Hollister City Council
September 3, 2024

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, September 3, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Mia Casey, Mayor David Mirrione, City Manager Rick Perez, Council Member, District 1 Mary F. Lerner, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Tim Burns, Council Member, District 4

Gordon Machado, City Treasurer

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

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

The public may watch the meeting via live stream at:

City of Hollister Website
https://pub-hollister.escribemeetings.com/

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

City of Hollister YouTube Channel:

https://www.youtube.com/@cityofhollistercalifornia1489

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

Public Participation:

The public may attend meetings.

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

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

To access written translation during the meeting, please click this link:

Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:

https://attend.wordly.ai/join/NLJC-7137
City of Hollister City Council Meeting

1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.CLOSED SESSION - REPORT OUT

5.SPECIAL ORDERS OF THE DAY

5.1 CHILDHOOD CANCER AWARENESS MONTH PROCLAMATION

5.2 PRESENTATION BY NEW HOPE FOR YOUTH

5.3 PRESENTATION BY COUNCIL OF SAN BENITO COUNTY GOVERNMENTS (SBCOG) REGARDING HIGHWAY 25

6.PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject.

Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

7.CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public. There will be one public comment period for all items on the Consent Agenda.

RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HPOA.

RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and SEIU, Local 521.

7.1 APPROVE AUGUST 20, 2024 MEETING MINUTES
RECOMMENDED ACTION:

Approve August 20, 2024 meeting minutes.

7.2 WARRANT REGISTER SEPTEMBER 3, 2024
RECOMMENDED ACTION:

Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessments funds attached.

RECOMMENDED ACTION:

City of Hollister City Council Meeting

Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessments funds attached.

7.3 CLAIM AGAINST THE CITY- FILED BY CHRISTINE SWANK
RECOMMENDED ACTION:

Deny the claim and authorize staff to send the notice of rejection to the claimant.

7.4 A RESOLUTION APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC. FOR SPACE TO LOCATE EQUIPMENT AND OTHER PROPERTY

AT THE HOLLISTER MUNICIPAL AIRPORT
RECOMMENDED ACTION:

1. Adopt a resolution approving a Ground Lease Agreement with ZeroAvia, Inc. for space to locate equipment and other property at the Hollister Municipal Airport; and

2. Authorize City Manager to execute the Ground Lease Agreement in a form approved by City Attorney.

7.5 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN
ASSOCIATION FOR FY 24/25 FOR THE CALIFORNIA MAINSTREET PROGRAM

IN DOWNTOWN HOLLISTER
RECOMMENDED ACTION:

Adopt a resolution authorizing the Mayor to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 24/25.

7.6 A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $8,600 FOR DIA DE

LOS MUERTOS DOWNTOWN CELEBRATION EVENTS
RECOMMENDED ACTION:

Adopt a resolution authorizing Councilmember Resendiz to use City Council FY 24/25 budgeted discretionary funds in the amount of $8,600 for Dia de los Muertos downtown events.

7.7 A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $11,500 FOR

SECOND HOLLISTER NATIVE GATHERING EVENTS
RECOMMENDED ACTION:

Adopt a resolution authorizing Councilmember Burns and Councilmember Perez to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $11,500 in combined efforts in support of the Second Hollister Native Gathering events.

7.8 A RESOLUTION APPROVING COUNCILMEMBER MORALES TO TRAVEL FOR

THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO, OCTOBER 16-18, 2024, IN LONG BEACH, CA.

RECOMMENDED ACTION:

Adopt a resolution approving travel expenses for Councilmember Morales for the League of California Cities Annual Conference and Expo, Oct.16-18, 2024, in Long Beach, CA.

7.9 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH

THE ADAMS ASHBY GROUP FOR GRANT MANAGEMENT CONSULTING
City of Hollister City Council Meeting

SERVICES AND AUTHORIZE THE CITY MANGER TO EXECUTE THE

AGREEMENT
RECOMMENDED ACTION:

Adopt a resolution approving, and authorizing the City Manager to execute, an Agreement to provide Consulting Services related to the West Gateway Improvement Project and any future Grant applications and awards from the Department of Housing & Community Development (HCD) for Community Development Block Grants (CDBG).

7.10 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONTRACT FOR CPR CLASSES FOR SAN BENITO COUNTY BEHAVIORAL

HEALTH EMPLOYEES
RECOMMENDED ACTION:

Adopt a resolution for the City Manager to execute a contract for CPR Classes for San Benito County Behavioral Health Employees.

7.11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2024 SAN BENITO COUNTY FAIR RECOMMENDED ACTION:

Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 33rd Agricultural Association for the San Benito County Fair.

7.12 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).

RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HPOA.

7.13 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND SERVICE EMPLOYEES
INTERNATIONAL UNION (SEIU), LOCAL 521
RECOMMENDED ACTION:

Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and SEIU, Local 521.

8.PUBLIC HEARINGS

8.1 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING HOLLISTER MUNICIPAL CODE SECTION 9.30 – SHOPPING CART CONTAINMENT RECOMMENDED ACTION:

Introduce an ordinance amending Hollister Municipal Code Chapter 9.30- “Shopping Cart Containment” adding language to align with state law and updating a reference to another state law.

8.2 APPEAL OF PLANNING COMMISSION DENIAL OF SITE & ARCHITECTURAL REVIEW 2022-6 (APPEAL 2024-2)
RECOMMENDED ACTION:

Hold a public hearing to consider Appeal 2024-2 and adopt a resolution upholding the Planning Commission decision to deny Site and Architectural Review 2022-6.

City of Hollister City Council Meeting

9.COUNCIL BUSINESS

9.1 PARS SECTION 115 TRUST – OPEB PREFUNDING AND PENSION RATE

STABILIZATION PROGRAM (PRSP) PRESENTATION
RECOMMENDED ACTION:

Receive presentation and provide staff direction to return to City Council with an agreement with PARS to establish the Pension Rate Stabilization Program.

9.2 SEWER SYSTEM UPDATE
RECOMMENDED ACTION:

Receive informational report.

9.3 UPDATE ON THE DEVELOPMENT OF CESAR CHAVEZ COMMUNITY PARK FUNDED THROUGH PROPOSITION 68 GRANT
RECOMMENDED ACTION:

Accept the report and provide possible direction to staff.

9.4 OROSCO GROUP CANNABIS LICENSE FEE REFUND
RECOMMENDED ACTION:

Deny Orosco Group’s request to grant a $119,872.00 refund for cannabis license fees.

9.5 BEST PRACTICES FOR EFFICIENT MEETINGS
RECOMMENDED ACTION:

Provide input on provisions to be included in a City Council policy on Public Meetings.

10.INFORMATIONAL REPORTS
Reports on compensable meetings attended. Brief reports or announcements concerning activities of members of the City Council and staff; opportunity to refer public or Council questions to staff for information; request staff to report to the Council on a matter at a future meeting; or direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to staff only. No final policy action will be taken by the Council.

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

10.2 COUNCIL REPORTS
Receive informational reports from the City Council

10.3 CITY MANAGER REPORT

1.UPDATED CITY COUNCIL PROJECTS

11.CLOSED SESSION

11.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (4 cases)

11.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code: one case. The threat of litigation is City of Hollister City Council Meeting

from Eduardo Mondragon.

11.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.

San Benito Superior Court Case No. CU-23-00183

11.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Name of Case: Natmar L.P., et al. v. City of Hollister, et al.

San Benito Superior Court Case No. CU-23-00282

12.ADJOURNMENT

13.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of September 3, 2024 was posted on the bulletin board at City Hall on August 30, 2024 per Government Code Section 54954.2.

City of Hollister City Council Meeting

PUBLIC PARTICIPATION NOTICE
The public may attend meetings in person or watch meetings via live stream at:

City of Hollister Website:
http://hollisterca.iqm2.com/Citizens/Default.aspx

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

City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489

City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister

NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)

If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

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

To access written translation during the meeting, please scan the QR Code or click this link | Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
https://attend.wordly.ai/join/NLJC-7137
Choose Language and Click Attend | Seleccione su lenguaje y haga clic en asistir

Use a headset on your phone for audio or read the transcript on your device. | Use sus auriculares para escuchar el audio o leer la transcripción en el dispositivo.

PROCLAMATION

HONORING JACOB’S HEART CHILDREN’S CANCER SUPPORT
SERVICES AND DECLARING SEPTEMBER 2024 AS CHILDHOOD

CANCER AWARENESS MONTH IN THE CITY OF HOLLISTER

WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and
WHEREAS, each year, 19.2 in every 100,000 children in our community will be diagnosed with cancer; and
WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and
WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments:
1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and
WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 26 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of Hollister; and
WHEREAS, it is important for all Hollister City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.

NOW, THEREFORE, I, Mia Casey, Mayor of Hollister, do hereby declare September 2024, as Childhood Cancer Awareness Month in the City of Hollister, and do hereby honor Jacob’s Heart Children’s Cancer Support Services for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 3rd day of September 2024.

______________________________
Mayor’s Name, Mayor
ATTEST:

________________________________
Jennifer Woodworth, City Clerk

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Manager-2024-30

AGENDA ITEM: PRESENTATION BY NEW HOPE FOR YOUTH

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

RECOMMENDED ACTION: Receive report.

DISCUSSION: New Hope for Youth will provide a presentation to City Council of the Pro- Social Programs serving and reaching out to young individuals facing adversity and those at risk, along with their families and the community. The City Council approved discretionary funds in FY 23/24 with Resolution Number 2024-75 to promote and support youth educational programs and activities that promote a healthy, positive, and productive lifestyle.

FISCAL IMPACT: None at this time.

PREVIOUS COUNCIL OR COMMISSION ACTION: Discretionary Funds Resolution No. 2024-75 on May 21, 2024, not to exceed $20,000

CEQA: N/A

ATTACHMENTS:

1. New Hope for Youth – Pro-Social Program

2. Resolution No. 2024-75

New Hope for Youth (NHFY)
Pro-Social Program

New Hope for Youth

OUR MISSION
New Hope for Youth is dedicated to serving and reaching out to young individuals facing adversity and those at risk,along with their families and the community.Our services include educational programs,family care and resources that promote a healthy,positive,and productive lifestyle.

This slideshow focuses on NHFY Pro-Social Programs

Goals of NHFY Pro-Social outings
●Immerse youth in positive experiences w/positive mentors ●Develop social emotional learning and skills
●Develop life skills to positively interact with the community ●Broaden our clients’vision of themselves,their potential,and the world.

Bowling

Deep Sea Fishing

Kayaking in Monterey Bay

Ropes Course

Paintball

Building relationships, breaking
down barriers, influencing the youth
in a positive way, building life skills
and memories while sharing food
and having fun.

That is NHFY’s Pro-Social Program

Highway 25 Update

BINU ABRAHAM
SEPTEMBER 2024

Project Timeline
2000
•SR 25 Safety
Task Force
Established
2009
•SR 25 Safety
Project
Constructed
2016
•SR 25 Route
Adoption
Approved
2018
•Measure G
Voter
Approved
2020
•SB 743/VMT
2021
•CAPTI Shifts
Paradigm for
State Funding
2024
•Kick-off
Environmental
Process

SR 25 Safety Enhancement Project –Constructed 2009 Page 25 of 717

Caltrans vs SBCOG Roles
Role Caltrans SBCOG
Sponsor Agency
Implementing Agency
Owner/Operator (State Highway System)
CEQA/NEPA Lead Agency
Project Development Team
Transit Operator

Caltrans Project Delivery Process
Project
InitiationPlanning Project
Studies
Design
&RW Construct
Right o f W a y
We Are Here

Project Timeline
2000
•SR 25 Safety
Task Force
Established
2009
•SR 25 Safety
Project
Constructed
2016
•SR 25 Route
Adoption
Approved
2018
•Measure G
Voter
Approved
2020
•SB 743 /
VMT
2021
•CAPTI Shifts
Paradigm
for State
Funding
2024
•Kick-off
Environmental
Process

SB 743 / VMT
When?
•Signed into law 2013, CEQA Guidelines
Updated 2018
•Adopted in 2020
Why?
•Promotion of sustainable transportation
options
•Reduction of GHG emissions
•Reducing reliance on personal vehicles

SB 743 / VMT
The new metric
quantifies
transportation impacts
due to driving.

Climate Action Plan for Transportation
Infrastructure (CAPTI)
When?•Adopted in 2021
Why?
•Governor’s Executive Orders
•Reduction of GHG emissions
•To improve climate resiliency, public health
& equity

Climate Action Plan for
Transportation Infrastructure (CAPTI)
Framework for transportation planning, investment, & policy decisions.

Prioritize funding for projects that promote Transit, Walking, Biking & reduce VMT.

State of Funding
Funding available:

Measure G: $242 million
(2018 estimate) over life
of program
Impact fees: Expenditure
Plan states developers to
pay “fair share”
Leveraged Funding:

State Grants
Federal Grants
Shovel ready
projects attract
more state\fed
grant funds

Securing Grant Funding

1. Mitigate Climate Change \Minimize Vehicle Miles
Traveled

2. Create mobility opportunities for underserved,
disadvantaged, marginalized communities

Elements that can address these emphasis areas:

Investments in bus and rail transit service

Elements that can address these emphasis areas:

Solutions that directly improve safety and
reliability

Measure G
Cash Flow
Analysis
Public
Engagement
Environmental
Studies
Funding
Next Steps:

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Human Resources-2024-02

AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).

DEPARTMENT: Human Resources
DEPARTMENT HEAD: Casey Estorga, Administrative Services Director STAFF CONTACT: Casey Estorga, Administrative Services Director

RECOMMENDED ACTION: Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HPOA.

DISCUSSION: The MOU between the City of Hollister and HPOA expired on June 30, 2024. The City and HPOA have met and conferred in good faith over the past several months to discuss proposed changes to the MOU.

As a result, the City and HPOA have agreed to amend the MOU, including an amendment to the term of the MOU, now covering the period of July 1, 2024 – June 30, 2025. A copy of the updated MOU, including strike-through formatting to identify the changes, has been included as an attachment as part of this staff report.

FISCAL IMPACT: Funding for this item has been included in the FY 2024-25 Adopted Budget.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Not a project.

ATTACHMENTS:

1. Resolution

2. Draft HPOA MOU

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM

OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER
AND THE HOLLISTER POLICE OFFICERS ASSOCIATION (HPOA).

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

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

WHEREAS, the agreement was ratified by HPOA members; and

WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2024 – June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and the Hollister Police Officers Association (HPOA) for the term of July 1, 2024 – June 30, 2025, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 3, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HOLLISTER
AND
THE HOLLISTER PEACE OFFICERS ASSOCIATION (H.P.O.A.)

JULY 1, 2024– JUNE 30, 2025

1 Table of Contents

SECTIONS
PAGE
Table of Contents ................................................................................................................... 1 ARTICLE 1. PREAMBLE .......................................................................................................... 4 ARTICLE 2. NO DISCRIMINATION ........................................................................................... 4 ARTICLE 3. RECOGNITION ..................................................................................................... 4 ARTICLE 4. MAINTENANCE OF BENEFITS ............................................................................ 4 ARTICLE 5. SALARY AND SPECIAL COMPENSATION .......................................................... 4 A. Salary Adjustments ...................................................................................................... 5 B. Deferred Compensation Plan....................................................................................... 5 C. Longevity Bonus .......................................................................................................... 5 D. Retirement .................................................................................................................... 6 E. Overtime ........................................................................................................................ 9 F. Call Back Pay ...............................................................................................................10 G. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing ..........10 H. Bilingual Allowance .....................................................................................................10 I. Field Training Officer Assignment .............................................................................. 11 J. Senior Police Officer ................................................................................................... 11 K. Detective Assignment .................................................................................................12 L. Motorcycle Pay ............................................................................................................13 M. Gang Enforcement Training Officer ...........................................................................13 N. Shift Differential ...........................................................................................................14 O. Retention Bonus Program ..........................................................................................14 P. Recruitment and Retention Measures ........................................................................14 ARTICLE 6. INSURANCE ........................................................................................................15 A. CalPERS Medical .........................................................................................................15 B. Health Insurance Options ...........................................................................................16 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan ............................................16 D. Terms for Health Care Participation ...........................................................................17 E. Health Care Contributions ..........................................................................................17 F. Vision Insurance ..........................................................................................................17 G. Dental Insurance .........................................................................................................17 H. Life Insurance ..............................................................................................................18

2 I. Long Term Disability Insurance ..................................................................................18 J. Health Insurance Waiver Option .................................................................................18 K. Optional Health Benefits .............................................................................................18 L. Flexible Spending Accounts (FSA's) ..........................................................................19 M. Voluntary Life Insurance .............................................................................................19 N. Miscellaneous ..............................................................................................................19 ARTICLE 7. EDUCATIONAL INCENTIVE/ PROFESSIONAL DEVELOPMENT INCENTIVES 19 A. Amount of Payments – Sworn ....................................................................................19 B. Professional Development Incentives - Non-Sworn .................................................20 ARTICLE 8. JOB RELATED DISABILTIES AND THE AMERICANS WITH DISABILITIES ACT .................................................................................................................................................21 A. Job Related Disabilities ..............................................................................................21 B. Americans With Disabilities Act .................................................................................22 ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT ........................................22 A. Uniform Allowance ......................................................................................................22 B. Boot Allowance ............................................................................................................22 C. Safety Equipment ........................................................................................................22 ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL ......................................23 A. Definition ......................................................................................................................23 B. Stale Grievance ...........................................................................................................23 C. Informal Discussion with Employee's Supervisor ....................................................23 D. Formal Written Grievance to Employee's Supervisor ...............................................23 E. Grievance to Department Head/City Manager ...........................................................24 F. Waiver of Appeal Steps ...............................................................................................24 G. Advisory Fact Finding of Grievances .........................................................................24 H. Selection of a Fact Finder ...........................................................................................24 I. Duty of a Fact Finder ...................................................................................................24 J. Payment of Costs ........................................................................................................24 K. Effect of Failure of Timely Action ...............................................................................25 ARTICLE 12. LEAVES .............................................................................................................25 A. Bereavement Leave .....................................................................................................25 B. Family Sick Leave - Within Existing Benefit ..............................................................25 ARTICLE 13. LAYOFF..............................................................................................................26 A. Order Of Layoff ............................................................................................................26

3 B. Seniority Determination ..............................................................................................27 C. Re-employment ...........................................................................................................27 ARTICLE 14. MISCELLANEOUS .............................................................................................27 A. Personnel Notices .......................................................................................................27 B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program .28 C. Vacation Accrual And Vacation Allowance ................................................................29 D. CalPERS Credit For Unused Sick Leave ....................................................................29 E. Sick Leave Conversion To Cash .................................................................................30 F. Probationary Period ....................................................................................................30 G. Separation in Good-Standing .....................................................................................31 H. Recruitment Incentives for Sworn Personnel ............................................................31 I. Work Schedules...........................................................................................................31 J. Police Funeral Attendance ..........................................................................................32 K. New Employee Orientation .........................................................................................32 L. Automatic Payroll Deposit ..........................................................................................32 ARTICLE 15. MAINTENANCE OF OPERATIONS ...................................................................32 ARTICLE 16. PREVAILING M.O.U. ..........................................................................................32 ARTICLE 17. HOLIDAYS AND HOLIDAY PAY .........................................................................33 ARTICLE 18. DRUG FREE WORKPLACE POLICY ................................................................33 ARTICLE 19. SAVINGS CLAUSE ............................................................................................33 ARTICLE 20. UNION BUSINESS .............................................................................................34 ARTICLE 21. TERM .................................................................................................................34

4 EXHIBITS

Exhibit A Revised Police Department Performance Evaluations Attachment

ARTICLE 1. PREAMBLE

This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as City, and the Hollister Peace Officers Association, hereinafter referred to as Association.

