Hollister City Council
May 6, 2024

City of Hollister |Ciudad de Hollister
Memorial Drive Traffic Calming Meeting #3
Reunión para calmar el tráfico en Memorial Drive #3
Por favor, únase a nosotros para la segun-
da reunión para hablar de calmar el tráfi-
co en la Memorial Drive. La reunión
hablará sobre las condiciones actuales
del vecindario y los tratamientos propues-
tos en las carreteras que se pueden colo-
car para reducir la velocidad de los
vehículos y mejorar el acceso para bici-
cletas y peatones.

We look forward to seeing you there!
¡Esperamos verlos allí!
Hosted by the City of Hollister & Kimley-Horn
Alojado por la Ciudad de Hollister y Kimley-Horn
Fecha: Miercoles, 20 de marzo de 2024
Hora: 6:00 PM - 7:00 PM
Sitio: Escuela primaria Sunnyslope
1475 Memorial Drive
Hollister, CA 95023
Please join us for a meeting to discuss
traffic calming on Memorial Drive. The
meeting will discuss the current neighbor-
hood conditions and proposed roadway
treatments that may be placed to
reduce vehicle speed and enhance
bicycle and pedestrian access.

Date: Wednesday, March 20, 2024
Time: 6:00 PM - 7:00 PM
Location: Sunnyslope Elementary
1475 Memorial Drive
Hollister, CA 95023
For more information contact:
[email protected]
[email protected]
Para más información contacte:
(831) 636 - 4370
(831) 636 - 4340
R

City of Hollister |Ciudad de Hollister
Memorial Drive Traffic Calming Meeting #3
RReunión para calmar el tráfico en Memorial Drive #3
F FIC!Á FICOLET’S C A LM T R
¡C AL ME M O S E LA RT !
F FIC!Á FICOLET’S C A LM T R
¡C AL ME M O S E LA RT !

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # Public Works-2024-16

AGENDA ITEM: DOMESTIC WASTEWATER TREATMENT PLANT OPERATIONS

OPTIONS

DEPARTMENT: Public Works
DEPARTMENT HEAD William Via, Public Works Director
STAFF CONTACT: William Via, Public Works Director

RECOMMENDED ACTION: Receive report and provide direction.

DISCUSSION: The current contract with Veolia Water West Operating Services, Inc. (Veolia) expires on August 2, 2024. This report will summarize three (3) options for future operations of the Domestic Wastewater Treatment Plant that have been identified by staff and seek direction from Council on how to proceed.

Option 1: Extend the current contract with Veolia for a term of six (6) years.

On August 2, 2010, the City entered into a professional Services Agreement with Veolia On August 2, 2010, the City entered into a professional services agreement with Veolia for operations and maintenance services of the Domestic Wastewater Treatment Plant (DWWTP). The second amendment to the original agreement extended the contract to August 2, 2024, and included an option to extend the contract for one six (6) year term at the discretion of the City (Resolution No. 2014-114 adopted June 2, 2014). This option would cost an estimated $1.5 million for the annual contract amount for staffing.

Option 2: Operate the DWWTP with City staff.

Because of the complexity of the treatment process at the DWWTP, a Grade V operator’s certificate is required of the Chief Operator and a Grade III is required of an Operator-In- Charge. The City does not currently employ any individuals with the proper certifications required to operate the DWWTP for either of these p ositions. This option would require recruitment for all positions needed to operate the plant and would cost an estimated $1.1 million for staffing once the positions were filled.

Option 3: Issue a Request for Proposals (RFP)

Staff would issue an RFP to gather proposals from qualified entities to enter into a new contract to operate the DWWTP. This option would require the time necessary to issue the RFP, review the proposals, negotiate the contract, award the contract, and possibly transition to a new operator. This option would likely require an amendment to the current agreement for an extension to the term to allow for the time necessary to perform all the required steps to award a new contract. The cost for this option is uncertain and depends upon any proposals that may be received.

Staff recommends Option 1 at this time. This option will provide the time necessary to make any needed repairs and upgrades (MBRs, solids handling, vacuum truck du mping station, etc.) to the plant prior to making any decision about staffing the plant with City staff or issuing an RFP to look for a potential new contractor. An extension to the current contract would also allow the time necessary to recruit the necessary personnel to operate the plant internally, should Council decide to do so. A hybrid of the first two options could also be considered, wherein an extension would be granted, and the City could recruit Operators-in-Training to train with Veolia Personnel in preparation for internal operations at the end of the six-year extension.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: None

CEQA: Not a project as defined by CEQA.

ATTACHMENTS: None

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # City Manager-2024-15

AGENDA ITEM: PRESENTATION AND DISCUSSION REGARDING 2023 FIRE

DEPARTMENT ANNUAL REPORT AND FIRE SERVICES CONTRACTS WITH THE

COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA

DEPARTMENT: City Manager
DEPARTMENT HEAD: David Mirrione, City Manager
STAFF CONTACT: David Mirrione, City Manager

RECOMMENDED ACTION:

1. Accept and file the 2023 Fire Department Annual Report; and

2. Receive a presentation on the fire services contracts for the County of San Benito and the City of San Juan Bautista and provide possible direction to staff.

DISCUSSION: On June 26, 2023, the City Council adopted the Fiscal Year 2023 -24 budget. During the budget hearing, staff was directed to perform an analysis of the County of San Benito and San Juan Bautista fire services contracts and report back to the City Council. Staff have performed an evaluation of the contracts and will provide a presentation to the City Council.

Additionally, both contracts require the Fire Chief to present biannually to both jurisdictions’ elected bodies. The Fire Department has produced a 2023 Annual Report and will present this report to the City Council. Staff will make a request of the County of San Benito and the City of San Juan Bautista to present the annual report at their future meetings.

FISCAL IMPACT: None

PREVIOUS COUNCIL OR COMMISSION ACTION: At the June 26, 2023 City Council Budget Hearings, staff was directed to perform an analysis of the County of San Benito and the City of San Juan Bautista fire services contracts and report back to the City Council.

CEQA: Not a project as defined by CEQA

ATTACHMENTS:

1. 2023 Fire Department Annual Report

2. 2013 County of San Benito Fire Services Contract

3. 2015 County of San Benito Fire Services Contract

4. 2019 County of San Benito Fire Services Contract

5. 2013 City of San Juan Bautista Fire Services Contract

6. 2015 City of San Juan Bautista Fire Services Contract

7. 2019 City of San Juan Bautista Fire Services Contract

2023 Annual Report

HISTORY
The Hollister Fire Department was established on December 27, 1875 to serve the town of Hollister and its outlying areas. As with most fire departments of that time, a Fireman’s Ball pro- duced the budget, and staffing was all volunteer, with a compli- ment of 69 firemen including one Chief Engineer, and two assis- tant Chief Engineers. The Department turned out with three hose companies and one hook and ladder company to combat fire. According to the Fire Department By-Laws, the standard of cover was simple, “Fire Stations (Hose Barns) will be located where the fire rages the most.”
In July of 2013 due to the budget restraints stemming from the great recession, the Hollister Fire Department, the San Benito County Fire Department and the San Juan Bautista Fire Depart- ment were merged together to provide fire services county wide. The intent of the merger was to eliminate duplication of services and provide a more efficient, more robust fire service county wide. The Hollister Fire Department was chosen as the department to oversee all fire operations and remains so today.

148 YEARS OF HISTORY

MISSION STATEMENT
The Hollister Fire Department is committed to
providing the highest level of public safety services
for our community in the most efficient manner
possible. We will protect lives and property
through fire suppression, emergency medical ser-
vices, rescue, fire prevention and public education.

We are committed to the community and value
the role each member plays in our organization.

All of our lives depend on it.

2023-2024 Fire Dept. Budget

1907
2996
186

Multi Year Call Volume

Fire Chief
Department Head
Fire Marshall
Battalion Chief
Support Services
Support Services
B-Shift
Battalion Chief
C-Shift
Battalion Chief
Fire Inspector
Fire Inspector
Engine 11
1-Captain
1-Engineer
2-Firefighters
Engine 12
1-Captain
1-Engineer
2-Firefighters
Engine 13
1-Captain
1-Engineer
1-Firefighter
Engine 14
1-Captain
1-Engineer
1-Firefighter
Engine 11
1-Captain
1-Engineer
2-Firefighters
Engine 12
1-Captain
1-Engineer
2-Firefighter
Engine 13
1-Captain
1-Engineer
1-Firefighter
Engine 14
1-Captain
1-Engineer
1-Firefighter
Engine 11
1-Captain
1-Engineer
2-Firefighters
Engine 12
1-Captain
1-Engineer
2-Firefighter
Engine 13
1-Captain
1-Engineer
1-Firefighter
Engine 14
1-Captain
1-Engineer
1-Firefighter

HFD ORG CHART
A-Shift
Battalion Chief

HFD Analytics 2023

Incidents by Day and Category
Stations by # of Incidents
HFD Analytics 2023

Property Loss / Average Response Times

Station Information

STATION 1
110 5th Street, Hollister
Fire Department Headquarters, Fire Chief’s Office, Battalion Chiefs’ Offices, and Prevention.
2023 Incident Totals

STATION 2
2240 Valley View Drive, Hollister
2023 Incident Totals

STATION 3
Hollister Airport, Hollister
2023 Incident Totals

2023 Incident Totals
STATION-4
24 Polk Street, San Juan Bautista

Training
Training is an essential component to providing effective firefighting ser- vices. The Training Division is comprised of one Battalion Chief that over- sees all training for Hollister’s 48 sworn fire personnel. There are four line staff that are an integral part in conducting our new hire academes.

In April of 2023, five new firefighters were hired in anticipation of retire- ments.

Firefighters are required to become certified Firefighter I and II by the State of California Fire Marshal, they receive 24 hours of Hazardous Ma- terials training, 56 hours of wildland training , and 312 hours structure fire training. This also includes 180 hours of Emergency Medical Techni- cian Training (EMT). Once all this is complete, all newly hired firefighters go through a 18-month probationary training period where they learn our procedures, techniques, equipment, apparatus, streets, driving, and other fire fighting skills.

HFD hosted a highly sought after Engine Opera-
tions class in 2023. “Stretching, Flowing and
Moving” came to Hollister. Firefighters from in
and out of the state joined us to hone the craft
of Firefighting. The skills of firefighting are per-
ishable, and maintenance of those skills are im-
perative. Many members seek outside classes
for that maintenance,
from formalized re-
quired classes to infor-
mal skill building clas-
ses.

Training

Training
2023 began with a multi-agency training drill. Agen-
cies from our bordering counties, collaborated on
Target Hazards, Strategic and Tactical deployment.

The auto-aid and mutual aid partners included, Aro-
mas Tri-County Fire District, North Monterey Coun-
ty Fire District, Watsonville Fire Department, Pajaro
Valley Fire District
and CalFire. This col-
laboration of agen-
cies maintains train-
ing partnerships and
provides support in
the event of a large
scale event. We also
pride ourselves in
being an active mem-
ber of the Monterey
County Training
Officers Association.

Fire Prevention

ACTIVITY 2023
TOTAL INSPECTIONS 1,776
PLANCHECKS 359
CPR CLASSES 32
CPR PARTICIPANTS 303
NEW CERTIFIED INSTRUCTORS 5
FIRE EXTINGUISHER CLASSES 5
FIRE EXTINGUISHER PARTICIPANTS 165
STATION TOURS 33
ON SITE SCHOOL VISITS 23
MISC. PUB ED DETAIL 10
FIRE INVESTIGATIONS 7

National Fire Prevention Day
• STATION TOURS
• JR FIREFIGHTER

CHALLENGE
• HOTDOGS, WATER,

CHIPS, & COTTON
CANDY

2022 GRADUATES 8
NEW EXPLORERS 10
TRAININGS 16
PUB ED DETAIL 5
Fire Explorers

Accomplishments
• The Department onboarded five new firefighters
• The training division held its first class open to
outside firefighters at the training tower.
• Prevention working with the training division
taught and certified 80% of the of the City of Hol-
lister employees in CPR.
• The department received two new fire apparatus
a 4x4 unit and a new water tender with 4x4 capa-
bilities.
• The City of Hollister City Council approved the
purchase of a new ladder truck. The city has been
without a ladder truck since 2020.
• The department received a new set of E-tools
“Battery Operated Jaws of Life” for Engine 11, All
front line fire apparatus now utilize the same
equipment improving efficiency, and interopera-
bility.
• Updated our auto aid agreement with Aromas Tri
County FPD.

Accomplishments
New Type 3 Fire Engine
New 4x4 Water Tender 2000 Gallon
Concept Drawing Of New Ladder Truck
Due To Arrive End of 2025
Vehicle Purchase
Price:
$529,038.24
Vehicle Purchase
Price:
$476,008.29
Vehicle Purchase
Price:
$1,987,598.81

Goals For 2024
• Continue with feasibility study for possible future fire protection district.
• Station 1 painting.
• Develop a plan for future staffing of new ladder truck. • Fire Department Master Plan / Strategic Plan.
• Purchase equipment for new ladder truck.
• Replace thermal imaging cameras.
• Develop a plan for a new brick and mortar station 3.
• Develop an auto aid agreement with Gilroy.
• Repair Floors at Station 2.
• Electrical repairs Station 1 and 2.
• Covering for equipment at training grounds.
• Install 40 Hr. Captain
• Develop plan for SCBA replacement current units ex-
pire in 2028.
• Develop standard operating guidelines for depart-
ment.

CONTRACT
The COUNTY OF SAN BENITO ("COUNTY") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1 .

1. Duration of Contract.

This contract shall commence on June 23, 2013 and terminate on June 30, 2015. It is the intent of the COUNTY to enter into this agreement with the CITY for a long term arrangement. Therefore, it is anticipated that the contract will be renegotiated at the end of its term, unless sooner terminated as specified herein. Not withstanding the above, this contract shall be automatically renewed on July 1, 2015, and each July 1s` thereafter, for successive one year terms, unless terminated pursuant to this contract.

2.Scope of Services.

CONTRACTOR, for COUNTY's benefit shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. Compensation for Services.

In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. General Terms and Conditions.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. Insurance Limits.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. a) Comprehensive general liability insurance: $1,000,000 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: $1 ,000,000 The above insurance requirements may be met through the City's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

6. Termination.

The number of days of advance written notice required for termination of this contract is 270 days

7. Specific Terms and Conditions (check one)
There are no additional provisions to this contract.

X I The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

Revised 4 05 Pagel of 2Page 424 of 583

X 1 The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment E.

Attachment E is made a part of this contract.

8. Information about Contract Administrators.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for COUNTY: Contract Administrator for CONTRACTOR:

Name: Ray Espinosa Name: Clint Quilter
Title: Interim County Administrative Officer Title: City Manager Address: 481 4th Street Address: 375 5`" Street
Hollister, California 95023 Hollister, California 95023 Telephone No.: (831) 636-4000 Telephone No.: (831 ) 636-4300 Ext 15 Fax No.: (831) 636-4010 Fax No.: (831 ) 636-4310

SIGNATURES
APPROVED COUNTY: APPROVED BY CONTRACTOR:

O
Name: Anth ny Botelho Name: Ignacio Velazquez
Chair, San Benito County Board of Supervisors Title: Mayor,] City of Hollister Date: L{ 13o/13 Date: / UP-y 6 „3'D 7 3
0 APPROVED AS TO LEGAL FORM:APPROVED AS TO LEGAL FORM
Matt Granger Stephanie Atigh
County Counsel City Attorney
Iroir
V
By: CLr G.rc —)1.cA-w0Scir\i By:

SSk s`k-Gnj Cc nt CCunSQ
Revised 4 05 Page 2 of 2Page 425 of 583

ATTACHMENT A
Scope of Services
I.

OVERVIEW
The Fire Protection Services to be provided by the City of Hollister are Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response flooding, downed power lines, earthquake, etc), Fire Prevention Services, Fire Investigations, and Fire Inspections and Pre-Planning Services for the County Planning Department.

Additionally, the County of San Benito hereby contracts with City of Hollister to provide administrative and operational management of fire services within the County. The City of Hollister Fire Chief is also delegated the authority by the County Board of Supervisors to act as the County Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protection program for the County of San Benito.

II.

OBJECTIVES
The parties define the following objectives to be met by City of Hollister in accordance with the terms of the agreement The Agreement also defines the objective to consolidate all fire services countywide in the unincorporated areas of San Benito County.

ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief will meet quarterly with the Fire Committee comprised of two members of the Board of Supervisors and two members of the City Council to report on administrative policies and fire issues ensuring the County has input with regard to fire services provided. Quarterly the Fire Chief or his/her designee will make a presentation to the County Board of Supervisors regarding the status of fire services within the County.

FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.

MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of the County.

RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve firefighters through improved communications, working relationships, and benefits as determined by the City.

JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County and Hollister city limits.

Revised 4/13 Attachment A: Page 1 ofPage 426 of 583

FACILITIES: Identify and recommend an effective inventory of facilities to serve the County and meet the needs of the Department.

PRE-PLANNING AND FIRE INSPECTIONS: Assist County Building and Planning with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes.

County and City each agree to establish fire permit fees that effectively recover the agency's costs, as permitted by law.

VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive fire prevention program.

TRAINING: Ensure that all personnel including reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the department. Ensure that GIS training is provided to all firefighter personnel including reserves who may respond to a call so that all responders are able to utilize the GIS system effectively.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.

EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholders' meetings including but not limited to Base Station, Pre-hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.

DISASTER PREPAREDNESS: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in local exercises and training that are consistent with the County Operational Area Plan.

III.

PROPOSED STAFFING, TRAINING LEVELS & ORGANIZATIONAL CHART Staffing levels, training levels, use of auto/mutual aid agreements, and the transition process shall be consistent with the proposal attached to this contract as Attachment "E", unless otherwise agreed to, in writing, by the parties to this Agreement. The parties intend that the staffing in the Hollister Fire Department will be comprised of 27 full time paid fire professionals with a ranking of Fire Captain, Fire Engineer or Firefighter and one full time Fire Chief, Fire Training Officer and Fire Marshal. Staffing will also include 80 reserves as designated in the proposal.

Three fire shifts will provide no less than a 3 (three) person response to all incidents. No less than one Fire Company will be assigned to each fire station.

Revised 4/13 Attachment A: Page 2 of 4

IV.

RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident. Additional resources may be requested dependent upon the incident.

V.

FIRE STATIONS
Four (4) Fire Stations are proposed to provide countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street Hollister. Station 2, also owned and operated by the City of Hollister, is located at Union Road. Station 3 will be located to the north in the vicinity of Hollister Airport. Station #4, which is located at 4th and Polk Streets, is owned by San Juan Bautista.

The proposal also references the option for a future station to be considered in South County. In reference to the location of the North County site, the City of Hollister agrees to evaluate the number of fire calls received in the unincorporated areas of the County and provide a report to the County Board of Supervisors within one year following execution of this agreement regarding the feasibility of establishing a permanent fire station in the northern area of San Benito County.

The Parties agree to meet to discuss funding for the North County site.

VI.

FIRE APPARATUS AND FIRE VEHICLES
Fire apparatus and fire vehicles will include both city-owned and county- owned vehicles with preventive maintenance to be provided by the City of Hollister. The County will maintain ownership and insurance coverage for the county-owned vehicles listed in this agreement. City will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles. County will provide Fire Chief with a comprehensive list of all County-owned firefighting equipment and apparatus no later than 30 days after execution of this Agreement.

Before the City accepts the County-owned vehicles for use in firefighting activities, the City will review the maintenance records and provide an inspection for each vehicle. The City's acceptance of County's fire vehicles, equipment, or apparatus is conditioned upon City's inspection and written acceptance.

For all County owned vehicles, CITY shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes, and tubes, Revised 4/13 Attachment A: Page 3 of 4

b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when said vehicles were accepted by the CITY for operation. c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that the CITY may cease to make further repairs on any vehicles when the CITY determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CITY determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CITY shall not be required to repair the vehicle or maintain it in use.
d) COUNTY, or the County through its insurance company, shall pay to the City the cost of all accident repairs in excess of $2,000 per occurrence.

For all fire equipment and vehicles, City shall keep a record regarding maintenance and repairs. All COUNTY personal property provided to CITY for the purpose of fire protection services shall be marked and accounted for by CITY in a manner that will identify the property as belonging to the County if the equipment is later returned to the County.

Revised 4/13 Attachment A: Page 4 of 4

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
One month in arrears.

Upon the complete performance of the services specified in Attachment A. x] The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by COUNTY to CONTRACTOR at the address specified in paragraph S of this contract,net thirty(30) days from the invoice date.

B-3. COMPENSATION
COUNTY shall pay to CON 1 FACTOR: (check one)
a total lump sum payment of S or
x] a total sum not to exceed One Million,One Hundred and Six Thousand,Seven Hundred and Fifteen Dollars (1,106,715.00) Per Year,which shall be adjusted annually to a CPI increase of not more than 3%,as set forth in B-1 below, for services rendered pursuant to the terms and conditions of this contract and pursuant to any special compensation terms specified in this attachment,Attachment B.

B-4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms of compensation.
x ] The following specific terms of compensation shall apply:
a)The City will invoice the County quarterly for services rendered. b)In the first year of the contract, the annual contract amount shall not exceed 51,106,715,except as set forth herein. In all subsequent years, a CPI adjustment of no more than 3% each year will be added. Specifically, in subsequent years, the contract amount shall be increased annually, starting July 1,2014, by the percent change of the year ending December of the Consumer Price Index,All Urban Consumers (CPI-U),for the San Francisco-Oakland-San Jose area,but the increase shall not exceed 3% in any given year. The inflator data for the CPI specified above is typically available in mid-January from this website: htty:// www.bls.eov/ro9/vachist.htm . c) All parties acknowledge that in the event of a major disaster, loss,or need to replace a major piece of county equipment,County shall be responsible to pay to City the cost of the replacement which may exceed the"not to exceed" amount in B-3 above;such purchases shall be subject to the review and approval of the Board of Supervisors. In the case of the County not approving the replacement cost of County equipment, City shall be entitled to reduce the level of fire services commensurate with the County equipment no longer in operation.

