Conversion To Cash Page 18
E. Vacation Leave Page 19
F. Flexible Work Schedule Page 19
G. Union Representatives Time Off for Training Page 19

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TABLE OF CONTENTS (CONTINUED)

Article 12. Miscellaneous (continued)

H. Advance Notice Page 20
I. Joint Union - Management Committee Page 20
J. Professional Development Incentive Program Page 20
K. Flexibly Staffed Entry Level Positions Page 23
L. Length of Probationary Period for All Unit Members Page 23 M. Reclassification and Salary Adjustment Policy Page 23 N. Christmas Eve Holiday Page 24
O. Layoff and Reduction in Time Procedures Page 24
P. Automatic Payroll Deposit Page 24
Q. Tuition Reimbursement Page 24
R. Dignity and Professionalism Page 24
S. New Employee Orientation Page 25
T. Timely Notifications Page 25
U. Salary Increases Page 25

Article 13. Holidays Page 25

Article 14. Maintenance of Operations Page 26

Article 15 Prevailing M.O.U. Page 26

Article 16. Drug Free Workplace Policy Page 27

Article 17. Savings Clause Page 27

Article 18. Term of Agreement Page 27

_____________________________________________________________________________

EXHIBITS

EXHIBIT [A] Disciplinary Procedure

Section 12.01 General Page 28
Section 12.02 Grounds for Discipline Page 28
Section 12.03 Types of Disciplinary Action Page 30
Section 12.04 Notice of Intended Disciplinary Action Page 31 Section 12.05 Pre-disciplinary Conference Page 31
Section 12.06 Notice of Discipline or rejection of Discipline Page 31 Section 12.07 Appeal of Disciplinary Action Page 32 Section 12.08 Appeal Page 32
Section 12.09 Evidentiary Appeal Hearing Procedure Page 32 Section 12.10 Serving of Notices Page 34
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Section 12.11 Summary Suspension Page 34
Section 12.12 Right to Representation Page 35
Section 12.13 Records Purged Page 35

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CITY OF HOLLISTER AND SEIU LOCAL 521 MOU: 7-31-2021 to 6-30-2023

Article 1. Preamble

This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as "City", and the Service Employees International Union, Local 521, CTW-CLC, hereinafter referred to as "Union," having met and conferred in good faith, do hereby jointly prepare and execute the following written Memorandum of Understanding (MOU). It is understood that the pr ovisions set forth the full and complete understanding of the parties in accordance with Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers-Milias-Brown Act.

Article 2. No Discrimination

The City and Union agree that there shall be no discrimination against any employee in the unit because of race, religion, creed, political affiliations, color, national origin, ancestry, age, sexual orientation, or sex, unless defined as a bona-fide occupation qualification as defined by Federal or State law. The City and Union also agree not to discriminate against any employee for his/her activity on behalf of, or membership in or lack of membership in, the Union. Any employee alleging a violation of this article shall h ave the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.

Article 3. Recognition

Pursuant to Section 3500-3510 of the Government Code, the City certifies the Union as the recognized majority representative for all regular career, full-time employees in the General Unit. The General Unit includes all classifications of non-management, non-supervisory, and non-confidential employees in the City other than those classifications designated as local-safety in the Police and Fire Departments and the classes of Police Services Officer, Police Services Supervisor, and Multi Services Officer.

Article 4. No Abrogation of Rights
This M.O.U. does not modify any City Council rights.

Article 5. Maintenance of Benefits
The articles included in this agreement constitute a full and complete agreement with the City and Union on all matters within the scope of representation for the period stated in Article 18. Term Of Agreement. All present resolutions, ordinances, rules and regulations, practices and policies covering matters within the scope of representation will continue in force and effect during said period without change, except to conform to the terms of this M.O.U. subject to meet and confer. Notice of any matter proposed to be changed will be provided to the Union in a timely fashion.

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CITY OF HOLLISTER AND SEIU LOCAL 521 MOU: 7-31-2021 to 6-30-2023

Article 6. Salary and Special Compensation
A. Salary Adjustment

1. Compensation Adjustments

a. Effective the pay period beginning July 31, 2021, the City shall apply a two and a half percent (2.5%) across-the-board increase to the base salary of all classifications.

Cost of Living Adjustment

A Cost of Living Adjustment (COLA) shall be applied to all unit classifications effective the first full pay period after July 1, 2022. The COLA shall be applied by the following method:

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

Effective the first full pay period after July 1, 2023, the City shall apply a seven percent (7.00%) increase to the base salary of all unit classifications.

2. Supervisory Salary Separation

The City agrees to maintain a twenty-three percent (23%) salary differential starting the first full pay period after June 30, 2018, twenty percent (20%) for the first full pay period after June 30, 2019, and eighteen percent (18%) for the first full pay period after June 30, 2020 between the Senior Maintenance Worker position and the Fleet Maintenance Supervisor/Park Maintenance Supervisor/Street Maintenance Supervisor positions during the term of this M.O. U.

The City agrees to maintain an eighteen percent (18%) salary differential between the Senior Maintenance Worker position and the Fleet Maintenance Supervisor/Park Maintenance Supervisor/Street Maintenance Supervisor positions during the term of this M.O. U.