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

ARTICLE 2. NO DISCRIMINATION

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

ARTICLE 3. RECOGNITION

Pursuant to Section 3500-3510 of the Government Code, the City certifies the Association as the recognized employee organization for a unit including the sworn classifications of Police Officer, , Police Sergeant, Police Lieutenant, and the non-sworn classifications of Animal Control Officer, Animal Control Officer Assistant, Animal Control Supervisor, Police Officer Trainee, Community Services Officer, Police Services Officer, Multi-Services Officer, and Police Services Supervisor.

ARTICLE 4. MAINTENANCE OF BENEFITS

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

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

ARTICLE 5. SALARY AND SPECIAL COMPENSATION

5 A. Salary Adjustments

1. Compensation Adjustments Sworn Unit Classifications

Effective the first full pay period after signing of this agreement, all unit members shall receive a three percent (3.00%) increase to their base salary.

2. Supervisor Salary Separation

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

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

3. Compensation Study

City agrees to hire a third-party consultant to conduct a compensation survey for the Animal Control Officer and Animal Control Officer Supervisor job classifications. City agrees to share the final draft of the compensation study with HPOA and to engage in the meet and confer process to discuss the findings of the report. City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than November 2024.

City and HPOA agree to meet and confer regarding the Compensation Study before the work is initiated, including a discussion about comparable agencies and the data to be studied. The City and HPOA agree that the placement of Animal Control Officers on standby shall be studied and discussed as part of this process. Any changes to compensation, standby status, or other terms and conditions of employment as a result of this study and discussion will occur only by mutual agreement.

B. Deferred Compensation Plan

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

C. Longevity Bonus

1. Non-Sworn Employees

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

Number of Consecutive Years Longevity Bonus
5-9 years Three percent (3%) of base salary
10-14 years Six percent (6%) of base salary

6 15-19 years Nine percent (9%) of base salary
20 or more years Twelve percent (12%) of base salary

2. Sworn Employees

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

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

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

D. Standby Assignment

The City reserves the right to assign employees in sworn classifications to standby (on-call) status during non-work hours, including weeknights, weekends, and holidays. Employees assigned to standby are required to be available for immediate return to work upon notification by a supervisor or a Police Department Communications Dispatcher.

When assigned to standby, the following conditions will apply:
a. The employee shall be available at all hours by telephone or pager. b. The employee shall be able to respond to work in a reasonable amount of time. c. The employee shall refrain from activities which would impair the ability to respond to emergency situations. Impairment shall be defined by Police Department administrative policies, including pertinent Lexipol policies Standby assignments shall be scheduled as far in advance as possible and the City will attempt to evenly distribute the standby assignments to the extent possible. The parties understand, however, that adjustments to standby assignments may be necessary due to illness, staffing levels, or other needs of the department. The meet and confer process shall be utilized prior to any changes to the standby procedures or policies.

Employees assigned to standby assignment shall receive one hour of compensation, paid at one and one half (1 ½) their regular rate of pay, for each day so assigned.

Any employee in a sworn classification who is assigned to standby (on-call) duty and that fails to report when called to respond shall not be eligible for the Standby Assignment pay

7 differential and shall also be subject to the progressive discipline process as outlined in the HPOA MOU and/or City policy.

The City will make reasonable efforts to accommodate unpredictable events outside of the employee’s control in the event an employee fails to fully perform standby and/or call-back duties.

E. Retirement

1. Sworn Unit Contributions

Tier 1

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

Tier 2

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

Tier 3

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

2. Non-Sworn Unit Contributions

Tier 1

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

Tier 2

b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee

8 Contribution Rate, all unit employees under the Miscellaneous CalPERS “2% @ age 60” Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees’ contribution.

Tier 3

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

3. 1959 Survivor's Death Benefit

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

4. One Year Final Compensation Benefit

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

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

5. Modifications

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

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

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

The purpose of the Trust is to provide retiree health expense reimbursement benefits. The Trust shall be and remain separate and apart from any City health insurance funding program, unless changed by mutual agreement of the parties to this MOU. Further, the City hereby acknowledges receipt of the Trust Agreement governing the PORAC Retiree Medical Trust.

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

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

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

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

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

F. Overtime

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

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

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

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

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

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

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

G. Call Back Pay

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

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

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

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

I. Bilingual Allowance

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

Level I – Oral Translation

For employees who demonstrate the ability to communicate effectively by way of successfully passing the oral proficiency test, shall receive an allowance of two hundred twenty-five dollars ($225.00) per month. Employees who become eligible for Level 1 will be required to serve as an oral translator on a regular and on-going basis, per the City’s needs.

Level II – Written translation

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

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

Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, information brochures, inserts in City utility

11 billings, social media, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.

J. Field Training Officer Assignment

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

K. Senior Police Officer

tThe Chief of Police, at his/her own discretion, shall designate police officers/detectives as Senior Police Officer. To be eligible, officers/detectives must:

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

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

3. Be recommended by Supervisors and Command Staff.

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

OFFICERS

1. No "Below Standards" ratings, and;

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

a. Section I "Enforcement and Service Delivery," with at least one (1) “Above Standards” or above in either Subsection E (problem solving) or Subsection F (activity and service level);

b. Section II "Report Writing";

c. Section VI "Public Relations and Customer Service"; and

d. Section VII "Work Habits".

DETECTIVES

1. No “Below Standards” ratings, and;

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

12 a. Section I “Investigations”, with at least one (1) “Above Standards” or above in either Subsection D (accomplish your share of the work) or Subsection G (assist in handling the workload of the unit);

b. Section II “Case Reports/Written Work”;

c. Section VI “Public Relations and Customer Service”; and

d. Section VII “Work Habits”.

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

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

Employees assigned in the capacity of Senior Police Officer shall receive premium pay in the amount of five percent (5.00%) of base salary per month.

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

Employees with a Master Police Officer designation, as described in the section below, may be assigned to serve as a Senior Police Officer. However, employees shall only receive one pay differential – either as a Master Police Officer or as a Senior Police Officer, not both.

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

L. Master Police Officer

Effective the first full pay period after ratification of this MOU, the Master Officer Program shall be introduced.

To be eligible for initial designation as Master Police Officer, Police Officers must:
a. Not be on probation or Special Evaluation
b. Have a minimum of five (5) years’ experience as a full-time Police Officer with the Hollister Police Department.
c. Have no “Below Standards” rating n their most recent evaluation. d. Have successfully completed one special assignment.
i. Special assignments that qualify for Master Police Officer designation include:

1. Detective

2. Mental Health Officer

3. Motor Officer

4. Canine Officer

5. School Resource Officer

13 6. Any other regularly assigned specialty assignment as determined by the Chief of Police.
ii. A special assignment will be considered successfully completed after service in that assignment for at least two 12-month periods with no “Below Standards” evaluation ratings. The 12-month periods need not be consecutive.
e. Have obtained POST certification as a Field Training Officer and served in that capacity with a trainee for at least 20 weeks.
i. If an employee is unable to serve as a Filed Training Officer solely due to a lack of hiring or other staffing reasons, the Chief of Police may assign other training-related duties (i.e. briefing trainings, in-service training) or other projects to satisfy the requirement to actually work as a Field Training Officer.

Master Police Officers will be expected to provide mentoring to new and current employees, serve as Field Training Officers.

Master Police Officers assigned as Detectives shall receive special compensation in the amount of two percent (2.00%) of base salary. Master Police Officers not currently assigned as Detectives shall receive special compensation in the amount of five percent (5.00%) of base salary.

M. Detective Assignment

The Chief of Police may appoint Police Officers and Sergeants to assignment as Detective.

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

N. Motorcycle Pay

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

Employees assigned to motorcycle duty shall receive an annual stipend of $2,500 to cover all compensation associated with the time spent in an off-duty capacity for the routine daily storage and cleaning needs of their assigned vehicle and related equipment. The City shall remain responsible for the routine service (i.e. oil changes, etc.) and necessary repairs needed for all assigned vehicles. This payment shall be made the first full pay period after a member is assigned to motorcycle duty and annually thereafter.

Employees currently assigned to motorcycle duty shall receive a $2,500 stipend upon ratification of this MOU and annually thereafter.

The $2,500 stipend shall be considered full compensation for all overtime associated with the routine daily storage and cleaning needs of the City assigned vehicle.

O. Gang Enforcement Training Officer

14 The Chief of Police may appoint an officer to the assignment of Gang Enforcement Training Officer. An individual assigned by the Chief of Police shall serve in the assignment at the pleasure of the Chief of Police and shall not gain any property interest in the assignment.

Those assigned as a Gang Enforcement Training Officer shall be paid a premium pay of one point forty-four percent (1.44%) of base salary per month while so assigned.

P. Shift Differential

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

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

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

Q. Retention Bonus Program

The City agrees to implement a retention bonus program that will prepay a five percent (5%) annual bonus to the Sworn members of the Association on the last pay period of December.

If an Association Member leaves within the year after receiving the bonus, that Member must reimburse the City a prorated share of that annual bonus.

R. Recruitment and Retention Measures

1. Recruitment Bonus

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

15 Upon Completion of Probation (18 months) $5,000.00
Upon Completion of 1 Year After Probation Status Ends $10,000.00 Upon Completion of 2 Years After Probation Status Ends $10,000.00

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

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

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

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

3. These measures would not be retroactive.

ARTICLE 6. INSURANCE

A. CalPERS Medical

1. Retiree Insurance Benefit

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

2. Description

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

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

16 B. Health Insurance Options

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

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

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

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

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

A. Beginning August 2024, the City will contribute the amount shown below for the months remaining in Plan Year 2024:

COVERAGE CITY CONTRIBUTION
Employee Only $1,220.85
Employee Plus One $2,441.69
Employee Plus Family $3,174.21

B. For Plan Year 2025 the City will increase its monthly contribution by the actual increase in the PERS Platinum plan up to a maximum of 10%.

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

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

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

a. Union Employees’ Flexible Spending Account.

b. Roth Individual Retirement Account (IRA).

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

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

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

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

D. Terms for Health Care Participation

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

E. Health Care Contributions

1. Employee-only Premium

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

2. Employee Option for Dependent Coverage

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

F. Vision Insurance

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

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

G. Dental Insurance

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

18 H. Life Insurance

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

I. Long Term Disability Insurance

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

J. Health Insurance Waiver Option

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

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

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

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

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

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

K. Optional Health Benefits

Employees that have elected to participate in a City offered medical plan can also elect to participate in the optional benefits. If the employee has any surplus flex credits after making

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

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

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

L. Flexible Spending Accounts (FSA's)

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

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

M. Voluntary Life Insurance

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

N. Miscellaneous

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

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

ARTICLE 7. POST CERTIFICATES / EDUCATIONAL INCENTIVE/

PROFESSIONAL DEVELOPMENT INCENTIVES

A. POST Certificates – Sworn

20 1. Acknowledging the merits of POST Certifications, the City agrees to pay the following amounts in addition to base pay for unit members permanently filling the classification of Police Officer:

a. Intermediate P.O.S.T. Certificate - Three percent (3%) of base salary per month, or

b. Advanced P.O.S.T. Certificate - Six percent (6%) of base salary per month.

2. The City agrees to pay the following amounts in the addition to base pay for unit members permanently filling the classifications of Police Sergeant and Police Lieutenant:

a. Advanced P.O.S.T. Certificate – Six percent (6%) of base salary per month, or

b. Supervisory P.O.S.T. Certificate – Seven percent (7%) of base salary per month.

3. Commencement of Payments

POST Certificate payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee's responsibility to provide these documents to Human Resources in a timely manner.

4. Eligibility

Employees can only receive POST Certificate pay when the minimum requirements of their job does not include they posses a certain POST Certificate. (Example: If a minimum requirement of a job includes possession of a POST Intermediate Certificate, that employee would not be eligible to receive a pay differential for meeting minimum qualifications of the job.)

B. Education Pay – All Unit Employees

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

a. BA or BS Degree – Two and one-half percent (2.5%) of base pay.

2. Commencement of Payments

Educational incentive payments shall commence the pay period following submission of proof of completion to Human Resources. It is the employee’s responsibility to provide these documents to Human Resources in a timely manner.

C. Professional Development Incentives - Non-Sworn

1. Non-sworn employees shall be eligible to receive a one-time incentive for obtaining certificates provided the employee has completed his/her probationary period. A

21 Professional Development Incentive shall not be awarded if the certifications are a minimum requirement for the position.

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

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

A maximum of two (2) incentives per calendar year can be received by an employee.

a. Professional Certificates - $2,500 Lump Sum:

Certified Public Accountant
Paralegal Certificate

b. Technical Certificates* - $2,000 Lump Sum:

Microsoft Office User Specialist (MOUS)
Evidence Technician Certification
Certified Code Enforcement Officer

c. Vocational Certificates* - $20.00 per hour, Lump Sum:
{Paid by average length of time required to complete course. Lump sum payment to be a minimum of $160.00 [eight (8) hours].}

Spreadsheet - Microsoft Excel
Word Processing - Microsoft WORD
Database - Microsoft Access
Presentation Graphics - Microsoft PowerPoint California POST Certified courses LEAWEB Online Tutorials
CA Association of Code Enforcement Officer Courses
* Additional courses/classes may be approved by the Chief of Police.

2. Professional Development Incentive payments shall commence on the next pay period following the issuance of the Degree and/or certification after submission to the Chief of Police.

ARTICLE 8. JOB RELATED DISABILTIES AND THE AMERICANS WITH

DISABILITIES ACT

A. Job Related Disabilities

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

22 B. Americans With Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Association of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.

ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT

A. Uniform Allowance

The City agrees to provide new hires attending the Academy all necessary uniforms. For all other new hires, the City agrees to provide two sets of uniforms upon hiring. If a unit member chooses to acquire any uniform items above this amount, that unit member shall pay out-of-pocket for those costs at no expense to the City.

The City also agrees to contribute forty-five dollars ($45.00) per pay period, for each unit member, to cover all ongoing uniform costs.

Unit members shall use this uniform allowance to regularly maintain and/or replace their uniforms as needed. Unit members are responsible for maintaining and replacing uniforms to meet the standards of the Police Chief.

B. Boot Allowance

The City agrees to provide each employee in the unit with an annual reimbursement up to three hundred dollars ($300.00) per year upon presentation of satisfactory proof-of- purchase. Reimbursement will be made upon presentation of satisfactory proof-of-purchase for boots or over-the-counter or prescription orthotics which are approved and authorized by City management. Used boots that were purchased in the prior four years are the property of the City and shall be returned to the City. Used boots that were purchased four or more years prior may be retained by the employee upon replacement.

Employees may use all or a portion of the boot allowance for necessary repairs of existing boots, including insole or outsole replacement, recrafting, or other repair services. In no case shall the boot allowance for repairs and / or purchases exceed three hundred dollars ($300.00) per year.

C. Safety Equipment

23 The City agrees to continue to provide all necessary protective clothing and safety equipment for members in this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment. Personal protective vests will be replaced at City cost as per manufacturer's recommendations or repaired at City's option.

ARTICLE 10. GRIEVANCE PROCEDURES: SWORN PERSONNEL

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

A. Definition

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

B. Stale Grievance

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

C. Informal Discussion with Employee's Supervisor

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

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the Department Head and subsequent steps will be followed as outlined in this Section.) The formal written grievance shall specify the provisions of this M.O.U. alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.

24 E. Grievance to Department Head/City Manager

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

F. Waiver of Appeal Steps

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

G. Advisory Fact Finding of Grievances

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

H. Selection of a Fact Finder

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

I. Duty of a Fact Finder

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

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

J. Payment of Costs

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

25 grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.

K. Effect of Failure of Timely Action

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

L. Continued Discussions

The Parties agree to continue discussions regarding the Grievance Procedure. Any changes to the current procedure will occur by mutual agreement only.

ARTICLE 12. LEAVES

The City shall continue the current sick leave and bereavement leave rules as defined in this Article for the term of this M.O.U.

A. Bereavement Leave

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

Wives/Husbands Grandparent(s)
Grandparent(s)-in-law Children
Grandchildren Legal guardians
Fathers Mothers-in-law
Aunts Mothers
Fathers-in-law Uncles
Brothers Sisters-in-law
Nieces Sisters
Brothers-in-law Nephews

B. Family Sick Leave - Within Existing Benefit

An employee may be granted up to a total of forty (40) hours of sick leave in a twelve (12) month period for the purpose of caring for a spouse, parent, or children as defined below.

The City Manager can make exceptions to the below upon request of an individual. This exception by the City Manager can include domestic partners.

1. Spouse means a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.

26 2. Parent means a biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a son or daughter as defined in (3.) below. This term does not include parents "in law".

3. Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “Incapable of Self-Care because of a Mental or Physical Disability.”

a. “Incapable of Self-Care” means that the individual requires active assistance or supervision to provide daily self-care in three (3) or more of the "activities of daily living"' (ADLs) or "instrumental activities of daily living" (IADLs). Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

b. “Physical or Mental Disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Regulations at 29 CFR Sec. 1630.2(h), (i), and (j), issued by the Equal Employment Opportunity Commission under the Americans With Disabilities Act (ADA), 42 U.S.C. 12101 et seq., define these terms.

c. Persons who are "In Loco Parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.

d. For purposes of confirmation of family relationship, the employer may require the employee giving notice of the need for leave to provide reasonable documentation or statement of family relationship. This documentation may take the form of a simple statement from the employee, or a child's birth certificate, a court document, etc. The employer is entitled to examine documentation such as a birth certificate, etc., but the employee is entitled to the return of the official document submitted for this purpose.

ARTICLE 13. LAYOFF

The City shall have the sole right to determine which class(es) shall be subject to layoff.

A. Order Of Layoff

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

a. Provisional or Temporary Employees

b. Part-time Employees

c. Probationary Employees

27 d. Permanent Employees

2. Within each of the first three (3) categories, the order of lay-off shall be at the discretion of the Appointing Authority. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first. Among employees with equal seniority, the order of layoff shall be determined by the Appointing Authority.

B. Seniority Determination

1. Each employee shall receive one (1) point per full month of service in the classification the employee is working at the time a layoff is being imposed. In addition, the employee shall receive one-half (1/2) of a point per full month of service in any other unit classification, which the employee has worked and one-quarter (1/4) of a point per full month of current services in any non-bargaining unit classification. The total of such points shall determine the employee's seniority.

2. Employees subject to layoff may first displace employees of lower seniority in any comparable classification, as determined by the City Manager. As a second alternative to layoff, employees subject to layoff may take a voluntary demotion to any lower classification within the same division of the unit in which the employee had prior permanent status, provided a vacancy exists, or the demoted employee has higher seniority than an employee working in that classification. As a third alternative to layoff, an employee subject to layoff may take voluntary demotion to a vacant position in a lower classification provided the employee can, through a non-competitive examination, establish proof to the satisfaction of the appointing authority that he/she is capable of performing the job.

3. In the event the demoted employee in all the above alternatives has equal seniority with the least senior employee working in the lower classification, the employee to be laid off shall be determined by total seniority with the unit. If such unit seniority is also equal, the employee to be laid off shall be determined by the appointing authority.

C. Re-employment

Employees laid off or demoted in lieu of layoff shall have a priority right of return to their prior class or to any lower class in the same or comparable classification series. This right shall remain effective for two (2) years from the date of demotion or separation from the service.

The only exception being that any individuals that have been separated from the City will have to meet the current medical and background requirements.

