Ordinance No. XXXX
Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district-registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or
(b) Directly by the Secretary of the Interior in states with approved programs.
Landfill means a permitted location for the disposal, placement or dumping of garbage, trash, debris, junk or waste material.
Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from tempora ry flooding.
Levee system means a flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
Lowest floor means the lowest floor of an enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Map means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) for a community issued by the Flood Insurance Administration, Federal Emergency Management Agency.
Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
Ordinance No. XXXX
Minimum necessary related to Article VI, "Variance Procedure," of this chapter means the minimum necessary to afford. relief to the applicant of a variance with a minimum deviation from the requirements of this chapter. In the case of variances to an elevation requirement, this means the variance board need not grant permission for the applicant to build at grade, for example, or even to whatever elevation the applicant proposes, but only that level that the board believes will both provide relief and pres erve the integrity of the local ordinance.
New construction, for floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
Obstruction means and includes but is not limited to any dam, wall, wharf embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water or its likelihood of being carried downstream.
One hundred-year flood or 100-year flood means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter.
Principal structure means a structure used for the principal use of the property as distinguished from an accessory use.
Public safety and nuisances as related to Article VI, "Variance Procedure," of this chapter means the granting of a variance must not result in additional threats to public safety or create nuisances. This chapter is intended to help protect the health, safety, well-being and property of the local citizens. This is a long-range community effort made up of a combination of approaches such as adequate drainage systems, warning and evacuation plans, and keeping new property above the flood levels. These long-term goals can only be met if exceptions to the requirements of this chapter are kept to a bare minimum.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
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Regulatory floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Sheet flow area. See "area of shallow flooding."
Special flood hazard area (SFHA) means an area having special flood and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99 or AH.
Start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation s or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Variance means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
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Watercourse means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Prior code § 8A-5)
ARTICLE III. GENERAL PROVISIONS
15.20.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city.
(Prior code § 8A-6)
15.20.060 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study dated September 27, 1991, and the Flood Insurance Rate Map (FIRM) dated September 27, 1991, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This Flood Insurance Study and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The study and Flood Insurance Rate Maps (FIRMs) are on file at City Planning Department, 420 Hill Street, Hollister, California as well as the Office of the City Clerk, 375 Fifth Street, Hollister, California. (Prior code § 8A-7)
15.20.070 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Prior code § 8A-8)
15.20.080 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes.
(Prior code § 8A-9)
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15.20.090 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heigh ts may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on t he part of city, any officer or employee thereof, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(Prior code § 8A-10)
ARTICLE IV. ADMINISTRATION
15.20.100 Establishment of development permit.
A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section
15.20.060. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures. In zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; B. Proposed elevation in relation to mean sea level to which any structure will be floodproofed;
C. All appropriate certifications listed in Section 15.20.120(D); and D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Prior code § 8A-11)
15.20.110 Designation of the floodplain administrator.
The planning director is appointed to administer and implement this chapter by granting or denying development permits in accord with its provisions. (Prior code § 8A-12)
15.20.120 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the floodplain administrator shall include, but not be limited to:
A. Permit review:
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1. Review all development permits to determine that the permit requirements of this chapter have been satisfied,
2. All other required state and federal permits have been obtained,
3. The site is reasonably safe from flooding, and
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point;
B. Use of other base flood data: when base flood elevation data has not been provided in accordance with Section 15.20.060, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article V of this chapter. Any such information shall be submitted to the city council for adoption;
C. Whenever a watercourse is to be altered or relocated:
1. Notify adjacent communities and the California Department of Water Resources prior to such alternation or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency,
2. Require that the flood-carrying capacity of the altered or relocated portion of said watercourse is maintained;
D. Obtain and maintain for public inspection and make available as needed:
1. The certification required by Section 15.20.130(C)(1) (floor elevations),
2. The certification required by Section 15.20.130(C)(2) (elevations in areas of shallow flooding),
3. The certification required by Section 15.20.130(C)(3) (elevation or floodproofing of nonresidential structures),
4. The certification required by Section 15.20.130(C)(4)(a) or (b) (wet floodproofing standard),
5. The certification of elevation required by Section 15.20.180(B) (subdivision standards),
6. The certification required by Section 15.20.180(A) (floodway encroachments);
E. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Article VI of this chapter;
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F. Take action to remedy violations of this chapter as specified in Section
15.20.220.
(Prior code § 8A-13)
ARTICLE V. PROVISIONS FOR FLOOD HAZARD REDUCTION
15.20.130 Standards of construction.
In all areas of special flood hazards the following standards are required:
A. Anchoring.
1. All new construction, substantial improvements, and other proposed new development shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of Section
15.20.160.
B. Construction Materials and Methods.
1. All new construction, substantial improvement and other proposed new development shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction, substantial improvement and other proposed new development shall be constructed using methods and practices that minimize flood damage.
3. All new construction, substantial improvement and other proposed new development shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. All new construction, substantial improvement and other proposed new development shall require within zones AH or AO that adequate drainage paths around structures on slopes guide floodwaters around and away from proposed structures.
C. Elevation and Floodproofing.
1. New construction, substantial improvement and other proposed new development shall have the lowest floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (C)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
2. New construction, substantial improvement, and other proposed new development in zone AO shall have the lowest floor, including basement,
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elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (C)(3) of this section. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the floodplain administrator.
3. Nonresidential construction shall either be elevated to conform with subsection (C)(1) or (2) of this section or together with attendant utility and sanitary facilities:
a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the floodplain administrator.
4. For all new construction, substantial improvement and ot her proposed new development, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade (openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater); or b. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration, Federal Emergency Management Agency.
5. Manufactured homes shall also meet the standards in Section 15.20.160. (Prior code § 8A-14; Editorially amended during 1998 codification)
15.20.140 Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
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B. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
C. Other utilities are addressed at Sections 15.20.130(B) and 15.20.150(D). (Prior code § 8A-15)
15.20.150 Standards for subdivisions.
A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.
B. All final subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
(Prior code § 8A-16)
15.20.160 Standards for manufactured homes.
A. All manufactured homes that are placed or substantially improved within a special flood hazard area on the community's Flood Insurance Rate Map (1) outside of a manufactured home park or subdivision, (2) in a new manufactured home park or subdivision, (3) in an expansion to an existing manufactured home park or subdivision (4) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision on the community's Flood Insurance Rate Map that are not subject to the p rovisions of subsection A of this section will be elevated so that either:
1. The lowest floor of the manufactured home is at or above the base flood elevation; or
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist floatation, collapse, and lateral movement.
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(Prior code § 8A-17)
15.20.170 Standards for recreational vehicles.
All recreational vehicles placed on sites within a floodplain shown on the community's Flood Insurance Rate Map will either:
A. Be on the site for fewer than 180 consecutive days;
B. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of Article IV of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.20.160. (Prior code § 8A-18)
15.20.180 Floodways.
Located within areas of special flood hazard established in Section 15.20.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;
B. If subsection A of this section is satisfied, all new construction, substantial improvement and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this article. (Prior code § 8A-19)
ARTICLE VI. VARIANCE PROCEDURE
15.20.190 Nature of variances.
The variance criteria set forth in this article of this chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Though these standards vary from jurisdiction to jurisdiction, in general, a properly issued variance is granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the st ructure, its inhabitants, or the property owners. It is the duty of the city council to help protect its citizens from flooding. This need is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. Therefore, the variance guidelines provided in this article are more detailed and contain multiple
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provisions that must be met before a variance can be p roperly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
(Prior code § 8A-20)
15.20.200 Appeal board.
A. Any person aggrieved by any decision of the floodplain administrator may, within 15 days after the date of such decision, appeal such decision to the planning commission of the city who shall hear and decide all appeals and requests for variances from the requirements of this chapter.
B. The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter.
C. In passing upon such applications, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger of life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use which ar e not subject to flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.
D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood
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insurance up to amounts as high as $25.00 for $100.00 of insurance co verage and (2) such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the floodplain board in the office of the San Benito County recorder and shall be recorded in a manner so that it ap pears in the chain of title of the affected parcel of land.
E. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(Prior code § 8A-21)
15.20.210 Conditions for variances.
A. Generally, variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Articles IV and V of this chapter have been fully considered. As the lot size increases beyond one -half acre, the technical justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of historic structures (as defined in Article II of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. Variances shall only be issued upon a determination that the variance is the minimum necessary (as defined in Article II of this chapter) considering the flood hazard, to afford relief.
E. Variances shall only be issued upon (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship (as defined in Article II of this chapter) to the applicant; and (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances (as defined in Article II of this chapter), cause fraud or victimization (as defined in Article II of this chapter) of the public, or conflict with existing local laws or ordinances.
F. Variances may be issued for new construction, substantial improvement and other proposed new development provided that the provisions of subsections A through E of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
G. Upon consideration of the factors of Section 15.20.200(C) and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
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(Prior code § 8A-22)
ARTICLE VII. VIOLATION—PENALTY
15.20.220 Violation—Penalty.
No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Prior code § 8A-23)
CHAPTER 15.22 WATER EFFICIENT LANDSCAPE1
15.22.010 Purpose.
A. The city council affirms the findings of the state legislature as fo llows:
1. That the waters of the state are of limited supply and are subject to ever increasing demands;
2. That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
3. That it is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and
5. That landscape design, installation, maintenance and management shall be water efficient; and
6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.
B. The city council affirms that consistent with the findings of the state legislature, the purpose of this chapter is to:
1. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
1Note(s)—Government Code Sections 65591.2, 65591.5, 65592, 65594, 65595, 65599 and 66696.5.
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2. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
3. Establish provisions for water management practices and water waste prevention for existing landscapes;
4. Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;
5. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
6. Encourage the use of economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and
7. Encourage cooperation between the city of Hollister, the Sunnyslope water district, and other local agencies to enforce the provisions of this chapter. (Ord. 1055, § 1, 2009)
15.22.020 Applicability.
A. After January 1, 2010, this chapter shall apply to all of the following landscape projects:
1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equa l to or greater than 2,500 square feet;
2. New construction and rehabilitated landscapes which are developer-installed in single-family and multifamily projects with a landscape area equal to or greater than 2,500 square feet;
3. New construction landscapes, which are homeowner-provided and/or homeowner-hired in single-family and multifamily residential projects with a total project landscape area equal to or greater than 5,000 square feet;
4. Existing landscapes limited to Sections 15.22.220, Provisions for existing landscapes, 15.22.230, Irrigation audit, irrigation survey, irrigation water use analysis, and 15.22.240, Water waste prevention;
5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections
15.22.080, Water efficient landscape worksheet, 15.22.150, Landscape and irrigation maintenance schedule, 15.22.230, Irrigation audit, irrigation survey, and irrigation water use analysis; and existing cemeteries are limited to Sections 15.22.220, Provisions for existing landscapes, 15.22.230, Irrigation audit, irrigation survey, irrigation water use analysis, and 15.22.240, Water waste prevention.
B. This chapter does not apply to:
1. Registered local, state or federal historical sites;
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2. Ecological restoration projects that do not require a permanent irrigation system;
3. Mined-land reclamation projects that do not require a permanent irrigation system; or
4. Plant collections, as part of botanical gardens and arboretums op en to the public.
(Ord. 1055, § 1, 2009)
Note(s)—Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
15.22.030 Definitions.
The terms used in this ordinance have the meaning set forth below:
Applied water means the portion of water supplied by the irrigation system to the landscape.
Automatic irrigation controller means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
Backflow prevention device means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
Certificate of completion means the document required under Section 15.22.130, Certificate of completion.
Certified irrigation designer means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.
Certified landscape irrigation auditor means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's Water Sense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.
Check valve or anti-drain valve means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
Common interest developments means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
Conversion factor (0.62) means the number that converts acre-inches per acre per year to gallons per square foot per year.
Drip irrigation means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems
Ordinance No. XXXX
are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Effective precipitation or usable rainfall (Eppt) means the portion of total precipitation, which becomes available for plant growth.
Emitter means a drip irrigation emission device that delivers water slowly from the system to the soil.
Established landscape means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
Establishment period of the plants means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.
Typically, most plants are established after one or two years of growth.
Estimated total water use (ETWU) means the total water used for the landscape as described in Section 15.22.080, Water efficient landscape worksheet.
ET adjustment factor (ETAF) means a factor of 0.7, that, when applied to refere nce evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is
0.71. Therefore, the ET adjustment factor is (0.7)=(0.5/0.71). ETAF for a special landscape area shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is
0.8. Evapotranspiration rate (ETo) means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
Flow rate means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
Hardscapes means any durable material (pervious and nonpervious).
Homeowner-provided landscaping means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner- occupied dwellings.
Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
Infiltration rate means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a regional district noxious weed
Ordinance No. XXXX
control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
Irrigation audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
Irrigation efficiency (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this ordinance is
0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.
Irrigation survey means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
Irrigation water use analysis means an analysis of water use data based on meter readings and billing data.
Landscape architect means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.
Landscape area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation.
The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone wa lks, other pervious or nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscape contractor means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape application package means the documents required under Section
15.22.070.
Landscape project means the total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section
15.22.020, Applicability.
Lateral line means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
Local water purveyor means any entity, including a public agency such as the Sunnyslope County water district, the city of Hollister or private water company that provides retail water service.
Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
Ordinance No. XXXX
Main line means the pressurized pipeline that delivers water from the water source to the valve or outlet.
Maximum applied water allowance (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 15.22.080. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.
Microclimate means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.
Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
Mulch means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
New construction, for the purposes of this chapter, means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
Operating pressure means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
Overhead sprinkler irrigation systems mean systems that deliver water through the air (e.g., spray heads and rotors).
Overspray means the irrigation water, which is delivered beyond the target area.
Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.
Plant factor or plant water use factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." Precipitation rate means the rate of application of water measured in inches per hour.
Project applicant means the individual or entity submitting a landscape application package required under Section 15.22.070, Elements of the landscape application
Ordinance No. XXXX
package, to request a permit, plan check, or design review from the city of Hollister. A project applicant may be the property owner or designee.
Public agency means any city, county or special purpose district, state board or department, educational institution or other state agency which is created pursuant to statute.
Rain sensor or rain sensing shutoff device means a component which automatically suspends an irrigation event when it rains.
Record drawing or as-builts means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
Recreational area means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.
Recycled water,reclaimed water or treated sewage effluent water means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration or ETo means a standard measurement of environmental parameters that affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Table 15.22 -1 of Section 15.22.080, Water efficient landscape worksheet, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.
Rehabilitated landscape means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 15.22.020, Applicability, and the modified landscape area is equal to or greater than 2,500 square feet, is 50 percent of the total landscape area, and the modifications are completed within one year.
Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
Soil moisture sensing device or soil moisture sensor means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
Soil texture means the classification of soil based on its percentage of sand, silt, and clay.
Special landscape area (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
Sprinkler head means a device which delivers water through a nozzle.
Static water pressure means the pipeline or municipal water supply pressure when water is not flowing.
Ordinance No. XXXX
Station means an area served by one valve or by a set of valves that operate simultaneously.
Swing joint means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
Valve means a device used to control the flow of water in the irrigation system.
Water conserving plant species means a plant species identified as having a low plant factor.
Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
Watering window means the time of day irrigation is allowed.
WUCOLS means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.
(Ord. 1055, § 1, 2009)
15.22.040 Provisions for implementation of new construction or rehabilitated landscapes.
The city of Hollister may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. It is the intention of the city of Hollister to collaborate with water purveyors to define each entity's s pecific responsibilities relating to this chapter.
(Ord. 1055, § 1, 2009)
15.22.050 Compliance with landscape application package.
A. Prior to new construction or rehabilitation of landscapes subject to this chapter, the city of Hollister shall:
1. Provide the project applicant with the requirements of this chapter and procedures for permits, plan checks, or design reviews;
2. Review the landscape application package submitted by the project applicant;
3. Approve or deny the landscape application package;
Ordinance No. XXXX
4. Issue a permit or approve the plan check or design review for the project applicant;
5. Upon approval of the landscape application package, submit a copy of the water efficient landscape worksheet to the local water purveyor; and
6. Pay appropriate fees as established by city council.
B. Prior to new construction or rehabilitation of landscapes subject to this chapter, the project applicant shall submit a water efficient landscape plan to the city of Hollister.