3. Salary Adjustment for Jr., I, II, and Sr. Water Operators

Effective the first pay period after ratification and Council approval, the City shall apply the following salary adjustments to the base salary of all Water Operators.

Classification Adjustment
Jr Water Operators
Water Operators I 3%
Water Operators II 8%
Sr Water Operators 10%
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CITY OF HOLLISTER AND SEIU LOCAL 521 MOU: 7-31-2021 to 6-30-2023

4. Market Adjustments
All Water Operator Classifications will also receive the same salary adjustments as the entire unit will receive on the first and second year of this contract.

B. Retirement

1. Contribution

Tier l
a. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2.5% @ age 55" Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees' contribution.

Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees' contribution .

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

2. 1959 PERS Survivor Death Benefit

The City shall provide the PERS Section 21574 "Fourth Level 1959 Survivor Death Benefit" for all eligible unit members for the term of this contract. The City shall pay the employer rate contribution. The employee shall pay the member rate contribution.

3. One-Year Final Compensation Benefit

The City shall provide the PERS Section 20042 "One Year Final Compensation" benefit for eligible unit members.

All new employees hired on or after January 1, 2013, and who are defined as a "new Member" under PEPRA, are subject to the new Benefit Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.

C. Bilingual Allowance

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

Level I – Oral Translation

Employees who perform technical bilingual skills and who successfully pass a City-administered oral proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.

Level II – Written Translation

For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($ 125.00) per month.

Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department’s need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.

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

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

D. Compensatory Time

1. Overtime
Employees shall have the option to either receive paid compensation at a rate one and one -half (1 ½) times the employees regular rate of pay for all hours worked in excess of forty (40) hours per week, or to take compensatory time off from duty at a rate of one and one-half (1 ½) times the amount of each overtime hour worked which exceeds forty (40) hours per week.

2. Holidays
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Employees who work holidays shall have the option to either receive paid compensati on at a rate one and one-half (1 ½) times the employees' regular pay rate plus receive the employees' regular paid compensation for the holiday, or to take compensatory time off from duty at a rate one and one-half (1 ½) times the amount of each hour worked plus receive eight (8) hours regular paid compensation.

Employees who are called in on holidays shall also receive this option.

3. Maximum Accrual

Employees may accumulate a maximum of 240 hours (160 FLSA overtime hours worked) in their "comp time bank".

4. Compensatory Time Conversion To Cash

Employees may convert accumulated compensatory time to cash as follows:
a. Twice during the fiscal year an employee may request a cash payment of accumulated Compensatory Time Off (CTO).
b. Requests for payment must be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year. c. Cash payment of CTO shall be paid on the first pay day which follows June 1st and December 1st of each year.

E. Overtime and Holiday Pay

1. Overtime Pay
Any employee represented by this unit who is authorized or required to work overtime in excess of forty (40) hours per week shall be compensated at the rate of time and one-half for each hour worked of the Fair Labor Standards Act (FLSA) regular rate of pay or granted as equivalent compensatory time off (CTO).

2. Holiday Pay

Any employee represented by this unit who is authorized or required to work on any City recognized holiday shall be compensated at the rate of time and one-half for each hour worked, in addition to regular pay for the holiday.

F. 24-Hour Hazardous Materials (Hazmat) Certification Premium Pay

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Employees covered by this agreement who are required to perform du ties and respond to emergency situations involving exposure to hazardous materials, and who possess and maintain a 24-Hour Hazardous Materials Technician Level III certification that meets 29 CFR 1910.120(q) shall be paid premium pay of five percent (5.0%) so long as they are assigned such responsibilities and maintain current certification for this Premium Pay.

Eligibility shall be effective on the first Payroll Period following ratification of this Memorandum of Understanding.

The City will review annually the number and types of occurrences to which employees qualifying for this premium pay are called to respond to in order to determine the cost-effectiveness of maintaining this program. The City reserves the right to re-negotiate the amount of the premium pay in consideration of the number and magnitude of the incidents, the actual response by the employee(s) both during and outside normal business hours, and other factors deemed relevant by the City.

G. Heavy Equipment Operation Premium

Effective upon execution of this M.O.U., Employees in the class of Maintenance Worker I/II, Senior Maintenance Worker, Junior Water Operator, and Water Operator I/II who maintain a Class A license and operate heavy equipment shall receive a premium payment of one dollar ($1.00) two dollars ($2.00) over his/her regular base rate for each hour worked.

H. License Certification

1. Land Surveyor License Certification
All employees who possess and maintain a valid California Land Surveyor License shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi- weekly payroll.

2. Qualified Stormwater Developer (QSD)/ Qualified Stormwater Practitioner (QSP) Certification

An employee who possesses and maintains a valid QSD/ QSP Certification as required by the State of California for storm water best management practice shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi-weekly payroll, if the employee's job assignment as determined by the City Manager requires the individual perform the work.