ARTICLE 14. MISCELLANEOUS

A. Personnel Notices

Police Department management shall notice all officers of any intra departmental promotional possibilities and exams thereto at least thirty (30) days in advance of any exam or record review leading to such promotion.

28 B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program

“Tuition Aid” is defined as a full or partial payment or reimbursement of registration fees and the minimum requirement of tests for specialized individual academic training which is related to the employee's current job or which prepares an employee for a promotional opportunity within City service. Texts purchased for training by the City will become the City's property upon completion of the training. The individual will have the option of purchasing the texts from the City.

1. Tuition aid for specialized training shall be made to the employee only upon evidence of completion of the training. In those instances, where it is desirable because of the nature of the training to advance tuition aid, a Department Head may request payment of tuition aid prior to the training.

2. Tuition aid for academic training shall be made to the employee only upon evidence of satisfactory completion of the training. Satisfactory completion will be considered a grade of “C” or better, or a grade of pass in a pass/fail grading system.

3. The following procedure shall apply for obtaining tuition aid.

a. Employees who desire tuition aid for specialized individual training or academic training shall submit their requests to their department head.

b. Requests will be reviewed by the Department Head and forwarded with recommendation to the Human Resources Officer for authorization. Requests for aid and costs shall be processed within the administrative section of the department's budget. Prior authorization of the Human Resources Officer must be obtained before the training starts in order for the employee to qualify for the tuition aid. Employees will be required to pay the tuition costs themselves, prior to the course, but will be reimbursed if the course is authorized and successfully completed as provided for herein. When the training is completed, evidence of satisfactory completion of the training must be submitted to the Human Resources Officer for the purpose of obtaining reimbursement.

c. An employee being subsidized by another agency, either governmental or private, shall receive tuition aid only to the extent not reimbursed by such other agency.

4. The City will pay a maximum of Three Thousand Five Hundred Dollars ($3,500.00) per fiscal year to any eligible unit member that meets the above listed criteria for tuition aid.

5. A Tuition Reimbursement Advancement Program would allow police personnel who are in good standing, have completed their probationary period and has received approval form their supervisor to have amounts in excess of the Three Thousand Five Hundred Dollars $3,500 in one year.

The program would require the employee to enter into an employment contract with the city. The contract would specify how many years of advancement would be provided to the employee and the prorated amount of years the employee must stay employed. If the employee leaves employment for any reason, that employee would be required to refund the remaining amount of the prorated funds.

29 Example: an employee has tuition and book cost of (Seven Thousand Dollars) $7,000.00 to finish his/her Bachelor’s degree. The employee enters into a contract and the fund are paid in advance to the employee or school. However, (Seven Thousand Dollars) $7,000.00 is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer leaves employment after one year, that individual would be required to reimburse the city for the last year of tuition reimbursement that had been advanced.

C. Vacation Accrual And Vacation Allowance

1. The City agrees to provide vacation leave accrual for each represented unit member as follows:

Years of Service Annual Vacation
Accrual
1st through completion of 3rd 12 Days
4th through completion of 7th 17 Days
8th through completion of 15th 22 Days
16th through completion of 20th 24 Days
beginning of 21st Year 27 Days

2. Upon prior written approval by the City Manager, vacation accrual beyond two hundred eighty (280) hours may occur.

3. Unit Members may cash out vacation leave hours in increments of ten (10) hours as long as it has been budgeted and must have the City Manager’s Approval. Compensation for vacation leave cashed out will be made at the employee’s rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance.

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

4. Effective upon the signing of this Agreement, for recruiting purposes only, based upon a new employee’s previous years of service as a Peace Officer with the Agency they just left, the new employee may receive, at the time of hire, a vacation accrual rate higher than the City’s beginning accrual rate of six point six-seven (6.67) hours per month, or three point zero eight (3.08) hours per pay period. The higher accrual rate will be in accordance with the City’s current Annual Vacation Accrual Schedule.

D. CalPERS Credit For Unused Sick Leave

The City shall continue to provide the CalPERS Section 20965 “Credit For Unused Sick Leave” benefit for Police - Safety members as recognized by PERS, for the term of this agreement.

30 E. Sick Leave Conversion To Cash

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

1. Employees of this unit may not "cash out" or be compensated for any of the first two hundred forty (240) hours of sick leave accrued.

2. Any current employee of this unit having completed ten (10) years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for fifty percent (50%) of accrued, unused sick leave in excess of two hundred forty (240) hours at the employee's hourly rate of pay at the time of retirement from City service.

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

Any current employee of this unit having completed ten (10) years of continuous service with the City and having an unused sick leave accrual balance exceeding five hundred (500) hours may, at their option, "cash out" up to a maximum of ninety-six (96) hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than five hundred (500) hours.

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

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

F. Probationary Period

1. All new sworn-unit members that are hired after the adoption of this M.O.U. will serve an eighteen (18) month probationary period, which will include the time spent at the Police Academy.

2. All members who leave the City's employment and return to the City within one (1) year (364 calendar days) will be placed on a three (3) month probationary period as long as the employee:

a. Left the City of Hollister in good standing; and

b. Achieved at least “satisfactory” on their last evaluation with the City of Hollister.

31 G. Separation in Good-Standing

A sworn employee who separates in good-standing from the City of Hollister Police Department, and within one (1) year submits an application to the City, will not be required to submit to an oral board as part of the application process. However, the applicant will remain subject to P.O.S.T. regulations.

H. Recruitment Incentives for Sworn Personnel

The following are recruitment incentives for Sworn Personnel:

1. New sworn employees will receive an advance of forty (40) hours of sick leave effective the date of employment. Accrual of future sick leave will begin six (6) months from the date of hire.

2. A One Thousand Dollars ($1,000) moving allowance will be provided to new employees who, when hired, lived one hundred (100) miles or more from the Hollister City Limits and who, upon successfully completing probation, have moved and are current residents of San Benito County. Employees who qualify must provide written proof of their primary residency within San Benito County.

I. Work Schedules

1. Non-Sworn Unit Classifications

a. Flexible Work Schedules:

Non-sworn members may work flexible work schedules (i.e., 4/10, 9/80) when feasible. It is agreed that implementation of flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness. A change to a flexible work schedule must be approved by the member's supervisor and the Chief of Police.

b. Temporary Flexible Schedule:

Non-sworn members may request to temporarily flex their normal work schedule or workday (i.e., an earlier start to and/or end of the workday, doctor appointments, child care needs, etc.) with the approval of their supervisor.

2. Sworn Unit Classifications

a. Three, Four Twelve (3/12, 4/12) work schedule
The work schedule for sworn personnel assigned to the “day or “night” shift shall be three 12 hour shifts one week of the pay period, and four 12 hour shifts the other week of the pay period.

b. Four-Ten (4/10) Work Schedule

32 The work schedule for personnel assigned to specialty positions shall be the Four Ten (4/10) schedule.

J. Police Funeral Attendance

Any Member of the Association may attend a formal police funeral in an on-duty status within a two hundred fifty (250) mile radius of the City of Hollister. This means that the Member may attend in uniform and travel in an official vehicle.

The Police Chief or City Manager may authorize attendance at a formal police funeral exceeding these parameters on a case-by-case basis.

K. New Employee Orientation

During New Employee Orientation, the bargaining unit will be allowed a total of thirty (30) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.

L. Automatic Payroll Deposit

All new unit members of the bargaining unit shall enroll in the automatic payroll deposit program at the time of their employment with the City or at the time of promotion to this unit.

ARTICLE 15. MAINTENANCE OF OPERATIONS

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

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

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

ARTICLE 16. PREVAILING M.O.U.

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

33 ARTICLE 17. HOLIDAYS AND HOLIDAY PAY

1. Sworn Unit Classifications

Compensation equal to seventeen days (136.00 hours) shall be made to sworn personnel in semi-annual payments payable on the first pay day which follows June 1st and December 1st of each year. Sworn personnel may elect to have a portion or all of these hours credited to their compensatory time balance in lieu of payment.

2. Non-Sworn Unit Classifications

Non-sworn personnel shall have the same holiday schedule as employees in the miscellaneous employees bargaining unit.

a. Holiday Schedule

The City provides the following paid holidays:

New Year’s Day January 1
Martin Luther King, Jr. Third Monday in January
President’s Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day after Thanksgiving
Christmas Eve – Half Day December 24
Christmas Day December 25

If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

Every non-sworn employee is also entitled to six (6) floating holidays per Fiscal Year.

ARTICLE 18. DRUG FREE WORKPLACE POLICY

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

ARTICLE 19. SAVINGS CLAUSE

If any Article or Section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other Articles

34 and Sections of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any Article or Section, the City and the Association agree to meet within thirty (30) days for the purpose of meeting and conferring upon said Article or Section.

ARTICLE 20. UNION BUSINESS

Up to five (5) elected representatives of the Association shall be granted a maximum of three (3) days leave each during the fiscal year based upon need without loss of pay for Union Business to include but not be limited to attendance at conventions, conferences, and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules.

ARTICLE 21. TERM

The term of this Memorandum of Understanding shall commence on July 1, 2024 and shall expire on June 30, 2025, unless otherwise agreed to by both parties. The signatures to this agreement may be executed in counterparts.

On August 16, 2024, a Tentative Agreement (TA) to the above MOU is hereby signed by:

Joe Higby - HPOA Casey Estorga - City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Human Resources-2024-03

AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 521

DEPARTMENT: Human Resources
DEPARTMENT HEAD: Casey Estorga, Administrative Services Director STAFF CONTACT: Casey Estorga, Administrative Services Director

RECOMMENDED ACTION: Adopt a resolution approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and SEIU, Local 521.

DISCUSSION: The MOU between the City of Hollister and SEIU expired on June 30, 2024. The City and SEIU have met and conferred in good faith over the past several months to discuss proposed changes to the MOU.

As a result, the City and SEIU have agreed to amend the MOU, including an amendment to the term of the MOU, now covering the period of July 1, 2024 – June 30, 2025. A copy of the updated MOU, including strike-through formatting to identify the changes, has been included as an attachment as part of this staff report.

FISCAL IMPACT: Funding for this item has been included in the FY 2024-25 Adopted Budget.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: Not a project.

ATTACHMENTS:

1. Resolution

2. Draft SEIU MOU

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM

OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER

AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 521

WHEREAS, representatives of the City of Hollister and the Service Employees International Union (SEIU), Local 521, an organization representing City of Hollister employees, have met and conferred in good faith concerning subjects of bargaining; and

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

WHEREAS, the agreement was ratified by SEIU members; and

WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2024 – June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and Service Employees International Union (SEIU), Local 521 for the term of July 1, 2024 – June 30, 2025, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

Resolution No. 2024-XX

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 3, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HOLLISTER
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 521

JULY 1, 2024 – JUNE 30, 2025
JULY 1, 2023 – JUNE 30, 2024

1 Table of Contents

SECTION
PAGE
ARTICLE 1. PREAMBLE ....................................................................................................... 565 ARTICLE 2. NO DISCRIMINATION ........................................................................................ 565 ARTICLE 3. RECOGNITION .................................................................................................. 565 ARTICLE 4. NO ABROGATION OF RIGHTS ......................................................................... 565 ARTICLE 5. MAINTENANCE OF BENEFITS ......................................................................... 565 ARTICLE 6. SALARY AND SPECIAL COMPENSATION ....................................................... 676 A. Salary Adjustment ..................................................................................................... 676 B. Retirement ................................................................................................................. 676 C. Bilingual Allowance ................................................................................................... 787 D. Compensatory Time .................................................................................................. 898 E. Overtime and Holiday Pay ...................................................................................... 9109 F. 24-Hour Hazardous Materials (Hazmat) Certification Premium Pay ..................... 9109 G. Heavy Equipment Operation Premium ................................................................. 911 10 H. License Certification ........................................................................................... 1011 10 I. Longevity Pay ...................................................................................................... 1011 10 J. Standby Pay ......................................................................................................... 101210 K. Uniform Allowance .............................................................................................. 11 1211 L. Cell Phone Allowance ......................................................................................... 11 1211 M. Cross-Connection Specialist Certification ............................................................ 11 12 N. Notary Public Commission Pay .......................................................................... 11 1312 O. Homeless Encampment Cleanup Assignment .................................................. 121312 ARTICLE 7. INSURANCE ................................................................................................ 121312 A. Description........................................................................................................... 121312 B. Health Insurance Options ................................................................................... 121312 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan .................................... 121312 D. Terms for Health Care Participation ................................................................... 131514 E. Health Care Contributions .................................................................................. 131514 F. Vision Insurance .................................................................................................. 141514

2 G. Dental Insurance ................................................................................................. 141514 H. Life Insurance .......................................................................................................... 1415 I. Long Term Disability Insurance .......................................................................... 141615 J. Health Insurance Waiver Option ......................................................................... 141615 K. Optional Health Benefits ......................................................................................... 1516 L. Flexible Spending Accounts (FSA's) .................................................................. 161716 M. Voluntary Life Insurance ..................................................................................... 161716 In-Lieu Payout ..................................................................................................... 161716 N. Cost-Savings ....................................................................................................... 171817 ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT ......................................................................................................................................... 171817 A. Job Related Disabilities ...................................................................................... 171817 B. Americans with Disabilities Act .......................................................................... 171817 ARTICLE 9. SAFETY COMPLIANCE AND EQUIPMENT ................................................ 171918 A. Safety Compliance .............................................................................................. 181918 B. Safety Boot Allowance ........................................................................................ 181918 C. CPR Training ............................................................................................................ 1819 D. Public Works Safety Equipment ......................................................................... 192019 ARTICLE 10. GRIEVANCE PROCEDURE ........................................................................... 1920 A. Definition .................................................................................................................. 1920 B. Stale Grievance ....................................................................................................... 1920 C. Informal Discussion with Employee's Supervisor ............................................ 202120 D. Formal Written Grievance to Employee's Supervisor ....................................... 202120 E. Grievance to Department Head/City Manager ....................................................... 2021 F. Waiver of Appeal Steps ........................................................................................... 2021 G. Advisory Fact Finding of Grievances ..................................................................... 2021 H. Selection of a Fact Finder ................................................................................... 212221 I. Duty of Fact Finder .............................................................................................. 212221 J. Payment of Costs .................................................................................................... 2122 K. Effect of Failure of Timely Action ........................................................................... 2122 ARTICLE 11. UNION SECURITY ......................................................................................... 2122 A. Union Dues Check-Off Deductions ........................................................................ 2122

3 B. Maintenance Of Membership .................................................................................. 2223 C. Union Indemnification, Hold Harmless, and Defense ....................................... 222423 ARTICLE 12. MISCELLANEOUS ..................................................................................... 232423 A. Deferred Compensation Plan.............................................................................. 232423 B. Tool Replacement Allowance.................................................................................. 2324 C. Working Out of Classification Assignment ............................................................ 2324 D. Sick Leave Conversion To Cash ......................................................................... 232524 E. Vacation Leave ........................................................................................................ 2425 F. Flexible Work Schedule ...................................................................................... 252625 G. Union Representatives Time Off ............................................................................ 2526 H. Advance Notice ................................................................................................... 252726 I. Joint Labor-Management Committee ..................................................................... 2627 J. Professional Development Incentive Program ...................................................... 2627 K. Flexibly Staffed Entry Level Positions ................................................................... 2930 L. Length of Probationary Period for All Unit Members ........................................ 293130 M. Reclassification and Salary Adjustment Policy ................................................. 2931 N. Christmas Eve ......................................................................................................... 3031 O. Layoff and Reduction in Time Procedures ............................................................ 3031 P. Automatic Payroll Deposit .................................................................................. 303231 Q. Tuition Reimbursements ......................................................................................... 3032 R. Dignity and Professionalism................................................................................... 3132 S. New Employee Orientation ..................................................................................... 3132 T. Timely Notification .................................................................................................. 3132 U. Step Increases ..................................................................................................... 313332 ARTICLE 13. HOLIDAYS ................................................................................................. 313332 ARTICLE 14. CLASSIFICATION SURVEY AND SALARY SEPARATION ........................... 3234 ARTICLE 15. LEAVES OF ABSENCES ............................................................................... 3334 ARTICLE 16. COMPENSATION SURVEY ....................................................................... 333534 ARTICLE 17. MAINTENANCE OF OPERATIONS ............................................................... 3335 ARTICLE 18. PREVAILING M.O.U. ...................................................................................... 3335 ARTICLE 19. DRUG FREE WORKPLACE POLICY ............................................................ 3435 ARTICLE 20. SAVINGS CLAUSE ........................................................................................ 3435

4 ARTICLE 21. TERM OF AGREEMENT ............................................................................ 343635 EXHIBIT [A] .......................................................................................................................... 3637 Section 12.01 General ..................................................................................................... 3637 Section 12.02 Grounds for Discipline ............................................................................ 3637 Section 12.03 Types of Disciplinary Action ................................................................... 3839 Section 12.04 Notice of Intended Disciplinary Action ................................................... 3940 Section 12.05 Pre-disciplinary Conference .................................................................... 3940 Section 12.06 Notice of Discipline or Rejection of Discipline ...................................... 3940 Section 12.07 Appeal of Disciplinary Action .................................................................. 4041 Section 12.08 Appeal ....................................................................................................... 4041 Section 12.09 Evidentiary Appeal Hearing Procedure .................................................. 4142 Section 12.10 Serving of Notices ................................................................................... 4344 Section 12.11 Summary Suspension .............................................................................. 4344 Section 12.12 Right to Representation .......................................................................... 4344 Section 12.13 Records Purged ....................................................................................... 4344

5 ARTICLE 1. PREAMBLE

This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as "City", and the Service Employees International Union, Local 521, CTW-CLC, hereinafter referred to as "Union," having met and conferred in good faith, do hereby jointly prepare and execute the following written Memorandum of Understanding (MOU). It is understood that the provisions set forth the full and complete understanding of the parties in accordance with Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers-Milias-Brown Act.

ARTICLE 2. NO DISCRIMINATION

The City and Union agree that there shall be no discrimination against any employee in the unit because of race, religion, creed, political affiliations, color, national origin, ancestry, age, sexual orientation, or sex, unless defined as a bona-fide occupation qualification as defined by Federal or State law. The City and Union also agree not to discriminate against any employee for his/her activity on behalf of, or membership in or lack of membership in, the Union. Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.

ARTICLE 3. RECOGNITION

Pursuant to Section 3500-3510 of the Government Code, the City certifies the Union as the recognized majority representative for all regular career, full-time employees in the General Unit.

The General Unit includes all classifications of non-management, non-supervisory, and non- confidential employees in the City other than those classifications designated as local-safety in the Police and Fire Departments and the classes of Police Services Officer, Police Services Supervisor, and Multi Services Officer.

ARTICLE 4. NO ABROGATION OF RIGHTS

This M.O.U. does not modify any City Council rights.

ARTICLE 5. MAINTENANCE OF BENEFITS

The articles included in this agreement constitute a full and complete agreement with the City and Union on all matters within the scope of representation for the period stated in Article 18.

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

6 ARTICLE 6. SALARY AND SPECIAL COMPENSATION

A. Salary Adjustment

1. Compensation Adjustments

Effective the first full pay period after July 1, 2023 the execution of this MOU, the City shall apply a seven percent (7.00%) four percent (4.00%) increase to the base salary of all unit classifications.

Additionally, all unit members shall receive a signing incentive in the amount of three hundred fifty dollars ($350.00). Payment of this signing incentive shall be made via the regular payroll process, in the first full pay period after the execution of this MOU. With this MOU being approved on September 3, 2024, this means the signing incentive shall be padpaid to members during payroll for the pay period of September 7, 2024 – September 20, 2024, with members receiving the $350.00 signing incentive in paychecks received on September 25, 2024.