C. Upon approval of the water efficient landscape plan by the city of Hollister or the city's designee, the project applicant shall:
1. Receive a permit for the approved water efficient landscape plan and record the date of the permit in the certificate of completion;
2. Submit a copy of the approved water efficient landscape plan along with the record drawings, and any other information to the property owner or designee ;
3. Submit a copy of the water efficient landscape worksheet to the city of Hollister and the water purveyor; and
4. File certificate of completion with the city of Hollister. (Ord. 1055, § 1, 2009; Ord. 1083, § 1, 2012)
15.22.060 Penalties.
Any person violating any of the provisions of this chapter shall be guilty of an infraction.
(Ord. 1055, § 1, 2009)
15.22.070 Elements of the water efficient landscape plan application package.
A. The water efficient landscape plan application package shall include the following six elements:
1. Project information.
a. Date,
b. Project applicant,
c. Project address (if available, parcel and/or lot number(s)), d. Total landscape area (square feet),
e. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),
f. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well, g. Checklist of all documents in landscape application package, h. Project contacts to include contact information for the project applicant and property owner,
Ordinance No. XXXX
i. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Application Package.";
2. Water efficient landscape worksheet.
a. Hydrozone information table,
b. Water budget calculations.
i. Maximum applied water allowance (MAWA),
ii. Estimated total water use (ETWU);
3. Soil management report;
4. Landscape design plan;
5. Irrigation design plan; and
6. Grading design plan.
(Ord. 1055, § 1, 2009)
15.22.080 Water efficient landscape worksheet.
A. A project applicant shall complete the water efficient landscape worksheet, which contains two sections on a form that will be provided by the city of Hollister. At a minimum, the water efficient landscape worksheet shall include the following contents:
1. A hydrozone information table for the landscape project; and
2. A water budget calculation for the landscape project. For the calculation of the maximum applied water allowance and estimate d total water use, a project applicant shall use the annual evapotranspiration (ETo) values from the reference evapotranspiration in Table 15.22 -1 as shown.
Table 15.22-1 Reference Evapotranspiration (ETo) Table* County
and
City
Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Annual ETo
Hollister 1.5 1.8 3.1 4.3 5.5 5.7 6.4 5.9 5.0 3.5 1.7 1.1 45.1
* The values in this table were derived from:
1. California Irrigation Management Information System (CIMIS);
2. Reference Evapotranspiration Zones Map, UC Department of Land, Air and Water Resources and California Department of Water Resources 1999; and
3. Reference Evapotranspiration for California, University of California, Department of Agriculture and Natural Resources (1987) Bulletin 1922.
4. Determining Daily Reference Evapotranspiration, Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426.
Ordinance No. XXXX
B. Water budget calculations shall adhere to the following requirements:
1. The plant factor used shall be from Water Use Classification of Landscape Species (WULCOLS) published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.
3. All special landscape areas shall be identified and their water use calculated as described below.
The evapotranspiration adjustment factor (ETAF) for special landscape areas (SLA) shall not exceed 1.0.
4. The maximum applied water allowance (MAWA) shall be calculated using the following equation for applications with special landscape areas (SLA):
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
a. Example calculations. The example calculations below are hypothetical to demonstrate proper use of the equations and do not represent an existing or planned landscape project. The annual evapotranspiration (ETo) values used in these calculations are from the reference evapotra nspiration rate of 45.1 for the Hollister area in Table 15.22-1, for planning purposes only.
For actual irrigation scheduling, automatic irrigation controllers are required to use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data.
Example 1: A 50,000 square foot commercial landscape project with no special landscape area:
Maximum Applied Water Allowance (MAWA) in Hollister with an irrigated landscape area of 50,000 square feet without any special landscape area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Hollister is 45.1 inches as listed in the reference evapotranspiration Table 15-22-1.
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA = Maximum applied water allowance (gallons per year) ETo = Reference evapotranspiration (inches per year)
0.62 = Conversion factor (to gallons)
0.7 = ET adjustment factor (ETAF)
LA = Landscape area including SLA (square feet)
0.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
MAWA = (45.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 978,600 gallons per year
= 27.96 x [35,000 + 0] gallons per year
Ordinance No. XXXX
= 27.96 x 35,000 gallons per year
MAWA = 978,600 gallons per year
To convert from gallons per year to hundred-cubic-feet per year:
978,600/748 = 1,308 hundred-cubic-feet per year (100 cubic feet = 748 gallons)
Example 2. In this next hypothetical example, the landscape project in Hollister, CA has the same ETo value of 45.1 inches and a total landscape area of 50,000 square feet.
Within the 50,000 square foot project, there is now a 2,000 square foot a rea planted with edible plants. This 2,000 square foot area is considered to be a special landscape area.
MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
MAWA = (45.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)]
= 27.96 x [35,000 + 600] gallons per year
= 27.96 x 35,600 gallons per year
= 995,376 gallons per year or 1,331 hundred -cubic-feet per year
5. Estimated Total Water Use (ETWU). The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed the maximum applied water allowance (MAWA).
ETWU = (Eto)(0.62)[(PF x HA/IE) + SLA]
Where:
ETWU = Estimated total water use per year (gallons)
ETo = Reference evapotranspiration (inches per year)
PF = Plant factor from WUCOLS (1 )
HA = Hydrozone area [high, medium, and low water use areas] (square feet) SLA = Special landscape area (square feet)
0.62 = Conversion factor
IE = Irrigation efficiency (minimum 0.71)
1 A plant factor or plant water use factor is a factor, when multiplied by the reference evapotranspiration rate ETo, estimates that amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to
0.6 and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification for Landscape Species." Example 1. ETWU Calculation. Landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is
45.1 inches per year. There are no special landscape areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example.
Hydrozone Plant Water
Use Type(s)
Plant Factor
(PF)*
Hydrozone
Area (HA)
(square feet)
PF x HA
(square feet)
Ordinance No. XXXX
1 High 0.8 7,000 5,600
2 High 0.7 10,000 7,000
3 Medium 0.5 16,000 8,000
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 24,000
* Plant Factor from WUCOLS
ETWU = (45.1)(0.62)[(24,700/0.71) + 0]
= 27.96 x [(34,789 + 0)] gallons per year
= 27.96 x 34,789 gallons per year
ETWU = 972,700 gallons per year
Compare ETWU with MAWA: For this example MAWA = (45.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] = 978,600 gallons per year. The ETWU (972,700 gallons per year) is less than MAWA (978,600 gallons per year). In this example, the water budget complies with the MAWA.
Example 2. ETWU Calculation. Total landscape area is fifty thousand (50,000) square feet, two thousand (2,000) square feet of which is plante d with edible plants. The edible plant area is considered a special landscape area (SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below.
Hydrozone Plant Water
Use Type(s)
Plant Factor
(PF)*
Hydrozone
Area (HA)
(square feet)
PF x HA
(square feet)
1 High 0.8 7,000 5,600
2 High 0.7 9,000 6,300
3 Medium 0.5 15,000 7,500
4 Low 0.3 7,000 2,100
5 Low 0.2 10,000 2,000
Sum 23,500
6 SLA 1.0 2,000 2,000
* Plant Factor from WUCOLS
ETWU = (45.1)(0.62)[(23,500/0.71) + 2,000]
=(27.96)(32,394 + 2,000)
=27.96 x 34,394 gallons per year
ETWU = 961,656 gallons per year
Compare ETWU with MAWA. For this example:
MAWA = (45.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)]
= 27.96 x [35,000 + 600]
= 27.96 x 35,600
= 995,376 gallons per year
Ordinance No. XXXX
The ETWU (961,656 gallons per year) is less than MAWA (995,376 gallons per year). For this example, the water budget complies with the MAWA. (Ord. 1055, § 1, 2009)
Note(s)—Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.