END OF ATTACHMENT B.

Revised 4/13 Attachment B: Page 1 of 1Page 430 of 583

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

C111" and COUNTY each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of,or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indenmitee in connection with such claims or losses. A party's "performance" includes the parh-'s action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENTT CONTRACTOR.

CITY and its officers and employees, in the performance of this contract, are independent contractors in relation to COUNTY and not officers or employees of COUNTY. Nothing in this contract shall create any of the rights, powers,privileges or immunities of any officer or employee of COUNTY. CITY shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of this contract. CITY further represents to COUNTY that CITY has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CITY covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CAI Y further covenants that, in the performance of this contract,no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CITY shall comply with all applicable federal,state and local laws now,or hereafter,in force,and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under this contract
C-5. PROHIBITION AGAINST ASSIGNMENT AND DELEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by UPI.Y without the prior written consent of COUNTY,and any attempted assignment or delegation without such consent shall be void.

Cit_r of Hollister IT K—'Art C' rer ised 0906
Page I of 4

C-6. NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect To this end, the provisions of this contract are declared to be severable.

C-S. ENTIRE CONTRACT.

This contract is the entire agreement of the parties. There are no understandings or agr eemenis pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause,at any time.In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of days specified in paragraph 6 of this contract.The termination notice shall be made as specified in paragraph C-11, below.In the event of termination,COUNTY shall pay CITY for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES_
Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator;or
b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid;or
c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail,addressed to a party's contract administrator as indicated in this contact, on the same day as the facsimile transmission is made.

City of Hollister IT K--Art C revised 05.06

C-12. RESPONSIBILITY OF CONTRACT ADYIINISTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the parry's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant,and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNIY's receipt of consideration with knowledge of CiTY's violation of a covenant does not waive its right to enforce any covenant of this contract. The parties shall not waive any provisions of this contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

COUNTY s and CRY's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators and assigns of till. UPII and all of CITY's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights,options,elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other part. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed- C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract,or that such party willingly foregoes any such consultation.

Cin_ of Hollister IT IC-`AIL C' revised 05'0i5

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant,or believed to be relevant to this contract may hereunder turn out to be other than, or different from the facts now known to such party as true,or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Cir.of Hollister IT I:--An.C' revised 05/06

ATTACHMENT D
Specific Terms and Conditions
I.

INDEMNIFICATION
The indemnification provisions set forth in Attachment "C", shall survive the termination or expiration of this Agreement.

II.

AMENDMENTS
This Agreement may be amended only in writing which is signed by both parties.

III.

GRANT ADMINISTRATION
CITY will apply for grants on behalf of the CITY and the COUNTY as it determines prudent in its sole discretion, and will administer all grants received. For grants for the purchase of equipment and supplies, the City shall apply those grants equitably between City and County equipment and vehicles. based on age and lifespan of current equipment and vehicles. CITY will provide COUNTY with information on all grants received and how the funds were expended.

I v,

WORKERS COMPENSATION
COUNTY shall not be liable to any officer, employee, reserve or agent or CITY for any sickness or injury incurred by such person in the course of performing services under this Agreement. All workers compensation insurance shall be the responsibility of CITY.

V.

NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either Party as a result of this agreement.

VI.

FUTURE GROWTH
During the first year of the agreement, the Parties shall meet to develop a process to fund fire services related to future growth. The discussion will include the feasibility of full time staffing on the west side of the county and the placement of a Reserve fire station and staffing in South Attachment D: Page 1 of 2Page 435 of 583

County to increase fire protection. All parties will establish a Mello Roos or similar type of funding source for continued funding of fire services within new commercial or residential developments, which funding shall equal to or exceed the level that Hollister has established.

VII.

MAXIMUM AMOUNT OF AGREEMENT
The Parties may agree in writing to modify the maximum amount and compensation terms of this agreement. Any increase shall be approved in advance by the governing bodies of the CITY and the COUNTY.

VIII.

EFFECTIVE DATE OF THE CONTRACT
This contract is contingent upon Cal-Fire terminating its contract with the County effective June 30, 2013. County will take action upon the approval of this contract to notify Cal-Fire of the termination of the Cal-Fire Contract and will keep City of Hollister advised of Cal-Fire's response to the County's notification. The Parties expect that this contract will take effect on June 23, 2013.

Attachment D: Page 2 of 2

Attachment"E"
Proposal for Fire Protection Services
1

Pagel of t3

FIRE PROTECTION SERVICE FOR

SAN BENITO COUNTY
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Servicing the Community for Over 135 Years
Hollister Fire Department
128
Hottis4tes Prupcsit thr County-Wide Preteefts tottrtb 213 Prepared by Cblef Cbabkrb Ciptels(Parma,

Page a of 13

BACKGROUND
San Benito County Board of Supervisors farmed a Fire Protection Committee which has requested a'snap shot'view of how the Hollister Fire Department could provide fire service throughout the county. The funding is based on combining the current fire budgets from the city and county. This document will provide the Fire Protection Committee an option in recommending a direction for fire protection services,
Hollister Fire Department,San Benito County fire Department,San Juan Bautista Fire Department,and Aromas Fire Protection District provide San Benito County's fire protection.

Hollister pre Department
WO has had the responsibility of fire protection within the city limits of Hollister since 1875. Hamster Fire Department provides service from two fire stations. Station 1 is located at 110 Fifth Street and Station 2 is located at 1000 Union Road. Each station provides service with one 1500 gallon per minute type I engine. Additional unstaffed and reserve vehicles are stored and maintained at earn station. The reserve vehicles can be staffed with off-duty personnel when needed. The service engines ere staffed with three(3)personnel referred to as a Company. Each Company Includes one(1)Captain,one(1)Engineer,and one(1)Fire Fighter.

The Hollister Fire Department g suppremented by 25 reserve Fire Fighters who respond to significant calls(See Exhibit A).

San Benito County Fire Department
San Benito County contracts with Cal Fire for fire protection and has jurisdiction In the unincorporated areas of the county. Although San Benito County Fire Department does not own a fire station,it does own fire apparatus that includes the staffed first-out engine,a reserve engine,a water tender and an engine designed for wild land fires. San Benito county Fire Department owns another engine which is housed in San Juan Bautista end is utilized by San Juan Bautista reserve Fire Fighters when they respond into county areas.

San Juan Bautista Fire Department
SJB Is an all-volunteer department and has responsibility within San Juan Bautista city limits. San Juan Bautista Fire Department provides response from one station located within the city of San Juan Bautista and responds into the county under an automatic-aid agreement.

Hollister City Fire Department and San Juan Bautista Fire Department are both dispatched from Santa Cruz Regional 9-1-1 EMD center;while San Benito County Fire Department is dispatched by the Cal Fire dispatch center located in Monterey. All 911 calls are initially answered by Santa Cruz Regional 9-1-1. Emergency calls that require San Benito County 129
ttoBistres Proposal Sr Caw bonier Profession Mann 2.13 Propane by Chid Cannon.Capella O'Connor

Fire Department are then transferred within a 60-90 second timeframe to Monterey. Hollister and County have entered into an auto-aid agreement That specifies areas where both agencies' resources are dispatched to durlgan emergency. Both the city and county fire departments request mutual-aid assistance from each other regularly. 130
tial aster)Proposal Fur coaaly-Wide Pttterrma Marsh 20t3 Prpnrcd 47 OMCl cAdm Caputo OY'oaaar

Pege 4 of 13
if Hollister City Fire Department provides fire service to the county,additional facilities will need to be strategically located using Standards of Cover. Standards of cover will locate fire stations to provide 4-7 minute response times for 90%of calls. Desirable locations are to the west and to the north of the city. A station bated on the west side will provide additional response to the west side of the city as well as to San Juan Bautista. Locating a station to the north wiill provide Improved coverage to the Industrial district of the city and cover a large population in the unincorporated area. Both locations will allow utilization of Hwy 156 for access to the other response zone.

Positioning resources throughout the county improves response times,which are imperative to life safety and reducing life hazards.A station located to the west as well as the north will provide the most efficient fire protection.The city of San Juan Bautista owns a facility that may be utilized for the fire station In the West.The recommendation is to use this facility.

Hollister Fire Department is proposing two tiers of response.Travel times will determine the resources that are dispatched to an emergency.Emergencies within 15 minutes travel time MI receive resources as follows:(See Exhibit B)
Medical emergency-one company(3 personnel)
Vehicle accident with injuries-two companies(rescue unit&engine)(6 personnel) Structure fire-three companies(9 personnel)and reserves;off-duty paid and reserves to cover stations
Vegetation fire-two companies and reserves(6 personnel);off-duty to cover stations o Hazardous materials incident-one company(3 persons);additional resources as required
Technical rescue-one company(3 personnel)
A Chief Officer will be notified and dispatched to ail incidents requiring an incident Commander.

Emergencies which occur outside the 15 minute travel time will receive resources as follows:
e Medical emergency-one company(3 personnel)
Vehicle accident with Injuries,two companies(6 personnel)with reserves staffing the second engine
o Structure fire-three companies(9 personnel),off-duty personnel and reserves will staff the second and third engine,water tender,or needed equipment Vegetation fire-two companies and reserves staffing the second engine,plus Cal Fire(as required by State mandate)
131
iledSl&Y Prepmd ter Cw•q-wide Prueedee Mara 2013 Popared by Cb WQxiMnt.Capral•a'Cnsner

Hazardous materials Incident-one company(3 personnel)or(Haz-mat team) Technical rescue-one company(3 personnel)
A Chief Officer will be notified and dispatched to all incidents requiting an Incident Commander.

If an incident was to escalate beyond the capabilities of the initial resources,additional equipment staffed with on-duty and off-duty personnel,as well as reserves,could be requested.A minimum level of service will need to be maintained throughout the department to respond to any additional emergencies.if the number or size of Incidents wasto affect the minimum level of service a request for mutual aid would be made. (Mutual aid is the use of adjaning agencies for additional resources during a draw-down of resources.) In order to provide this level of service,an additional engine company will need to be placed in service.To maintain consistency with department operations the additional engine company will be staffed with personnel that meet the job specifications. 132
e(oaistia Prvpofnl far Cwary.WMe Protecgae March 2013 Papered by Cdhr(3enwt,CiprNn(rte mor

STAFFING
Fire Chief
The Fire Chief provides administrative direction and leadership for all fire department functions,operations and personnel through the direction of staff and a review of their activities. Responsibilities include: reviewingthe general operations of the department to determine efficiency;initiate and advise on the development of ordinances and regulations; makes recommendations to the cities and county staff for the establishment and maintenance of an adequate fire defense;supervises subordinate officers in the development and operation of fire training and fire prevention programs; prepares budget estimates;prepares short and long range plans for the development of the department;developing and Implementing policies and procedures.

It will be the obligation of the Fire Chief to keep the City Managers,City Councils, County C.E.O.and Board of Supervisors informed of the direction of departmental progress within this newly created agreement The Chief will likewise bring departmental requirements and staff recommendations to the City Managers,City Councils,County C.E.O.and Board of Supervisors.
fire Marshal
The Fire Marshal will be in charge of Are Prevention Bureau and will be assigned to a 40 hour work week. Fire Prevention responsibilities will be done dty and county-wide. These responsibilities include: plan review,inspections during construction;final testing and approval of fare safety features on structure improvements or new construction;inspections and company inspections of existing businesses,assembly occupancies,schools,and other state required inspections The Fire Prevention Bureau will continue to ensure that fire safety requirements are met for the protection of 5fe safety.

An equally important facet of Fire Prevention Is the preplanning of existing and new building to support suppression activities and provide for the safety of fire personnel.

Prevention Bureau is responsible for fire Investigations in the city end county In the determination of fire cause(such as accidental,arson,or violations of fire safety codes). Fire Prevention will be responsible for overseeing public education regarding fire safety and hazardous materials in both classroom settings as well as at business sites,the issuances of fire permits regarding firework stands,public firework displays,debris burns,and other public events,cost recovery hi the form of permit fees,violation fines,and building permits.

The Are Marshal will assist the Fire Chief by providing Command and Safety roles at emergency scenes,and providing assistance with technical assistance,developing department objectives,policies,and procedures,setting goals and prioritizing dailyoperations. 133
H flIM s Propes&tot Oteety4V ice Protection Math 20t3 Prepetd by cue Cderihz Caplets O'Co na•

Page y 04 i;
The City of Hollister and the County of San Benito Code Enforcement Officials will need to take consistent, effective action with problem areas that have been identified by the suppression companies or Fire Marshal.

Fire Captain
A certified company officer(Fire Captain)is assigned to each engine company and provides direct supervision over sworn staff. Fire Captains report directly to and receive general direction from the Fire Chief or designee.The standard that Holster Fire has adopted for Fire Captain is the California State Fire Marshal'Fire Officer"certifkation.Other requirements Include Incident Command System(iCS)400, National Incident Management System (NIMS)700 and 800, Hazardous material I.C.and two years of experience with a municipal fire department.A Captain provides direction to work groups and is responsible for crew safety.The Fire Captain Is a vital element to the fire departments shift and crew operations.Our Captains must also:(1)possess a valid EMT card,(2)be Automatic External Defibrillation(MD)trained, and(3)possess a Carrfomia Class 8 driver's kense.

There Is a Fire Captain assigned es both the Training Program Manager and Reserve Liaison.

This Captain oversees scheduling and record keeping of all department training.The Training Captain/Reserve Liaison also facilitates communications between the reserve group and the Fire Chief.

Engineer
An Engineer is assigned to each engine company to drive and operate the vehicles.The Engineer receives general direction from the Fire Captain and exercises technical supervision over Fire Fighters with respect to the operation and maintenance of vehicles,, equipment,and apparatus.An Engineer must:(1)possess a California State Fire Marshal Driver/Operators certificate,a"Fire Fighter I certificate and a"Fire Fighter li"certificate,(2)be trained to Hazardous Materials Operational level,(3)possess Class B driver's license,and(4) possess AED and EMT certifications.This ensures that the vehicle operators have been trained in all aspects of the Job to include routine testing and maintenance. fire Fighters
Fire Fighters are assigned to the engine companies and receive direct supervision from the Fire Captains.Fire Fighters must possess California State Fire Marshal like Fighter r certificate.This certification signifies that its bearer has attained training to all state standards, has completed a minimum of 348 hours of training,plus passed all manipulative performances and all examinations, Fire Fighters are also required to obtain hazardous materials training to 134
Hain btel hopeol for Canty-Wide Proletaoo Mnb 2913 hips red by Clad ellestan,Caputo O'Coanar

the Operational level Additionally,each of our Are Fighters:(1)are medically trained to the EMT level,(2)must possess a valid California driver's license and(3)are AED trained.

Reserve Fire Fighters
The Hollister Fire Department Reserve Fire Fighters are utilized and depended upon to a significant degree within our department when incidents requiring additional resources occur.

This necessitates our reserves to be trained In a similar manner and to the same standards as our paid staff.This criterion for instruction is met during the reserves'mandatory attendance of our training academy.Academy is comprehensive and in-house.We teach by utilizing portions of the California State Fire Marshal's'Fire Fighter r training curriculum. This enables usto keep reserve and paid staff training aligned and to keep standards high. likewise,reserves are Hazardous Materials Operational level, meet the California Code of Regulations Title 22 for medical training and AED trained,
Reserves throughout the county will need to be brought into one cohesive group.Having all Reserve Fire Fighters attend the City of Hollister Fire Department's Basic Training wifl ensure That Fire Fighters from San Benno County Fire Department and San Juan Bautista world be familiar wkh Hollister City Fire's operations and equipment.Current San Benito County Fire Reserves will play an Integral part bl providing Goss training on the unique apparatus and equipment that San Benito County Fire utilizes on a regular basis.This will provide for a consistent level of service.The total number of reserve Fire Fighters will be Increased to a level to accommodate all current reserves and the roster size will then be reestablished at eighty 4so1•
135
r#o#mr's Propaosi For Coaelg RRB,Protection March 2013 Prepared by Did Ck®D6n.Cops.O'Coanor

STAFFING LEVELS
cg!1 ent st?ffir!g i :

Hollister S10 County(Cal-Fire)
Chief 1 100%Volunteer Chief 10%
Captains 7 Fire Fighters Captain 1
Engineers 9 Apparatus Operator 3
Fire Fighters 6 Fire Fighter 2
Reserves 25 Reserves 25
Prevention 0 Prevention 0
Clerical 1/2
Pro¢oset(. 9ffing{evels:

PCF(reserves) 80 on call by pager
Reserves on Duty 4
Fire Fighters 6
Engineers 9
Captains 9
Adman Asst 1
Training Officer 1 always on call by pager
Fire Marshal 1 always on call by pager
Fire Chief 1 always on call by pager
Proposed staffing levels revolve around the premise that current levels of fire service are maintained. (See Exhibits C and D).
136
ilCtsterbPtG plrarCaa WMe PreteHl•• narta 2013PPrepared byCk t1c Yi+4CapaCapella O'Ceanar

Pogo to of ty

TRAINING LEVELS
Hollister Fire Department recognises the California State Fire Marshal(CSFM)as the training authority and uses the CSFM Fire Fighter I and Fire Fighter R training curriculum.When personnel are added to the reserve group,an in-house Basic Training Academy Is conducted to ensure that all staff is trained to minimum levels.

Scheduled training for the PCF(reserves)is conducted on the first Wednesday and third Wednesday of each month from 7:00pm to 9 00pm.This accommodates reserve staff who work normal business hour type Jobs.There are two,two hour drills scheduled for each month.

Scheduled drills consist of practicing firefighting skills,technical rescue,and company evolutions. Reserves are required to participate in 24 hours of station time in which the reserve needs to complete three hours of training consisting of classroom activities and an individual performance evaluation.Each quarter reserves need to meet a minimum attendance requirement of 75%of drills,24 hours of station time,and respond to 25%of paged out calls, Paid staff Is assigned 200 hours of annual training,the training categories assigned are;fire, technical rescue,and hazardous materials,Staff members that have met the criteria to be qualified driver/operators are assigned an additional 12 hours of driver training annually.

Training for full-time staff is scheduled during normal work shifts.

The Emergency Medical Services(EMS)training conducted by Hollister Fire Department is approved by the San Benito County Medical Services Coordinator.Once the curriculum and the Instructor have been approved the training is then offered to all EMS agencies within the county. Upon completion of the training,continued educational units are provided through the Medical Services Agency.

Specialized apparatus(Truck,Rescue, Water Tender,tight Air Unit,and Wild Land Engine) will be cross staffed by on-duty personnel.Ail equipment will be available for response with call-back personnel consisting of oft duty and reserve personnel. 137
Hdb t ',Prontla for CaM7.Wide Protcribo March 2013 PrepsrN by Cbkn Cabby,e,Caputo O'Cotoor

va ariofr3

CURRENT AUTO/MUTUAL AID AGREEMENTS
Current operations Include frequent use of auto or mutual aid requests.The aid agreement between the City and County states the City can request either one(1)Type 1 Engine or one(1) Type 3 Engine with the staffing level of two.The County can request one(1)Type 1 Engine staffed with three(3)),the Truck,or the Rescue(staffed with two(2))depending on the nature of the incident.When a request for aid is made,the agency providing aid becomes a resource to the requesting agency and is committed to the Incident outside their Jurisdiction.The auto aid areas are disproportionate in size. Hollister City Fire Department responds to a larger area of the county than what San Benito County Are Department covers in the city. This also creates a disproportionate number of calls the Hollister City Fire Department responds to In the county area. Hollister Fire responds more personnel Into the county than the county responds Into the city per cal!.

During the calendar year for 2012 Hollister Fire Department provided aid to the county approximately 413'times. Hollister Fire received aid from the County Fire Department approx. 54 times with 29 of those cos at the same address.Duplication of resources currently occurs on some auto-aid incidents.With one fire agency providing service,there will not be dupiket:on of service and auto aid agreements could be simplified-or in some cases eliminated.Any current auto aid agreements which San Benito County has entered will remain in effect The aid agreement between the County and San Juan Bautista may need to be modified but will remain in place.With one agency providing fire service additional resources could be requested on a common radio frequency through a common dispatch center.The common&watch center will eliminate the delay of transferring 9-1-1 emergency calls from one dispatch center to another. This improves response times by 1 to 2 minutes in most cases. 138
Nothsr`s Proposal for CatstyWide Prataaton March 2013 Propared by Old meet%Captain O'Ceaaar

Page a ofl3

MI TRANSITION
The transition will start with an evaluation of San Benito County Fire Department's equipment and training records.This will set the overall progression of the transition.The transition will consist of hiring and training the personnel,making adjustments to standard operating procedures and responding to emergencies. Hiring personnel could be done simultaneously with the training and could be accomplished within three months.Any adjustment to operational procedures will need to be evaluated as needs are determined.

Emergency response will take place as soon as the minimum staffing is met.The additional fire station may be accomplished by establishing a temporary station on the new site until required tenant improvement/construction is complete.An alternative to a temporary station could be to respond to emergencies from an existing city station.