2. Supervisory Salary Separation

The City agrees to maintain an eighteen percent (18%) salary differential between the Senior Maintenance Worker position and the Fleet Maintenance Supervisor/Park Maintenance Supervisor/Street Maintenance Supervisor positions during the term of this M.O. U.

3. The salary schedule for the Senior Building Inspector job classification shall be provided with a one-time equity adjustment of approximately 3.00%, moving from E66 to E69. The City and the Union shall also work together to agree on updates to the Senior Building Inspector job description.

B. Retirement

1. Contribution

Tier l

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

Tier 2

b. Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee

7 Contribution Rate, all unit employees under the Miscellaneous CalPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees' contribution.

Tier 3

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

2. 1959 PERS Survivor Death Benefit

The City shall provide the PERS Section 21574 "Fourth Level 1959 Survivor Death Benefit" for all eligible unit members for the term of this contract. The City shall pay the employer rate contribution. The employee shall pay the member rate contribution.

3. One-Year Final Compensation Benefit

The City shall provide the PERS Section 20042 "One Year Final Compensation" benefit for eligible unit members.

All new employees hired on or after January 1, 2013, and who are defined as a "new Member" under PEPRA, are subject to the new Benefit Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.

C. Bilingual Allowance

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

Level I – Oral Translation

Employees who perform technical bilingual skills and who successfully pass a City- administered oral proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.

Level II – Written Translation

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

8 the department head may request to increase its bilingual services pending City Managers approval.

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

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

D. Compensatory Time

1. Overtime

Employees shall have the option to either receive paid compensation at a rate one and one-half (1
½) times the employees regular rate of pay for all hours worked in excess of forty (40) hours per week, or to take compensatory time off from duty at a rate of one and one-half (1 ½) times the amount of each overtime hour worked which exceeds forty (40) hours per week.

2. Holidays

Employees who work holidays shall have the option to either receive paid compensation at a rate one and one-half (1 ½) times the employees' regular pay rate plus receive the employees' regular paid compensation for the holiday, or to take compensatory time off from duty at a rate one and one-half (1 ½) times the amount of each hour worked plus receive eight (8) hours regular paid compensation. Employees who are called in on holidays shall also receive this option.

3. Maximum Accrual

Employees may accumulate a maximum of 240 hours (160 FLSA overtime hours worked) in their "comp time bank".

4. Compensatory Time Conversion To Cash

Employees may convert accumulated compensatory time to cash as follows:

a. Twice during the fiscal year an employee may request a cash payment of accumulated Compensatory Time Off (CTO).

9 b. Requests for payment must be made in writing to the Finance Department at least thirty (30) days in advance of June 1st and December 1st of each year.

c. Cash payment of CTO shall be paid on the first pay day which follows June 1st and December 1st of each year.

E. Overtime and Holiday Pay

1. Overtime Pay

Any employee represented by this unit who is authorized or required to work overtime in excess of forty (40) hours per week shall be compensated at the rate of time and one- half for each hour worked of the Fair Labor Standards Act (FLSA) regular rate of pay or granted as equivalent compensatory time off (CTO).

2. Holiday Pay

Any employee represented by this unit who is authorized or required to work on any City recognized holiday shall be compensated at the rate of time and one-half for each hour worked, in addition to regular pay for the holiday.

F. 24-Hour Hazardous Materials (Hazmat) Certification Premium Pay

Employees covered by this agreement who are required to perform duties and respond to emergency situations involving exposure to hazardous materials, and who possess and maintain a 24-Hour Hazardous Materials Technician Level III certification that meets 29 CFR 1910.120(q) shall be paid premium pay of five percent (5.0%) so long as they are assigned such responsibilities and maintain current certification for this Premium Pay.

Eligibility shall be effective on the first Payroll Period following ratification of this Memorandum of Understanding.

The City will review annually the number and types of occurrences to which employees qualifying for this premium pay are called to respond to in order to determine the cost- effectiveness of maintaining this program. The City reserves the right to re-negotiate the amount of the premium pay in consideration of the number and magnitude of the incidents, the actual response by the employee(s) both during and outside normal business hours, and other factors deemed relevant by the City.

G. Heavy Equipment Operation Premium

Effective upon execution of this M.O.U., Employees in the class of Maintenance Worker I/II, Senior Maintenance Worker, Junior Water Operator, and Water Operator I/II who maintain a Class A license and operate heavy equipment shall receive a premium payment of two dollars ($2.00) over his/her regular base rate for each hour worked.

10 H. License Certification

1. Land Surveyor License Certification

All employees who possess and maintain a valid California Land Surveyor License shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi- weekly payroll.

2. Qualified Stormwater Developer (QSD)/ Qualified Stormwater Practitioner (QSP) Certification

An employee who possesses and maintains a valid QSD/ QSP Certification as required by the State of California for storm water best management practice shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi- weekly payroll, if the employee's job assignment as determined by the City Manager requires the individual perform the work.

I. Longevity Pay

A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service after the effective date of this M.O.

NUMBER OF

CONSECUTIVE YEARS LONGEVITY BONUS
10 - 14 Years Three Percent (3.0%) of Base Salary
15 -19 Years Six Percent (6.0%) of Base Salary
20 or more Years Nine Percent (9.0%) of Base Salary

Unit members who have achieved a longevity bonus prior to July 1st, 2009 shall be entitled to receive the difference between the previous longevity bonus and the increased longevity bonus provided in this M.O.U. so that the net result is that employees receive the same bonus amount with equivalent years of service.

J. Standby Pay

Employees covered by this agreement who are assigned to standby duty shall be paid three hundred and fifty dollars ($350.00) for each week that they are so assigned or when there is a staff issue determined by management, prorated to a daily amount. The City shall have full discretion in making and administering standby assignments. This shall include, but not be limited to, the authority to:

1. Require an employee to be available at all hours by telephone or to use a pager.

2. To restrict travel.

11 3. Require employee to refrain from activities which would impair the ability to respond to emergency situations.

Management agrees to involve employees in discussions regarding standby policy modifications.

Standby assignments shall be scheduled three (3) months in advance to provide even distribution of on- call assignments to the extent possible. However, schedule adjustments may be necessary due to illness, vacation, vacancy, and/or other types of approved leave.

K. Uniform Allowance

An allowance for the maintenance of uniforms in the amount of sixty dollars ($60.00) per month will be granted to employees in the classifications of Animal Control Officer and Animal Control Officer Assistant when said employees are required to wear a uniform.

An amount of three hundred fifty dollars ($350.00) will be paid upon initial employment and every anniversary date of any employee in the classification of Animal Control Officer and Animal Control Officer Assistant for the purchase of uniforms.

The City will provide uniforms for employees working at the City Yard and at the City Airport.

L. Cell Phone Allowance

At the execution of the M.O.U., the City will pay a cell phone allowance of $40 per month to eligible employees (Water Maintenance Operator II, Senior Maintenance Worker, Wastewater Treatment Plant Operator II, Utility Engineer, Assistant Engineer, and Public Works Inspector) and those who are assigned by management to maintain a cell phone.

Employees receiving this allowance shall keep the phone in service at all assigned times and shall maintain the phone in proper working order at the employee's expense. No employee will be allowed the Cell Phone Allowance if they also maintain a City provided Cell Phone. City has no financial responsibility for lost or damaged cell phones.

M. Cross-Connection Specialist Certification

At the execution of the M.O.U., an employee who possess and maintains a valid California/Nevada Cross-Connection Specialist Certification shall receive Annual Incentive Pay of five percent (5.0%) of base salary, payable as part of the employee's bi-weekly payroll, at the City Manager's discretion, if the employee's job assignment requires the individual to perform the work.

N. Notary Public Commission Pay

Any Union Employee who possesses, maintains, and is authorized by management to use a Notary Public Commission license on behalf of the City shall receive an allowance of one hundred twenty-five dollars ($125.00) per month. Employees who receive Notary Public

12 Commission Pay shall remain subject to the needs and requirements of the City. The Commission Pay will be payable as part of the employee’s bi-weekly payroll.

O. Homeless Encampment Cleanup Assignment

Upon execution of this contract, whenever a Bargaining unit Worker volunteers to perform homeless encampment cleanup, the employee shall be paid, in addition to their basic compensation, two-hundred fifty dollars $250.00 differential per day worked.

Whenever the Bargaining unit Worker who is eligible for this differential is required to work overtime, such employee's base hourly rate plus the two-hundred fifty dollars $250.00 differential will be used in determining payment for overtime hours worked.

ARTICLE 7. INSURANCE

A. Description

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

B. Health Insurance Options

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

C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan

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

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

3. The City shall allocate specific amounts of “Flex Credits” to the employee’s flexible benefit accounts. These amounts shall consist of the following:

a. For Calendar Year 2023 2024: The City will continue to contribute a dollar amount towards monthly medical insurance premiums at the following levels:

COVERAGE EMPLOYER CONTRIBUTION

13 Employee Only $1,162.71 $1,278.98
Employee Plus One $2,325.42 $2,557.96
Employee Plus Family $3,023.05 $3,325.36

b. For Calendar Year 2024 2025: The City will increase its contribution by the actual increase to the PERS Platinum plan or an amount not to exceed 10% five percent (5.00%).

c. An amount equivalent to the City's contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

d. An amount equivalent to the City's contribution towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E].

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

a. Union Employees' Flexible Spending Account.

b. Roth Individual Retirement Account (IRA).

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

If a Union Employee's residual "Flex Credits" are reduced, the employee will have the responsibility to pay the contribution no longer covered by the Surplus Flex Credits.

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

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

D. Terms for Health Care Participation

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

E. Health Care Contributions

1. Employee-only Premium

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

2. Employee Option for Dependent Coverage

For those employees who elect the option for dependent coverage for medical, dental, and vision insurance plans, the City shall contribute monthly amounts equal to the employee plus one and employee plus family toward such dependent coverage in accordance with Section [C] above.

F. Vision Insurance

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

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

G. Dental Insurance

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

H. Life Insurance

The City shall provide term life insurance in the amount equal to $50,000.00 for each member of the unit for the term of this M.O.U. Additional term life insurance may be purchased by the employee in increments of $10,000.00 up to a total of $250,000.00.

I. Long Term Disability Insurance

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

J. Health Insurance Waiver Option

15 1. Effective January 1, 2014, employees within this bargaining unit who elect not to participate in the City's health care insurance program will be compensated in an amount as follows:

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

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

2. Employees within this bargaining unit shall be eligible to elect not to participate in the City's health care program.

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

4. In addition to the coverage options specified under Article 7. Insurance of the Memorandum of Understanding between the City of Hollister and the Service Employees International Union, Local 521, the following optional health benefits shall be available to the employees of this bargaining unit.

K. Optional Health Benefits

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

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

- Medical Insurance
- Dental Insurance
- Vision Insurance
- Group Term Insurance up to $50,000.00 for Employees only - Accidental Death and Dismemberment Insurance
- Short Term Disability
- Cancer Insurance
- Supplemental Health Insurance
- Accidental Only Insurance

16 - Intensive Care Insurance

L. Flexible Spending Accounts (FSA's)

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

The City agrees to establish a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,500.00) per year per employee.

M. Voluntary Life Insurance

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

N. Miscellaneous In-Lieu Payout

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

The City will conduct a one-year pilot program with SEIU. This pilot program will require the City to contribute an amount equal to the difference between what the City would normally contribute in monthly medical benefit premiums and the employee’s selected health plan.

This difference will be paid-out to the employee as part of the City’s regular biweekly payroll process. An employee is only eligible for this provision if they are enrolled in medical benefits through one of the City’s offered plans. This payment shall be subject to all applicable state and federal taxes and is not PERS-able. The employee must notify Payroll, in writing, that they wish to enroll in this program.

EXAMPLE: Employee is enrolled in Employee Plus Family plan. The City’s monthly contribution is $3,325.36. The employee enrolls in a medical plan at a cost of $3,000 per month. The City would they pay-out the $325.26 monthly difference to the employee as part of the City’s regular payroll process.

Medical benefit enrollments sometimes change due to qualifying life events and/or through open enrollment. In the event an employee receives any in-lieu payment that they were not eligible for, that employee shall immediately pay back the City the overpaid amount. The City and SEIU agree that the City may withhold any amount an employee incorrectly receives from that employee’s paycheck.

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

17 O.N. Cost-Savings

During the term of this agreement, the parties agree that upon request to meet and discuss regarding potential cost savings/sharing measures related to health and welfare plan designs or premiums.

ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH

DISABILITIES ACT

A. Job Related Disabilities

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

B. Americans with Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a 'past practice' or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protection of the ADA. The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. However, the City, when the release of information is either authorized or will not violate confidentiality, will notify the Union when an accommodation has been made that affects other employees in the workplace.

Accommodations made by the City under this Article shall not be subject to the grievance procedure.

Circumstances surrounding compliance with the Americans with Disabilities Act (ADA) involve matters that are both personal and confidential, including with Civil Rights protections under law. Details about an individual case may not be disclosed to the City.

However, should a unit member request an accommodation under ADA, and that requested accommodation would change the working conditions of members in the unit, the City shall meet with a representative from the unit to generally discuss the accommodation, but at no time shall the City disclose Personally Identifiable Information (PII) or any other confidential information associated with any individual, up to and including an individual’s disability and/or medical diagnosis. Action taken by the City under this Article shall not be subject to the grievance procedure.

ARTICLE 9. SAFETY COMPLIANCE AND EQUIPMENT

18 A. Safety Compliance

The City and Union shall meet the requirements of Cal OSHA. The Union further agrees to bring any safety concerns immediately to the attention of management.

The City and the Union shall cooperate in pursuing safe working practices and shall establish a joint safety committee to address workplace safety concerns and develop actions that can be taken to address them. The committee shall meet on an as-needed basis, at the written request of either party, within ten (10) working days of such request or at another mutually agreed upon time. The committee shall consist of a minimum of two (2) union representatives and two (2) City representatives.

B. Safety Boot Allowance

All eligible unit employees, including employees assigned to the Public Works Department Operations and Maintenance Section which also includes the Public Works Inspector, Utilities, Streets, Parks, and Buildings & Grounds Divisions, and Development Services Department employees that work out in the field, and eligible unit employees assigned to the Animal Control Division of the Police Department shall be reimbursed up to three hundred dollars ($300.00) per year, upon presentation of satisfactory proof-of-purchase, for safety shoes or boots which are approved and authorized by City management. Used safety shoes and boots are the property of the City and shall be returned to the City.

This allowance is to assist employees in purchasing City-approved work shoes and/or boots appropriate for the type of work being performed in accordance with General Industry Safety Orders, Title 8, Section 3385. Appropriate safety shoes and boots shall incorporate the following safety factors depending on the type of work performed:

1. Non-skid sole

2. Adequate ankle protection

3. Puncture protection

4. Impact/compression protection

C. Animal Control Safety Equipment

The City agrees to provide necessary safety equipment for the classifications of Animal Control Officer and Animal Control Officer Assistant. This equipment may include, but not be limited to, bullet proof vests, utility belts, and bite sticks. This equipment will be purchased by the City at no cost to unit members.

D.C. CPR Training

19 From time to time, the City may offer CPR Training through the Certified Trainer with the City Fire Department. Subject to department needs. Employees may be granted release time to participate in this training.

E.D. Public Works Safety Equipment

The City agrees to provide necessary training and safety equipment for the classification of:

 Assistant Equipment Mechanic
 Equipment Mechanic
 Jr. Water Maintenance Operator
 Water Maintenance Operator I/II
 Maintenance Worker I/II
 Senior Maintenance Worker
 Tree Trimmer
 Airport Maintenance & Operations Specialist
 Street Sweeper Operator

This equipment may include, but not limited to: appropriate gloves, safety glasses, ear protection, chaps, hard hats, safety vests and breathing masks.

This equipment will be purchased by the City at no cost to unit members.

ARTICLE 10. GRIEVANCE PROCEDURE

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

A. Definition

A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this agreement or the City's Personnel System Rules and Regulations which adversely affects the grievant.

B. Stale Grievance

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

20 C. Informal Discussion with Employee's Supervisor

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

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate within five (5) working days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the department head and subsequent steps will be followed as outlined in this section.) The formal written grievance shall specify the provisions of this M.O.U. or the City's Personnel System Rules and Regulations alleged to have been misinterpreted or misapplied, the remedy sought, and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within five (5) working days from receipt of the supervisor's answer within which to file an appeal to the next level.

E. Grievance to Department Head/City Manager

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

F. Waiver of Appeal Steps

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

G. Advisory Fact Finding of Grievances

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

21 H. Selection of a Fact Finder

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

I. Duty of Fact Finder

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

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

J. Payment of Costs

Each party to a hearing before a fact finder shall bear its own expenses in connection therewith. All fees and expenses of the fact finder shall be borne one-half by the City and one-half by the grievant.

If the City does not implement the proposed disposition of the grievance made by the fact finder, the City shall pay all fees and expenses of the fact finder.

K. Effect of Failure of Timely Action

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

ARTICLE 11. UNION SECURITY

A. Union Dues Check-Off Deductions

1. In accordance with the provisions of this Article, the City shall make payroll deductions from the pay of employees who authorize such deductions in writing on a form provided and/or approved by the City. Such deductions shall be made in accordance with rules and regulations established by the City and the provisions of this Article. Deductions shall be in a pay period basis and shall be made payable to the Union. The Union, as the formally recognized employee organization, may designate the Hollister Municipal Employees Association as the payee of the dues check-off check from the City and to

22 receive the check on behalf of the Union by providing specific written authorization to the City Finance Director. In lieu of such written authorization the dues check-off check shall be forwarded directly to the Union.

2. All other legal and required payroll deductions shall have priority over dues check-off deductions. The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When an employee is in a non- pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings nor will the employee be required to deposit the amount of deductions with the City which would have been withheld if the employee had been in a pay status during the pay period. In the case of an employee who is in a non-pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

B. Maintenance Of Membership

This section shall be applicable to employees hired by the City on or before November 15, 1995. Membership in the Union shall not be compulsory. An affected employee has the right to choose either to become a Union member or to refrain from becoming a Union member.

All affected employees who have authorized payroll deductions for payment of Union dues prior to the effective date of this M.O.U. (by reaffirming such deductions by voluntarily completing a re-commit card), and all affected employees who establish dues payroll deductions during the term of this M.O.U., shall remain members of the Union (with understanding that the authorization of deduction dues shall renew each year on the anniversary of the date the employee’s signed re-commit card), provided that Union members on payroll deduction may end their authorization for deduction of Union dues by mailing (by certified mail) a signed resignation letter to SEIU Local 521’s central office, postmarked between 75 days and 45 days before such annual renewal date. This authorization is voluntary and is not a condition of the employee’s employment.

The Union shall keep an itemized record of its financial transactions and shall provide the City, and any requesting employee, with a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by the Union president and treasurer (or corresponding principal officer) or certified public accountant.

Such report(s) shall be provided to the City prior to March 1st of each year. If the Union fails to provide the required written financial report(s), the City shall suspend dues check-off deductions for each pay period the report(s) is unavailable.

C. Union Indemnification, Hold Harmless, and Defense

The Union agrees to indemnify, hold harmless, and defend the City and its officers, employees, and agents against all claims, proceedings, actions, and liability arising, directly or indirectly out of any actions taken or not taken by or on behalf of the City pursuant to any claims made and against any suits instituted against the City on account of the City's implementation and enforcement of Section A. Union Dues Check -Off Deduction, and Section B. Maintenance Of Membership of this Article.