15.22.090 Soil management report.
In order to reduce runoff and encourage healthy plant growth, the project applicant, or designee shall provide a soil management report, as follows:
A. Submit soil samples to a laboratory for analysis and recommendations.
1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
2. The soil analysis shall include:
a. Soil texture;
b. Infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. PH;
d. Total soluble salts;
e. Sodium;
f. Percent organic matter; and
g. Recommendations.
B. The project applicant, or designee, shall comply with one of the following:
1. If significant mass grading is not planned, the soil analysis report shall be submitted to the city of Hollister as part of the landscape application package.
2. If significant mass grading is planned, the soil analysis report shall be submitted to the city of Hollister as part of the certificate of completion.
3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
4. The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the city of Hollister with certificate of completion.
(Ord. 1055, § 1, 2009)
Ordinance No. XXXX
15.22.100 Landscape design plan.
For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape application package.
A. Plant Material.
1. Any plant may be selected for the landscape, providing the estimated total water use (ETWU) in the landscape area does not exceed the maximum applied water allowance (MAWA). To ensure the efficient use of water, the following shall be considered:
a. Protection and preservation of native species and natural vegetation; b. Selection of water-conserving plant and turf species; c. Selection of plants based on disease and pest resistance; d. Selection of street trees based on applicable local tree ordinances or tree shading guidelines; and
e. Selection of plants from local and regional landscape program plant lists.
2. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 15.22.110(A)(2)(d), Irrigation design.
3. Plants shall be selected and planted appropriately based u pon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following shall be considered:
a. Use the Sunset Western Climate Zone System, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; b. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); and c. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
4. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).
5. The use of invasive and/or noxious plant species is strongly discouraged.
6. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low water-use plants as a group.
Ordinance No. XXXX
B. Water Features.
1. Recirculating water systems shall be used for water features.
2. Where available, recycled water shall be used as a source for decorative water features.
3. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
4. Pool and spa covers are required.
C. Mulch and Amendments.
1. A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
2. Stabilizing mulching products shall be used on slopes.
3. The mulching portion of the seed/mulch slurry in hydroseeded applications shall meet the mulching requirement.
4. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section
15.22.090, Soil management report).
D. Landscape Design Plan Contents. The plan shall include the following information:
1. Delineate and label each hydrozone by number, letter, or other method;
2. Identify each hydrozone as low, moderate, high water, or mixed water use.
Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
3. Identify special landscape areas.
a. Recreational areas,
b. Areas permanently and solely dedicated to edible plants, c. Areas irrigated with recycled water;
4. Identify type of mulch and application depth;
5. Identify soil amendments, type, and quantity;
6. Identify type and surface area of water features;
7. Identify hardscapes (pervious and nonpervious);
8. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are required in the landscape design plan and examples include, but are not limited to:
a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground,
Ordinance No. XXXX
b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants, and
c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;
9. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.);
10. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and
11. Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
(Ord. 1055, § 1, 2009)
15.22.110 Irrigation design plan.
A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape application package.
1. System.
a. Dedicated landscape water meters are highly recommended but not required on landscape areas smaller than 5,000 square feet to facilitate water management.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems.
c. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's pressure range for optimal performance.
i. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
ii. Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available
Ordinance No. XXXX
at the design stage, the measurements shall be conducted at installation.
d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation shall be avoided during windy or freezing weather or during rain.
e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) are required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system for landscaping at commercial, industrial, public, institutional and for common areas at residential development. A project applicant shall refer to the city of Hollister engineering department for backflow prevention requirements. g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are required.
h. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
i. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
k. The irrigation system shall be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section
15.22.080, Water efficient landscape worksheet, regarding the maximum applied water allowance.
l. The project applicant shall inquire for information from their local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
m. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
n. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
o. Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations and minimize overspray.
Ordinance No. XXXX
p. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas. q. Check valves or anti-drain valves are required for all irrigation systems. r. Narrow or irregularly shaped areas, including turf, less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system.
s. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
i. The landscape area is adjacent to permeable surfacing and no runoff occurs; or
ii. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
iii. The irrigation designer specifies an alternative design or technology, as part of the landscape application package and clearly demonstrates strict adherence to irrigation system design criteria in subsection (A)(1)(h). Prevention of overspray and runoff shall be confirmed during the irrigation audit.
t. Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the water efficient landscape application package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion shall be confirmed during the irrigation audit.
2. Hydrozone.
a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf.
d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
i. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
ii. The plant factor of the higher water using plant is used for calculations.
e. Individual hydrozones that mix high and low water use plants shall not be permitted.
Ordinance No. XXXX
f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation and correlated to a hydrozone information table provided by the city of Hollister. On the irrigation design plan, designate the areas irrigated by each valve and assign a number to each valve. Use this valve number in the hydrozone information table provided by the city of Hollister. This table can also assist with the irrigation audit and programming the controller.
B. The irrigation design plan shall contain:
1. Location and size of separate water meters for landscape;
2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
3. Static water pressure at the point of connection to the public water supply;
4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
5. Recycled water irrigation systems as specified in Section 15.22.180, Recycled water;
6. The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and
7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
(Ord. 1055, § 1, 2009)
15.22.120 Grading design plan.
A. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape application package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
a. Height of graded slopes;
b. Drainage patterns;
c. Pad elevations;
d. Finish grade; and
e. Storm water retention improvements, if applicable.
Ordinance No. XXXX
2. To prevent excessive erosion and runoff, project applicants shall consider:
a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
b. Avoid disruption of natural drainage patterns and undisturbed soil; and c. Avoid soil compaction in landscape areas.
3. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and will bear the signature of a licensed professional as authorized by law.
(Ord. 1055, § 1, 2009)
15.22.130 Certificate of completion.
A. The certificate of completion shall be prepared on a form provided by the city of Hollister and shall include the following six elements:
1. Project information sheet that contains:
a. Date,
b. Project name,
c. Project applicant name, telephone, and mailing address, d. Project address and location; and permit number,
e. Property owner name, telephone, and mailing address;
2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape application package.
Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;
3. Irrigation scheduling parameters used to set the controller (see Section
15.22.140, Irrigation scheduling);
4. Landscape and irrigation maintenance schedule (see Section 15.22.150, Landscape and irrigation maintenance schedule);
5. Irrigation audit report (see Section 15.22.160, Irrigation audit, irrigation survey, and irrigation water use analysis); and
6. Soil analysis report, if not submitted with a landscape application package and documentation verifying implementation of soil report recommendations (see Section 15.22.090, Soil management report).
B. The project applicant shall:
1. Submit the signed certificate of completion to the city of Hollister for review;
2. Ensure that copies of the approved certificate of completion are submitted to the city of Hollister, the water purveyor, and property owner or designee.
C. The city of Hollister shall:
Ordinance No. XXXX
1. Receive the signed certificate of completion from the project applicant;
2. Approve or deny the certificate of completion. If the certificate of completion is denied, the city of Hollister shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
(Ord. 1055, § 1, 2009)
15.22.140 Irrigation scheduling.
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain p lant health. Irrigation schedules shall meet the following criteria:
1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the city of Hollister or Sunnyslope water district, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
3. For implementation of the irrigation schedule, particular attention shall be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.
Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. The plant establishment period;
b. The established landscape; and
c. Temporarily irrigated areas.
5. Each irrigation schedule shall consider for each station all of the following that apply:
a. Irrigation interval (days between irrigation);
b. Irrigation run times (hours or minutes per irrigation event to avoid runoff); c. Number of cycle starts required for each irrigation event to avoid runoff; d. Amount of applied water scheduled to be applied on a monthly basis; e. Application rate setting;
f. Root depth setting;
g. Plant type setting;
h. Soil type;
i. Slope factor setting;
Ordinance No. XXXX
j. Shade factor setting; and
k. Irrigation uniformity or efficiency setting.
(Ord. 1055, § 1, 2009)
15.22.150 Landscape and irrigation maintenance schedule.
A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.
B. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and detaching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices.
Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
C. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.