The combination of city and county resources will provide for the immediate needs.The presumption is that all engines are outfitted according to NFPA standards,meet DOT Standards and the ongoing preventative maintenance has been completed.it is also presumed that other firefighting equipment such as Self-Contained Breathing Apparatus(SCBA),personnel protective equipment and fire hose has been inspected,tested,and maintained according to NFPA.Current aid agreements will need to be reviewed and modified it Is also suggested that the City of Hollister Fire Department and San Juan Bautista Fire Department utilize like standards and procedures.
139
lteuWv's Propose'for Canty-Wide Prerxtles March 2013 Prepared by Chid Cheddre.CYp$ale O'Caravar

Page fjef fi

FINANCIAL IMPLICATIONS
The financial Implications do not address the need for an additional fire station or the costs to operate such a facility.

It should be noted that the regionaUzation of fire service would Increase the availability of grant funding to address ongoing and future needs.

Services and supplies include operating supplies,fuel,vehicle maintenance, and training costs.

The City is open to negotiating a multiyear contract with annual increases tied to an appropriate Index and upped at 3%annually.

Cost to San Benno County for fire protection is$1,106,715.00 annually. Cost includes Salaries end Benefits,Services,Supplies and Equipment, Fuel,and other operating costs. 140
Hoabters Propoal for ComelyWide Proration Marta 2013 Prepared by Chief Cbmtre,Capufo O'Coanr

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RESOLUTION NO. 2013-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH THE COUNTY OF

SAN BENITO FOR FIRE PROTECTION SERVICES
WHEREAS, the County of San Benito requested a proposal from the City of Hollister Fire Department for Fire Protection Services, and; WHEREAS, the City has negotiated a contract with the County of San Benito based upon that proposal, and;
WHEREAS, the City Council has determined that entering into such a contract is in the best interest of the City;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER that the contract for Fire Protection Services with the County of San Benito is approved.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the Fire Department to hire personnel to fulfill the contract requirements.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Hollister duly held on the 6th day of May 2013, by the following vote:

AYES: Council Members Valdivia, Friend, Scattini, Gomez, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:
i
QC
GEM Johnson, Ntt•GIC, City Clerk
DUPIICCIE ic94-EC keRKAPPROVEDASTOFORM:

OFF G v SStR
9 teph nie Atigh, City Attorne

CONTRACT
The County of SAN BENITO ("COUNTY") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on October 1, 2015 and terminate on September 30, 2018. It is the intent of COUNTY to enter into this agreement with CONTRACTOR for a long term arrangement. Therefore, it is anticipated that the contract will be renegotiated at the end of its term, unless sooner terminated as specified herein. Not withstanding the above, this contract shall be automatically renewed on October 1, 2018, and each October 1st thereafter, for three (3) successive one year terms, unless terminated pursuant to this contract.

2.SCOPE OF SERVICES.

CONTRACTOR, for COUNTY's benefit shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. a) Comprehensive general liability insurance: $1,000,000 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the City's program of self- insurance and insurance through the California Affiliated Risk Management Authority CARMA).

Revised 10/05/15 Page 1 of 2

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

7. SPECIFIC TERMS AND CONDITIONS (check one)
There are no additional provisions to this contract.

X] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

8.INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for COUNTY: Contract Administrator for CONTRACTOR Ray Espinosa William B. Avera
County Administrative Officer City Manager
481 Fourth Street 375 Fifth Street
Hollister, CA 95023 Hollister, CA 95023
831) 636-4000 831) 636-4300 x11
831) 636-4010 FAX 831) 636-4310 FAX
APPROVED BY COUNTY: APPROVED BY CONTRACTOR:

Margie B rios Ignacio Velazquez
Chair,San Benito County Board of Supervisors Mayor, City of Hollister Date: /Q/2_(}lir Date: October 19, 2015
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:

Matt Granger, County Coel Bradley Sullivan, City Attorney ATTES`
Thomas A. Graves, CMC, City C rk
Revised 10/05/15 Page 2 of 2

ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by the City of Hollister shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for the County Resource Management Agency(RMA).

Additionally, the County of San Benito hereby contracts with the City of Hollister to provide administrative and operational management of fire services within the County. The City of Hollister Fire Chief is also delegated the authority by the County Board of Supervisors to act as the County Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for the County of San Benito.

A-2 OBJECTIVES
The parties define the following objectives to be met by City of Hollister in accordance with the terms of the agreement. The agreement also defines the objective to consolidate all fire services countywide in the unincorporated areas of San Benito County.

ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief or his designee shall meet monthly with the Fire Advisory Committee, made up of two members of the Board of Supervisors, two members of the Hollister City Council, and two members of the San Juan Bautista City Council, to report on administration policies and fire issues ensuring the County has input with regard to fire services provided and future goals of the Department. Quarterly the Fire Chief, or his/her designee, will make a presentation to the County Board of Supervisors regarding the status of fire services within the County, on subjects which may include, but not be limited to, status of training,staffing, costs,call times, etc.

The Parties agree that all action requiring action by the City Council or the Board of the Supervisors shall be taken after due consideration is given to the recommendations of the Fire Advisory Committee on the proposed action. Thus, the Fire Advisory Committee shall have power to make recommendations on the direction of fire services (e.g.grants,station locations, executive staffing,etc.)
FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.

MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of the County.

Revised 10/05/15 Attachment A: Page 1 of 4

RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Fire Fighters through improved communications, working relationships, and benefits as determined by the City.

JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County and Hollister City limits with the exception of Aromas Fire District.

FACILITIES: Identify and recommend an effective inventory of facilities to serve the County and meet the needs of the Department.

PRE-PLANNING AND FIRE INSPECTIONS: Assist County Building Official and RMA with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days.

VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive fire prevention program.

TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.

EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholders' meetings including but not limited to Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.

DISASTER PREPAREDNESS: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in local exercises and training that are consistent with the County Operational Area Plan.

A-3 PROPOSED STAFFING,TRAINING LEVELS&ORGANIZATIONAL CHART Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of Fire Captain, Fire Engineer or Firefighter and one full time Fire Chief, two (2) Division Chiefs.

City of Hollister will strive to retain 50 reserves.

Three fire shifts will provide no less than a 2 (two) person response to all incidents Revised 10/05/15 Attachment A: Page 2 of 4

A-4 RESPONSE
Fire Companies will bedispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. S[R911 provides pre-event Anciden1 planning for calls for service and emergency medical dispatch' Fire Companies are assigned by the Chief to meet the need for each type of incident.Additional resources may be requested dependent upon the incident.

A'G FIRE STATION
Four (4) Fire Stations are proposed to provide countywide fire services. Station 1 is owned and operated by the City mf Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at Union Road. Station 3 will be located in the Northern part of the County, possibly at Rosa Morada and Fairview Road. Station#4,which is located at 4 m and Polk Streets, is owned by Son Juan Bautista. A possible Station 5 will be located in the Southern part of the County.

The future location will be referred to the Fire Advisory Committee for recommendation.

Ar6 FIRE APPARATUS AND FIRE VEHICLES
Fire apparatus and fire vehicles will include both city-owned vehicles with preventive maintenance to be provided by the City of Hollister. The County will maintain ownership and insurance coverage for the county-owned vehicles listed in this agreement. City will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

For all County owned vehicles, CITY shall:
a) Provide fuel,oil, lubrication, batteries,tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted bY the CITY for operation.
o\ Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CITY may cease to make further repairs on any vehicles when CITY determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CITY determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CITY shall not be required to repair the vehicle or maintain it in use.
d) COUNTY, or the County through its insurance company, shall pay to the City the cost of all accident repairs in excess of$2,QOO per occurrence.

For all fire equipment and vehicles, City shall keep a record regarding maintenance and repairs. All COUNTY personal property provided to CITY for the purpose of fire protection services shall bemarked and accounted for by CITY in a manner that will identify the property as belonging to the County if the equipment|s later returned to the County.

Revised1O/DS/1S Attachment A: Page 3of4

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by the County shall be provided to the County Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to the County for disposal pursuant to the County's surplus property policies.

END OF ATTACHMENT A
Revised 10/05/15 Attachment A: Page 4 of 4

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
One month in arrears.

Upon the complete performance of the services specified in Attachment A. x] The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by COUNTY TO CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty(30)days from the invoice date.

B-3. COMPENSATION
COUNTY shall pay to CONTRACTOR a total sum not to exceed One Million,One Hundred and Thirty Six Thousand,Two Hundred Sixty Four Dollars($1,136,264.00)for the contract term of October 1, 2015 to September 30, 2016.

For the term of October 1, 2016 to September 30,2017, COUNTY shall pay to CONTRACTOR a total sum of One Million, One Hundred Seventy Thousand,Three Hundred Fifty Two Dollars($1,170,352.00).

For the term of October 1, 2017 to September 30, 2018,COUNTY shall pay to CONTRACTOR a total sum of One Million,Two Hundred and Five Thousand, Four Hundred Sixty Two Dollars($1,205,462.00).

During any annual renewal terms beginning October 1, 2018,the compensation shall be adjusted annually by the percent change of the year ending December of the Consumer Price Index,All Urban Consumers(CPI-U),for the San Francisco-Oakland-San Jose area, but the increase shall not exceed 3%in any given year. The inflator data for the CPI specified herein this paragraph is typically available in mid- January from the website: http://www.bls.gov/ro9/pachist.htm .

B-4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms of compensation.
x]The following specific terms of compensation shall apply:
a)The City will invoice the County quarterly for services rendered. b)All parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, County shall be responsible to pay to City the cost of the replacement which may exceed the "not to exceed" amount in B-3 in the paragraph above, such purchases shall be subject to the review and approval of Board of Supervisors. In the case of County not approving the replacement cost of County equipment, City shall be entitled to reduce the level of fire services commensurate with the County equipment no longer in operation.

END OF ATTACHMENT B.

Revised 10/05/15 Attachment B: Page 1 of 1

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CITY and COUNTY each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

CITY and its officers and employees, in the performance of the contract,are independent contractors in relation to COUNTY and not officers or employees of COUNTY. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of COUNTY. CITY shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits,which taxes or benefits arise out of the performance of this contract. CITY further represents to COUNTY that CITY has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CITY covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CITY further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CITY shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract.

This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CITY without the prior written consent of COUNTY, and any attempted assignment or delegation without such consent shall be void.

Revised 10/05/15 Attachment C: Page 1 of 4

C-6 NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end,the provisions of this contract are declared to be severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, COUNTY shall pay CITY for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator; or
b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is Revised 10/05/15 Attachment C: Page 2 of 4

deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNTY' S receipt of consideration with knowledge of CITY's violation of a covenant does not waive its right to enforce any covenant of this contract. The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-1S. AUTHORITY AND CAPACITY.

COUNTY's and CITY's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CITY. CITY and all of CITY's heirs, successors, executors,administrators,and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

Revised 10/05/15 Attachment C: Page 3 of 4

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from,the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 10/05/15 Attachment C: Page 4 of 4

ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C,shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CITY will apply for grants on behalf of the CITY and COUNTY as it determines prudent in its sole discretion, and will administer all grants received. For grants for the purchase of equipment and supplies,the CITY shall apply those grants equitably between CITY and COUNTY equipment and vehicles, based on age and lifespan of current equipment and vehicles. CITY will provide COUNTY with information on all grants received and how the funds were expended.

D-4 WORKERS COMPENSATION
COUNTY shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CITY.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FUTURE GROWTH
The City will evaluate the feasibility of full time staffing on the west side of the county and the placement of a Reserve fire station and staffing in South County to increase fire protection. Staffing changes in these stations shall be approved by the County if such changes will result in a change in the cost of the County's contract. The COUNTY shall continue to explore the establishment of a Mello Roos or similar type of funding source for continued funding of fire services within new commercial or residential developments,which funding shall equal to or exceed the level that Hollister has established, if a fiscal study supports that amount,and/or in an amount as may be supported by the fiscal study.

D-7 MAXIMUM AMOUNT OF CONTRACT
The parties may agree in writing to modify the maximum amount and compensation terms of this Contract. Any increase shall be approved in advance by the governing bodies of the CITY and COUNTY.

D-8 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on October 1,2015.

Revised 10/05/15 Attachment D: Page 1 of 2

D-9 OTHER
The County and the City will continue to evaluate the feasibility of the formation of a JPA or special district for fire protection services.

END OF ATTACHMENT D
Revised 10/05/15 Attachment D: Page 2 of 2

RESOLUTION NO. 2015-204

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

CONTRACT TO PROVIDE CONTINUING FIRE PROTECTION SERVICES TO THE

COUNTY OF SAN BENITO
WHEREAS, in May 2013, the City Council approved a contract to provide Fire Protection Services for the County of San Benito, and
WHEREAS, said contract expired on June 30, 2015, and
WHEREAS, the County of San Benito still requires Fire Protection Services; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract to provide continued Fire Protection Services for the County of San Benito and hereby authorizes the Mayor to execute the contract.

PASSED AND ADOPTED by the City Council of the City of Hollister at a regular meeting held this 19th day of October, 2015, by the following vote:

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

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:

Thomas A. Graves, CMC, City erk
APPROVED AS TO FORM:

DUPLICATE OF ORIGINAL
L+G LLP, Attorneys at Law ON FILE IN THE

OFFICE OF THE CITY CLERK

CITY OF HOLLISTER
City Attorney

CONTRACT
The County of SAN BENITO ("COUNTY") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on January 1, 2019 and terminate on December 31, 2025.

This contract shall be automatically renewed on January 1, 2026, and each January 1st thereafter, for three (3) successive one year terms, unless terminated pursuant to this contract.

2.SCOPE OF SERVICES.

CONTRACTOR, for COUNTY's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, COUNTY shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. a) Comprehensive general liability insurance: $1,000,000 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the Contractor's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

Revised 10/30/18 Page 1 of 2

li

7. SPECIFIC TERMS AND CONDITIONS (check one)
There are no additional provisions to this contract.

X] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

8. INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for COUNTY: Contract Administrator for CONTRACTOR Ray Espinosa William B. Avera
County Administrative Officer City Manager
481 Fourth Street 375 Fifth Street
Hollister, CA 95023 Hollister, CA 95023
831) 636-4000 831) 636-4300 x11
831) 636-4010 FAX 831) 636-4310 FAX
APPRO B U Y CO RACT)) :

Anthony Botel At.. Ignacio Velazq z
Chair,San Benito County Board of Supervisors Mayor, City of Hollister Date: 11 /ZO/I P Date: 1 I
APPR ED AS TO LEGAL FORM: APPROV AS TO LEGAL FORM:

Barbara Thompson, County Coi7nsel Jaso pperso , C ty Attorney ATTEST:
r ;
rt
Christine Back MMC-,:Cit lerk
Revised 10/30/18 Page 2 of 2

ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by CONTRACTOR shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for the County Resource Management Agency(RMA).

Additionally, the COUNTY hereby contracts with the CONTRACTOR to provide administrative and operational management of fire services within the County. The CONTRACTOR Fire Chief is also delegated the authority by the COUNTY Board of Supervisors to act as the County Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for the County of San Benito.

A-2 OBJECTIVES
The parties define the following objectives to be met by CONTRACTOR in accordance with the terms of the agreement.

ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to the San Benito County Board of Supervisors a report on administration policies and fire issues and will seek guidance on county fire department questions or concerns ensuring the County has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts,the Fire Chief may assign a designee to repot in his/her place.

FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.

MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of the County.

RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the Contractor.

JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.

FACILITIES: Identify and recommend an effective inventory of facilities to serve the COUNTY and meet the needs of the Department.

Revised 10/30/18 Attachment A: Page 1 of 6

PRE-PLANNING AND FIRE INSPECTIONS: Assist County Building Official and RMA with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. The county reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed.

VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive fire prevention program.

TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.

EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements, and participate in EMS system stakeholder meetings, including, but not limited to:

Base Station, Pre-Hospital Advisory, EMCC,and SCR911 Fire/EMS Task Force and User Meetings.

COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking currently contract through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.

DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery,and mitigation activities.

A-3 PROPOSED STAFFING&TRAINING LEVELS
Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of one (1) Fire Chief, one (1) Battalion Chief per shift, one (1) Prevention Battalion Chief, and a combination of Fire Captains, Fire Engineers, and Firefighters to staff the four (4) engine companies covering the City and COUNTY.

Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed COUNTY designated engine and on the CONTRACTOR staffed Revised 10/30/18 Attachment A: Page 2 of 6

San Juan Bautista engine located within the San Juan Bautista city limits,and no less than a three (3) person response on all CONTRACTOR staffed engines located within the CONTRACTOR city limits(station 1 on Fifth Street and Station 2 on Union Road).

A-4 RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event/incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident.Additional resources may be requested dependent upon the incident.

Response goals have been established to allow CONTRACTOR and COUNTY to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example,a call that is 35 miles from the nearest fire station should take the first apparatus 60 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

Hollister Fire Stations Response Times j
Nto ,11
r tL t
LPL ! t
I.

Station Response Time Boundaries Stations
HOL1.0-4 HOL2:0-4 HOL3:0-4 HOL4:0-4 Existing
HOL1:4-6 HOL2:4-6-°-;HOL3:4-6 HOL4.4-6
HOL1.6-8 MO HOL2 6-8 ON HOL3 6-8 Ell HOL4:6-8 C Proposed r
Revised 10/30/18 Attachment A: Page 3 of 6

Hollister Fire Stations Response Times j \
I- I
I s Ili e =
z4
Station Response Time Boundaries Stations
HOL1:0-4 HOL2:0-4 HOL3:0-4 HOL4:0-4 Existing
HOL1:4-6 ra'HOL2:4-66HOL3:4-6 HOL4:4-6
HOL1:6-8 11111 HOL2:6-8 MI HOL3:6-8 a1 HOL4.6-8 C Proposed Maps courtesy of Santa Cruz Regional 911)
A-5 FIRE STATION
Four(4) Fire Stations are proposed to provide countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at 1000 Union Road, Hollister.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. Should the County of San Benito desire to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road, or select a different location in the unincorporated area of the county as determined by the Board of Supervisors, upon completion it will become the new location of Station 3.

Station 4, located at 24 Polk Streets, San Juan Bautista, is owned by the City of San Juan Bautista and operated by CONTRACTOR.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both City/County-owned vehicles with preventive maintenance to be provided by the City of Hollister. The County will maintain ownership and insurance coverage for the county-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

Revised 10/30/18 Attachment A: Page 4 of 6

The Contractor upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should the COUNTY or CONTRACTOR elect to terminate this contract, COUNTY shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For COUNTY owned Vehicles, CONTRACTOR shall:
a) Provide fuel,oil, lubrication, batteries,tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps,spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation.
c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use. d) COUNTY, or the COUNTY through its insurance company, shall pay to the COUNTRACTOR the cost of all accident repairs in excess of$2,000 per occurrence.

For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All COUNTY personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to the COUNTY if the equipment is later returned to the County.

CONTRACTOR shall return COUNTY's current Fire Apparatus upon delivery of new fleet apparatus being placed "in service".

All fire apparatus assigned to COUNTY station 3 and City of San Juan Bautista station shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by COUNTY and the City of San Juan Bautista. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership,with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by COUNTY.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by the County shall be provided to the County Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to the County for disposal pursuant to the County's surplus property policies.

END OF ATTACHMENT A
Revised 10/30/18 Attachment A: Page 5 of 6

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
One month in arrears.

Upon the complete performance of the services specified in Attachment A. x] The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by COUNTY to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty(30)days from the invoice date.

B-3. COMPENSATION
COUNTY shall pay to CONTRACTOR according to the following schedule:

Calendar Year Contract Amount

1.2019 1,845,000.00

2.2020 1,992,600.00

3.2021 2,052,378.00

4.2022 2,113,949.00

5.2023 2,177,367.00

6.2024 2,242,688.00

7.2025 2,309,969.00
Optional Years(without prior termination).

8.2026 2,379,268,00

9.2027 2,450,646.00

10. 2028 2,524,165.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms of compensation.
x]The following specific terms of compensation shall apply:
a)The CONTRACTOR will invoice the COUNTY quarterly for services rendered. b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service,whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, COUNTY shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B-3 in the paragraph above, such purchases shall be subject to the review and approval of Board of Supervisors. In the case of COUNTY not approving the replacement cost of COUNTY equipment, CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the County equipment no longer in operation.

END OF ATTACHMENT B.

Revised 10/30/18 Attachment B: Page 1 of 1

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and COUNTY each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to,the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's "performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

CONTRACTOR and its officers and employees, in the performance of the contract, are independent contractors in relation to COUNTY and not officers or employees of COUNTY. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of COUNTY.

CONTRACTOR shall be solely liable for all applicable taxes or benefits, including, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of this contract. CONTRACTOR further represents to COUNTY that CONTRACTOR has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of COUNTY, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

Revised 10/30/18 Attachment C: Page 1 of 4

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end,the provisions of this contract are declared to be severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, COUNTY shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:
a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator;or
b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid;or
c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

Revised 10/30/18 Attachment C: Page 2 of 4

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. COUNTY' S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract.

The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

COUNTY's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CONTRACTOR. CONTRACTOR and all of CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants Revised 10/30/18 Attachment C: Page 3 of 4

that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from, the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 10/30/18 Attachment C: Page 4 of 4

ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C,shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants on behalf of COUNTY, San Juan Bautista, and CONTRACTOR on a rotational basis as it determines prudent in its sole discretion, and will administer all grants received. All grants applied to on behalf of COUNTY, COUNTY shall be requested to commit to pay the local jurisdiction cost share amount prior to grant submission. Once COUNTY grant equipment is received, it shall become the property of COUNTY.