23 ARTICLE 12. MISCELLANEOUS

A. Deferred Compensation Plan

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

B. Tool Replacement Allowance

1. The City shall provide a tool replacement fund for the replacement of worn out or broken shop tools and the purchase of new shop tools as needed. This allowance will be available to those employees in classifications which are required as a condition of employment to provide their own shop tools for the performance of their duties within City service. The utilization of this fund shall not exceed five hundred dollars ($500.00) per employee for any fiscal year. All shop tools purchased and reimbursed under this provision shall be maintained by the employee so as to be immediately available for City work. This fund is meant as to have funds available for reimbursement not automatic payment to the employee.

2. The employee shall acquire the tool(s) and shall present documentary evidence (receipts and invoices, etc.) of the acquisition and ownership to the City for reimbursement. The Department Head or his designee may inspect and inventory all tools acquired under this provision.

C. Working Out of Classification Assignment

Unit employees assigned by management on a Personnel Action Form (P.A.F.) shall be compensated within the salary range for which the assignment is made, but in no case less than five percent (5%) subject to the following:

1. The position must be vacant and budgeted.

2. Must be assigned by Management.

3. The grievance procedure shall not be utilized by unit members in any conflict and Management's assignment or non-assignment is final a binding upon all parties.

D. Sick Leave Conversion To Cash

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

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

24 2. Any current employee of this unit having completed 10 years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be compensated for fifty-percent (50%) of accrued, unused sick leave in excess of 240 hours at the employee's hourly rate of pay at the time of retirement from City service.

3. The surviving spouse, beneficiary(s), dependents), or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for one hundred percent (100%) of accrued, unused sick leave in excess of 240 hours at the employee's hourly rate of pay at the time of death.

4. Any current employee of this unit having completed 10 years of continuous service with the City and having an unused sick leave accrual balance exceeding 500 hours may, at their option, "cash out" up to a maximum of 96 hours (12 days) of unused sick leave annually as long as the "cashed out" hours do not diminish the unused sick leave accrual balance to an amount less than 500 hours.

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

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

E. Vacation Leave

Vacation leave accrual for each represented unit member shall be as follows:

Years of Service Annual Vacation Accrual
1st through completion of 3rd 10 days
4th through completion of 7th 15 days
8th through completion of 15th 20 days
16th through completion of 20th 22 days
Beginning of 21st year 25 days

Employees may cash out up to a maximum of forty (40) hours of vacation leave annually.

Compensation for vacation leave cashed out will be made at the employee’s rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Department of Administrative Services at least thirty (30) days in advance of June 1st and December 1st of each year. Payments of cashed-out vacation leave will be made on the first pay day which follows June 1st and December 1st of each year. This payment will be made in the regular payroll check issued for that pay period.

25 F. Flexible Work Schedule

Eligible unit members may work flexible work schedules (i.e. 4/10, 9/80) when feasible. It is not the intention of the City to reduce the number of hours that City services are available to the public. It is agreed that implementation of flexible work schedules shall be evaluated on a work unit basis, and will only be approved in those units where flexible work schedules can be implemented without reducing service levels and cost effectiveness.

An appointing authority (i.e. Supervisor, Department Head, etc.) requiring an employee to modify their schedule, either by changing the day worked or by modifying their work schedule/hours, shall provide the employee with no less than 4 working days’ notice to the employee.

G. Union Representatives Time Off

1. City shall grant Union employee board an aggregate of sixty (60) hours of paid time off from work per fiscal year for the purpose of attending Union sponsored educational and training opportunities as shown below:

a. Executive Board Meetings

b. Advisory Board Meetings

c. Bargaining Team Training

d. Steward Training

e. Budget Training

2. It is agreed that the employee representatives shall provide sufficient notice to their supervisors so that work schedules can be arranged to compensate for their absence.

3. The City will grant time off for "Meet and Confer" preparation and negotiations, for a time period not to exceed one hour before the respective negotiation session and one-half hour following the conclusion of same negotiation session.

4. Unless modified by mutual agreement at the onset of negotiations, time off in addition to that provided in G(3.) for any other "Meet and Confer" preparation shall be taken as leave in accordance with the City's established leave procedures and with sufficient notice to Supervisors to ensure appropriate coverage of operations.

H. Advance Notice

Except in cases of emergency as provided in Government Code § 3504.5, the City will provide 30 days written notice to the Union of any ordinance, rule, resolution, or regulation directly related to matters within the scope of representation proposed to be adopted by the

26 City and shall give the Union the opportunity to meet with the City. As provided by Government Code § 3504, "scope of representation" as used in this section shall include all matters relating to employment conditions and employer- employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. In cases of emergency when the City determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City shall provide notice and opportunity to meet at the earliest practicable time following the adoption of the ordinance, rule, resolution, or regulation.

I. Joint Labor-Management Committee

At the request of either party, the parties agree to convene a joint labor-management committee for the purpose of communication, information sharing, and problem solving on relevant issues.

J. Professional Development Incentive Program

Employees who have successfully completed probation shall be eligible to receive a one- time professional development incentive for obtaining certificates or degrees received after the date of this M.O.U. A professional development incentive shall not be awarded if the certification or degree is a minimum requirement for their position.

The certificate must relate to the employee's current position or future lateral or promotional opportunities with the General Employees Unit, Mid-Management Association or the unrepresented units of Confidential Employees and Executive Management. Vocational Training, for purposes of this section, is defined as a minimum of 20 hours of specific training in a career field which results in a certificate of completion. The minimum twenty (20) hours shall be documented classroom time or in the case of a correspondence program identified as the average length of time required to complete the program certification as documented by the certifying agency or institution. Only one (1) professional development incentive per fiscal year can be received by an employee. If an employee receives a Ph.D., Master's degree or Bachelor's degree in a fiscal year, the employee may also receive one (1) additional professional development incentive for a certificate earned in the same fiscal year. Additionally, any additional development incentives earned in the same fiscal year do not rollover to the subsequent fiscal year.

The employee must request the professional development incentive within the same fiscal year the employee earned the eligible certificate, degree, and/or credential.

1. Professional Certificates - $2,500.00 Lump Sum:

- Professional Engineer Registration
- Professional Land Surveyor Registration
- Certified Public Accountant

27 - Engineer-In-Training
- Land Surveyor-In-Training
- American Institute of Certified Planners
- Paralegal Certificate
- Grade 5 Water Treatment Operator or Water Distribution Operator - Grade 5 Waste Water Treatment Operator
- QSP
- QSD

2. College Degrees and Certificates - $2,500.00 Lump Sum

- Ph.D.
- Master's Degree
- Bachelor's Degree
- Associate's Degree

3. Technical Certificates - $2,000.00 Lump Sum:

- Grade 4 Water Treatment Operator or Water Distribution Operator - Grade 3 Water Treatment Operator or Water Distribution Operator - Grade 2 Water Treatment Operator or Water Distribution Operator - Grade 1 Water Treatment Operator or Water Distribution Operator - Grade 4 Waste Water Treatment Operator
- Grade 3 Waste Water Treatment Operator
- Grade 2 Waste Water Treatment Operator
- Grade 1 Waste Water Treatment Operator
- I.C.B.O. Certificates
- Public Works Inspector - NICET
- Cross Connection Control Specialist Certification
- Certified Arborist
- Certified Pool Operator
- Collections Systems Maintenance
- Certified Storm Water Inspector

4. Vocational Certificates of Completion:

Examples:

- A(+) Certification (Computer Hardware, Software & Networking) - Microsoft Certified Systems Engineer
- Cisco Certified Network Associates
- Operation of Wastewater Treatment Plants Program administered by California State University, Sacramento Regional and Continuing Education Program - Title 29 CFR 1910.120(q) - 24 Hour Hazardous Materials (Hazmat) Technician Level III Certification

28 The amount of the incentive for any Vocational Certificate of Completion shall be based on the following number of hours of course work:

Minimum Hours
For Vocational Certificate Amount

100 $ 1,500.00
80 $ 1,200.00
60 $ 900.00
40 $ 600.00
20 $ 300.00

5. Technical Certificates - $1,000.00 Lump Sum:

- Chemical Applicator
- Licensed Tree Trimmer
- Automotive Service Technician (A.S.E.)

6. Additional Eligibility Criteria

Additional licenses and certificates eligible for these professional development incentives, not listed in this Article, may be reviewed and approved by the Department Head in accordance with the following criteria:

- The license or certificate submitted for consideration must directly relate to the employee's current position or future lateral or promotional opportunities in accordance with the provisions of this section J.

- The employee earning the license or certificate shall be subject to duties and assignments commensurate with the level of proficiency attained under the City's Professional Development Incentive Program.

- After the effective date of this M.O.U., all such requests for consideration for eligibility for such license and certificate incentives shall be submitted to the Department Head for review, with final approval by the City Manager at his/her sole discretion. The City Manager's determination is not subject to appeal.

The process for receiving a professional development incentive under this program shall be:

- Prior to beginning any class, program, seminar or study toward a desired certificate or degree, the employee must submit a request to his/her department head for consideration and approval of bonus award. Qualifying classes, programs, seminars or study toward a desired certificate or degree shall not be denied.

29 - If prior approval is not obtained, the class, program, seminar or study toward a desired certificate or degree shall not fall within the scope of this Professional Development Incentive Program.

- Upon obtaining a copy of the certificate or degree, payment will be processed for the specified incentive. Professional development incentives shall not be granted prior to receiving a copy of the degree or certificate.

- The following are not eligible for consideration under this Section:

- Any driver's licenses

- Certificates, licenses, or degrees required for the position the employee holds

- Certificates, licenses, or degrees earned at the expense of the City including City sponsored training programs and consortium training programs except for approved tuition reimbursement pursuant to Section 8.10 (D) and (E) of the City of Hollist er Personnel Rules & Regulations for Associate degrees, Bachelor's degrees, Master's degrees, and Ph.D. degrees.

K. Flexibly Staffed Entry Level Positions

The City shall advance employees that are in the entry level of flexibly staffed classifications (i.e. Maintenance Worker I, Support Services Assistant I, to a II, and to Senior, Account Technician I to II) to the journey level after meeting the experience requirements for the journey level classification, successfully passing a probationary period in the entry level classification and being given a satisfactory performance evaluation.

L. Length of Probationary Period for All Unit Members

1. Newly Hired Employees

Newly hired employees shall serve a mandatory one (1) year probationary period.

2. Promotional Appointments

Permanent employees whom are promoted shall serve a mandatory six (6) month probationary period. All existing employees that are subject to a probationary period as part of a promotion shall be returned to that employee's previous classification if the employee fails to meet the job requirements of the new classification within the probationary period.

M. Reclassification and Salary Adjustment Policy

30 The City and Union agree to develop a structured process for addressing individual reclassifications and resulting salary adjustments that will be consistent with the annual budget process.

City to address reclassification and salary adjustments consistent with this section of the MOU specifically for staff working in the Utilities, Recreation, and Fleet divisions no later than February 2024.

N. Christmas Eve

The City shall provide an additional paid half (1 ½) day holiday on the afternoon (4 hours) of December 24th, known as Christmas Eve. The Christmas Eve holiday shall be observed on the afternoon of the workday proceeding the day on which the December 25th holiday, known as Christmas Day, is observed.

O. Layoff and Reduction in Time Procedures

In those instances, where the City may have to lay off or reduce the work hours of bargaining unit members due to lack of work or lack of funds, the following order of layoff/ reduction shall be used:

1. Temporary/ seasonal workers

2. Workers on probation

3. Career, regular employees

In the event that a career employee is laid off, the following criteria shall be used:

1. Layoff by seniority, in the classification and department determined to be eliminated.

2. A laid off employee has the right to "bump" or displace the most junior worker in the classification, providing the laid off worker is qualified to fill the position.

P. Automatic Payroll Deposit

All new unit members of the Union shall enroll in the automatic payroll deposit program at the time of their employment with the City or at the time of promotion to this unit.

Q. Tuition Reimbursements

The city will reimburse Union members up to four thousand five hundred dollars ($4,500.00) per fiscal year for tuition reimbursements in accordance to the rules set forth in the City’s Personnel Rules and Regulations

31 The employee must request the tuition reimbursement within the same fiscal year the employee incurred eligible expenses.

R. Dignity and Professionalism

The City is committed to providing a workplace where all persons employed by the City of Hollister, regardless of their classification or pay status are treated with dignity, respect and in a professional manner. We shall treat one another in the ways we want to be treated ourselves, including clear communications of expectations regarding performance, support of individual opportunities for growth, and provide opportunities for input into decisions when they impact bargaining unit employees directly.

S. New Employee Orientation

The Union will be given thirty (30) minutes at the end of the orientation to present Union information to bargaining unit employees.

T. Timely Notification

When an employee discontinues paying membership dues, the Union should notify the City within 30 days.

U. Step Increases

Failure of an appointing authority to recommend a salary step advancement in accordance with the performance evaluation procedure shall be considered to be a recommendation of a salary step advancement effective on the anniversary date. Timeliness of evaluations is not subject to the grievance procedure.

ARTICLE 13. HOLIDAYS

1. Holiday Schedule

All members are entitled to 12.50 paid holidays per year. Each paid holiday is the equivalent to 8.00 hours unless otherwise noted. The 12.50 paid holidays in the schedule below are the equivalent to
100.00 hours. The holidays are as follows:

New Year’s Day January 1
Martin Luther King, Jr. Third Monday in January
President’s Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4th

32 Labor Day First Monday in September
Veteran’s Day November 11
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day after Thanksgiving
Christmas Eve – Half Day December 24
Christmas Day December 25

In addition, each employee is entitled to two (2) four (4) floating holidays per fiscal year.

Each floating holiday is the equivalent to 8.00 hours, calculated as 32.00 total hours.

If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday. If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.

2. Holiday Office Closure

The City Manager may elect to close certain City offices to the public between the Christmas and New Year’s Day holidays. However, it will also be necessary to have a base level of staffing to open and operate certain offices during core business hours. Not all departments will be impacted as some public services must be provided on a continual basis.

To accommodate these needs, the City will provide all unit members a bank of thirty-two (32) HOLIDAY CLOSURE HOURS. An employee will have the option, with Department Head approval, to use HOLIDAY CLOSURE HOURS at any point between November 1 – December 31. There are no exceptions to these dates. HOLIDAY CLOSURE HOURS cannot be cashed-out and carry no cash value. Unused hours will be forfeited.

It is the employee’s responsibility to ensure that required hours are taken off work prior to the end of each applicable fiscal year. Management will make every effort to accommodate employees’ requests for the equivalent hours of time off. No Employee shall lose the floating holiday time as a result of a denied time-off request.

The Holiday Office Closure is neither grievable nor appealable. However, employees who believe that the Holiday Officer Closure has not been administered according to the provisions of this agreement, including not being granted the time off, may request a review by an advisory committee composed of one (1) union representative and one (1) City Management representative.

ARTICLE 14. CLASSIFICATION SURVEY AND SALARY SEPARATION

SEIU and City agree to meet and confer about introducing Utility Worker Trainee, Utility Worker I/II, and Senior Utility Worker job classifications and Salary Schedules to the SEIU MOU.

Both parties agree to complete this process no later than June 30, 2025.

33 ARTICLE 15. LEAVES OF ABSENCES

SEIU MOU shall defer to all rights under law associated with Bereavement Leave, and all eligible leaves under law associated with pregnancy and/or parenthood, including leave for reproductive loss as covered under California law.

City also agrees to extend the Bereavement Leave rules by including the following language:
 The City Manager may authorize any unit member to have an additional 3 days of City- paid Bereavement leave if the unit member is attending a memorial service for a covered family member and attending those services causes the unit member to travel more thatn 300 miles round trip.

ARTICLE 16. COMPENSATION SURVEY

City agrees to hire a third-party consultant to conduct a compensation study for all classifications covered under the SEIU MOU. City agrees to engage in the meet and confer process to discuss the findings of the report immediately upon receipt of the final draft of the report. City and SEIU agree to meet and confer regarding the Compensation Study, including a discussion about comparable agencies and the date to be studied. City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than January 2025.

ARTICLE 14 17. MAINTENANCE OF OPERATIONS

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

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

ARTICLE 15 18. PREVAILING M.O.U.

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

ARTICLE 16 19. DRUG FREE WORKPLACE POLICY

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

ARTICLE 17 20. SAVINGS CLAUSE

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

ARTICLE 18 21. TERM OF AGREEMENT

The term of this M.O.U. shall commence on July 1, 2023 2024 and shall expire June 30, 2024 2025, unless otherwise agreed to by both parties. It is also agreed to by both parties to initiate the meet and confer process in a timely fashion, exchanging written proposals at least thirty (30) days prior to the termination of this agreement. An extension of the term of this agreement on a month to month basis may be made my mutual agreement of the parties.

The above constitutes a full and complete agreement between the parties on all matters within the scope of representation.

CITY OF HOLLISTER SEIU, LOCAL 521

David Mirrione, City Manager Jay Donato, SEIU Negotiator

Mary Lerner, City Negotiator Leonard Martinez, SEIU Negotiator

35 Casey Estorga, City Negotiator Art Hernandez, SEIU Negotiator

36 EXHIBIT [A]
SECTION 12. DISCIPLINARY PROCEDURE

Section 12.01 General

A. The expected standard for employees of the City shall be to render the best possible service to the public, to reflect credit upon the City service, and to serve the public interest. The tenure of every employee shall be conditioned on good behavior and satisfactory performance of duties. Disciplinary actions are intended to be corrective and progressive in nature with the objective of obtaining compliance with rules, orders, procedures, standards of conduct and expected job performance.

B. The procedures set forth in this section shall not apply to probationary employees who are rejected during probation, or to any employee serving in a seasonal or temporary appointment. These procedures shall not apply to a reduction in force, or a reduction in pay which is part of a reclassification action or reorganization approved by the City Council.

C. The City Manager may take disciplinary action based upon a Department Head recommendation or initiate such action based upon his/her own authority. The City Manager may delegate the responsibility to take disciplinary action to Departments Head(s). As used in this section, "disciplining authority" shall mean either a Department Head or the City Manager, whoever initiates the disciplinary action; "working day" shall mean any day of the month when the City offices are officially open for business.

D. The procedures set forth in this section shall not preclude an employee from entering into a written agreement with the City to settle a pending disciplinary matter, and further shall not preclude an employee from waiving any of the notice provisions herein provided for, as part of that written settlement agreement.

Section 12.02 Grounds for Discipline

An employee may be reprimanded, suspended, denied a merit increase, demoted or dismissed for any of the following reasons:

1. Furnishing false information to secure employment.

2. Incompetence, which shall mean that the employee lacks adequate ability, knowledge, motivation, or fitness to satisfactorily perform the duties which are within the scope of employment.

3. Inefficiency in performance of work which results in performance lower than that which is typically expected of the position.

4. Neglect of duty.

37 5. Insubordination, which shall mean refusal or failure to follow a direct, lawful order which the employee is capable of following.

6. Nonobservance of work hours.

7. Excessive absenteeism, tardiness, or absence without authorized leave.

8. Violation of city personnel rules and regulations, administrative policies and procedures, department rules and regulations, safety rules, resolutions, ordinances or codes.

9. Damage to or waste of public property, equipment or supplies, or unauthorized possession or use of public property, supplies or equipment.

10. Any conduct related to employment which impairs, disrupts or causes discredit to the employee's department or the city, including but not limited to conduct which is or would be cause for discipline under any other provisions of this section.

11. Willful failure or refusal to property perform official duty.

12. Gross negligence in the discharge of official duty.

13. Dishonesty involving employment.

14. Any act of moral turpitude which adversely reflects on the employee's ability or fitness to perform his/her duties.

15. Soliciting or taking for personal use a fee, gift or other valuable thing in the course of the employee's work, or in connection with the contributing party's expectation or hope of receiving favorable or better treatment than that afforded other persons.