D. A project applicant shall consider the implementation of sustainable or environmentally friendly practices for overall landscape maintenance. (Ord. 1055, § 1, 2009)
15.22.160 Irrigation audit, irrigation survey, and irrigation water use analysis.
A. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
B. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 15.22.020, Applicability:
1. The project applicant shall submit an irrigation audit report with the certificate of completion to the city of Hollister that may include, but is not limited to:
inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule;
2. The city of Hollister and its designee shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (Ord. 1055, § 1, 2009)
15.22.170 Irrigation efficiency.
For the purpose of determining maximum applied water a llowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71.
(Ord. 1055, § 1, 2009)
Ordinance No. XXXX
15.22.180 Recycled water.
A. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in subsection B of this section.
B. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the city of Hollister or Sunnyslope water district stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.
C. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and state laws.
D. Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for special landscape areas shall not exceed 1.0. (Ord. 1055, § 1, 2009)
15.22.190 Stormwater management.
A. Stormwater management practices minimize runoff and increase infiltration, which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration is required.
B. Project applicants shall refer to the city of Hollister or regional water quality control board for information on any applicable stormwater ordinance s and stormwater management plans.
C. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are required.
(Ord. 1055, § 1, 2009)
15.22.200 Public education.
A. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water shall be considered in the community.
1. The city of Hollister and its designee(s) shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes.
B. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.
1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.
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2. Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
(Ord. 1055, § 1, 2009)
15.22.210 Environmental review.
The city of Hollister shall comply with the California Environmental Quality Act (CEQA), as appropriate.
(Ord. 1055, § 1, 2009)
15.22.220 Provisions for existing landscapes.
The city of Hollister may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.
(Ord. 1055, § 1, 2009)
15.22.230 Irrigation audit, irrigation survey, and irrigation water use analysis.
A. This section shall apply to all existing landscapes that were installed before January 1, 2010 which are over one acre in size.
1. For any landscape referenced by this subsection that has a water meter, the city of Hollister and its designee shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62).
2. For all landscape referenced by this subsection, that does not have a meter, the city of Hollister shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
(Ord. 1055, § 1, 2009)
15.22.240 Water waste prevention.
A. The city of Hollister shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally.
Ordinance No. XXXX
B. Restrictions regarding overspray and runoff may be modified if:
1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or
2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
(Ord. 1055, § 1, 2009)
15.22.250 Effective precipitation.
A local agency may consider effective precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance (MAWA):
MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)].
(Ord. 1055, § 1, 2009)
CHAPTER 15.24 GRADING AND STORMWATER BEST MANAGEMENT
PRACTICES CONTROL
ARTICLE I. GENERAL PROVISIONS
15.24.010 Title.
This chapter shall be known as the "Grading and Stormwater Best Management Practices Control Ordinance."
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.1, 2018)
15.24.020 Purpose.
The purpose of this chapter is to provide safe grading operations, to safeguard life, limb, and property, and to preserve and enhance the natural environment, including, but not limited to, water quality, by the regulation of clearing and grading, and the regulation of design, construction, and installation of improvements, on private property and property owned by public agencies located within the boundaries of the city of Hollister. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.2, 2018)
15.24.030 Scope.
This chapter sets forth rules and regulations to control land disturbances, land cuts and fills, soil storage, and erosion and sedimentation resulting from clearing and grading activities. This chapter establishes procedures for issuance, administration and enforcement of a grading permit.
(Ord. 1053, ,§ 1, 2009)
Ordinance No. XXXX
15.24.040 Definitions.
For the purposes of this chapter, the following words and phrases sha ll have the meanings respectively ascribed to them by this section:
Applicant means any person, corporation, partnership, association of any type, or any other legal entity submitting an application to the city engineer for a permit pursuant to this chapter.
As-graded means the vertical elevations and cross sections of the ground surface conditions upon completion of grading.
Bedrock means in-place solid rock.
Bench means a relatively level step excavated into earth material on which fill is to be placed.
Best management practices (BMPs) mean and include, but not limited to, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent, eliminate, or reduce the pollution of waters of the U.S., waters of the state, and local waterways. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage, or other requirements as determined by the city engineer.
BMP manual means a compilation of best management practices approved by the city engineer to provide general guidance for selecting and implementing BMPs to reduce pollutants in runoff from construction sites, newly developed areas and redeveloped areas, municipal facilities, and industrial facilities and selected commercial businesses to waters of the U.S., waters of the state, and local waterways.
Borrow means earth material acquired from an off-site location for use in grading on a site.
City engineer means the person responsible for the administrative and operational control of grading activities and for the construction and installation of improvements activities in the city of Hollister and duly authorized designees.
Civil engineer means an engineer experienced and knowledgeable in civil engineering and certified as a professional engineer by the state of California to practice civil engineering.
Civil engineering means the application of the knowledge of the forces of nature, principals of mechanics, and the properties of materials to the evaluation, design, and construction of civil works for the beneficial uses of mankind.
Compaction means the densification of a fill by mechanical means.
Construction stormwater BMP control plan (CSCP) means a set of BMPs or equivalent measures on a particular site during the period in which pre -construction and construction-related land disturbances, fills, and soil storage occur, and before final improvements are completed.
Development means the process of adding improvements to a parcel of land.
Downdrain means a conduit used to safely transport a concentration from one elevation to another along the face of a cut or fill slope without causing slope erosion.
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Drainageway means a natural or manmade channel, which collects and intermittently or continuously conveys stormwater runoff.
Earth material means any rock, natural soil, or fill, or combination thereof.
Engineering geologist means a geologist experienced and knowledgeable in engineering geology and certified by the state of California to practice engineering geology.
Engineering geology means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
Erosion means the wearing away of the land surface by wind or water. Erosion occurs naturally from weather or runoff but can be intensified by land -clearing practices related to farming, new development, redevelopment, road building, or timber cutting.
Grade means the vertical location of the ground surface.
A. Existing Grade. The ground elevation prior to grading.
B. Rough Grade. The elevation of the ground that approximately conforms to the approved grading.
C. Finished Grade. The final ground elevation of the site, which conforms to the approved plan.
Grading means any land disturbance or cut or fill, or combination thereof.
A. Engineered Grading. All grading in excess of 5,000 cubic yards performed in accordance with the approved grading plan prepared by a civil engineer.
B. Regular Grading. All grading involving 5,000 cubic yards or less.
Grading permit (or permit) means an approval issued by the city engineer under this chapter for land disturbance, cutting or filling of a slope or any combination thereof.
Grading plan (or improvement plans) means a drawing or representation of a construction site showing existing and proposed topography, environmental controls, demolition, and improvements to land.
Improvements mean activities such as grading, or subdivision improvements installed and constructed in subdivisions, or the addition of drainage, access, roads, underground utilities, street improvements, water system improvements, sanitary sewer improvements, storm drainage facilities, landscaping, recreational facilities, or structures to a parcel of land.
Interceptor drain means a swale, ditch, or channel, which runs parallel to the top of a cut or fill slope and used to divert stormwater runoff in an effort to minimize slope erosion over the face of the cut or fill slope.
Key means a designed compacted fill placed in a trench excavated in earth material beneath the base of a proposed fill slope.
Land disturbance/land-disturbing activities mean any moving or removing by manual or mechanical means of the soil mantle or top six inches of soil, whichever is shallower, including but not limited to grading.
Land fill means any human activity depositing soil or other earth materials.
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Letter of acceptance means a document prepared and issued by city engineer evidencing completion of permitted work in compliance with the requirements of a permit.
Low impact development (LID) means a method of land development that seeks to maintain the natural hydrologic character of a site by working with the natural landscape and hydrology to minimize increased peak flow rate, volume, and pollution levels in stormwater runoff through source control and by retaining more water on site where it falls, rather than using traditional methods of transporting water directly from the site through storm drain pipes into local waterways.
Local waterways mean waters or waterways under the jurisdiction of the city of Hollister or the county of San Benito.
Permittee means the applicant in whose name a valid grading permit is duly issued pursuant to this chapter and his or her agents, employees, and others, acting under his or her direction or acting under the authority of the permit.