D-4 WORKERS COMPENSATION
COUNTY shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FUTURE GROWTH/MAXIMUM AMOUNT OF CONTRACT
In the event COUNTY has a growth increase greater than 12.5% during the initial four (4) year period.

CONTRACTOR has the ability to reopen this Contract. CONTRACTOR and COUNTY agree growth rates shall be determined by the State Department of Finance.

D-7 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on January 1, 2019.

END OF ATTACHMENT D
Revised 10/30/18 Attachment D: Page 1 of 1

RESOLUTION NO. 2018-281

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WITH SAN BENITO

COUNTY FOR CONTINUED FIRE PROTECTION SERVICES
WHEREAS, in May 2013, the City Council approved the initial contract to provide Fire Protection Services for the County of San Benito, and
WHEREAS, the City Council approved an extension of that contract on October 19, 2015; and
WHEREAS, said contract expired on October 1, 2018; and
WHEREAS, the County of San Benito still requires Fire Protection Services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract to provide continued Fire Protection Services for the County of San Benito and hereby authorizes the Mayor to execute the contract.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of November, 2018, by the following vote:

AYES: Council Members Gillio, Luna, Klauer, and Lenoir.

NOES: Mayor Velazquez.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:
i"Christine lack, MMC, City Clerk
APPROVED AS TO FORM:

Prentice, Long & Epperson, Attorneys at Law
Jas . Ep on, City Attorney

CITY OF HOLLISTER

DUPUCATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK

CONTRACT
The CITY OF SAN JUAN BAUTISTA ("SJB") and CITY OF HOLLISTER CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1.Duration of Contract.

This contract shall commence on June 23, 2013 and shall terminate on June 30, 2015. This contract shall be renegotiated in advance of June 30, 2015, with the intent of having a renegotiated contract in place to commence on July 1, 2015. The renegotiated contract shall provide, among all other items, that it shall automatically renew on July 1, 2016, and on July 1st in subsequent years thereafter. Nothing in this section shall be construed to prevent either party from exercising its right to terminate either this contract or a renegotiated contract as provided in the respective contracts.

2.Scope of Services.

The purpose of this contract is that the parties hereto shall enter into a long term arrangement for fire protection services. CONTRACTOR, for SJB's benefit, shall perform the fire protection services specified in this contract, as more fully specified herein and in Attachments A through E, all attached hereto and made a part of this contract by this reference.

3.Compensation for Services.

In consideration for CONTRACTOR's performance, SJB shall pay compensation to CONTRACTOR according to the terms specified in Attachment B.

4.General Terms and Conditions.

The rights and duties of the Parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachments A through E.

5.Insurance Limits.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. a) Comprehensive general liability insurance: $1.000.000 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: $1.000.000 The above insurance requirements may be met through the Contractor's program of self- insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

6. Termination.

The number of days of advance written notice required for termination of this contract is 270 days

7.Specific Terms and Conditions (check one)
There are no additional provisions to this contract.

X ] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachments A through E.

Revised 5-1 Page 1 of 2

8.Information about Contract Administrators.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for SJB: Contract Administrator for CONTRACTOR:

Name: Roger Grimslev Name: Clint Quitter
Title: City Manager Title: City Manager
Address: 311 Second Street Address: 375 5th Street
San Juan Bautista, California 95045 Hollister, California 95023 Telephone No.: (831) 623-4661 Telephone No.: (831) 636-4300 Ext 15 Fax No.: (831)623-4093 Fax No.: (831) 636-4310

SIGNATURES
APPROVED BY SJB: APPROVED BY CONTRACTOR:
aLA
Name: Tony Boch Name: Ignacio Velazquez
Mayor, City of San Juan Bautista Title: Mayor, City of Hollister Date: t 1 S I "20 I Date:
yo 3
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM George Thacher Stephanie Atigh
City Attor y City Attorney
61713-4a-1-4;6_, `/
By: By:

Revised 5-1 Page 2 of 2

ATTACHMENT A
Scope of Services
I.

OVERVIEW
The Fire Protection Services to be provided by CONTRACTOR are Structural Fire Protection, Vegetation Fire, Vehicle Accident Response and Rescue, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (flooding, downed power lines, earthquake, etc), Fire Prevention Services, Fire Investigations, and Fire Inspections and Pre-Planning Services for the SJB Planning Department.

Additionally, SJB hereby contracts with City of Hollister to provide administrative and operational oversight management of fire services within the City of San Juan Bautista.

The Hollister Fire Department Fire Chief is also delegated the authority by SJB to act as the SJB Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full-service fire department and cooperative fire protection program for SJB.

II.

OBJECTIVES
The parties define the following objectives to be met by CONTRACTOR in accordance with the terms of this contract.

ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief will meet quarterly with the Fire Committee, made up of two members from Hollister City Council, two members from San Juan Bautista City Council and two members from the County Board of Supervisors, to report on administrative policies and fire issues ensuring SJB has input with regard to fire services provided. Quarterly the Fire Chief, or his/her designee, will make a presentation to SJB City Council regarding the status of fire services within SJB.

FINANCIAL: Provide the level of service described in this contract while operating the fire services in a cost effective and efficient manner.

MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of SJB. An operational plan shall be prepared by the Fire Chief and provided to the parties hereto.

RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve firefighters through improved communications, working relationships, mentoring programs, comprehensive fire training and education, community base involvement and local recruiting of youth for upward career mobility.

JURISDICTION: Hollister Fire Department has jurisdiction within the city limit boundaries of SJB and Hollister and within the unincorporated areas of San Benito County.

Revised 4/13 Attachment A: Page 1 of 4

FACILITIES: Identify and recommend an effective inventory of facilities to serve SJB and meet the needs of CONTRACTOR, to serve the western portion of San Benito County, designated as Area 4A and 4B on the adopted first response map.

PRE-PLANNING AND FIRE INSPECTIONS: Assist SJB Building and Planning with pre- planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24, and the latest adopted versions of the Uniform Building Codes.

SJB and CONTRACTOR each agree to establish fire permit fees that effectively recover the agency's costs, as permitted by law.

VEHICLES & EQUIPMENT: CONTRACTOR will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive fire prevention program.

TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the CONTRACTOR.'
EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholders' meetings including but not limited to Base Station, Pre-hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.

DISASTER PREPAREDNESS: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in local exercises and training that are consistent with the County Operational Area Plan.

III.

STAFFING LEVELS
The parties intend that the staffing in the Hollister Fire Department will be comprised of 27 full time paid fire professionals with ranking of Fire Captain, Fire Engineer or Firefighter (or equivalent titles) and one full time Fire Chief, one full time Fire Training Officer and one full time Fire Marshal. Staffing will also include 80 part time Reserves. SJB shall receive fire service at a level that is no less than what SJB presently receives from their Volunteers.

There will be a three (3) person response to all incidents. No less than one Fire Company will be assigned to the SJB fire station.

Revised 4/13 Attachment A: Page 2 of 4

IV.

RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Fire Chief to meet the need for each type of incident. Additional resources may be requested from other local agencies and state agencies dependent upon the incident.

V.

FIRE STATION
Station #4, which is located at 2nd and Polk Streets, is owned by SJB. SJB will maintain this facility and pay all costs for the sewer, electrical, heating, telephone, internet, and cable services. SJB will invoice CONTRACTOR for reimbursement of the telephone, internet and cable costs on a quarterly basis. SJB will be responsible for the sewer, electrical, and heating costs. SJB will provide beds, furniture and fixed assets necessary to accommodate the staffing levels specified in this contract. SJB will retain ownership of the beds, furniture, and fixed assets at the Fire Station.

VI.

FIRE APPARATUS AND FIRE VEHICLES
Fire apparatus and fire vehicles provided by SJB will include SJB-owned and county-owned vehicles with preventive maintenance to be provided by CONTRACTOR. CONTRACTOR shall provide preventive maintenance of all vehicles, equipment and apparatus. SJB will maintain ownership and pay for all insurance coverage for the SJB-owned vehicles listed in this contract. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles. SJB will provide Fire Chief with a comprehensive list of all SJB-owned firefighting equipment and apparatus no later than 30 days after execution of this Agreement.

Before CONTRACTOR accepts the SJB-owned vehicles for use in firefighting activities CONTRACTOR will review the maintenance records and provide an inspection for each vehicle. The City's acceptance of SJB's fire vehicles, equipment, or apparatus is conditioned upon CONTRACTOR'S inspection and written acceptance.

For all SJB owned vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes, and tubes, Revised 4/13 Attachment A: Page 3 of 4

b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when said vehicles were accepted by the CONTRACTOR for operation. c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed $10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, CONTRACTOR shall notify SJB in writing and shall not be required to repair the vehicle or maintain it in use.
d) SJB, or SJB through its insurance company, shall pay to CONTRACTOR the cost of all accident repairs in excess of$2,000 per occurrence.

For all fire equipment, vehicles, and apparatus, CONTRACTOR shall keep a record regarding maintenance and repairs. All SJB personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to SJB if the equipment is later returned to SJB.

END OF ATTACHMENT A
Revised 4/13 Attachment A: Page 4 of 4

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
One month in arrears.

Upon the complete performance of the services specified in Attachment A. x] The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by SJB to CONTRACTOR at the address specified in paragraph 8 of this contract,net thirty(30) days from the invoice date.

B-3. COMPENSATION
SJB shall pay to CONTRACTOR: (check one)
a total lump sum payment of$ or
x] a total sum not to exceed One Hundred Fifty Thousand Dollars annually, ($150,000), except as set forth in B-4 below,
for services rendered pursuant to the terms and conditions of this contract and pursuant to any special compensation terms specified in this attachment,Attachment B.

B-4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms of compensation.
x]The following specific terms of compensation shall apply:
a)The CONTRACTOR will invoice San Juan Bautista quarterly for services rendered. b)In the first year of the contract,the annual contract amount shall not exceed One Hundred and Fifty Thousand Dollars($150,000). In year two,beginning July 1,2014,a CPI adjustment of no more than 3% will be added. The parties agree to negotiate increases to the annual contract amount for subsequent contract years during the negotiations for a contract to commence on July 1,2015. (Inflator data for the CPI specified herein is typically available in mid.January on www.bls.gov/ro9/pachist.htm) The CPI adjustment will be based on the percent change of the year ending December of the Consumer Price Index,All Urban Consumers(CPI-U)for the San Francisco-Oakland-San Jose area.
c)All parties acknowledge that in the event of a major disaster,the loss or need to replace a major piece of SJB equipment or other unforeseen incident,the amount of money invoiced to the SJB by the CONTRACTOR may exceed the amount in B-3 and B-4 above by the amount of the incident or equipment needed. Such purchase shall be subject to the review and approval of SJB City Council. In the case of SJB not approving the replacement cost of SJB equipment,Contractor shall be entitled to reduce the level of fire services commensurate with the SJB equipment no longer in operation.

END OF ATTACHMENT B.

Revised 4/13 Attachment B: Page 1 of 1

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and SJB each agree to indemnify, defend and save harmless the other party and the other party's officers and employees,from and against any and all claims and losses whatsoever arising out of, or in any way related to,the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses(such as attorneys'fees, court costs, investigation costs, and experts'fees) incurred by the indemnitee in connection with such claims or losses. A party's"performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

CONTRACTOR and its officers and employees, in the performance of this contract, are independent contractors in relation to SJB and not officers or employees of SJB. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of SJB. CONTRACTOR shall be solely liable for all applicable taxes or benefits, including, but not limited to,federal and state income taxes, Social Security taxes,or ERISA retirement benefits,which taxes or benefits arise out of the performance of this contract. CONTRACTOR further represents to SJB that CONTRACTOR has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest,direct or indirect,financial or otherwise,which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal,state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes,without limitation,the acquisition, and maintenance of any permits, licenses,or other entitlements necessary to perform the duties imposed expressly or impliedly under this contract.

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of SJB,and any attempted assignment or delegation without such consent shall be void.

C-6. NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid,this contract shall be construed as not containing such provision,and all other provisions which are otherwise lawful shall remain in full force and effect. To this end,the provisions of this contract are declared to be severable.

C-8. ENTIRE CONTRACT.

This contract is the entire agreement of the parties. There are no understandings or agreements pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract,the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of days specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination,SJB shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimilie transmission as more particularly specified in this paragraph. Notices will be deemed given on:
a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator; or
b) Five days after the date the notice is deposited in the United States mail,addressed to a party's contract administrator as indicated in this contract,with first-class postage fully prepaid; or

c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail,addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of,or shall be submitted to,the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion,change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. SJB's receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract.

The parties shall not waive any provisions of this contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

SJB's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to,and bind,the heirs, successors,executors, administrators,and assigns of CONTRACTOR. CONTRACTOR and all of CONTRACTOR'S heirs,successors, executors,administrators,and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options,elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition,covenant or term by the other party. The exercise of any single right,option, election, power or remedy shall not, in any way, impair any other right,option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultation.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant,or believed to be relevant to this contract may hereunder turn out to be other than,or different from,the facts now known to such party as true,or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

ATTACHMENT D
Specific Terms and Conditions
I.

INDEMNIFICATION
The indemnification provisions set forth in Attachment"C", shall survive the termination or expiration of this Agreement.

II

AMENDMENTS
This Agreement may be amended only in writing which is signed by both parties.

III

GRANT ADMINISTRATION
CONTRACTOR will apply for grants on behalf of the cities of Hollister and San Juan Bautista as it determines prudent in its sole discretion, and will administer all grants received. SJB and CONTRACTOR may participate together in grant applications to further regional fire protection for the benefit of both parties. For grants for the purchase of equipment and supplies, the CONTRACTOR shall apply those grants equitably between the two Cities' equipment and vehicles, based on age, lifespan, and current condition of equipment and vehicles.

CONTRACTOR will provide San Juan Bautista with information on all grants received and how the funds were expended. SJB will participate in sharing matching grant funding for vehicles that will be distributed to SJB.

IV

WORKERS COMPENSATION
City of San Juan Bautista shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Agreement. All worker's compensation insurance shall be the responsibility of CONTRACTOR.

SJB shall maintain worker's compensation insurance for all SJB volunteers who have elected to be SIB volunteers and not part of the Fire Reserves of the City of Hollister.

V

NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either Party as a result of this agreement.

VI

FUTURE GROWTH
During the first year of the agreement, the Parties shall meet to develop a process to fund fire services related to future growth. These talks will be held with the Fire Committee as well as any relevant City's personnel. SJB will incorporate into its planning process for new residential subdivisions a Mello-Roos District or similar type of ongoing funding source for fire protection Revised 4/13 Attachment D: Page 1 of 2

and fire facilities. SJB will periodically review and update its existing development impact fees for fire safety. All new commercial and industrial development within SJB will be analyzed and reviewed for consistency with Hollister's established policies and fee structure.

VII

MAXIMUM AMOUNT OF AGREEMENT
The Parties may agree in writing to modify the maximum amount and compensation terms of this agreement. Any increase shall be approved in advance by the governing bodies of CONTRACTOR and SJB.

END OF ATTACHMENT D
Revised 4/13 Attachment D: Page 2 of 2

ATTACHMENT E
Specific Terms and Conditions
E-1 SAN JUAN BAUTISTA VOLUNTEER FIRE DEPARTMENT:

Within the frame work of this contract, SJB shall preserve the San Juan Bautista Volunteer Fire Department as a volunteer company. SJB Volunteer Department will be staffed by no more than six (6) volunteers comprised of a Volunteer Fire Chief, Volunteer Assistant Fire Chief, two Volunteer Officers and two volunteer personnel. SJB Volunteer Fire Department will train with the Hollister Fire Reserves and will be under the direct administrative direction of the Hollister Fire Chief. The SJB Volunteers will assist the Hollister Fire Chief to provide effective and reliable fire protection services to SJB and areas outside the SJB as directed and designated by the Hollister Fire Chief. It is understood that the members of the SJB Volunteer Fire Department will operate and participate in the Operational Plan" and under the direction of the Hollister Fire Chief. The purpose and intent of maintaining the SJB Volunteer Fire Department is to continue the long tradition which dates back to 1868 and provide continuous longevity to the 145 year old organization. The SJB Volunteers understand that by not being members of the Hollister Fire Department Reserve program, they are not eligible for hire within the Hollister Fire Department.

E-2 WORKER'S COMPENSATION:

SJB will provide worker's compensation insurance for all members of the SJB Volunteer Fire Department. Hollister will not be required to carry worker's compensation for the members of the Volunteer Fire Department. When the Hollister Fire Chief requests members of the Volunteers to respond and provide fire protection service under the contract, the SJB Volunteers shall be compensated at the same rate as the Fire Reserves of Hollister Fire Department.

E-3 SAN JUAN BAUTISTA FIRE RESERVE:

Except for the six SJB Volunteers that comprise SJB Volunteer Fire Department, all SJB volunteers shall be Hollister Fire Department Reserves under the direction of the Hollister Fire Chief.

E-4 OPERATIONAL PLAN:

The Parties agree to develop a comprehensive and effective Operational Plan. The Operational Plan will be reviewed periodically and amended to reflect the most effective fire response services for the Parties. Hollister Fire Chief will administer and implement all aspects of the Operational Plan together with coordinated communication services from SCR911 . All operations and command shall be conducted per the Operational Plan.

SJB will be consulted and have input on the Operational Plan as it pertains to responses inside SJB city limits.

END OF ATTACHMENT E

RESOLUTION NO. 2013-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AGREEMENT WITH

THE CITY OF SAN JUAN BAUTISTA FOR FIRE PROTECTION SERVICES WHEREAS, the City Hollister has negotiated with the City of San Juan Bautista for a long term arrangement for Fire Protection Services in accordance with the Contract for funding of Fire Protection Service between the City of Hollister and the County of San Benito; and
WHEREAS, terms, conditions, and compensation are outlined in the Agreement;;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER that the Agreement between the City of Hollister and the City of San Juan Bautista is hereby approved and that the Mayor is authorized to execute said Agreement.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting duly held on this 3rd day of June, 2013, by the following vote:

AYES: Council Members Valdivia, Scattini, Gomez, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: Council Member Friend.

Ignacio Velazquez, Mayor
ATTEST:

DL?)-
Geri Johnsonjjity Clerk
APPROVED AS TO FORM:

SterihanieIAtigh, City Attorne O,INAL
tIEA1E.0
K
Gl

0. CONTRACT
3x
The C TCJFSAN]UAN SJ8") and CRYOFHOLUSTEA ("[ON?
to as,,.the "Parties to this nt," enterintothiscomtractvvh|chsha|| bee#ec1iveomthedatmsta*ad in Paragraph 1.
l' DURATION OF CONTRACT.

This contract shall commence on DecemberZOlG an d ermivateon' the intent.Qf SJB to h s agreement,with CONTRACTOR - - ---- r
long,termx, m0emen¢
Therefore, it is anticipated that the contract will be renegotiated-at the lend of its,term;-unless sooner terminated as specified herein. Notwithstanding the above, this contract shall be automatically renewed on December 1, 2018, and each December 1151 thereafter, for three (3) successive one year terms,unless terminated pursuant to this contract.

2. SCOPE 0FSERVICES.

CONTRACTOR, for SJ0's for Fire Protection services' shall perform the services specified in Attachment A to this contract.Attachment A is attached and made a part of this contract.

3. COMPENSATION FOR SERVICES'
In consideration forCONTRA[TQR's performance, SJ8 shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is attached and made part of this contract.

4. GENERAL TERMS AND CONDI3AOWS'
The right and dudes of the parties to this contract are governed by the general terms and conditions mutually agreed upon and listed in Attachment C.Attachment C is attached and made a part nf this contract.

S. INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified )n Attachment C. a) Comprehensive general liability insurance: $1.000]}00 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: 51,080,000 The above insurance requirements may be met through the CONTRA[T]R's prnBnann of self- insurance and insurance through the California Affiliated Risk Management AuthoritV(CARMA).

6. TERMINATION.

The number of days of advance written notice required for termination of this contract isA, @00 days.

7. SPECIFIC TERMS AND CONDITIONS.

I There are no additional provisions 0m this contract.

X | The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed inAttachment D.

Attachment Dis made a part of this contract.
8' INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following namms, tides, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for SJ8: Contract Administrator for CONTRACTOR RogwrGrirn»|ey William 8.Avena
City Manager City Manager
31l Second St, P.O. Box 14JO J75 Fifth Street
San Juan Bautista,[A 95045 Hollister,CA 95023
831)6I3'4661w14 831)636'4]00x11
Q]1)6Z3'4O93FAX 831)636'431OFAX
APPROVEAPPROVED BY[O0 RA
We X .

Robert Lund- Ignacio Velazquez
Mayor,San Juan Bautista Mayor, City ofHollister
Date' Da e'
APPROVED AS TO LEGAL FORM: AST EGAL FORM,
Detmmah rNaY%City Attorney Bradley Sumvan,City Attorney '

ATTACHMENT
Scope pyServices
A-1, OVERVIEW.

The Fire Protection services Lobe provided bythe CONTRACTOR shall consist of Structural Fire Protection, Vegetation Fire,Vehicle Accident,Pre-Hospital Emergency Medical Services,Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response (f|ooding' downed power lines, earthquake, etc.), Fine Protection Services, Fire Investigation, Fire Inspections and Pre-Planning Services for the S]G Planning Department.

Additionally, 6]8 hereby contracts with the-[ONTRA[TOR to provide administrative and operational management of fire services within SJB. The City of Hollister Fire Chief is also delegated the authority by the City Council of San Juan Bautista to act as the SU8 Fire Chief which includes the delivery of fire protection, emergency medical service' fire prevention invnuhgat|veoen/iceo.