16. Disclosure of confidential information to an unauthorized source.

17. Refusal to take and subscribe to any oath or affirmation which is required by law in connection with employment by the city.

18. Falsification of time sheets or any official city records.

19. Misuse of sick leave.

20. Consuming, possessing, or being under the influence of an alcoholic beverage, while on duty.

21. Unless legally authorized, using, consuming, injecting, possessing, being under the influence of, selling or offering for sale, while on duty, any drug which can or does impair, the employee's work performance, or any controlled substance as the latter term is defined in the California Health and Safety code.

38 22. Discourteous or disrespectful treatment of the public, other employees, or city officials.

23. Violation of city harassment policy.

24. Persistent failure or refusal to take, complete, or follow through with appropriate and reasonable treatment or corrective measures designed to remedy an employee's condition, such as alcohol or substance abuse, when said condition results in conduct which constitutes grounds for discipline under these rules.

25. Engaging in outside employment in violation of city policies or rules.

26. Engaging in non-City business during work hours, excluding employee free time such as lunch and breaks.

Section 12.03 Types of Disciplinary Action

As used in this section, "disciplinary action" shall mean any of the following and may be taken singly or in combination:

A. Counseling or Oral Warning. A counseling or oral warning will not be placed in an employee's personnel file except as part of a regular or special performance evaluation report of the employee on which the employee is given an opportunity to respond. A counseling or oral warning or a performance evaluation report is not subject to the appeal process outlined below.

B. Written Reprimand. A written reprimand shall be provided to an employee prior to being placed in the employee's personnel file. Such reprimands shall not be subject to the appeal process outlined below, but the employee shall have the right of rebuttal by providing a written statement which will be included in the personnel file along with the written reprimand.

C. Imposition of special employment conditions. Such action shall be subject to the appeal process outlined below.

D. Suspension with or without pay. Fringe benefits such as vacation and sick leave shall not accrue during a period of suspension without pay. However, health, dental and life insurance shall remain in effect during a period of suspension without pay. Such action shall be subject to the appeal process outlined below.

E. Reduction in pay level not to exceed one (1) year. Such action shall be subject to the appeal process outlined below.

F. Demotion. Such action shall be subject to the appeal process outlined below.

G. Dismissal or Discharge. Such action shall be subject to the appeal process outlined below.

39 Section 12.04 Notice of Intended Disciplinary Action

A. In cases of proposed disciplinary action, except a counseling, oral warning, or written reprimand, the proposed disciplinary action shall be served on the employee personally or by mail. The written notice of intended disciplinary action which shall include:

1. The reasons for the disciplinary action, those facts alleged to be the basis for the intended action and copies of any documents or materials upon which the disciplinary action is based;

2. The specific action proposed to be taken, including any time period or other conditions associated with the discipline;

3. The proposed effective date of the intended disciplinary action; and

4. The right of the employee to respond to the proposed disciplinary action either in writing or orally, at the option of the employee. The employee shall be advised that he/she has ten (10) working days within which to file a written response or request, in writing, an informal pre- disciplinary conference before the disciplining authority or his/her designee.

B. A copy of the notice of intended disciplinary action shall be placed in the employee's personnel file.

Section 12.05 Pre-disciplinary Conference

Where an employee has requested an opportunity to respond orally, the disciplining authority or his/her designee shall cause an informal pre-disciplinary conference to be held to review the statement of charges and to provide the opportunity for the employee or his/her representative to answer the charges. The disciplining authority or his/her designee shall allow the parties to present any relevant evidence tending to prove or disprove the facts upon which the action is based or upon the nature and severity of the proposed disciplinary action. Failure of the employee to appear at the pre-disciplinary conference, if requested, shall forfeit all the employee's right to respond to the statement of charges.

Section 12.06 Notice of Discipline or Rejection of Discipline

A. If the employee does not respond or upon conclusion of the pre-disciplinary conference, the disciplining authority or his/her designee shall, by written notice to the employee and the supervisor, affirm, reduce or abandon the proposed disciplinary action.

B. If the decision is to affirm or reduce the proposed disciplinary action, such action shall be served on the employee personally or by mail. The written notice of disciplinary action shall include:

40 1. The reasons for the disciplinary action, those facts alleged to be the basis for the disciplinary action and copies of any documents or materials upon which the disciplinary action is based;

2. The specific action proposed to be taken, including any time period or other conditions associated with the discipline;

3. The effective date of the disciplinary action; and

4. The right of the employee to appeal the disciplinary action. The employee shall be advised that he/she has ten (10) working days within which to file a written appeal of the disciplinary action.

C. A copy of the notice of disciplinary action shall be placed in the employee's personnel file.

D. If the notice is to abandon all action, the notice of intended disciplinary action shall be removed from all personnel files.

Section 12.07 Appeal of Disciplinary Action

An employee who has been discharged, demoted, reduced in salary, been made subject to specific employment conditions, or suspended without pay has the right to appeal to the City Manager the disciplinary action by filing a written notice of appeal within ten (10) working days from the date of the notice of discipline. The appeal must state specifically the reason or reasons upon which it is based. Failure to file within the time allowed constitutes abandonment of appeal rights. The evidentiary appeal shall be heard by a hearing officer who will serve as the City Manager’s designee.

Section 12.08 Appeal

A. The Personnel Officer shall be responsible for obtaining the hearing officer from JAMS (Judicial Arbitration and Mediation Services of California). The Personnel Officer shall ask JAMS to randomly provide the name of one retired judge who shall be impartial and who shall conduct the hearing on behalf of the City Manager. The City shall pay for the services of the hearing officer.

B. The Hearing Officer shall assume responsibility for scheduling and conducting the hearing in accordance with the provisions of Chapter 12. The hearing officer shall conduct the hearing and prepare a report that includes findings of fact and recommendation(s). The City Manager shall be bound by the findings of fact but reserves final authority on the recommendation(s) of the Hearing Officer. The decision of the City Manager shall be final unless appealed to the City Council.

C. If the decision is to affirm or modify the disciplinary action, the decision shall be placed in the employee’s personnel file. If the decision is to modify or reverse the disciplinary action, that

41 action shall be implemented. If reversed, the notice of the intended disciplinary action and the notice of disciplinary action shall be removed from the employee’s personnel file.

Section 12.09 Evidentiary Appeal Hearing Procedure

A. The Hearing Officer shall provide the appellant and City with written notice of the date, time, and place of the hearing no less than ten (10) working days in advance of the scheduled hearing date. Any time lines contained in this section may be extended upon mutual agreement of the City and the appellant for good cause.

B. The hearing shall be conducted in conformity with Sections 11512 through 11515, inclusive, of the Government Code. The hearing officer shall be deemed to be the administrative law judge in the proceeding.

C. The hearing shall be closed to the public unless the appellant, prior to the commencement of the hearing, requests in writing that it be open to the public. The hearing shall be conducted in accordance with the provisions of Section 11513 of the Government Code which reads:

1. Oral evidence shall be taken only on oath or affirmation.

2. Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross- examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her. If the appellant does not testify on appellant’s own behalf, s/he may be called and examined as if under cross- examination.

3. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.

D. The appellant may be examined and may examine or cause any person to be examined under Section 776 of the Evidence Code. The appellant shall be allowed to appear personally at the hearing, and appellant shall have the right to legal counsel or lay representation of appellant’s choice and sole expense at all times throughout the proceeding, and appellant shall be allowed to produce such competent evidence in his/her own defense and in rebuttal to the charges as the appellant or appellant’s/her representative may wish to offer.

42 E. The hearing shall be recorded by a stenographic reporter. If any transcript is ordered by the appellant or the City, the party ordering the transcript shall bear the cost of the transcription.

If both the appellant and the City order transcriptions, the cost of the transcription, along with the cost of the reporter, shall be borne equally by the City and the appellant.

F. The Hearing Officer shall have the power to subpoena and require the attendance of witnesses, and the production of books, papers, and other evidence pertinent to the hearing, and to administer oaths to witnesses. In arriving at a recommendation, the hearing officer may consider any prior disciplinary actions taken against the appellant, or any prior proceedings under this section.

G. Unless the circumstances were beyond the control of the appellant, failure of the appellant to appear at the hearing shall be deemed a withdrawal of the appeal and the action of the department head in the notice of disciplinary action shall be final without right of appeal to the City Council. The participation of the appellant’s representative at the hearing shall constitute appearance of the appellant.

H. The City Manager shall review the hearing officer’s report including the findings of fact and recommendation(s) and within thirty (30) days from the hearing officer’s report issue his or her written decision affirming, reversing, or modifying the discipline which shall be final unless appealed to the City Council.

I. An employee can appeal the City Manager’s decision to the City Council by filing the written notice of appeal with the City Clerk within ten (10) working days from the date of the mailing of the City Manager’s decision.

J. Within ten (10) days after receipt of the appeal, the City Clerk shall give notice of the appeal to each member of the City Council, the City Manager, and other persons named or affected by the appeal and shall schedule a hearing before the City Council.

K. The hearing before the City Council shall be non-evidentiary in nature and shall be limited to oral arguments from both parties or their representatives. The City Council shall be bound by the findings of fact prepared by the hearing officer. Appellant and City shall each have 20 minutes of oral argument with an additional 5 minutes of rebuttal argument. The hearing before the City Council shall be closed to the public unless prior to the hearing the appellant requests in writing that the hearing be open to the public.

L. The City Council shall deliberate in closed session and shall issue a decision which affirms, reverses, or modifies the discipline imposed by the City Manager.

M. If the Council’s decision is to affirm or modify the disciplinary action, the decision shall be placed in the employee’s personnel file. If the decision is to modify or reverse the disciplinary action, that action shall be implemented. If reversed, the notice of the intended disciplinary action and the notice of disciplinary action shall be removed from the employee’s personnel file.

43 N. The decision of the City Council shall be final and subject to judicial review under Code of Civil Procedure 1094.5.

Section 12.10 Serving of Notices

Written notices shall be served either by direct personal service on the person affected, or by mail. Mailed notices to the City Manager or his/her designee, a Department Head, an appellant and/or his/her designee, or the City Council shall be effective upon recorded deposit with the United States Postal Service.

Section 12.11 Summary Suspension

Prior to any disciplinary proceedings under this section, the City Manager may summarily place any City employee on an immediate suspended status with or without pay. Such suspensions shall be made only in cases where the employee's continued active duty status might, in the sole opinion of the City Manager, constitute a hazard to the employee or others, tend to bring the City service into discredit, or prolong acts or omissions of improper employee conduct. If the disciplinary action or suspension is not subsequently ordered and/or affirmed, the employee shall be reinstated in status and restored all pay and fringe benefits lost during such summary suspension.

Section 12.12 Right to Representation

An employee subject to a meeting, an investigation that may result in disciplinary action, a pre- disciplinary conference or hearing has the right, upon request, to be represented by an employee representative or an attorney retained by the employee at the employee's expense.

Any employee, other than those defined as management, mid-management and confidential employees shall be permitted to represent another City employee or group of City employees.

Section 12.13 Records Purged

An employee's personnel file shall be purged of all documents relating to ordered disciplinary actions, except dismissal, after three (3) years from the end of such action upon the written request of the employee or former employee against whom the action was taken. (Updated 08-06-21: dh)

1 City Council of the City of Hollister
Minutes of the Regular Meeting

August 20, 2024, 4:00 p.m.

City Council Chamber, City Hall
375 Fifth Street, Hollister, CA 95023

Members Present: Mia Casey, Mayor
Rick Perez, District 1
Rolan Resendiz, District 2
Tim Burns, District 4

Members Absent: Dolores Morales, District 3
_____________________________________________________________________

1. CALL TO ORDER
Mayor Casey called the regular meeting of the City Council of the City of Hollister to order at 4:02 PM.

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE
Councilmember Resendizled the Pledge of Allegiance.

4. CLOSED SESSION - REPORT OUT
City Attorney Mary Lerner reported the City Council unanimously declined to waive the conflict that County Counsel Prentice Long has regarding the fire service contract negotiations with the County of San Benito.

5. SPECIAL ORDERS OF THE DAY

5.1 PRESENTATION BY CENTRAL COAST COMMUNITY ENERGY
Sophia Schwirzke provided a presentation regarding Central Coast Community Energy and its programs.

6. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Elvira Zaragosa Robinson spoke regarding the upcoming second Native Gathering event and requested the City Council provide funds to support the event.

Robin Pollard thanked the City for their work on the trees and cleaning the Briggs Building parking garage. Ms. Pollard requested agenda items descriptions

2 include information regarding the location of the project and commented on cyclists riding on City sidewalks.

Timothy Heavin Chair of the Take Me Home Leadership Council expressed concern regarding San Benito County's restrictions on camping and negative impacts on unhoused residents. Mr. Heavin supported bringing services to Hollister for its unhoused residents and requested to be able to present to the Council at a future meeting.

7. CONSENT ITEMS
Mayor Casey opened public comment at 4:21 p.m.

There were no speakers for the consent agenda items.

Mayor Casey closed public comment at 4:21 p.m.

Moved by: Councilmember Burns
Seconded by: Councilmember Perez

The consent calendar items are approved
Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Absent (1): Councilmember Morales
Carried (4 to 0)

7.1 APPROVE JULY 30, 2024 MEETING MINUTES

7.2 APPROVE AUGUST 6, 2024 MEETING MINUTES

7.3 APPOINTMENT OF CITY REPRESENTATIVE ON THE FIRE

PROTECTION COMMITTEE
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Appoint Councilmember Dolores Morales as a representative on the Fire Protection Committee.

Carried

7.4 A RESOLUTION GRANTING RETROACTIVE AUTHORITY TO THE

AIRPORT TO SUBMIT AN APPLICATION FOR THE BIPARTISAN

INFRASTRUCTURE LAW, AIRPORT TERMINAL AND TOWER

PROJECT GRANT

3 Moved by: Councilmember Burns
Seconded by: Councilmember Perez

1. Adopt a resolution retroactively approving the submission of the U.S.

Department of Transportation Federal Aviation Administration Airport Terminal and Tower Project grant application for $5,500,000 with a required match of $550,000; and

2. Authorize the City Manager or his designee to execute any subsequent amendments or modifications, and other necessary documents.

Carried

7.5 A RESOLUTION APPROVING A 2.0% SALARY INCREASE FOR ALL

UNREPRESENTED CITY EMPLOYEES CLASSIFIED AS EXECUTIVE
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving a 2.0% salary increase for all unrepresented city employees classified as executive.

Carried

7.6 A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN
SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4
ANNEXATION NO. 56 (PUBLIC FACILITIES SERVICES)
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the annexation of Everglen Subdivision into CFD#4
Carried

7.7 A RESOLUTION APPROVING THE ANNEXATION OF EVERGLEN
SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5
ANNEXATION NO. 24 (POLICE AND FIRE SERVICES)
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

4 Adopt a resolution approving the annexation of Everglen Subdivision into CFD#5
Carried

7.8 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT NO. 365, EVERGLEN SUBDIVISION AND

AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR THE

IMPROVEMENT WITH KB HOMES SOUTHBAY, INC
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the Subdivision Improvement Agreement for the Everglen Subdivision, Tract No. 365, and authorizing execution of the agreement for the improvements with KB Homes Southbay, Inc.

Carried

7.9 A RESOLUTION APPROVING THE ANNEXATION OF WILLOW
LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #4 ANNEXATION NO. 57 (PUBLIC FACILITIES SERVICES)
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#4
Carried

7.10 A RESOLUTION APPROVING THE ANNEXATION OF WILLOW
LANDING SUBDIVISION INTO COMMUNITY FACILITIES DISTRICT #5 ANNEXATION NO. 25 (POLICE AND FIRE SERVICES)
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the annexation of Willow Landing Subdivision into CFD#5
Carried

5 7.11 A RESOLUTION APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 360, WILLOW LANDING SUBDIVISION

AND AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR THE
IMPROVEMENT WITH ROSATI – HOLLISTER, L.P., A DELAWARE

LIMITED PARTNERSHIP
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving the Subdivision Improvement Agreement for the Willow Landing Subdivision, Tract No. 360, and authorizing execution of the agreement for the improvements with Rosati – Hollister, L.P., a Delaware limited partnership.

Carried

7.12 A RESOLUTION RATIFYING THE APPROVAL OF POLICE RELATED

GRANT REQUESTS
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Receive the report and ratify approval of the grant requests.

Carried

7.13 A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CITY OF

HOLLISTER INDUSTRIAL WASTEWATER TREATMENT PLANT LEASE

AGREEMENT WITH NEIL JONES FOOD COMPANY DBA SAN BENITO
FOODS
Moved by: Councilmember Burns
Seconded by: Councilmember Perez

Adopt a resolution approving Amendment No. 1 to the City of Hollister Industrial Wastewater Treatment Plant Lease Agreement with Neil Jones Food Company dba San Benito Foods (“San Benito Foods”) and authorize the City Manager to execute the amendment in substantially the same form as presented.

Carried

8. COUNCIL BUSINESS

6 8.1 CIVIL GRAND JURY RESPONSE
City Attorney Mary Lerner provided the staff report.

Councilmember Burns requested staff determine whether the Council Code of Conduct could be amended to address disclosure of closed session information to permit removing members of Council from future closed sessions.

Mayor Casey opened public comment at 4:24 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 4:24 p.m.

Moved by: Councilmember Burns
Seconded by: Mayor Casey

Consider and Adopt a response to the 2023-2024 Grand Jury Report Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Absent (1): Councilmember Morales
Carried (4 to 0)

8.2 INFORMATIONAL REPORT REGARDING THE CITY’S DRAFT

EMPLOYEE TRAVEL POLICY AND THE CITY COUNCIL TRAVEL
POLICY
Administrative Services Director Casey Estorga provided the staff report.

Councilmember Resendiz requested and received clarification regarding previous City Council decisions related to Council travel.

Mayor Casey opened public comment at 4:37 p.m.

Elia Salinas suggested supported members of the Council traveling to Sacramento to lobby state representatives.

Mayor Casey closed public comment at 4:39 p.m.

Councilmember Burns supported creation of a pooled travel fund for use by the entire Council.

Councilmember Resendiz opposed adding funds to the Council travel fund.

By consensus, the City Council directed staff to amend the Council travel policy to include a provision to create a pooled travel fund for use by the

7 entire Council and confirm the City Manager can administer the employee travel policy with the City Attorney.

8.3 REPORT ON LEESBURG BIKE FEST
Police Chief Carlos Reynoso provided the staff report.

Councilmember Burns commented on various factors that allow the Leesburg rally to be successful and inquired whether modifications could be made to the Hollister rally, such as the date.

Police Chief Reynoso reported agencies throughout the state are currently unable to provide public safety personnel, regardless of the date, due to widespread staffing shortages.

Councilmember Resendiz stated it is the Council's decision whether to hold the motorcycle rally.

Mayor Casey opened public comment at 4:59 p.m.

Elia Salinas stated enough public safety personnel is needed to keep the public, City employees, and rally attendees safe in order to hold the motorcycle rally. Ms. Salinas commented on the lack of revenue to the City from the motorcycle rally.

Mayor Casey closed public comment at 5:02 p.m.

Mayor Casey requested and received clarification regarding the City's liability if people are injured as a result of the rally and the City does not have adequate public safety staffing.

Mayor Casey commented on City's current inability to provide adequate security for the event.

Moved by: Councilmember Resendiz

To hold the motorcycle rally in July 2025.