Post-construction stormwater control plan (SWCP) means a set of stormwater post- construction best management practices or equivalent measures on a particular site after all other planned final structures and permanent improvements have been erected or installed.
Sediment means earth material deposited by water or wind.
Site means any lot or parcel of land where grading is performed or permitted.
Slope means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
Soil means naturally occurring, superficial deposits of dirt overlying bedrock.
Soils engineer means a professional geotechnical or civil engineer experienced and knowledgeable in the practice of soils engineering, and licensed by the state of California for practice in that field.
Soils engineering means the application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.
Waters of the state means all waters and waterways under the jurisdiction of the state of California.
Waters of the U.S. means all waters and waterways under the jurisdiction of the federal government of the United States.
Wet season means the period from October 15 to April 15. (Ord. 1053, § 1, 2009; Ord. 1089, § 1, 2012; Ord. No. 1172, § 1.3, 2018)
15.24.050 Hazards.
Whenever the city engineer determines that any excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agency in control of said property, upon receipt of notice in writing from the
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city engineer, shall within the period specified therein repair or eliminate such excavation, embankment or fill so as to eliminate the hazard and be in compliance with the requirements of this chapter.
(Ord. 1053, § 1, 2009)
15.24.060 Other laws.
Issuance of a grading permit under this chapter does not exempt a permittee from obtaining other required permits or complying with the requirements and conditions of such permits. Issuance of a grading permit does not limit the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity. (Ord. 1053, § 1, 2009)
ARTICLE II. PERMIT APPLICATION PROCEDURES
15.24.100 Scope.
Except as provided herein, no person may grade, fill, excavate, store, or dispose of soil or earth materials or perform any other land-disturbing or land-filling activity without first obtaining a grading permit as set forth in this chapter. (Ord. 1053, § 1, 2009)
15.24.110 General exemptions.
All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion, and sedimentation and to safeguard life, limb, property, and the public welfare. A person performing such activities need not apply for a permit pursuant to this chapter, if all of the following criteria are met:
A. The site upon which land area is disturbed or filled is 10,000 square feet or less;
B. Natural and finished slopes are less than ten percent; C. Volume of soil or earth materials stored is 50 cubic yards or less; D. Rainwater runoff is diverted, either during or after construction, from an area smaller than 5,000 square feet;
E. An impervious surface, if any, of less than 2,500 square feet is created; F. No drainage way is blocked or has its storm water carrying capacities or characteristics modified;
G. The activity does not take place within 100 feet by horizontal measurement from the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body;
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H. The grading operation does not direct concentrated storm flow onto property not owned by applicant, including public right-of-way.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.4, 2018)
15.24.115 Specific exemptions.
The following activities are exempt from the grading permit requirements:
A. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of the structure;
B. Cemetery graves;
C. Authorized solid waste facilities operating pursuant to state law; D. Excavations for wells or tunnels;
E. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where the use has been provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;
F. Exploratory excavations under the direction of soils engineers or engineering geologists;
G. Routine agricultural crop management practices;
H. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;
I. Project activities of the federal or state government or any public agency. (Ord. 1053, § 1, 2009; Ord. 1089, § 1, 2012)
15.24.120 Application.
The application for a permit must include all of the following items unless the city engineer determines that the proposed grading activity does not require one or more of these items:
A. Completed application on the form approved by the city engineer; B. Site map and grading plan, as specified in this chapter; C. Construction stormwater control plan (CSCP), as specified in this chapter; D. Post-construction stormwater control plan (SWCP), as specified in this chapter; E. Soils engineering report, as specified in this chapter; F. Engineering geology report, as specified in this chapter; G. Work schedule identifying the start date, end date, and major milestones for the work;
H. Application fees;
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I. Performance bond and labor and materials bond, or o ther acceptable security; J. Any supplementary material required by the city engineer. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.5-1.7, 2018)
15.24.130 Site map and grading plan (grading plan).
A. LID principles shall be considered and incorporated as part of site planning and design as appropriately feasible. The primary goal of LID is to mimic the natural hydrologic character of a site by working with the natural landscape and hydrology to minimize increased peak flow rate, volume, and pollution levels in stormwater runoff through source control and by retaining more water on site where it falls, rather than using traditional methods of transporting water directly from the site through storm drain pipes into any waterway. Developments shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3 - 2013-0032, or subsequent amendment thereto, as applicable.
B. Specifications for the site map and the grading plan shall contain information regarding construction and material requirements. In addition, the site map and grading plan shall contain the following information:
1. Existing and proposed topography of the site taken at two-foot intervals with spot elevations sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location. Grades shall be shown extending a minimum of 100 feet off-site, or sufficient to show on-site and off-site drainage;
2. Location of existing public agency and private utilities and the location of all other city or public owned facilities adjacent to, or within the subject property's boundaries;
3. Site's property lines shown in true location with respect to the plan's topographic information;
4. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;
5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain;
6. Location and graphic representation of proposed excavations and fills, of on - site storage of soil and other earth material, and of on-site disposal, and the design and location of all proposed improvements;
7. Location of proposed final surface runoff, erosion, and sediment control measures;
8. Quantity of soil or earth materials in tons and cubic yards to be excavated, filled, stored, or otherwise utilized on-site;
9. Proposed sequence and schedule of excavation, filling, and other land - disturbing and filling activities, and soil or earth material storage and disposal, and installation and construction of all proposed improvements;
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10. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners, which are within15 feet of the property or which may be affected by the proposed grading operations;
11. Locations of the CSCP and SWCP BMP measures.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.8-1.11, 2018)
15.24.131 CSCP.
The minimum standard for the appropriate selection of interim BMPs shall be in accordance with the BMP manual, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site during land-disturbing or grading activities or soil storage:
A. The CSCP shall provide a graphic representation and brief description of all BMP control measures to be implemented.
B. The CSCP shall include, but not be limited to, design, specifications, and a maintenance schedule for BMP control measures for erosion control, sediment control, wind erosion and dust control, tracking control, non-stormwater management control, and waste management control.
C. Maximum surface runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method approved by the city engineer.
D. The CSCP shall provide a graphic representation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre - existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.
E. The location of all the measures listed by the applicant under this section shall be depicted on the grading plan, or on a separate plan at the discretion of the city engineer.
F. An estimate of the cost of implementing and maintaining all CSCP BMP control measures must be submitted on a form acceptable to the city engineer.
G. The applicant may propose the use of any BMP control measures in the CSCP plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual. All proposed BMP control measures must be reviewed and approved by the city engineer prior to implementation.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.12-1.17, 2018)
15.24.132 SWCP.
The minimum standard for the appropriate selection of SWCP BMPs shall be in accordance with the BMP manual, and shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032, or subsequent
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amendment thereto, as applicable, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site after final structures and improvements have been completed and when an interim BMP plan has not addressed the final structures and improvements:
A. Maximum runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method appro ved by the city engineer.
B. The SWCP final plan shall also contain the following information:
1. A description of and specifications for sediment retention devices;
2. A description of and specifications for surface runoff and erosion control devices;
3. A description of vegetative measures;
4. A graphic representation of the location of all items required by this section.
C. An estimate of the costs of implementing all SWCP control measures must be submitted in a form acceptable to the city engineer.
D. The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual.
(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.18-1.21, 2018)
15.24.140 Soils engineering report.
A soils engineering report shall be based on adequate and necessary test borings, and shall contain all the following information:
A. Data regarding the nature, distribution, strength, and erodibility of existing soils; B. Data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site, if any;
C. Opinions and recommendations for grading procedures; D. Opinions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is complete; E. Design criteria for corrective measures when necessary; F. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.
Recommendations included in the report and approved by th e city engineer shall be incorporated in the grading plans or specifications. (Ord. 1053, § 1, 2009)
Ordinance No. XXXX
15.24.141 Engineering geology report.
An engineering geology report, when required by this chapter, shall be based on adequate and necessary test borings and shall contain an adequate description of the geology of the site, opinions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.