CONTRACTOR shall ther duties associated with a full service Ore department and cooperative fire protection programs,
A-2. OBJECTIVES.

The parties define the following objectives hobe met b CONTRACTOR. in accordance with the terms of the agreement.The agreement also defines the objective ho consolidate all fire services i andin,SJB.kSmeiattached map.)
ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief or his designee shall meet monthly with the Fire Advisory Committee, made upof two members of the 6JB City Council, two members ofthe Board of Supervisors and two members of the Hollister City Council, to report on administration policies and fire issues ensuring S]8has input with regard to fire services provided and future goals of the Department. Quarterly the Fire Chief, or his/her designee, will make a presentation to the S]8 City Council on subjects which may include, but not be limited to, status of training, staffing,costs,call times, etc,
The Parties agree that all action requiring action by the SJB City Council or the Board of Supervisors shall be taken after due consideration in given to the recommendations of the Fire Advisory Committee on the Proposed action.Thus, the Fire Advisory Committee shall have power to make recommendations on the direction of the services (e.g. grants' station locations, executive staffing, etc.)
FINANCIAL: Provide the level ofservice described in this agreement while operating the fire services ina cost effective and efficient manner.

MANAGEMENT:Provide and coordinate fire related management programs in orderto effectively serve the needs ofS]B.

Page Iof4

RESERVE FIREFIGHTERS. Strengthen recruitment, training and retention ofan effective force oy ncoene Firefighters through improved communications, working relationships, and benefits as determined by the
JURISDICTION: CONTRACTOR shall have jurisdiction within the boundaries ofS]B,County of San Benito andCONTRACTOR'S city limits,
FACILITIES: Identify and recommend an effective inventory of fire facilities Uo serve 5JB and the western portion of San Benito County, designated n the adopted area first response map and meet the needs ofS]Q and San Benito County,,
PRE-PLANNING AND FIRE INSPECTIONS: Upon request, assist the SJ8 Building Official and Planning with pre-planning and inspection services as they relate to the Fire Department and the requirements of Title 18 and Title 24 of the California Building Codes. All applications for,fire related services shall bo processed in accordance with t ent Code 65920'e
VEHICLES & EQUIPMENT: CONTRACTOR,will operate a comprehensive vehicle and equipment program addressing replacements, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive prevention program with reports an&status., TRAINING: Ensure that all personnel indudin8- complete training d to carry out their duties and re5ponsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services xx|th|m the resources available to the'CONTRACTOR'S
EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures,certification or reporting requirements; and participate in EMS system stakeholders' meetings including but not limited to Base Station, Pre-Hospital Advisory, EMCC and SCR911 Fire/EIVIS Task Force and User Meetings.

DISASTER PREPAREDNESS. Ensure that the CONTRACTOR maintains the ability torespond to major emergencies and disasters through participation in local exercises and training that are consistent with the County Operational Area Plan.

A'3. PROPOSED STAFFING,TRAINING LEVELS&ORGANIZATIONAL CHART.

Staffing levels, training |eve|y, use ofauto/mutua} aid agreements, unless otherwise agreed to in writing by the parties to this Contract, shall be comprised of paid full time fire professionals with a ranking of Fire Captain,Fire Engineer Firefighter and one full time Fire Chief,two( )Division Chiefs strive to recruit, train4fid retai,6 50 reserve firefighters that will assist full,time fire professionals in filre related duties!

Three fire shifts will provide no less than a % (two) person response to all incidents and may include a reservist.,In.the event the Safer Grant is not funded, SJB will not be responsible for any additional costs for,fire services as outlined in this contract,
A-4. RESPONSE.

Fire [n,npon&e« will be dispatched from S[R911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. S[R911 provides pre-event/ incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the needs each type of incident.Additional resources may be requested dependent upon the incident.

A'5. FIRE STATION.

Fire Station No. 4' located at Second and Polk Streets, San Juan Bautista, California, is owned bvSJB.BB will maintain the facility and pay all costs for the electrical,telephone, internet and cable services.S]8w@| invoice CONTRACTOR for reimbursement of these costs on a quarterly basis of these services. 5]Gvvi|| provide the facilities including ,he structure, beds' furniture and fixed assets necessary to accommodate the staffing levels specified in this Contract. S]8*will,pTqVj0e fire insurance~and ugeneral wliability structure.

A'6, FIRE APPARATUS AND FIRE VEHICLES.

S]8wi|| pnnvidefireapporaCysandhousgfirevehides' fireequipnxentandany5anBeniLnCountyowned fire vehicles at Fire Station No. 4. CONTRACTOR will provide preventive maintenance of all vehicles, equipment and apparatus'provided for the execution of this Fine Protection Con$rac& SJB will maintain ownership and insurance coverage of the vehicles, equipment and structure listed in thiscemtrattand invoice CONTRACT04 ona quarterly basis for the cost ofS}B vehicle insurance.CONTRACTORwillmaintam insurance coverage for all liabilities ;n accordance with California Vehicle Code Sections 170][\ et seq' which may arise out of the operation uf vehicles tu execute this Fire Protection Contract.Within 30daVs of date of approval of both parties of this contract,SJB will provide Fire Chief with m comprehensive list oy all SJB'owned vehicles for use inNrefigfirefighting equipment and apparatus.

Before CONTRACTOR accepts the S]B^ovvned vehicles for use in firefighting activities, CONTRACTOR will review the nnaintmnance records and provide an inspection for each vehide. D0NT-- R+acceptancw of SJB's fire vehicles,equipment,or apparatus is conditioned upon CONTRACTOR'§inspection and written acceptance.

For the purposes ofperforming the Fire Protection Services outlined in this contract, CTOR»ha8:
a) Provide fuel,oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange,or replace when necessary accessory motors,hoses, pumps, spotlights,sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTORJoroperadon.
c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, tha may cease to make further repairs on any vehicles when determines that the repair costs during Page f4q

the period of this contract shall exceed$10,000 for any one occurrence,or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use.
d) SIB,or SIB through its insurance company,shall pay to the CONTRACTOR the cost of all accident repairs in excess of$2,000 per occurrence.

For all fire equipment and vehicles,CONTRACTOR shall keep a record regarding maintenance and repairs.

All SIB fire department property provided to CONTRACTORafor the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to SIB if the equipment is later returned to SIB.

A-7. INVENTORY LIST.

An inventory listing of all capital and controlled assets owned by SIB shall be provided annually, Any obsolete,damaged,or unneeded equipment shall be provided back to SIB:for disposal pursuant to;.

SlB's surplus property policies.

END OF ATTACHMENT A

ATTACHMENT
Payment Schedule
B'1' BILLING.

Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis. (check one)
One month inarrears.

Upon the complete performance of the services specified in Attachment A.

X The basis specified in Paragraph 8'4.

B'2. PAYMENT.

Payment shall be made bySJ8to CONTRACTOR at the address specified in paragraph Qof this contract, net thirty(3O)days from the invoice date.

B-3. COMPENSATION.

SJ8shaU pay U» CONTRACTOR a total sum not to exceed One Hundred and Fifty Nine Thousand Dollars 15 O.UO) for the contract term of December 1, 2015 to1N 6.

For the term of December 1,J01 pay to CONTRACTOR a total sum of One Hundred and Sixty Three Thousand and Seven Hundred Seventy Dollars($163,770.00).

For the term of UDec' pay to CONTRACTOR a total sum nf neHundred and S tyEight Thousand and Six Hundred and Eighty Three Dollars($168,683,0O).

During any annual renewal terms beginning 2018' the compensation shall be adjusted annually by the percent change of the year ending December ofthe Consumer Price Index, All Urban Consumers(CPI-U), for the San Francisco-Oakland—San Jose area,but the increase shall not exceed 3%in any given year.The inflation data for the[P| specified herein this paragraph is typically available in mid- January frum the wmbd1e: http://wvvw.bls,eov/ro9/oachist.htnn . 8'4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms ofcompensation.

X) The following specific terms uf compensation shall apply:
a) The CONTRACTOR,will invoice SJ8 quarterly for services rendered. b) All parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, S]8 shall be responsible to may to CONTRACTOR, the cost of the replacement which may exceed the "not to exceed" amount in B-3 in the paragraph above, such purchases shall be subject to the review and approval of SJB City Council. In the case of SJB not approving the replacement cost of SJB equipment,'CONTRACTOR shall be entitled to educe the level of Ore services commensurate with the G8 equipment no longer in operation.

END6ND OF ATTACHMENT B.

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION. '
CONTRACTOR harmless the other party and the other
party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any *my related to, the indemnifying pa/1y/s performance under this contract, including, but not limited to, claims for property damage, personal injury,death,and any legal expenses(such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities inconnection with such claims or losses. A pa/ty/s "performance" includes the pa,ty's action or inaction and the action or inaction of that party's officers and employees.

C-2' INDEPENDENT CONTRACTOR.

CONTRACTOR,and its officers and employees, in the performance of the contract, are independent contractors in relation to S]8 and not officers oremployees ofSJ8. Nothing in this contract shall create any of the rights, powers, privileges or immunities of any employee of SJB. CONTRACTOR,shall besolely liable for all applicable taxes or benefits, induding, but not limited to, federal and state income taxes, Social Security taxes, or ERISA retirement benefits, which taxes or benefits arise out of the performance of the contract. CONTRACTOR further represents to S]G that CQNJR `has no expectation of receiving any benefits incidental to employment.

C-3. CONFLICT OFINTEREST.

CONTRACTOR,covenants that it presently has no interest and shall not acquire an/ interest, direct or indirect, financial or otherwise, which would conflict in any manner ordegree with the performance of the services hereunder. CONTRACTOR-further covenants that, in the performance o[ this contract, no subcontractor or person having such aninterest shall be used mremployed.

C'4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR,shall comply with all applicable federal,state and local laws now,or hereafter,in force,and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquis|bon, and maintenance of any permni$. licenses,or other entitlements necessary to per-form the duties imposed expressly or impliedly under the contract.

C-S' PROHIBITION AGAINST ASSIGNMENT AND DELEGATION OF DUTIES.

Except as specifically authorized herein,no rights under this contract may be assigned and no duties under this contract may he delegated by without the prior written consent of S]Q, and any attempted assignment or delegation without such consent shall bevoid.

K-G. NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties.Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Secbonl6S4.

C-7. SEVERA8ILITY.

Should any provision herein be hound or deemed to be invalid, this contract shall be construed as not containing such provisions, and all other provisions which are otherwise tsm6u| shaU remain in full force and effect,Tothisend' theprovisionsofthiscontractaredec/aredtobeueverab|a C-8. ENTIRE CONTRACT.

This contract is the entire contract gf the parties.There isno understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract orm any document attached hereto or incorporated herein by reference.

C-9. TIME(gf2F THE ESSENCE.

Time isofthe essence in the performance of this contract.

C'10. TERMINATION.

Either party may terminate this contract, with orwithout cause, at any time- In order to terminate this contract, the terminating party shall give advance written notice to the other party,The termination shall be effective no earlier than the expiration of the number of days specified in paragraph 6 of this contract, The termination notice shall be made vs specified in paragraph['1l' below- |n the event oftermination, S]8 shall pay CONTRACTOR: all work satisfactorily performed prior to the effective date of the termination,
K-11' NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this h be deemed given on:
a) 'Five days after the date the notice is deposited in the United States rnaU' addressed to a par1y'u contract administrator asindicated in this contract, with first-class postage fully prepaid; or b) On the day that the notice is transmitted by facsimile to a party~o facsimile number specified in paragraph Gof this contract, provided that an original of such notice is deposited in the United States rnai|' addressed to a party's contract administrator as indicated in this contract, on the same day asthe facsimile transmission iomade.

C'12' RESPONSIBILITY OP CONTRACT ADMINISTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators orto the party'u employee specified' in writing, by the contract adrninistrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13' MATERIALITY.

The parties consider each and every term, covenant and provision of this contract to be rnoteha| and reasonable.

C'14 VVA|VGR.

Waiver by either party ofa breach n[any covenant of this contract will not bp construed Aoheacontinuing waiver of any subsequent breach. S]8'5 receipt of consideration with knowledge of y-, violation m[a covenant does not waive its right kz enforce any covenant of this contract.The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

SJB's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-15. BINDING ONSUCCESSORS.

All of the conditions,covenants and terms herein contained shall apply to,and bind,the heirs,successors, executors, administrators, and assigns of CONTRACTOR.^CONTRACTOR,---and all of heiru, successors,executors,administrators'and assigns shall be jointly and severally liable under this contract, C'16 CUMULATION OFREMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumu|adve,and no one of them exclusive of any other or nf any other legal or equitable remedy which a party might otherwise have in the event of breach or default of any condition,covenant or term by the other party. The exercise of any y|n@|a right, option, election, power or remedy shall not, in any m/ay, impair any other right, option, e|ection, power or remedy until all duties and obligations imposed shall have been fully performed.

C'I8. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing the contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that it has received independent legal advice from its attorney with respect to the matters set forth inthis contract and the rights and duties arising out of this contract' or that such party willingly foregoes any such consultations,
C-19. NO RELIANCE ONREPRESENTATIONS,
Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant tothis contract may hereunder turn out to he other than, or different from the facts now known to such party as true,or believed by such party to be true.The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective \nall respects and shall not be subject tn rescission by reason nf any such difference infacts.

C-20' COUNTERPARTS.

This contract may be executed in any number of counterparts,each of which so executed shall be deemed to be an original.The counterparts shall together constitute one contract.

END OF ATTACH%xE0TC.

ATTACHMENT
Specific Terms and Conditions
D'1. INDEMNIFICATION.

The indemnification provision set forth|n Attachment[' shall survive the termination or expiration ofthis ontract.

D-2. AMENDMENTS.

This Contract may bm amended only in writing with consent o[both parties, 0'3. GRANT ADMINISTRATION.

CONTRACTOR will apply for grants on behalf o[the CONTRACTORandSJBas |t determines prudent inits sole discretion, d will administer all grants received. For grants for the purchase of equipment and supplies, the C6NTkqETCkw haU apply those grants equitably between nd5J8equipment and vehicles,based on age and lifespan of current equipment and vehicles.CONTRACTORW with information on all grants
provide information yhmN nd,expe0ded aw
D'4, WORKERS COMPENSATION.

SJB shall not be liable to any officer, employee, Reservist or agent for any sickness or injury incurred by such person in the course of performing services under this Contract.All workers'compensation insurance shall be the responsibility ofQO%VTRA[TCIA.
0'5. NO THIRD PART RIGHTS.

No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D'6' FUTURE GROWTH.

During the first year of the contract' the parties shall meet to develop m process to fund fire services related to future growth.These talks and discussions will be held with both parties to this agreement and the Fire Advisory Committee as well as any relevant group of Fine personnel, The S]8 shall continue to explore the establishment of a Mello Roos or similar type of funding source for continued funding of fire services to new commercial or residential development. The-funding"shall be,equal tdAhe levellthat',' CONTRACTOR has established in'ananmbumtrmarmouppnrzem/mya'fecalsumoy.Staffing changes at Stu"pn 4'ihaU-bo mumuiU by,both, if such changes will result in $ change to the cos ntract.
0-7. MAXIMUM AMOUNT OF CONTRACT'
Page Inf 2

The parties may agree in writing to modify the maximum amount and compensation terms of this Contract. Any increase shall be approved in advance by the governing bodies of the CONTRACTOR and SJB.

D-8. EFFECTIVE DATE OF THE CONTRACT.

The parties expect that this contract will take effect on December 1,2015.

D-9. OTHER.

SJB and CONTRACTOR will continue to evaluate the feasibility of the formation of a JPA or special district for fire protection services.

END OF ATTACHMENT D

RESOLUTION NO. 2016-02

A RESOLUTION OF THE CITY COUNCILAPPROVING A CONTRACT TO PROVIDE

CONTINUING FIRE PROTECTION SERVICES TO THE CITY OF SAN JUAN

BAUTISTA
WHEREAS, in June 2013, the City Council approved a contract to provide Fire Protection Services for the City of San Juan Bautista, and WHEREAS, said contract expired on June 30, 2015, and
WHEREAS, the City of San Juan Bautista still requires Fire Protection Services; and
WHEREAS, the City of San Juan Bautista has proposed minor changes to the contract previously adopted by the City of Hollister City Council.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract as amended to provide continued Fire Protection Services for the City of San Juan Bautista and hereby authorizes the Mayor to execute the contract.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 19th day of January, 2016, by the following vote:

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

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:

Tho as A. Graves, CMC, City C rk

JP ONFILE INORIGINAL
APPROVED AS TO FORM: OFFICE OF THE CITY CLERK
L+G LLP, Attorneys at Law

CITY OF HOLLISTER
City Attorney

CONTRACT
The CITY OF SAN JUAN BAUTISTA ("SJB") and CITY OF HOLLISTER ("CONTRACTOR") enter into this contract which shall be effective on the date stated in Paragraph 1.

1. DURATION OF CONTRACT.

This contract shall commence on Mar*cji tS, 2019 and terminate on December 31, 2025. This contract shall be automatically renewed on January 1, 2026, and each January 1st thereafter, for three (3) successive one year terms, unless terminated pursuant to this contract.

2.SCOPE OF SERVICES.

CONTRACTOR, for SJB's benefit, shall perform the services specified in Attachment A to this contract. Attachment A is made a part of this contract.

3. COMPENSATION FOR SERVICES.

In consideration for CONTRACTOR's performance, SJB shall pay compensation to CONTRACTOR according to the terms specified in Attachment B. Attachment B is made a part of this contract.

4. GENERAL TERMS AND CONDITIONS.

The rights and duties of the parties to this contract are governed by the general terms and conditions mutually agreed to and listed in Attachment C. Attachment C is made a part of this contract.

5.INSURANCE LIMITS.

CONTRACTOR shall maintain the following insurance policy limits of coverage consistent with the further insurance requirements specified in Attachment C. a) Comprehensive general liability insurance: $5,000,000 b) Professional liability insurance: n/a
c) Comprehensive motor vehicle liability insurance: $1,000,000 The above insurance requirements may be met through the CONTRACTOR's program of self-insurance and insurance through the California Affiliated Risk Management Authority (CARMA).

Additionally,the insurance requirements shall include a written waiver of the CONTRACTOR's right to subrogate against the SJB as well as the following evidence of coverage:

Subrogation waiver endorsement; and
Properly completed Certificate of Insurance
Revised 02/01/19 Page 1 of 2Page 520 of 583

6. TERMINATION.

The number of days of advance written notice required for termination of this contract is 270 days.

7. SPECIFIC TERMS AND CONDITIONS (check one)
There are no additional provisions to this contract.

X] The rights and duties of the parties to this contract are additionally governed by the specific, additional terms mutually agreed to and listed in Attachment D.

Attachment D is made a part of this contract.

8. INFORMATION ABOUT CONTRACT ADMINISTRATORS.

The following names, titles, addresses, and telephone numbers constitute the pertinent information for the respective contract administrators for the parties.

Contract Administrator for SJB: Contract Administrator for CONTRACTOR Michaele LaForge William B. Avera
City Manager City Manager
481 Fourth Street 375 Fifth Street
Hollister, CA 95023 Hollister, CA 95023
831) 636-4000 831) 636-4300 x11
831) 636-4010 FAX 831) 636-4310 FAX
APPRO ED BY SJB: APPROVED BY CONTRACTOR:

Cesar Flores Ignacio Velazquez
Mayor, City of San Juan Bautista Mayor, City of Hollister Date: GA-3)/ j Date: 3--/V79
APPROVED AS TO LEGAL FORM: APPROV S TO LEGAL FORM:
f)e.476 /A-1,
eborah Mall, City Attorney Ja . Eppers Cify, lttnrney _ ATTEST: ATTEST:
2 O a
Laur ent, City Clerk Christine Black, IVIMC, City Clerk Revised 02/01/19 Page 2 of 2Page 521 of 583

ATTACHMENT A
Scope of Services
A-1 OVERVIEW
The Fire Protection Services to be provided by the City of Hollister shall consist of Structural Fire Protection, Vegetation Fire, Vehicle Accident, Pre-Hospital Emergency Medical Services, Hazardous Material Incident, Technical Rescue Services, Hazardous Conditions Response flooding, downed power lines, earthquake, etc.), Fire Prevention Services, Fire Investigations, Fire Inspections and Pre-Planning Services for SJB.

Additionally, SJB hereby contracts with the City of Hollister to provide administrative and operational management of fire services within SJB. The City of Hollister Fire Chief is also delegated the authority by the SJB City Council to act as the SJB Fire Chief which includes the delivery of fire protection, emergency medical service, fire prevention investigative services and other duties associated with a full service fire department and cooperative fire protections program for SJB.

A-2 OBJECTIVES
The parties define the following objectives to be met by City of Hollister in accordance with the terms of the agreement.

ADMINISTRATIVE ACCOUNTABILITY: The Fire Chief shall present biannually to SJB City Council, a report on administration policies and fire issues and will seek guidance on SJB Fire Department questions or concerns, ensuring SJB has input with regard to fire services provided and future goals of the Department, as well as status of training, staffing, costs, call times, etc. In the event that the Fire Chief is unable to provide the biannual report due to unforeseen and unplanned conflicts, the Fire Chief may assign a designee to report in his/her place.

FINANCIAL: Provide the level of service described in this agreement while operating the fire services in a cost effective and efficient manner.

MANAGEMENT: Provide a coordinated management program in order to effectively serve the needs of SJB.

RESERVE FIREFIGHTERS: Strengthen recruitment and retention of an effective force of reserve Firefighters through improved communications, working relationships, and benefits as determined by the CONTRACTOR.