Motion fails for lack of a second

8.4 CONSIDERATION OF CITY OF HOLLISTER LOCAL LIVE-WORK

PREFERENCE POLICY FOR AFFORDABLE HOUSING
Assistant City Attorney Jennifer Thompson provided the staff report.

Mayor Casey opened public comment at 5:21 p.m.

Elia Salinas supported adoption of a live-work preference policy for affordable housing and stated the Council should be welcoming to non - profits seeking to build affordable housing in Hollister.

8 Mayor Casey closed public comment at 5:24 p.m.

Councilmember Resendiz supported the various options outlined by staff and supported verification by developers with periodic City audits.

Councilmember Burns supported the City recouping costs for staff to audit the program, to complete verification process, etc.

The Council supported the preference being applied to the fu ture vacancies and subsequent leases.

By consensus, the City Council directed staff to return with a draft ordinance to address the following:
 Include the live, work, and remote work categories
 Include nonprofit, inclusionary, and density bonus units  Apply the preference to unit regardless of when the vacancy occurs  City staff to manage the placement and verification process and recoup costs where possible

8.5 LEGISLATIVE UPDATE
Assistant City Attorney Jennifer Thompson provided the staff report.

Mayor Casey opened public comment at 5:49 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 5:49 p.m.

8.6 A RESOLUTION DESIGNATING A VOTING DELEGATE AND UP TO

TWO ALTERNATES FOR THE LEAGUE OF CALIFORNIA CITIES

GENERAL ASSEMBLY
City Manager David Mirrione provided the staff report.

Mayor Casey opened public comment at 5:51 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 5:51 p.m.

Moved by: Councilmember Burns
Seconded by: Councilmember Resendiz

Designate Councilmember Morales to serve as a voting delegate and Councilmember Perez to serve as an alternate voting delegate for the League of California Cities Annual General Assembly.

9 Ayes (4): Mayor Casey, Councilmember Perez, Councilmember Resendiz, and Councilmember Burns
Absent (1): Councilmember Morales
Carried (4 to 0)

9. INFORMATIONAL REPORTS

9.1 COMMITTEE ASSIGNMENTS
No reports.

9.2 COUNCIL REPORTS
Councilmember Burns requested a proclamation to recognize Gary Byrne with the Community Foundation on his retirement; requested using $5,000 of his discretionary funds to support the Second Native Gathering event; supported a side letter with the Hollister Fire Fighters Union to state that no firefighters will be laid off as a result of fire services contract negotiations with San Juan Bautista and San Benito County; and requested additional information regarding the City's costs to offset fire services costs provided to San Juan Bautista and San Benito County.

Councilmember Perez requested a future presentation from Tim Heavin regarding unhoused population in Hollister and requested using $5,000 of his discretionary funds to support the Second Native Gathering event.

Mayor Casey requested a review of current City contracts at a future Council meeting.

9.3 CITY MANAGER REPORT
City Manager David Mirrione confirmed Council consensus on the following items: a retirement proclamation for Gary Byrne; utilizing $5,000 each from Councilmembers' Burns and Perez discretionary funds for the second Native Gathering event; provide additional information regarding costs associated with the fire services contracts; a future presentation from Tim Heavin regarding Hollister's unhoused population; and a future agenda item to review City contracts.

Information Systems and Technology Director Paul DaSilva provided an update on the City's new website.

City Manager David Mirrione introduced the new Parks and Recreation Director Charles Wall.

1. UPDATED CITY COUNCIL PROJECTS

10. CLOSED SESSION
Mayor Casey opened public comment at 6:08 p.m.

10 There were no speakers for the closed session agenda items.

Mayor Casey closed public comment at 6:08 p.m.

City Attorney Mary Lerner read the closed session item titles.

The City Council convened into closed session at 6:11 p.m.

10.1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: (City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Un ion (SEIU), Local 521; Hollister Peace Officer Association (HPOA)

10.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Manager - Annual Performance Evaluation

10.3 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957
Title: City Attorney - Annual Performance Evaluation

10.4 CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9.

Existing Litigation Cain, et al. v. City of Hollister San Benito County Superior Court Case No. CU-22-00087

10.5 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE 54956.9
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code (2 cases)

11. CLOSED SESSION - REPORT OUT
The City Council reconvened into open session at 8:09 p.m.

City Attorney Mary Lerner stated no reportable action was taken in closed session.

12. ADJOURNMENT
Mayor Casey adjourned the meeting at 8:10 p.m.

Jennifer Woodworth, City Clerk

11

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Finance-2024-11

AGENDA ITEM: WARRANT REGISTER SEPTEMBER 3, 2024

DEPARTMENT: Adminstrative Services
DEPARTMENT HEAD: Casey Estorga, Administrative Services Director STAFF CONTACT: Maricela Romero. Account Tech II

RECOMMENDED ACTION: Ratify and approve the Warrant Registers for the General-Special-Enterprise-Assessments funds attached.

FISCAL IMPACT: 23/24

PREVIOUS COUNCIL OR COMMISSION ACTION:

Warrant registers are reviewed monthly.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1) Expense Approval Register AP 7-1-24
2) Expense Approval Register PYR 7-3-24
3) Expense Approval Register DP 7-11-24
4) Expense Approval Register AP 7-12-24
5) Expense Approval Register PYR 7-17-24
6) Expense Approval Register AP 7-18-24
7) Expense Approval Register AP 7-22-24
8) Expense Approval Register AP 7-22-24 (2)
9) Expense Approval Register AP 7-24-24
10) Expense Approval Register DP 7-25-24
11) Expense Approval Register AP 7-25-24
12) Expense Approval Register AP 7-25-24 (2)
13) Expense Approval Register AP 7-29-24
14) Expense Approval Register AP 7-30-24
15) Expense Approval Register PYR 7-31-24
16) Expense Approval Register DP 8-2-24

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Clerk-2024-36

AGENDA ITEM: CLAIM AGAINST THE CITY- FILED BY CHRISTINE SWANK

DEPARTMENT: City Clerk
DEPARTMENT HEAD: Jennifer Woodworth, City Clerk
STAFF CONTACT: Angie Gonzalez, Deputy City Clerk

RECOMMENDED ACTION: Deny the claim and authorize staff to send the notice of rejection to the claimant.

DISCUSSION: Mercury Insurance filed a claim against the City on behalf of their client Christine Swank on August 19, 2024. Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended the denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.

FISCAL IMPACT: Unknown.

PREVIOUS COUNCIL OR COMMISSION ACTION: None.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Claim

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # Airport-2024-12

AGENDA ITEM: A RESOLUTION APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC. FOR SPACE TO LOCATE EQUIPMENT AND OTHER

PROPERTY AT THE HOLLISTER MUNICIPAL AIRPORT

DEPARTMENT: Airport
DEPARTMENT HEAD: Jeff Crechriou, Airport Director
STAFF CONTACT: Jeff Crechriou, Airport Director

RECOMMENDED ACTION:

1. Adopt a resolution approving a Ground Lease Agreement with ZeroAvia, Inc. for space to locate equipment and other property at the Hollister Municipal Airport; and

2. Authorize City Manager to execute the Ground Lease Agreement in a form approved by City Attorney.

DISCUSSION: Ground Lease revenue accounts for approximately 21% of the Airport's annual revenue. ZeroAvia, Inc. is a long-term tenant at the Airport leasing hangar and office space in good standing.

In late June, ZeroAvia, Inc. notified the Airport of their desire to locate equipment at the Airport and inside the perimeter fence in a location that they can access from the ir current hangar and office location.

The proposed Gound Lease provides for a 10,000 square foot space located at the north end of the aircraft parking apron, a base 3-year term with two potential one-year extensions, and an initial base rent of $2,300 per month with annual CPI adjustments in future years. The type, orientation and use of equipment and other property to be located in the leased space will be subject to approval by Airport Management. Tenant use of and access of this location shall be conducted so as not to interfere with aircraft operations.

The location and proposed use have been reviewed with the Hollister Jet Center, the Airport’s Fixed Base Operator (FBO), and received their support. The Hollister Airport Advisory Commission considered the lease, location and proposed use at their regular meeting on August 28, 2024, and passed a motion recommending City Council consideration and approval.

FISCAL IMPACT: The proposed Ground Lease is estimated to generate $85,300 in revenue over the base 3-year term. Rent payments will be recorded to the Airport Enterprise Fund 601, Ground Lease revenue account No. 601-1000-450104.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Ground Lease

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A GROUND LEASE AGREEMENT WITH ZEROAVIA, INC.

FOR SPACE TO LOCATE EQUIPMENT AND OTHER PROPERTY AT

THE HOLLISTER MUNICIPAL AIRPORT

WHEREAS, ground lease revenue accounts for 21% of the Airport's annual revenue; and

WHEREAS, ZeroAvia, Inc. is a long-term tenant at the Airport leasing hangar and office space in good standing. ZeroAvia, Inc. notified the Airport of their desire to locate equipment at the Airport and inside the perimeter fence in a location that they can access from the current hangar and office location; and

WHEREAS, the Gound Lease provides for a 10,000 square foot space located at the north end of the aircraft parking apron, a base 3-year term and two one-year extensions, rent of $2,300 per month and annual CPI adjustments. Equipment and other property to be located in this space, the orientation, and use are subject to approval by Airport Management; and

WHEREAS, the location and proposed use have been reviewed with the Hollister Jet Center, the Airport’s Fixed Base Operator (FBO), and received their support. At the regular meeting of August 28, 2024, the Airport Advisory Commission received information on this lease, location, and proposed use and passed a motion to recommend City Council approval; and

WHEREAS, the Ground Lease is estimated to generate $85,300 in revenue over the base 3-year term. Rent payments will be recorded to the Airport Enterprise Fund 601, Ground Lease revenue account No. 601-1000-450104.

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

1. Approve a Ground Lease Agreement with ZeroAvia, Inc. for space to locate equipment and other property at the Hollister Municipal Airport ; and

2. Authorize City Manager to execute the Ground Lease Agreement in a form approved by City Attorney.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 2024, by the following vote:

Resolution No. 2024-XX

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 3, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

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Recorded By and Return to:

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

HOLLISTER MUNICIPAL AIRPORT

GROUND LEASE AGREEMENT

THIS GROUND LEASE AGREEMENT (“Lease”), dated September 3rd, 2024 (“Effective Date”), is by and between the City of Hollister, a California municipal corporation (“City”), and ZeroAvia, Inc. (“Tenant”) (each a “Party” and collectively, the “Parties”).

Recitals:

This Lease is entered into with reference to the following facts and circumstances, which are hereby found and determined by the Parties:

A. On July 1, 2021, the Parties entered into an Agreement for lease of real property from the City by Tenant. Said real property being a portion of the Hollister Municipal Airport, identified as 90 Skylane Drive, Suite #1, Hollister, CA 95023.

B. City owns and operates the Hollister Municipal Airport (“Airport”) located in the City of Hollister, California.

C. Tenant desires to lease an undeveloped, ten thousand (10,000) square foot area of the Airport to store equipment (the “Leased Premises”), identified and shown on Exhibit “A” which is attached hereto and made a part hereof.

In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the Parties hereby agree as follows:

1.01 Leased Premises. City hereby leases to Tenant, and Tenant hereby leases from City, for the duration of the Term, the Leased Premises, subject to any utility or other easements on, over, across or under the Leased Premises that are reserved by City.

2.01 Improvements. Tenant will construct, in accordance with Exhibit “B”, improvements to the Leased Premises (“Improvements”.) The completed Improvements are subject to approval by Airport management. Upon approval by Airport management,

ZeroAvia Inc. Ground Lease Page 2 of 10
the Leased Premises shall thereafter include the Improvements.

3.01 Term. The Initial Term of this Lease shall commence on the Effective Date and expire on December 31, 2025 (the “Expiration Date”). At the end of the Initial Term, Tenant may extend the Term of this Lease for two (2) additional; one-year periods (“Extended Term”), provided Tenant gives to City notice of its intent to extend the Term of this Lease at least six (6) months prior to the end of the Initial or any such Extended Term.

4.01 Rent. For use of the Leased Premises, Tenant shall pay City Two Thousand Three Hundred Dollars ($2,300.00) per month, payable in advance on or before the first day of each month during the Term of this Lease to City’s agent, Hollister Airport Office, 60 Airport Drive, CA 95023. For purposes of calculating Rent and other charges due, each month shall be considered to have thirty (30) days, and each year of the Term of this Lease shall have three hundred-sixty (360) days.

5.01 Rent Adjustments. If the CPI published for the current April is greater than the CPI published for April of the previous year, then the monthly rent due shall be increased in the same proportion that the CPI in the current April bears to the CPI published in April of the previous year. Provided that, if, on September 1 of each year, the CPI published for April is less than the CPI published for April of the previous year, then no adjustment shall be made in the access fee. For the purposes of this Agreement, the CPI used shall be that published by the United States Department of Labor, Bureau of Labor Statistics, CPI for all urban consumers in the San Francisco- Oakland-San Jose statistical area.

6.01 Security Deposit. On execution of this Lease, Tenant shall deposit with City the sum of Two Thousand Three Hundred Dollars ($2,300.00) as a Security Deposit for the performance by Tenant of the provisions of this Lease. If Tenant is in default, City may use the Security Deposit, or any portion of it, to cure the default, or to compensate City for all damages sustained by City resulting from Tenant’s default.

Tenant shall immediately, upon demand, pay to City a sum equal to the portion of the Security Deposit expended or applied by City as provided in this paragraph so as to maintain a Security Deposit in the sum initially deposited with City. If Tenant is not in default of any of its obligations under this Lease, or any extension hereof, upon expiration or termination, City shall return the Security Deposit to Tenant. City’s obligations with respect to the Security Deposit are those of a debtor and not a trustee.

City can maintain the Security Deposit separate and apart from City’s general fund or can commingle the Security Deposit with City’s general fund and other funds. City shall not be required to pay Tenant interest on the Security Deposit.

7.01 Delinquency Charge. Should any payments due under this Lease remain unpaid five (5) days after the due date of such payment, a penalty of ten percent (10%) shall be added to any past due payments. Delinquency of forty (40) days will result in termination of this Lease.

ZeroAvia Inc. Ground Lease Page 3 of 10

ZeroAvia Inc. Ground Lease Page 4 of 10

8.01 Returned Check and Other Bank Charges. In the event any check given by Tenant to City to pay Rent or any other amount due under this Lease is returned for lack of sufficient funds, a “stop payment,” or any other reason, Tenant shall pay City a returned check charge in the amount of fifty dollars ($50.00).

9.01 Substitution of Space. City shall make reasonable efforts to ensure that Tenant’s property may be stored at the Leased Premises during the Term of this Lease, provided, however, that City shall retain the right to require Tenant to move, and/or relocate the equipment to an alternate premises should Airport operations necessitate such movement or relocation. If City requests Tenant move and/or relocate Tenant’s property to a different location, City shall make reasonable efforts to notify Tenant of the need for such change and assign another space of similar size and surface material.

10.01 Use. Tenant shall have exclusive use of the Leased Premises, for lawful uses that are customary and related to private airport uses. Tenant shall not construct any improvement or allow any construction on the Leased Premises, without first obtaining City’s written consent. Tenant shall control the conduct of its employees and invitees, and of those doing business with Tenant, in and around the Leased Premises, and shall take all steps necessary to remove persons whom City may, for good and sufficient cause, deem objectionable. Tenant shall keep the Leased Premises clean and free of debris and use of the Leased Premises shall not interfere with City Airport aircraft operations. Such interference shall be determined by Airport management.

Upon termination of this Lease, by expiration or otherwise, Tenant shall immediately surrender possession of the Leased Premises and shall remove at its sole cost and expense, all equipment and other property stored upon Leased Premises.

The Leased Premises is open space adjacent to aircraft movement areas, so Tenant agrees to follow direction from Airport management regarding use of the Location and attain approval of equipment and other property and orientation of the equipment or other property to be stored on the Leased Premises. Such direction and approval shall be in writing. Tenant use of and access to Leased Premises shall be conducted so as not to interfere with aircraft operations.

10.02 Airport Rules & Regulations. In making use of the Leased Premises as specified in this Lease, Tenant must, in common with all other users of the Airport, comply with any adopted Master Plan or other Plans for the Airport. Tenant acknowledges that Tenant has received and reviewed a copy of Hollister Municipal Code Chapter 13.24, the Hollister Airport Rules and Regulations, and will comply with these Rules as well as any additional operating standards or requirements promulgated by City and applicable to each of Tenant’s activities on the Airport.

11.01 Sublease/Assignment. Tenant shall have no right to sublease the Leased Premises or to assign this Lease. The storage of equipment or other property not owned or leased by Tenant on the Leased Premises shall constitute a sublease.

ZeroAvia Inc. Ground Lease Page 5 of 10

12.01 Condition of Leased Premises. Tenant shall accept the Leased Premises in its present condition, "AS IS" without any liability or obligation on the part of City to make any alterations, improvements or repairs of any kind on or about the Leased Premises.

13.01 Insurance to be Provided by Tenant. Tenant agrees to obtain and maintain in effect, at its own cost and expense, the following insurance coverage, which insurance shall provide primary coverage for the Improvements and the obligations of Tenant described in this Lease during the Term of this Lease and any extension thereof.

a) Comprehensive or commercial general liability insurance, obtained from one or more insurance companies licensed to do business in the State of California having a financial rating in Best’s Insurance Guide of at least A VII, protecting the City and the City’s council, commissions, boards, employees, volunteers and agents against any and all liability arising by reason of Tenant’s conduct relating to the use of the Leased Premises or resulting from any accident occurring on or about the roads, driveways or other public places, used by Tenant at the Airport, in an amount not less than Two Million Dollars ($2,000,000.00) each occurrence (i.e., non-aggregate program) for bodily injury and property damage, including contractual liability, independent contractors, broad-form property damage, sudden and accidental pollution if available, personal injury, products and completed operations. Such insurance coverage shall name the City, including its council, boards, commissions, and members thereof, its officers, employees, volunteers and agents, as an additional insured, and shall be primary and noncontributing with respect to any other insurance available to the City. The insurance policy shall also include a severability of interest (cross liability) clause, that is, it shall act as though a separate policy were written for each insured and additional insured named in the policy. The City must be afforded at least thirty (30) days’ prior written notice of cancellation or material change in coverage. All certificates of insurance providing proof of the coverage required under this Lease shall be signed by the insurer and not by a
broker.

b) A policy or policies of insurance against loss of or damage to or upon the Leased Premises, as well as Tenant’s furnishings, fixtures, inventory, personal property and equipment.

c) Liability coverage, if applicable, protecting the City and the City’s council, commissions, boards, employees, volunteers and agents against any and all liability covered thereby.

13.02 Approval of Insurance Coverage. Upon execution of this Lease, a copy of the insurance policy or policies required herein or, in lieu thereof, the face page of such policy or policies and any endorsements which limit or otherwise affect the coverage provided therein shall be delivered by Tenant to the City Manager, or his or her designee, for approval as to form and compliance with the provisions of this Article 13.

The City shall either approve the insurance policy or policies delivered by Tenant or

ZeroAvia Inc. Ground Lease Page 6 of 10
request adjustments to the same within two (2) business days of receipt from Tenant.

When such insurance policy or policies have been so approved, Tenant may substitute for same a certificate of insurance issued by the respective insurance company or companies certifying that such insurance policies are in full force and effect and that all liabilities arising out of or relating in any way to Tenant’s possession and use of the Leased Premises are covered by such insurance policy or policies. Notwithstanding any provisions to the contrary contained herein, Tenant is not entitled to take or remain in possession of the Leased Premises until such insurance policy or policies are filed with and approved by the City Manager.