I. Longevity Pay

A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service after the effective date of this M.O.U.:

NUMBER OF

CONSECUTIVE YEARS LONGEVITY BONUS
10 - 14 Years Three Percent (3.0%) of Base Salary
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15 -19 Years Six Percent (6.0%) of Base Salary
20 or more Years Nine Percent (9.0%) of Base Salary

Unit members who have achieved a longevity bonus prior to July 1st, 2009 shall be entitled to receive the difference between the previous longevity bonus and the increased longevity bonus provided in this M.O.U. so that the net result is that employees receive the same bonus amount with equivalent years of service.

J. Standby Pay
Employees covered by this agreement who are assigned to standby duty shall be paid two-hundred fifty dollars ($250.00) three hundred and fifty dollars ($350.00) for each week that they are so assigned or when there is a staff issue determined by management, prorated to a daily amount. The City shall have full discretion in making and administering standby assignments. This shall include, but not be limited to, the authority to:

1. Require an employee to be available at all hours by telephone or to use a pager.

2. To restrict travel.

3. Require employee to refrain from activities which would impair the ability to respond to emergency situations.

Management agrees to involve employees in discussions regarding standby policy modifications.

Standby assignments shall be scheduled three (3) months in advance to provide even distribution of on- call assignments to the extent possible. However, schedule adjustments may be necessary due to illness, vacation, vacancy, and/or other types of approved leave.

K. Uniform Allowance

An allowance for the maintenance of uniforms in the amount of sixty dollars ($60.00) per month will be granted to employees in the classifications of Animal Control Officer and Animal Control Officer Assistant when said employees are required to wear a uniform.

An amount of three hundred fifty dollars ($350.00) will be paid upon initial employment and every anniversary date of any employee in the classification of Animal Control Officer and Animal Control Officer Assistant for the purchase of uniforms.

The City will provide uniforms for employees working at the City Yard and at the City Airport.

L. Cell Phone Allowance
At the execution of the M.O.U., the City will pay a cell phone allowance of $40 per month to eligible employees (Water Maintenance Operator II, Senior Maintenance Worker, Wastewater Treatment Plant Operator II, Utility Engineer, Assistant Engineer, and Public Works Inspector) and those who are A.22.a
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assigned by management to maintain a cell phone. Employees receiving this allowance shall keep the phone in service at all assigned times and shall maintain the phone in proper working order at the employee's expense. No employee will be allowed the Cell Phone Allowance if they also maintain a City provided Cell Phone. City has no financial responsibility for lost or damaged cell phones.

M. Cross-Connection Specialist Certification

At the execution of the M.O.U., an employee who possess and maintains a valid California/Nevada Cross-Connection Specialist Certification shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi-weekly payroll, at the City Manager's discretion, if the employee's job assignment requires the individual to perform the work.

N. Notary Public Commission Pay

Any Union Employee who possesses, maintains, and is authorized by management to use a Notary Public Commission license on behalf of the City shall receive an allowance of one hundred twenty-five dollars ($125.00) per month. Employees who receive Notary Public Commission Pay shall remain subject to the needs and requirements of the City. The Commission Pay will be payable as part of the employee’s bi-weekly payroll.

O. Homeless Encampment Cleanup Assignment
Upon execution of this contract, whenever a Bargaining unit Worker volunteers to perform homeless encampment cleanup, the employee shall be paid, in addition to their basic compensation, two-hundred fifty dollars $250.00 differential per day worked.

Whenever the Bargaining unit Worker who is eligible for this differential is required to work overtime, such employee's base hourly rate plus the two-hundred fifty dollars $250.00 differential will be used in determining payment for overtime hours worked.

Article 7. Insurance
A. Description
The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter "Plan") is available to full- time employees (hereinafter "Employees"). There will be three participation levels as referenced under Section [E]. Optional benefits are listed below. Once an election is made, it will remain in force until the next open enrollment period. A Third Party Administrator (T.P.A.) fee will be paid by the employees that participate in the Plan.

B. Health Insurance Options

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

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C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

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

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

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

A. The City will contribute a dollar amount towards medical insurance, based on PEMHCA’s Platinum plan for Calendar Year 2022

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

D. An amount equivalent to the City's contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

E. An amount equivalent to the City's contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

3. The City shall allocate specific amounts of “Flex Credits” to the employee’s flexible benefit accounts. These amounts shall consist of the following:

A. For Calendar Year 2023: The City will continue to contribute a dollar amount towards monthly medical insurance premiums at the following levels:

COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,162.71
Employee Plus One $2,325.42
Employee Plus Family $3,023.05

B. For Calendar Year 2024: The City will increase its contribution by the actual increase to the PERS Platinum plan or an amount not to exceed 10%.

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C. An amount equivalent to the City's contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

D. An amount equivalent to the City's contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

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

a. Union Employees' Flexible Spending Account.
b. Roth Individual Retirement Account (IRA).
c. ICMA or City-authorized 457 Deferred Compensation Plan.

If a Union Employee's residual "Flex Credits" are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

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

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

D. Terms for Health Care Participation

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

E. Health Care Contributions

1. Employee-only Premium
The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this M.O.U. for each member of the unit for A.22.a
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