JURISDICTION: Hollister Fire Department has jurisdiction within the boundaries of San Benito County, San Juan Bautista and Hollister City limits with the exception of the Aromas Tri-County Fire Protection District.

Revised 11/6/18 Attachment A: Page 1 of 6Page 522 of 583

FACILITIES: Identify and recommend an effective inventory of facilities to serve SJB and meet the needs of the Department.

PRE-PLANNING AND FIRE INSPECTIONS: Assist SJB Building Official with pre-planning and inspection services as they relate to the Fire Department and the requirements of Title 19 and Title 24 of the California Building Codes. Applications shall receive initial review and be processed within ten (10) business days. SIB reserves the right to hire or utilize its own staff or contracted staff to provide these services as needed.

VEHICLES & EQUIPMENT: Hollister Fire Department will operate a comprehensive vehicle and equipment program addressing replacement, maintenance and future purchases.

FIRE PREVENTION: Provide a comprehensive fire prevention program.

TRAINING: Ensure that all personnel including Reserves are required to complete training requirements to carry out their duties and responsibilities and are afforded opportunities to develop skills and abilities beyond the minimum requirements of the Department.

FIRE SUPPRESSION: Provide the highest level of structural fire suppression services within the resources available to the Department.

EMERGENCY MEDICAL SERVICES: Provide pre-hospital emergency medical services as defined by Title 22 and adhere to local EMS policies, procedures, certifications or reporting requirements; and participate in EMS system stakeholder meetings, including, but not limited to: Base Station, Pre-Hospital Advisory, EMCC, and SCR911 Fire/EMS Task Force and User Meetings.

COMMUNICATIONS: CONTRACTOR is responsible for the ongoing management and cost of fire department related emergency 911 communications including dispatching and call taking (currently contracted through Santa Cruz Regional 911) with the exception of any Capital Infrastructure needs.

DISASTER PREPAREDNESS & RESPONSE: Ensure that the Department maintains the ability to respond to major emergencies and disasters through participation in all local exercises and training that are consistent with the County Operational Area Emergency Operations Plan. In the event of a local, state, or presidential proclaimed/declared disaster, CONTRACTOR shall follow protocols and procedures as defined in the Standardized Emergency Management System, California Emergency Services Act, San Benito County Operational Area Emergency Operations Plan, and any other applicable plan, policy, or system, including communicating/coordinating with the appropriate county official or staff for response, recovery, and mitigation activities.

Revised 11/6/18 Attachment A: Page 2 of 6Page 523 of 583

A-3 PROPOSED STAFFING &TRAINING LEVELS
Staffing levels, training levels, use of auto/mutual aid agreements, unless otherwise agreed to, in writing, by the parties to this Agreement, shall be comprised of paid full time fire professionals with a ranking of one (1) Fire Chief, one (1) Battalion Chief per shift, one (1) Prevention Battalion Chief, and a combination of Fire Captains, Fire Engineers, and Firefighters to staff the four (4) engine companies covering SJB, CONTRACTOR, and COUNTY.

Three shifts of engine companies per fire station will provide no less than a 2 (two) person response to all incidents on the CONTRACTOR staffed County designated engine. On the CONTRACTOR staffed SJB engine located within the San Juan Bautista city limits, no less than a three (3) person response on all CONTRACTOR staffed engines.

A-4 RESPONSE
Fire Companies will be dispatched from SCR911 as directed by the Fire Chief to meet the needs of the incident and provide the resources required. SCR911 provides pre-event /incident planning for calls for service and emergency medical dispatch. Fire Companies are assigned by the Chief to meet the need for each type of incident. Additional resources may be requested dependent upon the incident.

Response goals have been established to allow CONTRACTOR and SJB to evaluate the effectiveness of the Fire Department response times. The department has four pre-established zones (see images below for maps) based on station location. Each response zone identifies the response times that the department aims to reach to the 90th percentile. For calls that fall outside of the pre-defined response zones, such as those in the southern, rural portion of the county, adequate response times are defined using the following formula: Distance in miles from the nearest Hollister Fire Station at a rate of 35 miles per hour. For example, a call that is 35 miles from the nearest fire station should take the first apparatus 35 minutes or less to arrive. On a case by case basis, should weather, traffic, call queuing, or any other unforeseen complication to the response occur, an exemption may be granted and thus not counted towards the 90th percentile goal.

Response times are defined as the time from initial notification by dispatch to the assigned apparatus to arrival of the first unit on scene of the call for service.

Revised 11/6/18 Attachment A: Page 3 of 6Page 524 of 583

Hollister Fire Stations Response Times
N.
41(
y _.
4 i i-
i
ti
Station Response Time Boundaries Stations
n
HOL7:0-4 HOL2:0-4 HOL3:0-4 HOL4:0-4 • Existing
HOL1:4-6<_::HOL2:4-6...HOL3:4-6 HOL4:4-6 a
HOLt:fi-S IR HOL2:6-8 31.HOL3:6-8 12111 HOL4:6-8 Proposed Hollister Fie Stations Response Times i 1
i
i
47)
i
f
rt
rP,S
r¢'' 3} ^ eta i
I i
Q `
Lt
z
i4 lii
i
i i
s.

Station Response Time Boundaries Stations
r
HOLt:O-4 HOL2:0-4 HOL3:0-4 HOL4:0-4 • Existing tt HOL1:4-6 =. HOL2:4-6,._:.HOL3 4-6 HOL4.4-6 f 1
HOLI:6-8 81•11 HO12:6-8 HOL3:6-8 111181 HOL4:6-8 Proposed Maps courtesy of Santa Cruz Regional 911)
Revised 11/6/18 Attachment A: Page 4 of 6Page 525 of 583

A-5 FIRE STATION
Four (4) Fire Stations are proposed to provide Countywide fire services. Station 1 is owned and operated by the City of Hollister and is located at 110 Fifth Street, Hollister. Station 2, also owned by the City of Hollister, is located at Union Road.

Station 3 is temporarily located within the City of Hollister's Municipal Airport located at the termination of Aerostar Way. The City of Hollister desires to continue work on Station No. 3 to be located at the intersection of Rosa Morada and Fairview Road.

Station 4, which is located at Second and Polk Streets, is owned by SJB.

A-6 FIRE APPARATUS AND FIRE VEHICLES
Initially, fire apparatus and fire vehicles will include both city-owned vehicles with preventive maintenance to be provided by the City of Hollister. SIB will maintain ownership and insurance coverage for SJB-owned vehicles listed in this agreement. CONTRACTOR will maintain insurance coverage for all liabilities in accordance with California Vehicle Code Sections 17000, et. seq., which may arise out of the operation of said vehicles.

The CONTRACTOR upon contract execution shall commence the purchase process of one (1) Type 1 Engine, one (1) Type 3 Apparatus, and one (1) Off-Road Water Tender. Delivery of said apparatus is anticipated to take 12 to 18 months. Should SJB or CONTRACTOR elect to terminate this contract, SJB shall be given the option to purchase the apparatus at a prorated amount based on the fair market value of the vehicle. For SJB owned Vehicles, CONTRACTOR shall:
a) Provide fuel, oil, lubrication, batteries, tires, brakes and tubes. b) Repair, exchange, or replace when necessary accessory motors, hoses, pumps, spotlights, sirens, fire extinguishers and all other accessories affixed to or supplied when vehicles were accepted by the CONTRACTOR for operation. c) Make such reasonable repairs to said vehicles (not including painting) as may be necessary to keep the vehicles in operating condition; provided, however, that CONTRACTOR may cease to make further repairs on any vehicles when CONTRACTOR determines that the repair costs during the period of this agreement shall exceed 10,000 for any one occurrence, or will exceed the market value of the vehicle. In this event, or if the CONTRACTOR determines that a vehicle is not fit for further use because of obsolescence, deterioration, or damage, the CONTRACTOR shall not be required to repair the vehicle or maintain it in use.
d) SJB, or SJB through its insurance company, shall pay to the CONTRACTOR the cost of all accident repairs in excess of$2,000 per occurrence.

Revised 11/6/18 Attachment A: Page 5 of 6Page 526 of 583

For all fire equipment and vehicles, CONTRACTOR shall keep a record regarding maintenance and repairs. All SJB personal property provided to CONTRACTOR for the purpose of fire protection services shall be marked and accounted for by CONTRACTOR in a manner that will identify the property as belonging to SJB if the equipment is later returned to SJB.

CONTRACTOR shall return SJB's Fire Apparatus upon CONTRACTOR's new fleet being placed "in service".

All fire apparatus assigned to San Benito County Station 3 and SJB Station 4 shall be marked as:

County of San Benito Fire Department and City of San Juan Bautista Fire Department respectively as approved by San Benito County and SJB. At the discretion of the fire chief, CONTRACTOR may opt to mark all apparatus, regardless of station location or ownership, with the logo/patch/seal of all three jurisdictions whom are partner to this contract with the written approval of the design by SJB.

A7 INVENTORY LIST
An inventory listing of all capital and controlled assets owned by SJB shall be provided to SJB Auditor annually, upon completion of the fiscal year or as specified by the Auditor. Any obsolete, damaged, or unneeded equipment shall be provided back to SIB for disposal pursuant to SJB's surplus property policies.

END OF ATTACHMENT A
Revised 11/6/18 Attachment A: Page 6 of 6Page 527 of 583

ATTACHMENT B
Payment Schedule
B-1. BILLING
Charges for services rendered pursuant to the terms and conditions of this contract shall be invoiced on the following basis: (check one)
One month in arrears.

Upon the complete performance of the services specified in Attachment A. x] The basis specified in paragraph B-4.

B-2. PAYMENT
Payment shall be made by SJB to CONTRACTOR at the address specified in paragraph 8 of this contract, net thirty (30) days from the invoice date.

B-3. COMPENSATION
SJB shall pay to CONTRACTOR according to the following schedule:

Calendar Year Contract Amount

1. 2019 228,000.00

2. 2020 234,840.00

3. 2021 241,885.00

4. 2022 249,141.00

5. 2023 256,616.00

6. 2024 264,314.00

7. 2025 272,243.00
Optional Years (without prior termination).

8. 2026 280,410.00

9. 2027 288,822.00

10. 2028 297,487.00
B-4. SPECIAL COMPENSATION TERMS: (check one)
There are no additional terms of compensation.
x ] The following specific terms of compensation shall apply:
a) The CONTRACTOR will invoice SJB quarterly for services rendered. b) During the initial 24 months of this contract, or until CONTRACTOR has all apparatus in service, whichever occurs first, all parties acknowledge that in the event of a major disaster, loss or need to replace a major piece of equipment, SJB shall be responsible to pay to CONTRACTOR the cost of the replacement which may exceed the "not to exceed" amount in B- 3 in the paragraph above, such purchases shall be subject to the review and approval of City Council. In the case of SJB not approving the replacement cost of SJB equipment, Revised 11/06/18 Attachment B: Page 1 of 2Page 528 of 583

CONTRACTOR shall be entitled to reduce the level of fire services commensurate with the SJB equipment no longer in operation.

END OF ATTACHMENT B.

Revised 11/06/18 Attachment B: Page 2 of 2Page 529 of 583

ATTACHMENT C
General Terms and Conditions
C-1. INDEMNIFICATION.

CONTRACTOR and SJB each agree to indemnify, defend and save harmless the other party and the other party's officers and employees, from and against any and all claims and losses whatsoever arising out of, or in any way related to, the indemnifying party's performance under this contract, including, but not limited to, claims for property damage, personal injury, death, and any legal expenses (such as attorneys' fees, court costs, investigation costs, and experts' fees) incurred by the indemnities in connection with such claims or losses. A party's performance" includes the party's action or inaction and the action or inaction of that party's officers and employees.

C-2. INDEPENDENT CONTRACTOR.

This Agreement shall not constitute, nor shall it be interpreted as constituting, an agreement for hire of CONTRACTOR's fire personnel by SJB and any CONTRACTOR personnel providing services under this Agreement is, and shall continue to be, an employee of the CONTRACTOR under the supervision, management and control of the CONTRACTOR. SJB shall not assume by this AGREEMENT any liability for the direct payment of any salary, wages, medical benefits, retirement benefits, or other compensation to any officer or employee of the CONTRACTOR that is performing services hereunder for SJB, or for any other liability other than that provided for in this AGREEMENT.

C-3. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be used or employed.

C-4. COMPLIANCE WITH APPLICABLE LAWS.

CONTRACTOR shall comply with all applicable federal, state and local laws now, or hereafter, in force, and with any applicable regulations, in performing the work and providing the services specified in this contract. This obligation includes, without limitation, the acquisition, and maintenance of any permits, licenses, or other entitlements necessary to perform the duties imposed expressly or impliedly under the contract.

Revised 11/6/18 Attachment C: Page 1 of 4Page 530 of 583

C-5. PROHIBITION AGAINST ASSIGNMENT AND DLEGATION OF DUTIES.

Except as specifically authorized herein, no rights under this contract may be assigned and no duties under this contract may be delegated by CONTRACTOR without the prior written consent of SJB, and any attempted assignment or delegation without such consent shall be void.

C-6 NEGOTIATED CONTRACT.

This contract has been arrived at through negotiation between the parties. Neither party is to be deemed the party which prepared this contract within the meaning of California Civil Code Section 1654.

C-7. SEVERABILITY.

Should any provision herein be found or deemed to be invalid, this contract shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. To this end, the provisions of this contract are declared to be severable.

C.8 ENTIRE CONTRACT.

This contract is the entire contract of the parties. There is no understanding or contracts pertaining to this contract except as are expressly stated in writing in this contract or in any document attached hereto or incorporated herein by reference.

C-9. TIME IS OF THE ESSENCE.

Time is of the essence in the performance of this contract.

C-10. TERMINATION.

Either party may terminate this contract, with or without cause, at any time. In order to terminate this contract, the terminating party shall give advance written notice to the other party. The termination shall be effective no earlier than the expiration of the number of day specified in paragraph 6 of this contract. The termination notice shall be made as specified in paragraph C-11, below. In the event of termination, SJB shall pay CONTRACTOR for all work satisfactorily performed prior to the effective date of the termination.

C-11. NOTICES.

Notices to the parties in connection with the administration of this contract shall be given to the parties' contract administrator personally, by regular mail, or by facsimile transmission as more particularly specified in this paragraph. Notices will be deemed given on:

Revised 11/6/18 Attachment C: Page 2 of 4Page 531 of 583

a) The day the notice is personally delivered to the contract administrator or the office of the party's contract administrator; or
b) Five days after the date the notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, with first-class postage fully prepaid; or
c) On the day that the notice is transmitted by facsimile to a party's facsimile number specified in paragraph 6 of this contract, provided that an original of such notice is deposited in the United States mail, addressed to a party's contract administrator as indicated in this contract, on the same day as the facsimile transmission is made.

C-12. RESPONSIBILITY OF CONTRACT ADMINSTRATORS.

All matters concerning this contract which are within the responsibility of the parties shall be under the direction of, or shall be submitted to, the respective contract administrators or to the party's employee specified, in writing, by the contract administrator. A party may, in its sole discretion, change its designation of its contract administrator and shall promptly give written notice to the other party of any such change.

C-13. MATERIALITY.

The parties consider each and every term, covenant, and provision of this contract to be material and reasonable.

C-14. WAIVER.

Waiver by either party of a breach of any covenant of this contract will not be construed to be a continuing waiver of any subsequent breach. SJB'S receipt of consideration with knowledge of CONTRACTOR's violation of a covenant does not waive its right to enforce any covenant of this contract. The parties shall not waive any provisions of the contract unless the waiver is in writing and signed by all parties.

C-15. AUTHORITY AND CAPACITY.

SJB's and CONTRACTOR's signatory each warrant and represent that each has full authority and capacity to enter into this contract.

C-16. BINDING ON SUCCESSORS.

All of the conditions, covenants and terms herein contained shall apply to, and bind, the heirs, successors, executors, administrators, and assigns of CONTRACTOR. CONTRACTOR and all of Revised 11/6/18 Attachment C: Page 3 of 4Page 532 of 583

CONTRACTOR's heirs, successors, executors, administrators, and assigns shall be jointly and severally liable under this contract.

C-17. CUMULATION OF REMEDIES.

All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

C-18. INDEPENDENT ADVICE.

Each party hereby represents and warrants that in executing this contract it does so with full knowledge of the rights and duties it may have with respect to the other. Each party also represents and warrants that is has received independent legal advice from its attorney with respect to the matters set forth in this contract and the rights and duties arising out of this contract, or that such party willingly foregoes any such consultations.

C-19. NO RELIANCE ON REPRESENTATIONS.

Each party hereby represents and warrants that it is not relying, and has not relied, upon any representation or statement made by the other party with respect to the facts involved or its rights or duties. Each party understands and agrees that the facts relevant, or believed to be relevant to this contract may hereunder turn out to be other than, or different from, the facts now known to such party as true, or believed by such party to be true. The parties expressly assume the risk of the facts turning out to be different and agree that this contract shall be effective in all respects and shall not be subject to rescission by reason of any such difference in facts.

C-20. COUNTERPARTS.

This contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original. The counterparts shall together constitute one contract.

END OF ATTACHMENT C.

Revised 11/6/18 Attachment C: Page 4 of 4Page 533 of 583

ATTACHMENT D
Specific Terms and Conditions
D-1 INDEMNIFICATION
The indemnification provisions set forth in Attachment C, shall survive the termination or expiration of this Contract.

D-2 AMENDMENTS
This Contract may be amended only in writing with consent of both parties.

D-3 GRANT ADMINISTRATION
CONTRACTOR will apply for grants as it determines prudent in its sole discretion, and will administer all grants received.

D-4 WORKERS COMPENSATION
SJB shall not be liable to any officer, employee, Reserve or agent for any sickness or injury incurred by such person in the course of performing services under this Contract. All workers' compensation insurance shall be the responsibility of CONTRACTOR.

D-5 NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Contract.

D-6 FACILITY AGREEMENT
The City of Hollister shall pay the City of San Juan Bautista for use of the property now commonly known as Station No.4 located at 311 Second Street based on the following schedule:

A separate lease agreement shall be drawn. The lease shall include apparatus bay and living quarters.

The City of Hollister shall be responsible for all utilities.

Years 1-3 3,000 per month 36,000 per year
Years 4-5 3,400 per month 40,800 per year
Years 6-7 3,600 per month 43,200 per year
Years 8-10 $3,800 per month 45,600 per year
D-7 SJB MECHANIC UTILIZATION
City of Hollister shall utilize the service of the City of San Juan Bautista's Diesel Mechanic for appropriate repair and maintenance work on all diesel powered Fire Apparatus when available. Initial labor rate hall be established at$75.00 per hour. Hourly rates are subject to change based on an annual basis.

Revised 02/01/19 Attachment D: Page 1 of 2Page 534 of 583

D-8 MAXIMUM AMOUNT OF CONTRACT
The parties may agree in writing to modify the maximum amount and compensation terms of this Contract. Any increase shall be approved in advance by the governing bodies of the CONTRACTOR and Si B.

D-9 EFFECTIVE DATE OF THE CONTRACT
The parties expect that this contract will take effect on March 1,2019.

END OF ATTACHMENT D
Revised 02/01/19 Attachment D: Page 2 of 2Page 535 of 583

RESOLUTION NO. 2019-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED CONTRACT WITH THE

CITY OF SAN JUAN BAUTISTA FOR CONTINUED FIRE PROTECTION SERVICES WHEREAS, in May 2013, the City Council approved the initial contract to provide Fire Protection Services for the City of San Juan Bautista, and WHEREAS, the City Council approved an extension of that contract on October 19, 2015 and said contract expired on October 1, 2018; and
WHEREAS, Resolution No. 2018-302 was approved by City Council on November 19, 2018; and
WHEREAS, a newly amended contract has been submitted by the City of San Juan Bautista to include Comprehensive General Liability Insurance Limits of $5,000,000 and a commencement date of the contract of March 1, 2019; and WHEREAS, the City of San Juan Bautista still requires Fire Protection Services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the contract to provide continued Fire Protection Services for the City of San Juan Bautista and hereby authorizes the Mayor to execute the amended contract.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 18th day of March, 2019, by the following vote:

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

NOES: None.

ABSTAINED: None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST:APPROVED AS TO FORM:
0 °At -
Prentice, Long & Epperson, Attorneys at Law
Christine Black, IVIMC, City Clerk c
Jason . Epperso , City Attorney

CITY OF HOLUSTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
OFFICE OF THE CITY CLERKPage 536 of 583

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # City Attorney-2024-04

AGENDA ITEM: MAY 2024 LEGISLATIVE UPDATE

DEPARTMENT: City Attorney
DEPARTMENT HEAD Mary Lerner, City Attorney:

STAFF CONTACT: Jennifer Thompson, Assistant City Attorney

RECOMMENDED ACTION: Receive report.

DISCUSSION: The City Attorney will provide a quarterly legislative update focused on the recent Supreme Court case, Sheetz v. County of El Dorado.

FISCAL IMPACT: N/A

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: May 6, 2024
REPORT # City Clerk-2024-15

AGENDA ITEM: BEST PRACTICES FOR EFFICIENT MEETINGS

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Jennifer Woodworth, City Clerk

RECOMMENDED ACTION: Discuss and provide direction to staff on implementation of best practices for efficient meetings.

DISCUSSION:

At the March 18, 2024 regular City Council meeting, the City Council directed staff to research best practices for making the City Council’s public meetings more efficient and effective. The City Clerk’s Office analyzed past City Council meetings and conducted research into best practices to provide the options contained in this report.