13.03 Review of Insurance Coverage. City is entitled at any time during the term of this Lease to review the type, form and coverage limits of the insurance requirements. If in the opinion of the City, the insurance provisions of this Lease are not sufficient to provide adequate protection for the City and the members of the public using the Airport, the City may require Tenant to maintain insurance sufficient to provide such adequate protection. Insurance requirements shall be applied uniformly to all Tenants engaged in similar-type operations at the Airport, and such requirements shall be consistent with industry standards. City shall notify Tenant in writing of any reasonable changes in the insurance provisions necessary to provide adequate protection. If Tenant does not deposit acceptable certificates evidencing valid insurance policies that incorporate such changes within sixty (60) days of receipt of such notice, Tenant will be in default of this Lease. Notwithstanding the foregoing or any contrary provision elsewhere in this Lease, (i) the Tenant shall not be required to insure against loss due to earthquake, earth movement, subsidence or rising sea level, and (ii) to the extent any modified insurance coverage requirements the City seeks to impose under this Lease may not be imposed on any of Tenant’s sublease(s) under any unexpired sublease(s), the Tenant’s duty to comply with such modified insurance coverage requirements shall be suspended until such time as the then sublease(s) may be required by the Tenant to comply with such modified insurance coverage requirements by virtue of the renegotiation of the applicable sublease(s). The procuring of any insurance policies required under this Article 13 will not be construed to be a limit ation upon Tenant’s liability nor as a full performance of its part of the indemnification provisions of this Lease; Tenant’s obligation being, notwithstanding said policy or policies of insurance, the full and total amount of any damage, injury or loss caused by negligence or neglect connected with the Tenant’s operation under this Lease.

13.04 Hold Harmless Agreement. It is an express condition of this Lease that the City shall be free from any and all liabilities and claims for damages or suits for or by reason of any death(s) or injuries to any person or persons or damages to property of any kind whatsoever, including the Leased Premises, whether the person or property of Tenant, its agents or employees, or third persons, (a) from any cause or causes whatsoever while in or upon the Leased Premises or any part thereof during the Term of this Lease except as to injury or damage caused by City, its officers, employees, or agents; or (b) occasioned by any occupancy, maintenance, repair, improvement, or use of said property or any activity carried on by Tenant in connection therewith; and Tenant hereby covenants and agrees to indemnify and to save harmless the City from all liabilities,

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charges, expenses, attorney fees, and costs on account of or by reason of any such death(s), injuries, liabilities, claims, suits or losses, however occurring, or damages growing out of the same except as provided herein. The City shall immediately notify Tenant to resist and defend by retaining counsel at Tenant’s sole cost and expense, any action brought against the City subject to the provisions of this Section 13.04. The obligations of Tenant and City under this Section 13.04 shall survive the termination or expiration of this Lease.

It is an express condition of this Lease that City shall indemnify Tenant for any and all liabilities and claims for damages or suits for or by reason of any death(s) or injuries to any person or persons or damages to property of any kind whatsoever, including the Lease Premises and the Airport, whether caused by the City, its officers, contractors, employees or agents.

Insurance to be Provided by City. City agrees to obtain and maintain in effect, at its own cost and expense, at all times during the term of this Lease or any extension thereof, general commercial liability insurance providing coverage for the full replacement cost of the Improvements.

14.01 Right of Entry. Airport staff may enter the Leased Premises at any time for the purpose of eliminating Foreign Object Debris (FOD) and for the purpose of maintaining the area adjacent to the Leased Premises to include but not limited to mowing, weed abatement and pest control.

15.01 Waiver of Subrogation. All Tenant’s equipment insurance shall include a waiver of subrogation in favor of City, waiving Tenant’s right of subrogation against City, if any, by reason of any loss or damage while being provided use of the Leased Premises under the terms of this Lease. Tenant agrees to furnish City with a copy of said waiver of subrogation on or before the Effective Date of this Lease.

16.01 Possessory Interest Subject to Taxation. This Lease may create a real property possessory interest that may be subject to real property taxes levied on such interest. The payment of such tax is the sole obligation of Tenant, and payment of such tax shall not in any way reduce or substitute for any charges or fees required to be paid as a condition of this Lease or as otherwise required by City.

17.01 Indemnification. During the Term of this Lease, Tenant shall hold the City, its Council, its boards and commissions and members thereof, its officers, employees, volunteers, managers and agents harmless and free from any and all liability, damages, business interruptions, delays, losses, claims or judgments of any kind whatsoever, including all costs, attorney's fees and expenses incidental thereto arising out of or relating to Tenant's possession and use of the Leased Premises provided for in this Lease. Should the City be named in any suit, or should any claim be made against the City, whether the same be groundless or not, arising out of or relating to Tenant's possession and use of the Leased Premises, Tenant shall defend and indemnify the City and shall indemnify the City for any judgment rendered against the

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City or any sums paid out in settlement or otherwise.

18.01 Disclaimer of Liability. The City, its Council, its board and commissions and members thereof, its officers, employees, volunteers, managers and agents, hereby disclaim, and the Tenant hereby releases the City from any and all liability whether in contract or tort (including strict liability and negligence), for any loss , damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the Term of this Lease, including but not limited to, loss, damage or injury to aircraft or the property of tenant that may be located on the Leased Premises, unless such loss, damage or injury is caused by the City's gross negligence or intentional willful misconduct. The Parties hereby agree that under no circumstances shall the City be liable of indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Leased Premises under this Lease.

19.01 Casualty. In the event the Leased Premises, or the means of access thereto, shall be damaged by fire or any other cause and Leased Premises is not untenantable by such damage, the Rent payable shall remain due. If the Leased Premises is rendered untenantable and City elects to repair the Leased Premises, the Rent shall abate for the period during which such repairs are being made, provided the damage was not caused by the acts of omissions of Tenant, its employees, agents or invitees, in which case the Rent shall not abate.

20.01 War or National Emergency. This Lease and all provisions hereof shall be subject to whatever right the United States government has affecting the control, operation, regulation and taking over of the Airport by the United States government during a time of war or national emergency.

21.01 Compliance with Airport Rules and Regulations; State and Federal Law. Tenant shall comply with all current City Airport Rules and Regulations as set forth in Hollister Municipal Code Chapter 13.24, or as the same may be amended from time to time, and with all applicable state and federal laws, rules and regulations, now in force or that may be hereafter adopted.

22.01 Attorney's Fees and Costs. Should a dispute of the Parties not be resolved by negotiations or mediation, and in the event it should become necessary for either Party to enforce or interpret any of the terms and conditions of this Lease by means of court action or administrative enforcement, such action shall be brought in a court of proper jurisdiction in San Benito County. The prevailing Party, in addition to any other remedy available at law or in equity available to such Party, shall be awarded all reasonable costs and reasonable attorneys' fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorneys for the prevailing Party.

23.01 Force Majeure; Waiver. Tenant shall not be in default under this Lease in the event that the activities of Tenant are temporarily interrupted for any of the

ZeroAvia Inc. Ground Lease Page 9 of 10
following reasons: riot; war or national emergency declared by the President or Congress and affecting the City of Hollister; sabotage; civil disturbance; insurrection; explosion; natural disasters such as flood, earthquake, landslide or fire; strikes, lockout and other labor disturbance; or other catastrophic event which is beyond the reasonable control of Tenant. "Other catastrophic event" does not include the financial ability of Tenant to perform or failure of Tenant to obtain any necessary permits or licenses from the City or other governmental agency or the right to use facilities of any public entity where such failure occurs because Tenant has failed to exercise reasonable diligence.

24.01 Abandonment. Tenant shall not abandon the Leased Premises at any time during the Term of this Lease. If Tenant abandons, vacates, or surrenders the Leased Premises or is dispossessed of the Leased Premises by process of law or otherwise, any property belonging to Tenant and left on the Leased Premises shall be deemed, at the option of City, to be abandoned. Upon abandonment, Tenant shall be in default of this Lease and City shall be entitled to terminate this Lease, Tenant's rights in and to the Leased Premises in the manner hereinafter provided by this Lease.

25.01 Default. This Lease shall be breached if: a) Tenant defaults in payment of Rent; b) Tenant defaults in the performance of any other covenant herein, and such default shall continue for five (5) days after receipt by Tenant of notice thereof from City; c) Tenant shall cease to do business at Leased Premises; d) a petition is filed by or against Tenant under the Bankruptcy Act or any amendment thereto (including a petition for reorganization or an arrangement); or e) Tenant assigns any interest in its property located at the Leased Premises for the benefit of creditors.

In the event of any breach of this Lease by Tenant, City shall, at its option, have the right to terminate this Lease and to remove any property of Tenant from the Leased Premises in the manner provided by Law.

26.01 Notice Required to Terminate. Either Party to this Lease shall have the right, with or without cause, to terminate this Lease by giving thirty (30) days prior written notice to the other Party.

27.01 Notices. All notices required or permitted to be given under this Lease shall be in writing and shall be personally delivered or sent by email or United States certified mail, postage prepaid, return receipt requested, addressed as follows:

To City: City of Hollister Copy to: Airport Manager Attn: City Manager 60 Airport Drive
375 Fifth Street Hollister, California 95023
Hollister, California 95023 Telephone: (831) 636-4365
Telephone: (831) 636-4300 Email:

Email: [email protected]
[email protected]

ZeroAvia Inc. Ground Lease Page 10 of 10
To Tenant:

or to such other address as either Party may from time-to-time designate by notice to the other given in accordance with this section. Notice shall be deemed effective on the date personally served or sent by email or, if mailed, three (3) business days after the date such notice is deposited in the United States mail.

28.01 Heirs, Successors and Assigns. All the covenants, agreements, conditions and undertakings herein contained shall, subject to the provisions as to assignments, apply to and bind the representatives, heirs, executor, administrators, successors or assigns of all the Parties hereto; and all the Parties shall be jointly and severally liable hereunder.

29.01 Relationship of Parties. The relationship between City and Tenant shall always and only be that of lessor and lessee. Tenant shall never at any time during the Term of this Lease become the agent of City, and City shall not be responsible for the acts and omissions of Tenant, its employees or agents.

30.01 Remedies Cumulative. The rights and remedies with respect to any of the terms and conditions of this Lease shall be cumulative and not exclusive and shall be in addition to all other rights and remedies available to either Party in law or equity.

31.01 Integration. This Lease constitutes the entire agreement between the Parties, and as of its Effective Date supersedes all prior independent agreements between the Parties related to the lease of Leased Premises. Any change or modification hereof must be in writing signed by both Parties.

32.01 Waiver. The waiver by either Party of any covenant or condition of this Lease shall not thereafter preclude such Party from demanding performance in accordance with the terms hereof.

33.01 Severability. If a provision of this Lease shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the Parties to this Lease, the entire Lease shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the Parties.

IN WITNESS WHEREOF, the Parties have executed this Lease as of the day and year first written above.

CITY OF HOLLISTER: TENANT:

ZeroAvia Inc.
90 Skylane Suite 1
Hollister, Ca 95023
425-306-4305
Email: [email protected]

ZeroAvia Inc. Ground Lease Page 11 of 10

By: ___________________________________ ________________________________ David Mirrione, City Manager ZeroAvia Inc.

* Please note: Signature must be notarized.

ZeroAvia Inc. Ground Lease Page 12 of 10

EXHIBIT A
Leased Premises

ZeroAvia Inc. Ground Lease Page 13 of 10

EXHIBIT A
Leased Premises

ZeroAvia Inc. Ground Lease Page 14 of 10

EXHIBIT B
Improvements

1. Tenant shall level the Leased Premises to match, using the same materials and techniques, the adjacent apron.

2. Tenant shall import base rock and roll and compact the base rock.

3. Tenant shall apply “Super Trak” surface over the base rock.

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Manager-2024-34

AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN ASSOCIATION FOR FY 24/25 FOR THE CALIFORNIA MAINSTREET

PROGRAM IN DOWNTOWN HOLLISTER

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

RECOMMENDED ACTION: Adopt a resolution authorizing the Mayor to sign the Memorandum of Understanding (MOU) between the City of Hollister and Hollister Downtown Association for FY 24/25.

DISCUSSION: The Hollister Downtown Association, (the “Association”) is recognized as a 501© 6 non-profit organization. The Association’s Goals and Objectives are to enhance the economic viability of the Association by using financial assistance from the city pursuant to this Agreement to pay the living wages of essential staff in relation to the California Main Street Program in downtown Hollister. The Hollister Downtown Association will present 28 downtown community events per year as part of its scope of work with the City of Hollister.

The Association organizes one-day annual events in downtown Hollister including L ights on Parade, Street Festival & Car Show, Wine & Beer Stroll, Downtown Clean-up, and the Downtown Seasonal Certified Farmer’s Market - to include additional events listed on

with the city and allows the organization to budget with more certainty.

The Association agrees to pursue a variety of approaches to augment funding for its operations through membership dues and fees, obtaining sponsorships of Association events, programs, and grants. The MOU requires that HDA assist the city with communication and requires event annual reporting with having the Chief Executive Officer of the Association agree to meet at least monthly with the City Manager, provide four quarterly reports, and provide an annual report to the City Council on or before June 30th, 2025.

FISCAL IMPACT: An appropriation of $110,000 from Fund 101 (General Fund) was approved in the FY2024-25 budget. $20,000 of the appropriation is to be used to pay for various City fees associated with the events specified in the MOU.

PREVIOUS COUNCIL OR COMMISSION ACTION: An appropriation of $110,000 from Fund 101 (General Fund) was approved in the FY2024-25 budget.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Hollister Downtown Association – Memorandum of Understanding

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND HOLLISTER DOWNTOWN
ASSOCIATION FOR FY 24/25 FOR THE CALIFORNIA MAINSTREET

PROGRAM IN DOWNTOWN HOLLISTER

WHEREAS, the Hollister Downtown Association, (the “Association”) is recognized as a 501© 6 non-profit organization. The Association’s Goals and Objectives are to enhance the economic viability of the Association by using financial assistance from the city pursuant to this Agreement to pay the living wages of essential staff in relation to the California Main Street Program in downtown Hollister; and

WHEREAS, the Association will present 28 downtown community events per year as part of its scope of work with the City of Hollister; and

WHEREAS, the Association organizes one-day annual events in downtown Hollister including Lights on Parade, Street Festival & Car Show, Wine & Beer Stroll, Downtow n Clean-up, and the Downtown Seasonal Certified Farmer’s Market – to include additional events listed on Page 1 Section 4 of the MOU; and

WHEREAS, having a one-year MOU affirms the existing partnership with the city and allows the organization to budget with more certainty; and

WHEREAS, the Association agrees to pursue a variety of approaches to augment its operations through membership dues and fees, obtaining sponsorships of Association events, programs, and grants. The MOU requires that HDA assist th e city with event communication and requires event annual reporting with having the Chief Executive Officer of the Association agree to meet at least monthly with the City Manager, provide four quarterly reports, and provide an annual report to the City Council on or before June 30, 2025.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve a Memorandum of Understanding between the City of Hollister and Hollister Downtown Association for FY 2024/2025 for the California Mainstreet Program in downtown Hollister.

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 3, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Manager-2024-36

AGENDA ITEM: A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $8,600 FOR DIA

DE LOS MUERTOS DOWNTOWN CELEBRATION EVENTS

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

RECOMMENDED ACTION: Adopt a resolution authorizing Councilmember Resendiz to use City Council FY 24/25 budgeted discretionary funds in the amount of $8,600 for Dia de los Muertos downtown events.

DISCUSSION: In June 2023, The City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Councilmember Resendiz requests City Council approval to use budgeted discretionary funds in the amount of $8,600 to organize Dia de los Muertos downtown events and create a Hollister Downtown Association MOU Amendment No. 1, and a partnership between both organizations, Hollister Downtown Association and Audacity Performing Arts Hollister for these events.

FISCAL IMPACT: Amount not to exceed $8,600
FY 24/25 – 101-1105-730008 – Discretionary Funds District 2 Hollister Downtown Association - $5,000
Audacity Performing Arts Hollister - $2,500

PREVIOUS COUNCIL OR COMMISSION ACTION: Previous council action approved $5,000 in discretionary funds in FY 23/24.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Request Application – Resendiz – Dia de los Muertos - Signed

RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED
DISCRETIONARY FUNDS IN AN AMOUNT NOT TO EXCEED $8,600

FOR DIA DE LOS MUERTOS EVENTS IN DOWNTOWN HOLLISTER

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

NECESSARY AGREEMENTS

WHEREAS, the City Council adopted a Discretionary Fund Policy which governs the use of Council Discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents; and

WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Councilmember for the purpose of improving the quality of life for the residents of the City of Hollister; and

WHEREAS, as per Section 2.1C of the Discretionary Fund Policy, an approval of the City Council at a public City Council meeting; and

WHEREAS, Councilmember Resendiz requests City Council approval to use up to $8,600 of FY 24/25 budgeted discretionary funds for Dia de los Muertos events in downtown Hollister; and

WHEREAS, Dia de los Muertos events will be a partnership between Hollister Downtown Association, create an MOU Amendment No. 1, in partnership with Audacity Performing Arts Hollister for these events.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve Councilmember Resendiz to use City Council budgeted discretionary funds for Dia de los Muertos downtown events in partnership between Hollister Downtown Association and Audacity Performing Arts Hollister and authorize the City Manager to negotiate and execute the necessary agreements.

Not to exceed $8,600 - FY 24/25 - 101-1105-730008 - Discretionary Funds – District 2

Resolution No. 2024-XX

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 3, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Mia Casey, Mayor

ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

____
Jennifer Woodworth, MMC, City Clerk Mary F. Lerner, City Attorney

I, Jennifer Woodworth, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2024-XX is an original resolution, or true and correct copy of a City resolution, duly adopted by the Council of the City of Hollister at a regular meeting held on September 3, 2024 at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister on September 3, 2024.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister

Docusign Envelope ID: 5F9BA246-9411-43B5-89B6-1E7934A2F0D1 8/30/2024 | 12:58:25 PM PDT

STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 3, 2024
REPORT # City Manager-2024-32

AGENDA ITEM: A RESOLUTION AUTHORIZING THE USE OF CITY COUNCIL FY 24/25 BUDGETED DISCRETIONARY FUNDS IN THE AMOUNT OF $11,500 FOR

SECOND HOLLISTER NATIVE GATHERING EVENTS

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

RECOMMENDED ACTION: Adopt a resolution authorizing Councilmember Burns and Councilmember Perez to use City Council FY 24/25 budgeted discretionary funds in the amount not to exceed $11,500 in combined efforts in support of the Second Hollister Native Gathering events.

DISCUSSION: In June 2023, The City Council adopted a Discretionary Funds Policy, which governs the use of Council discretionary funds to benefit the community and/or by local organizations that provide community, environmental, and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister.

As per Section 2.1-2c of the Discretionary Fund Policy, approval of the City Council requires a majority vote of the City Council at a public City Council meeting.

Councilmember Burns and Councilmember Perez request City Council approval to use budgeted discretionary funds in the amount of $11,500 in combined efforts in support of the Second Hollister Native Gathering events and in partnership with Youth Alliance of Hollister and authorize the City Manager to negotiate and execute the necessary agreements.

FISCAL IMPACT: Amount not to exceed $11,500
FY 24/25 – 101-1105-730007 – Discretionary Funds District 1 ($5,750) FY 24/25 – 101-1105-730010 – Discretionary Funds District 4 ($5,750)

PREVIOUS COUNCIL OR COMMISSION ACTION: Previous council action approved $6,000 in discretionary funds in FY 23/24.

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. Request Application – Councilmember Perez

3. Request Application – Councilmember Burns