Past City Council Meetings
The City Clerk’s Office reviewed all City Council meetings in 2023 and 2024 through April 15, 2024. Out of the 33 meetings held during this period, 17 lasted more than 5 hours. For each of these meetings that went over 5 hours, staff found staff presentations were approximately 22% of the time, public comments were approximately 23% of the time, and Council comments and questions were approximately 55% of the time.

Staff has prepared various options based on a review of other cities and counties, historical knowledge and experience, and concepts staff believe can increase City Council meeting efficiency. The alternatives are broken down into three categories: staff time, Council time, and public time. The City Council can discuss the outlined suggestions and provide direction to staff regarding their potential implementation.

Staff Time

1. Limit staff presentations to five minutes or less. While staff presentations in Hollister are brief overall, some could be shortened depending on the complexity of the topic. This has been a past request of the City Council for staff presentations, but there is no written policy on the matter. A written policy and staff training on giving effective and efficient presentations could be helpful in creating concise yet informative presentations for the Council and members of the public. Department heads have already received this training, and it could be extended to other members of staff as well.

Please note that some presentations may need to be longer than five minutes due to the complex nature of the topic. These should be uncommon and would not be the norm. Alternatively, staff may need to shorten their presentations

depending on the number of items on the agenda and the placement of an agenda item, with items heard closer to the 10:00 PM end time needing to be shortened.

2. Use of the Consent Calendar. Greater use of the Consent Calendar would streamline approvals for many standard or frequent types of items, thereby reserving time for items that require more discussion. Staff recommends expanding the use of the Consent Calendar to include items such as grant applications, contracts, receive and file reports, and other routine reports or items where previous Council direction was given. City Councilmembers would maintain the ability to pull items from the Consent Calendar for discussion.

In addition to greater use of the Consent Calendar, staff recommends items that are pulled from the Consent Calendar be heard at the end of the regular meeting, as outlined in Hollister Municipal Code Section 2.04.130, which will allow the remainder of the agenda to move forward without delay, inc luding noticed public hearings.

3. More comprehensive staff reports. Hollister’s staff reports are relatively brief in comparison to other municipalities. This is sometimes due to the desire of the City Council and staff to bring an item back for discussion quickly. If more information is included in the staff reports, then less will need to be presented during the City Council meeting thereby allowing more items to be included on the Consent Calendar and for shorter staff presentations. If directed by the C ity Council, staff will prepare and provide training to staff regarding the preferred contents of a report. Please note that the preparation of more comprehensive reports will extend the time it takes to return to Council with agenda items.

Council Time

1. Adhere to the posted agenda order. Although the Mayor retains full discretion to reorder City Council meeting agenda items, it is recommended the posted agenda order be followed, unless there is a significant item needing to be advanced, to prevent confusion and inconvenience to the public in attendance.

This will also reduce waiting time for the public and create more certainty to the agenda.

Additionally, the City often pays consultants in attendance for their time to wait for their agenda item to be heard, which typically are scheduled early on the agenda in order to minimize impact on project budgets. At a recent Council meeting, hearing items out of order on the agenda equated to an additional five to six hours of time being paid to consultants before their item was heard despite it being on the posted agenda at an earlier position.

2. Continue to brief with City Manager prior to the City Council meeting. To reduce the amount of time devoted to technical questions or general clarification during the City Council meeting, Councilmembers should continue to reach out to the City Manager in advance of the meeting to limit discussion during the meeting.

3. Limit time for Council questions and comments. One nearby City Council limits the amount of time for City Council questions to five minutes per member of Council. Staff sets a timer for the member asking questions and stops it while staff responds to the questions. Once the five minutes have expired, that member of Council does not ask any more questions. A second timer is set for Council comments following public comment. This has seen mixed success for other agencies and can be difficult to manage as staff respond to Council questions.

Alternatively, other agencies set an overall time limit for Council questions and comments with the members of the Council rotating in the order in which they ask questions and comments. The time limits range from fifteen to twenty minutes. Once the time has elapsed, the City Council can decide whether to continue asking questions and/or discussing the item.

4. Rotate Council assignment reports. Rather than each member of the Council reporting on their assignments to outside committees at each meeting, the Council staff suggests rotating these reports with one member of the Council reporting out at each meeting. To further reduce time, the reports could be limited to three minutes.

5. Time limit on City Council announcements and reports. Each member of the City Council would be limited to one minute to provide announcements to the public, such as upcoming events, activities in their District, etc. A timer would be set by staff.

6. Policy for adding items to a future City Council agenda . In May 2023, the City Council considered a policy that outlined a process for members of the City Council to place items on a future meeting agenda. The City Council did not adopt the policy at that meeting, but the Council could consider the item again or direct staff to bring back a revised policy regarding the topic. The proposed policy will also aid staff in having clear direction from the Council on agenda items.

Another option that can be considered in conjunction with the proposed policy is to implement a time limit on Council requests for future agenda items. This will also help reduce the potential of a Brown Act violation since discussion would be limited to brief requests for agenda items rather than leading to a possible discussion of the item.

7. Limit Council proclamations and certificates of recognition. Presentations for the community are an important part of the meeting and are valued by the community. Staff recommends setting a limit of five minutes per meeting, with a goal of limiting the number of presentations per mee ting to two or three. The City Clerk would create a timer for presentations to help keep this part of the meeting on track.

Public Time

1. Shorten public comment. Hollister Municipal Code Section 2.04.180 states public

speakers “shall have up to three minutes” to address the City Council. It also gives mayor or mayor pro tem in the absence of the mayor, the authority to reduce the allowed time if necessary to accommodate a larger number of speakers. Staff recommends the City Council adopt rules for shortening the time limit on speakers depending on the number of speakers for any single item on the agenda. In order to promote transparency, this information can be included in the City’s municipal code and printed on the speaker cards submitted by the public. One option is as follows:
- 5 or fewer speakers – 3 minutes each
- 6-9 speakers – 2 minutes each
- 10+ speakers – 1 minute each

Alternatively, the City Council can consider reducing the time allotted for all speakers, such as reducing it to two minutes. In the event that there are a large number of speakers for any one agenda item, the allowed time would be reduced to one minute.

For both options, non-English speakers utilizing a translator will be given at least twice the amount of time allocated to other speakers.

2. Limit time to indicate a desire to provide comment. Oftentimes, members of the public have not indicated their desire to provide public comment when the public comment portion of an agenda item begins. This limits the mayor from being able to accurately determine the number of speakers and potentially adjust the amount of time allocated to each speaker. Additionally, some speakers do not indicate their desire to speak until after the City Clerk has stated there are no other speakers, delaying the closing of a public hearing or public comments and potentially causing confusion.

To address this issue, staff recommends requiring the public to indicate their desire to provide comments at the start of the public hearing or public comments and closing it after one minute. Members of the public may indicate their desire to provide comments by submitting a speaker card or raising their hands via Zoom.

No other speaker cards or hand raising will be accepted after one minute.

Procedural Changes

These are changes suggested to the meeting procedures where the City Council and staff currently follow certain procedures that are not required by law.

1. Mayor announces adjournment. Rather than the City Council requiring a motion and vote to adjourn to Closed Session and at the end of the meeting, the mayor can simply announce the City Council is adjourning to Closed Session or that the meeting is adjourned.

2. Remove Verification of Agenda Posting. The verification of the agenda posting announced by the City Clerk at each meeting is not a legal requirement and the date and location of the posting can instead be included in the physical agenda notice.

3. Registering a “No” vote on Consent Calendar items. If any member of the City Council wants to register a “No” vote on a Consent Calendar item, they are not required to pull the item. He or she can state their vote and the items they are opposing prior to the motion, and the City Clerk will note the correct vote in the meeting minutes.

4. Public comments for items pulled from the Consent Calendar. Prior to a motion being made for the Consent Calendar, the mayor takes public comments. It is not required to take public comment again for each of any items pulled from the Consent Calendar. All public comments can be heard prior to the motion and vote on the remainder of the Consent Calendar, and separate motions and votes will be taken for each item pulled.

FISCAL IMPACT: Fiscal impact will depend on the direction given by the City Council.

PREVIOUS COUNCIL OR COMMISSION ACTION: The City Council directed staff to return with this item at their March 18, 2024 meeting.

CEQA: This is not a project under CEQA.

ATTACHMENTS:

1. Analysis of 2023-2024 City Council meetings

January 2023 - April 2024 Meetings
Meeting Date Start Time End Time Total Time
4/15/2024 5:30 PM 7:25 PM 1:55
2/12/2024 6:30 PM 8:46 PM 2:16
6/26/2023 5:01 PM 7:28 PM 2:27
3/4/2024 6:00 PM 8:28 PM 2:28
2/20/2024 6:01 PM 8:30 PM 2:29 5 meetings
10/2/2023 5:30 PM 8:31 PM 3:01
9/5/2023 5:30 PM 8:56 PM 3:26
2/6/2023 6:30 PM 10:04 PM 3:34
1/17/2023 6:30 PM 10:27 PM 3:57
1/16/2024 6:01 PM 9:59 PM 3:58
4/3/2023 5:31 PM 9:30 PM 3:59 6 meetings
3/27/2023 4:03 PM 8:13 PM 4:10
5/15/2023 5:00 PM 9:13 PM 4:13
3/20/2023 5:00 PM 9:18 PM 4:18
5/1/2023 5:30 PM 10:03 PM 4:33
9/18/2023 5:00 PM 9:36 PM 4:36 5 meetings
2/5/2024 5:00 PM 10:15 PM 5:15
6/12/2023 5:00 PM 10:20 PM 5:20
8/21/2023 5:30 PM 10:50 PM 5:20
12/4/2023 5:31 PM 10:56 PM 5:25
3/6/2023 5:00 PM 10:44 PM 5:44
9/11/2023 4:05 PM 10:03 PM 5:58 6 meetings
12/18/2023 5:00 PM 11:02 PM 6:02
8/7/2023 5:02 PM 11:14 PM 6:12
10/16/2023 5:01 PM 11:13 PM 6:12
4/2/2024 5:00 PM 11:12 PM 6:12
2/21/2023 5:30 PM 11:46 PM 6:16
11/6/2023 5:30 PM 12:07 AM 6:37 6 meetings
3/18/2024 6:00 PM 1:02 AM 7:02
6/20/2023 5:02 PM 12:17 AM 7:15
4/17/2023 5:00 PM 12:50 AM 7:50
6/5/2023 4:02 PM 12:01 AM 7:59
11/20/2023 5:00 PM 1:44 AM 8:44 5 meetings

Requested Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 1 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
2 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services TBD Fee Study being completed for all city fees 4 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.

Administrative Services TBD Wildan completed scope and has begun the study. 5 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation 6/18/2024
Topo survey has been contracted with Kelly
Engineering and survey has been completed.

Master plan to be presented for consideration in
2024-25 budget.
6 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)TBD
Administrative Services department is in the
process of filling key vacancies within the
department and has delayed the drafting of the
policy.
7 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services TBD Fee Study being completed for all city user fees 8 Resendiz 2/6/2023 Art development fees Parks & Recreation TBD Arts and Cultural Commission approved on 4/11.

Pulled from Council on 6/20/23
9 Perez 2/21/2023 Program to support beautification of
Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
1Page 544 of 583

Requested Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
10 Burns 8/21/2023 Future closed session or open session item on previous mountain lion encounter in the City City Attorney TBD City attorney drafting report for future council meeting
11 Casey 2/20/2024 Item regarding Downtown parking and green space including a Dunne Park Master Plan Development Services TBD Staff working to develop agenda item 12 Council 3/18/2024
Update council policy to include travel for
Council assignments to state and regional
bodies
Administrative Services TBD Staff working to develop agenda item 13 Burns 3/18/2024 Options for increasing meeting efficiency City Clerk 5/6/2024 Scheduled for 5/6/2024 14 Resendiz 4/2/2024 Ordinance to eliminate plastic bags and straws in the City Public Works TBD Work with Integrated Waste Management 15 Casey/Perez 4/2/2024
$3000 each of discretionary funds for the
Indigenous Nations Diversity Network event in
September
City Manager 5/6/2024 Scheduled for 5/6/2024
16 Casey 4/2/2024 Waive permit fees for Mr. Wrobel if
permissible Development Services TBD Staff working with Mr. Wrobel and determining if waiving fee is permissible based on project spefics
17 Morales 4/15/2024
Proclamation declaring May as National
Missing and Murdered Indigenous Women
Month and recognizing May 5 as National
Missing and Murdered Indigenous Women
Day
City Clerk 5/6/2024 Scheduled for 5/6/2024
18 Casey 4/15/2024 Proclamation for 90th Annual Saddle Horse Show City Clerk 5/21/2024 Scheduled for 5/6/2024
19 Morales 4/15/2024 $2000 from discretionary funds for Missing and Murdered Indigenous Women Event City Manager 5/21/2024 Scheduled for 5/6/2024 20 Morales 4/15/2024
Use of discretionary funds for safer
communities programs for teens - evenly
distribute to Parks & Recreation Dept, New
Hope for Youth Organization, and substance
abuse programs
City Manager 5/21/2024 In progress
2Page 545 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with presentations
by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022 7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022 MOU's re: Hazard Pay for Employees approved 5/2/2022 5/2/2022
12 Council Member(s)3/21/2022 "Welcome to Hollister" sign arch over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 3Page 546 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022 19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and Perez were appointed on April 18, 2022.4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member wants to
submit items to City Clerk for posting
to COH Social media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to amend
City Code set for May 16, 2022. Item
did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting Agenda 5/16/2022 23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to amend
City Code set for May 16, 2022-Did
not pass
5/16/2022
24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
4Page 547 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance Review
to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be provided to
Council by outside attorney. Memo
provided on 5/25/2022 on
Regulating Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.

Ad Hoc 4/18/2022
Consultant is working on Term
Limits. Council Direction for
Charter City to be brought back
for discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.

City Manager Developer working on a project for
site and the land is in escrow.6/30/2022
30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the process &
working with Elections Consultant.

Special Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be ready
for Election in 2024 if process is
started in time.

Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in May

14. Consultant is working on
Advisory Measure. On June 6
Agenda for Council Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to allocate
$500,000 from ARPA Funds, divide
amongst 5 Council Members -
Council to send locations
Waiting on
individual Council
Members
5Page 548 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 33 Council Member(s)5/2/2022 Presentation on grants, low income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager Approved as part of the Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022 39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August 2022
Meeting. If approved working on
ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on 9/6.9/6/2022 42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled via
Ordinance brought to Council on
September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.

Fly Breast Cancer flag in October at
City Hall.

City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not need
to be put on closed session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022 Second reading of ordinance will be
brought to Council on 10/3/22.10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 6Page 549 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for
Facility Assessment Survey. Will
bring to the 10/17/22 City Council
Meeting
10/17/2022
49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to schedule date for presentation.11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has requested to
present at 11/7/22 council meeting.

Will evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley Pavement and
Drainage Project are being
presented to the Council for
approval on 11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve on
committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.

Police (Animal
Control)/ City
Attorney
Will be discussed at the Animal
Control Ad Hoc Committee meeting 2/14/2023
58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 7Page 550 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023 City Manager contract discussion scheduled for Closed Session 2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023 62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft a
speed cushion/traffic calming
measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution on
3/27/23 authorizing the raising of
the Christian flag on 4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023 67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023 Second reading of ordinance will be brought to Council on 4/17/23 4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public outreach
project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC

2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 8Page 551 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23.

On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023 76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.

City Manager 3/27/2023 Will be included as part of 2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023 Resolution to Raise DACA flag 5/4/23- 5/7/23 on 5/1/23 agenda 5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a grant
proposal to provide funding for EV
stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities for the
Leatherback property.

TBD
9Page 552 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 83 Resendiz 5/1/2023
Presentation by United Way of San
Benito County regarding 2-1-1
Program
City Clerk 5/15/2023 Presentation confirmed 5/15/2023
84 Council 4/3/2023
Letter of opposition re: Taxpayer
Protection and Government
Accountability Act initiative
City Attorney 5/15/2023 Letter prepared for 5/15/23 meeting 5/15/2023 85 Burns 5/1/2023
Consideration of waiving pre-
application fee for the Growing
Hearts garden center
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
86 Resendiz 5/1/2023
Consideration of refund for
conditional use permit fee for
Fiesta Plaza
Development
Services 6/5/2023 Staff prepared agenda item for
6/5/2023 meeting
87 Burns 5/15/2023 Proclamation for Hollister High
School Green Ribbon Award City Clerk 6/5/2023 Staff prepared agenda item for 6/5/2023 meeting
88 Burns/Perez 9/6/2022 Develop cooling and warming
center policy City Manager N/A Posted OES approved policy on City Website 6/1/2023
89 Burns 6/5/2023 City Attorney Evaluation City Attorney 6/20/2023 On 6/20/23 Agenda 6/20/2023 90 Burns/Resendiz 6/5/2023 Presentation on Sewer Services Community Services 6/20/2023 On 6/20/23 Agenda 6/20/2023 91 Burns 6/5/2023
Parade for Hollister High School
baseball team, softball team and
girls soccer team
City Manager 6/17/2023 Being included in Saddle Horse Show Parade 6/17/2023
92 Burns 6/5/2023
Proclamations for Hollister High
School baseball team and softball
team
City Clerk 6/20/2023 On 6/20/23 Agenda 6/20/2023
93 Burns 6/5/2023 Funding for additional police
officer in FY23-24 budget Finance 6/12/2023 Included in draft budget 6/12/23 6/12/2023 94 Morales 4/17/2023 Use of Council discretionary funds for beautification projects
Development
Services 6/5/2023 Discretionary funds policy being
drafted as part of 2023-24 budget 6/5/2023
95 Burns 3/6/2023
4/3/2023
Clarification regarding Council
discretionary funds. Consider
raising budget to $100K
Administrative
Services 6/26/2023 Budget set at $50k.6/5/2023
96 Perez 3/6/2023 Tree Replacement Program Community Services 6/26/2023 Staff preparing program for 2023-24 Budget 6/26/2023
97 Resendiz 2/21/2023
Consideration of an amendment to
HMC regarding adoption of
tentative maps by the City Council
Development
Services TBD Item was previously brought to
Council and did not pass.
10Page 553 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 98 Resendiz 2/21/2023 Policy on use of Council travel
funds
Administrative
Services 6/12/2023 Policy complete 6/12/2023
99 Burns, Morales,
Perez 4/4/2022 Food Truck Ordinance Review Development
Services 6/5/2023
Planning Commission reviewed on
4/27/2023. 6/5/23 Council public
hearing. Staff working to conduct
outreach for businesses and food
truck owners.
6/20/2023
100 Burns/Resendiz 6/5/2023
Domestic Wastewater Treament
Plant Update including MBR
discussion
Community Services 6/20/2023 Presentation made at 6/20/23 council meeting
101 Burns 2/6/2023
City to take on cost for internet
service for computers installed by
LULAC at Community Center
Information
Technology 6/26/2023 Developing cost estimates for FY
2023-24 budget
102 Casey 3/20/23 &
6/5/2023
Use discretionary funds for ADA
accessible equipment at Summer
Park
Parks & Recreation N/A
Initial quotes for basic ADA
improvements are approximately
$60,000 which exceeds the
discretionary limit of $50,000 per
member of the council.
8/3/2023
103 Morales 8/7/2023
Creation of ad hoc committee
regarding Council Code of Conduct,
including discussion of possible
fines and potential misdemeanor
prosecution
City Attorney 8/21/2023 Agendized for 8/21/23 8/21/2023 104 Burns 6/20/2023 Use discretionary funds for tree
lights on East Street Public Works 8/31/2023
On 8/7/23 Council agenda for
consideration. If approved, lights
should be installed by 8/31/2023
8/7/2024
105 Morales, Perez 4/17/2023 Campaign finance City Attorney 8/21/2023 City attorney drafting report for future council meeting
106 Burns 3/20/2023
Consider placing the raising the
Transient Occupancy Tax on the
ballot for the next general election
City Clerk 8/21/2023
Council directed staff to return with
a ballot amendment for the
November 2024 ballot and work
with BBK on education materials
8/21/2023
107 Casey 3/6/2023 Speed Cushion Policy Engineering 8/21/2023 Staff developing policy. Council
adopted a resolution pausing large
traffic calming measures until policy
is approved.
8/21/2023
108 Burns 6/5/2023 Policy on remote meeting
participation for Council
City Attorney/City
Clerk 9/5/2023 Item on 9/5/2023 agenda for
consideration.9/5/2023
11Page 554 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 109 Casey 4/17/2023 Review Council Code of Conduct City Attorney 9/18/2023 Ad Hoc provided brief report out.

Will return with an update at a
future meeting.
9/18/2023
110 Burns 6/20/2023 Requested a presentation from the
Growing Hearts organization City Manager 10/2/2023 Presentation delivered.10/2/2023 111 Resendiz 9/18/2023
Use $5,000 of his discretionary
funds for the Hollister Downtown
Association to create altars for Dia
de Los Muertos
City Manager 10/2/2023 Approved at Council 10/2/2023
112 Perez 9/5/2023 Discussion of maintenance for City
trees Public Works 10/16/2023 Tree policy adopted at 10/16/23 meeting 10/16/2023
113 Morales 9/5/2023 Update on the status of various
Council ad hoc committees City Clerk 10/16/2023 Provided at 10/16/23 10/16/2023 114 Morales 8/21/2023
Proclamations to recognize IUPA
16 and Local 12 and their volunteer
efforts in the community
City Clerk 10/16/2023 Presented at 10/16/23 meeting 10/16/2023 115 Burns 10/3/2022 Special Meeting to Discuss the
Library City Manager 10/31/2023 Library received grant for reconstruction.10/31/2023
116 Resendiz 9/5/2023
Create an ad hoc committee to
discuss a future performing arts
center
Parks & Recreation 11/7/2023 Arts Center component added to the Community Center workgroup.11/7/2023
117 Morales 1/17/2023
Procurement Policy to express
City's preference for a skilled and
trained workforce instead of just
the lowest responsive bidder, such
as preference for local hires and
working with veterans
Administrative
Services 11/6/2023 Ordinance introduced at 11/6/23
Council meeting 11/6/2023
118 Morales 3/21/2022 Outdoor Night Market Development
Services (Planning)11/7/2023
Events on private property require a
major temporary use permit.

Applications need to be submitted
45 days before event.
11/7/2023
119 Velazquez 1/18/2022 &
5/2/2022
Discussion on parking/parking
garage fees
Development
Services
(Planning/Engineerin
g)
11/6/2023
Parking fee study has been finalized
and will be brought forward to
Council for discussion and possible
action. Agreement being drafted for
developer to provide improvements
at garage.
11/6/2023
12Page 555 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 120 Morales 10/2/2023 In lieu fees for City Elections City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 121 Burns 9/5/2023 Future Council discussion on
holding the annual motorcycle rally City Manager 11/20/2023 Presentation on 11/6/23 agenda.

Item continued to 11/20/23 11/20/2023
122 Morales 10/2/2023 Ballot measure to change mayoral
term to four years City Clerk 11/20/2023 On 11/20/23 agenda 11/20/2023 123 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services 11/20/2023
Cost estimates presented with the
FY2023-24 Q1 Budget Update. Item
continued to 11/20/23
12/4/2023
124 Perez 11/20/2023 Present certificate of recognition to Ken Lindsay City Clerk 12/4/2023 On 12/4/23 Council agenda 12/4/2023 125 Resendiz 12/4/2023 Council approval of tentative maps City Attorney N/A Council provided memo on request.12/11/2023 126 Resendiz 11/20/2023 Use his discretionary funds to
support Los Posadas event City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 127 Council 11/20/2023 Resolution Calling for Ceasefire in Gaza City Manager 12/4/2023 On 12/4/23 Council agenda 12/4/2023 128 Morales 12/4/2023
Use of discretionary funds for
students to attend Colonel Nicole
Mann event
City Manager 12/18/2023 Adopted resolution 12/18/2023
129 Burns 12/4/2023
Requested staff review the
agreement with Del Curto for the
400 Block of San Benito Street
Development
Services 1/16/2024 Item on 1/16/24 Council agenda 1/16/2024 130
Perez
Burns
Resendiz
9/18/2023
10/16/23
Address odor reduction in District
2 Public Works 12/18/2023
Staff included odor control measures
in forthcoming Collection System
Improvement project.
12/18/2023
131 Burns 1/16/2024 Convert Dunne Park tennis court to
4 pickleball courts Parks & Recreation 2/5/2024 Update on project at 2/5/24 meeting 2/5/2024 132 Burns 11/20/2023
Separate project to construct
crosswalk on Memorial Drive near
elementary school to speed up
process
Public Works 2/5/2024
Council directed staff to install speed
cushions to be replaced with speed
tables and to move forward with
implementation of crosswalks at
Verdun and Memorial and other
improvements
2/5/2024
13Page 556 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 133 Resendiz 9/18/2023
Council item regarding what other
municipalities are doing regarding
landscape and lighting district
Engineering 2/20/2024
Other municipalities and the City of
Hollister supplement Landscape and
Lighting Districts with the general
fund as the LLD assessments do not
have an annual inflation factor
included in them.
2/15/2024
134 Burns 2/5/2024
Options to address speeding on
San Benito Street after South
Street
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
135 Burns 2/5/2024 Creation of a Council ad hoc
committee related to Cannabis City Clerk 2/20/2024 Committee formed at 2/20/24 Council meeting 2/20/2024
136 Morales 2/5/2024 Proclamation for Black History
Month City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
137 Casey 2/5/2024 Proclamation for Give Kids a Smile
Event City Clerk 2/20/2024 Presented at 2/20/24 Council meeting 2/20/2024
138 Burns 12/4/2023
Consider road engineering on
Sunnyslope near Sunnyslope Lane
and Beverly such as a crosswalk
with flashing lights
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
139 Morales 12/4/2023
Traffic study of San Benito Street
between Hawkins to Nash
complaints related to speeding and
traffic
Public Works 2/20/2024 Item discussed at 2/20/24 Council meeting 2/20/2024
140 Resendiz 2/20/2024 Certificate of Recognition for Elyssa Hernandez City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 141 Morales 2/5/2024
Recognition of Community
Volunteers who provided
assistance following the Line Street
Apartment fire
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
142 Council 1/16/2024 San Benito Leadership Institute
funding City Manager 3/4/2024
Staff working to develop agenda
item to allocate $20,000 from the
general fund
3/4/2024
143 Perez 1/16/2024 Item to make raising Christian Flag at City Hall an annual event City Clerk 3/4/2024 Scheduled for 3/4/2024 3/4/2024 14Page 557 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 144 Burns 2/5/2024
Options for creating a non-profit
that people can donate to to
support the Animal Control
Services Division
Administrative
Services 3/8/2024
Public is able to donate to the
Animal Shelter. Funds are restricted
when donated.
3/4/2024
145 Morales 12/18/2023
Discussion Re: potential updates to
HMC to set Council regular
meeting time for 9:00 AM
City Attorney 3/4/2024
On 2/5/24 Council directed staff to
return with an ordinance to set the
regular meeting start time at 4:00
PM.

Introduction of ordinance scheduled
for 3/4/24.

Re-introduction scheduled for
3/18/24
3/4/2024
146 Burns 12/4/2023
Use of discretionary funds to install
dog waste bag dispensers in
Sunnyslope Village
City Manager 3/4/2024 Scheduled for 3/4/2024 3/4/2024
147 Casey 11/20/2023 &
1/16/2024
Seeks to be able to review draft
agenda with City Manager prior to
publication
City Manager 3/4/2024 Item did not pass. 2-2 vote on
3/4/24 3/4/2024
148 Perez 11/20/2023 Lighted crosswalk near Fourth and
Line Streets Public Works 3/18/2024
Staff will be completing the work in
house. Project does not need to
return to Council for approval.
3/5/2024
149 Casey 2/20/2024 Council Goal-Setting Workshop
prior to budget development City Manager 3/18/2024 Discretionary fund request for meeting scheduled for 3/18/24 3/18/2024
150 Morales 1/16/2024 Review of City policies on Council training and travel
Administrative
Services 3/18/2024 Council direction given on 3/18/24.3/18/2024 151 Casey 2/20/2024
Bring inclusionary housing
ordinance back for Council
consideration to include a 6% very
low income, 5% low income, and
4% moderate income levels split
and options for alternative
compliance.

Development
Services 3/18/2024 Council direction given on 3/18/24.

Ordinance returning on 4/15/24 3/18/2024
15Page 558 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 152 Burns 3/18/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 153 Burns 3/18/2024 Report on recent animal hoarding
incident in the County Police 4/2/2024 Scheduled for 4/2/24 4/2/2024 154 Burns 3/18/2024 Proclamation for Hollister High
School boys soccer team City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024 155 Burns 3/4/2024 Update on Motorcycle Rally City Manager 4/2/2024 Scheduled for 4/2/24 4/2/2024 156 Perez 3/4/2024
Proclamation on Womens History
Month and International Womens
Day
City Clerk 4/2/2024 Scheduled for 4/2/24 4/2/2024
157 Casey 12/4/2023
Traffic study of McCray Street
behind shopping center and
potential options (agenda item)
and address blight in the area
Public Works 4/2/2024 Item rescheduled from 3/18/24 to
4/2/2024.4/2/2024
158 Casey 1/16/2024 Vacant building ordinance Development Services 4/2/2024 Working with consultant to bring a
presentation to Council 4/2/2024
159 Casey 4/3/2023 Ordinance re: Vacant commercial
buildings
Development
Services 4/2/2024 Scheduled for 4/2/24 4/2/2024
160 Burns 8/21/2023 Use of discretionary funds to install cameras at Valley View Park Police 4/2/2024 Staff gathering quotes and preparing agenda item for 4/2/24 4/2/2024
161 Burns 12/4/2023 Use of discretionary funds for
COVID-19 victims memorial City Manager 4/15/2024 Staff working to develop agenda item 4/15/2024
16Page 559 of 583

Completed Agenda Items CITY COUNCIL PROJECT LIST 5/3/2024 Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 162 Perez 3/4/2024 $8500 from discretionary funds for
Bulldog Boxing City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 163 Resendiz 3/18/2024
$1500 from CM Resendiz
discretionary funds for Dia de los
Ninos Event
City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024
164 Council 3/18/2024 $1000 each from discretionary
funds for Jovenes de Antano City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 165 Casey 3/18/2024 $5000 from discretionary funds for
community center renderings City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 166 Morales 3/18/2024 $3000 from discretionary funds for printing of City Resource Guide City Manager 4/15/2024 Scheduled for 4/15/24 4/15/2024 167 Resendiz 4/2/2024 Local preference ordinance for
affordable housing
Development
Services 4/15/2024 Scheduled for 4/15/24 4/15/2024
168 Perez 4/2/2024 Provide direction on amending
campaign contributions ordinance City Attorney 4/15/2024 Scheduled for 4/15/24 4/15/2024 17Page 560 of 583

Update Requests from Council (non-agenda items)CITY COUNCIL PROJECT LIST 5/3/2024 1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Project will be assigned to Economic Development Manager once hired.TBD
2 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services
(HR)
Recruitment failed for Sr Building Inspector. Staff
working with department to update job description,
requirements, and evaluate salary schedule.
6/30/2024
3 Burns 9/6/2022 Shade structure at Klauer Park Parks & Recreation Structures are ordered and delivered. Plans under building dept review.5/30/2024
4 Casey 12/4/2023 Policies posted to City website City Manager Will be included on new website.TBD 5 Burns 1/16/2024 Update on request for more lighting at Dunne Park Parks and Rec Staff preparing contract with selected vendor.6/30/2024 6 Casey 3/18/2024
Receive update from animal ad hoc
committee regarding recommend policy
changes
Police Animal ad hoc committee holding meetings to discuss potential policy updates.TBD
7 Burns 4/15/2024 Update on feasibility of creating City dispatch center Police Staff preparing report and update for council.TBD 8 Perez 4/15/2024
Additional information regarding
potential widening of San Juan Fourth
Street Bridge
Engineering Staff preparing report and update for council.TBD Status Estimated Date of
Completion#Council Member Meeting Date Update Requested Department 18Page 561 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the
redistricting website and emails received re:
submitting maps be emailed to council prior to
the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.

City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 19Page 562 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city
are veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.

City Manager 2/22/2022
24 Resendiz 2/22/2022
Consider adding to the Assistant City Manager
position job description to work on PRA
requests
City Manager 2/22/2022
25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
20Page 563 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have
Council give these away at park openings so
public can help keep parks clean.

Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022
33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
21Page 564 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.

Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply
for
City Manager 4/25/2022
42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.

City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all
presentations City Clerk Completed 5/16/2022
48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
22Page 565 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.

City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.

Requested clarification from
consultant on using city logo
shirts and posting videos
5/20/2022
23Page 566 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.

A more detailed process was
brought to Council, but rejected.
6/6/2022
61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.

Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings
so they are earlier, so they do not go late into
the night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
24Page 567 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links
on the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.

City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under
"Transparency" tab on existing
site. Reports will be included on
new city website.
9/30/2022
78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas
of the dog park in the past. This
did not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
25Page 568 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any
inquires from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor
to remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
26Page 569 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal
Year 2021-22. Report under
review and will be distributed to
council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
27Page 570 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.

City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as
requested 10/18/2022
102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more
restrictive ordinance than the
state.
10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
28Page 571 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.

Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.

Staff is waiting for the weather to
clear prior to install them.
1/31/2023
29Page 572 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.

Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.

Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
30Page 573 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific
bulletin boards based on
Department needs.

Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk
To be signed by Mayor on
4/17/23 and provided to Alliyah
Gomez
5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk
To be signed by Mayor on
4/17/23 and provided to Sarah
Nordwick
5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
31Page 574 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.

Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.

Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance
position to deal with graffiti on a
regular basis and will develop
regular routes to deal with graffiti
before it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee
with representatives from different entities to
tackle homeless problem, to discuss this on a
future agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
32Page 575 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on
schedule with surveyor. Topo
survey work began in late July of
2022. Topo Surveys were
completed in September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of
the public regarding parklets that would harm
their business
Development
Services
Parklet not approved due to
safety concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.

City Attorney Memo sent to Council 5/8/2023
148 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker to
repaint sound walls citywide Community Services
Interviews held on 5/8. Offers will
be made by 5/12. Paint truck is
currently operational.
5/31/2023
33Page 576 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 149 Burns 9/6/2022
Union Rd signs need to be replaced with
Avenida Cesar Chavez signs at Fairview and Hwy
25 intersections
Community Services Sign installed on 6/1/2023 6/1/2023
150 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project complete. Acceptance of
project will be presented to City
Council on 6/5/23.
6/5/2023
151 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public Officials
and provide to employees and other
jurisdictions.

City Manager
Transcription completed and
manual being reviewed by
Esperanza Center team.
6/5/2023
152 Burns 3/20/2023 Update on collection of fees from litigation City has won
Administrative
Services
Staff are gathering information
and will report back to Council at
a future date
6/5/2023
153 Council 5/2/2022
Upgrade or replace the lights downtown and
the first block of the side streets with APRA
funds
Community Services
RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
154 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events 7/17/2023
155 Morales 3/20/2023
Update on the status of City's involvement in
regional efforts regarding broadband
installation
City Manager
Staff working on developing a
report for council. Staff is
currently amending its LATA grant
application in an effort to secure
$500k for broadband design work.
8/7/2023
34Page 577 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 156 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering Supplies have been received by
contractor. Material delays have
slowed project. Installation will
begin in May of 2023
6/30/2023
157 Burns 2/6/2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
incident and the body camera footage to be
released and presented at regular city council
meeting
City Attorney/Police Referred to City Attorney 8/1/2023 158 Perez 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services Memo sent to Council 8/30/2023 159 Burns, Perez 8/7/2023
Certificates of recognition for longstanding
Hollister businesses: San Benito Tire, A&W Root
Beer, Foster Freeze, McKinnon Lumber and
Country Rose
City Clerk Certificate created and sent to
honoree 9/5/2023
160 Burns 8/21/2023
Certificates of recognition for longstanding
Hollister businesses: G&M Auto Repair, Hollister
Paints, and the Cannery
City Clerk Certificate created and sent to
honoree 9/5/2023
161 Burns 9/5/2023
Certificates of recognition for longstanding
Hollister businesses: Dr. Mohammad al-Hassan,
Premier Cinema, and Round Table Pizza
City Clerk Certificate created and sent to
honoree 9/6/2023
162
Burns 9/18/2023
Certificates of recognition for longstanding
Hollister businesses: Ace Hardware, Super
Taqueria, and Greenwood Chevrolet.

City Clerk Certificate created and sent to
honoree 9/30/2023
163 Burns 8/7/2023 Certification of Recogntion for former Planning Commissioner David Huboi City Clerk Certificate created and sent to honoree 9/18/2023
35Page 578 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 164 Casey 8/21/2023
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's inclusion
on a federal watch list and the potential inability
for Councilmember Resendiz to be able to vote
on contracts regarding federal funding
City Attorney Memo Sent to Council 8/31/2023
165 Burns 9/18/2023 Weed abatement for property behind Goodwill store Fire
Disced in April 2023 by owner and
two notices sent for weed
abatement. Referred to Code
Enforcement
9/24/2023
166 Burns 9/5/2023 Replacement of dilleneators on San Benito Street near entrance of downtown Public Works Completed 9/25/2023 167 Resendiz 6/20/2023
Requested information regarding what other
cities are providing for translation services for
public comments and public documents
City Clerk Staff soliciting quotes for meeting
translation services 10/2/2023
168 Burns/Perez 10/2/2023
Certificates of recognition for longstanding
Hollister businesses: Bulldog Boxing, Spudnuts,
Colonial Cleaners, Postal Graphics, and Ken
Lindsay
City Clerk Certificate created and sent to
honoree 10/3/2023
169 Resendiz 6/20/2023 Update on work done on Fremont Way Public Works Memo sent to Council 10/1/2023 170 Burns 6/20/2023 Requested staff study the regulations for A- frames signs
Development
Services
Council will be provided a memo
on the topic 10/10/2023
171 Morales 8/7/2023 Information on creating a formal internship program Human Resources Staff is preparing memo for
council 10/10/2023
172 Burns 10/16/2023
Certificates of recognition for Hollister Collision
Center, Hollister Quality Water, and the Hazel's
Treasures
City Clerk Certificates distributed.10/23/2023
36Page 579 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 173 Resendiz 9/18/2023 Meeting of Downtown Business Ad Hoc Committee City Manager
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
174 Perez 8/7/2023 Update on tree replacement program Public Works Staff is preparing a policy to bring to City Council on 10/16/2023.10/16/2023
175 Morales 8/7/2023 Information on parklets and requested meeting with business community
Development
Services
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
176 Burns 6/5/2023 Hollister Sign Update City Manager Staff preparing update on sign, lights, and bollards 11/15/2023
177 Burns 11/20/2023 Certificates of Recognition for Baskin Robbins, Dr. Paul Percival, Wong's Garden, Nob Hill City Clerk Certificates sent 11/22/2023 178 Morales 10/2/2023 Status report on vacant City Positions Administrative Services (HR)Report sent to Council 12/1/2023
179 Resendiz 11/20/2023 Follow up Re: Dog attacks at Mission Oaks mobile home park Police Report sent to Council 12/1/2023 180 Burns 4/3/2023 Comprehensive training report City Manager Report sent to Council.12/1/2023 181 Burns 12/4/2023
Certificates of Recognition for True Value,
Hollister Super, and Village Market City Clerk Certificates sent 12/5/2023 182 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night.

Development
Services
Dark sky provisions included in
the draft General Plan Update.11/6/2023
37Page 580 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 183 Burns 8/22/2023
Staff to provide information regarding waiver of
the specific plan amendment fee as requested
by Bright Future Recovery
Development
Services
Council directed staff to bring
forward the fee waiver at a future
Council meeting
12/18/2023
184 Burns 11/20/2023 Updates at each Council meeting re: sewer smell in District 2 Public Works Staff providing agenda item on topic at 12/18/23 Council meeting 12/18/2023
185 Burns 11/20/2023 Information Re: nitrate levels in wells on Wright Road Public Works
Wells mentioned at City Council
meeting by a member of the
public do not belong to the City of
Hollister.
1/12/2024
186 Burns 11/20/2023 Update on small business loan to MMM Churros Finance Staff preparing report 1/16/2024 187 Council 10/16/2023 Legal Analysis Re: Taking a position on the landfill expansion City Attorney Staff working with Integrated Waste and City Attorney's Office 1/16/2024
188 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to
add feature to Dunne Park as well
as a master plan for Dunne Park.
2/15/2024
189 Council 1/16/2024 Naming future park, building, etc. after Frank Valenzuela Parks & Recreation
Staff to provide information to
family regarding facility naming
process
2/16/2024
190 Burns 2/5/2024 Look into reports of mailboxes being broken into near Beverly Street Police No visual of mailboxes from cameras 2/15/2024
191 Burns 8/7/2023 Report on how CFD funds are being spent Public Works/Finance Staff preparing report 3/15/2024
192 Burns 8/7/2023 Update on how funds related to maintenance of Sunnyslope Village soundwalls are being spent
Parks and Rec, Admin
Services Staff preparing report 3/15/2024
38Page 581 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 193 Resendiz 3/4/2024 Send letter of opposition to AT&T regarding discontinuance of land lines City Manager Letter of opposition sent to AT&T 3/15/2024 194 Casey 2/20/2024 Amend SNIP Bus Contract to include rabies vaccinations Animal Control Scheduled for 3/18/24 meeting.3/18/2024 195 Morales 12/18/2023
Clarify City's role in addressing incorrect
information being disseminated to the public by
outside organizations including confidential
information from closed session and potential
referral to District Attorney and Attorney
General
City Attorney Memo sent to Council.3/22/2024
196 Resendiz 3/4/2024 Maintenance of bumpers on Sally Street and Central Ave.Public Works
Staff have repaired Sally St traffic
calming elements. Staff are
currently working on Central
Avenue.
3/31/2024
197 Morales 3/18/2024 Confirm City vendors do not have substantial violations on the project registration database Public Works Staff will review prior to issuing contracts 3/22/2024
198 Burns 8/7/2023 Cleaning and regular maintenance of
Downtown sidewalks and around parklets Public Works
HDA is developing a proposal for
services. Business that have a
parklet are required to keep the
area clean around the parklets.
3/20/2024
199 Burns 3/18/2024 Report on the pros and cons of SAFER grants Administrative Services
Staff will provide a memo to
Council 4/10/2024
200 Casey 3/18/2024 Council to sign updated City Council Code of Ethics City Clerk
Staff providing updated Code of
Conduct and acknowledgement
form to Council
4/2/2024
39Page 582 of 583

Completed Update Requests CITY COUNCIL PROJECT LIST 5/3/2024 #Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 201 Morales 11/20/2023 Creation of cards with QR code to direct public to City resources and community resources City Manager
Staff designing cards and
gathering printing quotes.

Working to ensure codes will
work on new website.
3/31/2024
202 Resendiz 4/2/2024 Information regarding waiver of a potential impound fee for the arrested cyclist's bicycle Police
Staff working with City Attorney's
office to prepare an analysis on
potential fee
4/12/2024
40Page 583 of 583