(Ord. 1053, § 1, 2009)
15.24.150 Work schedule.
The applicant must submit a work schedule showing the following information:
A. Proposed grading schedule identifying the start date, end date, and major milestones for the work;
B. Proposed conditions of the site on each July 15th, August 15th, September 15th, October 1st, and October 15th during which the permit is in effect.
C. Proposed schedule for installation of all interim BMP control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in the proposed schedule;
D. Schedule for construction of final improvements, if any; E. Schedule for installation and maintenance of all permanent BMP control devices where required.
(Ord. 1053, § 1, 2009)
15.24.160 Security.
A. Amount of Security. The applicant shall provide security for the performance of the work described and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to issuance of a permit.
The applicant shall provide security for the purpose of security payment to the contractor, the contractor's subcontractor and to persons renting equipment or furnishing labor or materials for the work describe and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to the issuance of a permit.
The permittee shall provide security to warranty the maintenance and upkeep of the final grading and permanent improvements, described and delineated in th e final grading plans, CSCP, and SWCP against defective workmanship and materials in an amount to be determined by the city engineer, but not less than 25 percent of the estimated cost of performing said work submitted by the permittee and approved by the city engineer.
Ordinance No. XXXX
B. Persons performing work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the permittee or his or her agent, or both, as principle in accordance with the provisions contained herein.
Bond(s) or bonds shall be issued by one or more corporate sureties authorized to transact the business of insurance by the California Insurance Commissioner. The form of the bond or bonds shall be subject to the approval of the city attorney. The bonds shall be in favor of the city and shall be conditioned upon the completion, free of liens, of the work authorized by the permit.
In lieu of a bond, the permittee may post a cash deposit, either with the city or a responsible escrow agent or trust company, of money, negotiable bonds of the kind approved for securing deposits of public moneys, or other instrument of credit from one or more financial institutions subject to regulation by the state or federal government, and approved by the city attorney, wherein said financial institution pledges funds are on deposit and conditioned for payment as described above.
C. Performance Bond and Notice of Default. The bond/bonds shall be also be conditioned that, upon notice of a finding by the city engineer that a default has occurred in the performance of any term or condition of work authorized by a permit, the bond/bonds are payable to the city for any costs incurred by the city or its agent in completing the required work or performing work necessary to leave the site in a nonhazardous condition or required to protect or repair adjacent in the event the principle or surety fails to complete work. The bond/bonds shall be further conditioned upon the payment to the city or its agents in completing the work required to protect or repair adjacent public or private properties from damage from work performed under the permit.
Whenever the city engineer makes such a finding, he or she shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the city engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the city an amount equal to the city engineer's estimate of the completion cost plus an additional sum equal to 25 percent of such cost.
D. Private Contract Performance Bond Principal or Surety Liability. In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus 25 percent with the city, the city engineer may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work.
E. Private Contract Performance Bond Liability of City for Performance of Certain Work. If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice, the city engineer shall cause the required work to be completed.
The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the city blameless from any liability in connection with the work so performed by the city or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of said money. (Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.22, 2018)
Ordinance No. XXXX
15.24.165 Fees.
Fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time, by separate resolution of the city of Hollister city council. (Ord. 1053, § 1, 2009)
15.24.170 Permit review and approval.
The city engineer shall review all documents submitted pursuant to this chapter and, if necessary, request additional data, clarification of submitted data or correction of defective submissions prior to making a decision on the approval of the permit. (Ord. 1053, § 1, 2009)
15.24.171 Notice.
The city engineer shall notify applicant of his or her decision on the permit after the final review of initial submission and all required corrected submissions. (Ord. 1053, § 1, 2009)
15.24.172 Permit duration.
Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or grading activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within 60 days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules, and security to the city engineer except where an item to be re submitted is waived by the city engineer. The city engineer may require additional fees if additional staff time is required.
(Ord. 1053, § 1, 2009)
15.24.173 Permit denial.
The applicant may request a hearing before the city council within five working days of notification of a permit denial. The hearing shall be held at the next regular city council meeting following the date of the request for a hearing, pursuant to sta te law notice requirements.
(Ord. 1053, § 1, 2009)
15.24.174 Assignment of permit.
A permit issued pursuant to this article may be assigned, provided all of the following requirements are met. The city engineer shall provide the proposed assignee with written notice of the approval or denial, with the basis for the denial, of the proposed assignment.
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A. The permittee provides written notice to the city engineer of the proposed assignment no less than 30 days before the proposed assignment; B. The proposed assignee provides the following items to the city engineer when the notice of the proposed assignment is given to the city engineer:
1. Provides application information required by this chapter,
2. Agrees in writing to all the conditions and duties imposed by the permit,
3. Agrees in writing to assume responsibility for all work performed prior to the assignment,
4. Provides security required by this chapter,
5. Pays all required fees, and
6. Provides an acknowledgement by the design civil engineer, soils engineer, and engineering geologist authorizing the use of their engineering design plans, specifications, reports, and documents for the project. (Ord. 1053, § 1, 2009)
15.24.180 No improvements planned.
Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, the applicant must:
A. Meet all the requirements of this chapter except that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a final plan; and
B. Submit executed contract(s) obligating the applicant to perform maintenance and upkeep of the graded but unimproved portions of the site and to provide that all work be warranted against defective workmanship and materials for a warranty period of one year after completion of the grading. (Ord. 1053, § 1, 2009)
ARTICLE III. GRADING REQUIREMENTS
15.24.200 Grading requirements.
A. Engineered Grading. For engineered grading, it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the soils engineering and engineering geology reports into the grading plan. He or she also shall be responsible for the monitoring and certification of the grading within his or her area of technical specialty. This responsibility shall include, but not be limited to, monitoring and certification as to the establishment of line, grade, and drainage of the development area. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, and the city engineer. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded grading plans upon completion of the work. The grading
Ordinance No. XXXX
contractor shall submit in a form prescribed by the city engineer a statement of compliance to said as-graded plans.
During grading all necessary reports, compaction data, and soils engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soils engineer and the engineering geologist. The soils engineer's area of responsibility shall include, but need not be limited to, the monitoring and approval concerning the preparation of ground to receive fills, or withstand cuts, testing for required compaction, stability of all finish slopes, and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.
The engineering geologist's area of responsibility shall include, but need not be limited to, monitoring and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other ground water drainage devices. He or she shall report his or her findings to the soils engineer and the civil engineer for engineering analysis.
The city engineer shall inspect the project at any time necessary to determine that adequate control is being exercised by the professional consultants.
B. Regular Grading. The city engineer may require monitoring and testing by a soils engineer. The soils engineer's responsibility shall include, but need not be limited to, approval concerning the monitoring of cleared areas and benches to receive fill, the compaction of fills, and the excavation of hillsides into native material. When the city engineer has cause to believe that geologic factors may be involved, the grading operation will be required to conform to engineered grading requirements.
C. Nonconformity with Plans. If, in the course of fulfilling their responsibility under this chapter, the civil engineer, the soils engineer, or the engineering geologist, finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer (see Section
14.12.020).
D. Change of Professionals. If the civil engineer, the soils engineers, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work.
(Ord. 1053, § 1, 2009)
15.24.210 Wet season work.
A. For the commencement of land disturbing or grading activities during the wet season the permittee shall demonstrate to the satisfaction of the city engineer that land disturbance is relatively minor and that all BMP measures can be controlled.
The city engineer may grant permission under this section on the basis of weather forecast, experience, and other pertinent factors, which indicate the activities may commence or continue without compromise of BMP control measures.
B. For continuation of land-disturbing or grading activities, other than installation, maintenance, or repair of measures in the interim or final plans, during the wet
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season, permittee must apply for and receive, every five working days, special permission from the city engineer to proceed.
C. Permittee's failure to obtain permission for wet season activity shall result in the imposition of suspension or revocation, action against the security, or criminal penalties or any combination thereof.
(Ord. 1053, § 1, 2009)
15.24.220 Cuts.
A. General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.
B. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical unless approved by city engineer.
C. Drainage and Terracing. Drainage and terracing shall be provided as required by this chapter.
(Ord. 1053, § 1, 2009)
15.24.230 Fills.
A. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the case of a project being of such minor nature that a soils report is not required, the city engineer may waive these provisions.
B. Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical.
C. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials, scarifying to provide a bond with a new fill, and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as suitable foundation for fill. Unsuitable soil is soil, which in the opinion of the civil engineer is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.
D. Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.
Exception: The city engineer may permit placement of rock larger than 12 inches when the civil engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply:
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1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;
2. Rock sizes greater than 12 inches in maximum dimension shall be ten feet or more below grade, measured vertically; and
3. Rocks shall be placed so as to assure filling of all voids.
E. Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. All fills shall be compacted in accordance with the most current version of the California Building Code Chapter 18 adopted by the city, or equivalent as approved by the city engineer.
F. Slope. The slope of fill shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.
G. Drainage and Terracing. Drainage and terracing shall be provided as required by this chapter.
(Ord. 1053, § 1, 2009)
15.24.240 Other considerations.
In addition to the engineering requirements contained herein, all grading must also be in conformance with certain lot design criteria contained within the Zoning Ordinance. Such considerations include, but are not limited to, pad elevation differentials and future building pad locations relative to top/bottom of slope or engineered retaining walls.
(Ord. 1053, § 1, 2009)
15.24.250 Drainage and terracing.
A. General. Unless otherwise recommended in the approved soils engineering report, drainage facilities and terracing shall conform to the provision of this section.
B. Terrace. Terraces at least six feet in width shall be established at not more than 30 - foot vertical intervals on all cut or fill slopes to control surface drainage and debris, except that where only one terrace is required it shall be at mid-height.
For cut or fill slopes greater than 60 feet and up to 120 feet in vertical height, one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and spacing for cut and fill slopes greater than 120 feet in height shall be designed by the civil engineer and approved by the city engineer. Suitable access shall be provided to permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet.
Any section of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet without discharging into an approved public or private water system.
C. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.
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D. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the city engineer or other appropriate public agency as a safe place to deposit such waters. Ground erosion i n the area of discharge shall be prevented by installation of non -erosive downdrains or other devices.
E. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than 40 feet measured horizontally from the top of all cut slopes. Interceptor drains shall be paved with a minimum of three inches of reinforced concrete or gunite with a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The city engineer shall approve the slope of drain.
(Ord. 1053, § 1, 2009)
ARTICLE IV. IMPLEMENTATION AND ENFORCEMENT
15.24.300 Issuance of permits.
The city engineer shall issue a permit upon approval of a grading plan, interim plan, and where required, final plan, soils engineering report, and engineering geology report, and the deposit of appropriate security, and payment of fees. The permit shall b e issued subject to the following conditions:
A. The permittee shall maintain a copy of the permit, approved plans and reports required by this chapter on the work site and available for public inspection during all working hours.
B. The permittee shall at all times be in conformity with the approved grading plan and the interim and final BMP plans.
(Ord. 1053, § 1, 2009)
15.24.310 Implementation of permits—Permittee's duties.
A. The permittee shall provide written notice to the city engin eer as specified herein:
1. Seventy-two hours before the beginning of the permitted activity;
2. Within 72 hours of the completion of rough grading;
3. Within 72 hours of the completion of finished grading;
4. Seventy-two hours before the installation of all BMP control measures and the completion of planting requirements;
5. Within 72 hours of the readiness of the site for final inspection, including, but not limited to, finished grading, installation of drainage devices and final BMP control measures.
B. If any of the following events occur, the permittee shall provide written notice to the city engineer the next business day with recommendations for any corrective action necessary:
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1. There are delays in obtaining materials, machinery, services or staff necessary to implement the grading, interim, or final plans as scheduled;
2. There are any delays in land-disturbing or filling activities or soil storage;
3. The work is not being done in conformance with the approved grading, interim, or final plans;
4. There are any departures from the approved grading plan that may affect implementation of the interim or final plans as scheduled;
5. There are any delays in the implementation of the interim or final plans;
6. There are any other departures from implementation of the interim or final plans.
(Ord. 1053, § 1, 2009)
15.24.315 Implementation of permits.
The city engineer shall review all reports submitted by permittee. The city engineer may require permittee to modify the grading plan, interim, or final plans, and maintenance methods and schedules. The city engineer shall notify the permittee in writing of any required modifications and shall specify a reasonable period of time within which permittee must comply with the modifications. All modifications are subject to city engineer's approval. The city staff may inspect the site at any time at the discretion of the city.
(Ord. 1053, § 1, 2009)
15.24.320 Completion of work—Final reports.
Upon completion of the permitted grading activity, the following reports shall be filed with the city engineer:
A. A written statement by the civil engineer that all grading and drainage facilities have been completed in conformance with the permit and th is chapter; B. An as-built plan of the completed work prepared by a civil engineer; C. A final as-built soil engineer's report which shall include a written statement that inspections and tests were made during the grading and that in his or her opinion all embankments and excavations comply with the provisions of this chapter and the permit and are acceptable for their intended use. Soil bearing capacity (except where the city engineer determines such is inapplicable), summaries of field and laboratory tests and locations of tests if not previously submitted, and the limits of compacted fill on an as-built plan shall be included in the report. The report shall include reference to the presence of any expansive soils or other soil problems, which if not co rrected, would lead to structural defects in buildings constructed on the site. If such report discloses the presence of such expansive soils or such other soil problems, it shall include recommended corrective action designed to prevent structural damage to each building proposed for construction upon the site. The final as -built report shall also contain a seepage statement or study as appropriate.
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D. A final as-built engineering geology report by an engineering geologist based on the as-built plan including specific approval of the grading as affected by geological factors. Where required by the city engineer, the report shall include a revised geologic map and cross-sections and recommendations regarding building restrictions or foundation setbacks.
(Ord. 1053, § 1, 2009)
15.24.330 Post-grading procedures.
Upon completion of work described and delineated on the approved grading and BMP control plans, and prior to the city engineer issuing a letter of acceptance, the permittee shall enter into an agreement with the city obligating the permittee to perform maintenance and upkeep of the work included in the permit and to be warranted against defective workmanship and materials for a warranty period of one year from the date the city engineer issues said letter of acceptance. A separate bond or other security must be submitted before a letter of acceptance for the permitted work will be issued.
The permittee shall provide security for said maintenance and upkeep of work and warranty. During the one-year warranty period the permittee shall perform all required routine maintenance and upkeep of the work included on the final grading and BMP control plans, and perform repairs or replacement of any and all defective workmanship and materials in a manner satisfactory to the city engineer, after notice to do so from the city engineer, and within the time specified in the notice. If the permittee fails to comply with the notice of default the city engineer may take action against the security. (Ord. 1053, § 1, 2009)
15.24.340 City engineer—Powers and duties generally.
The city engineer shall cause grading being done without a permit to be stopped until a permit has been obtained. He or she may require that such work done without a permit be removed or corrected at the expense of the responsible person. Where grading work involves an embankment improperly constructed or constructed without adequate testing, he or she shall cause such embankment to be reconstructed or, in lieu thereof, shall cause a notice documenting the existence of improper grading to be recorded in the office of the county recorder. He or she shall have work done in connection with a grading permit to ensure compliance with the provisions of this chapter and shall release the bond 35 days after such work is properly completed and a letter of acceptance has been issued by the city engineer. (Ord. 1053, § 1, 2009)
15.24.350 Fees to be doubled in certain cases—Effect of imposition.
In the event that grading work is commenced without a grading permit the city engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall then be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such double fee shall not be construed to be a penalty, but shall be construed as an added fee required to defray
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the expense of enforcement of the provisions of this chapter in such cases. The imposition of payment of such double fee shall not prevent the imposition of any penalty prescribed or imposed by this chapter.
(Ord. 1053, § 1, 2009)
15.24.360 Abatement of dangerous conditions.
Where the city engineer determines that grading has created a danger to public or private property, or has resulted in the deposition of debris on any public way, or interferes with any existing drainage course, the city engineer shall serve written notice on the property owner describing the condition and requiring that the property owner abate the dangerous condition within ten days after the notice is received; provided that if the dangerous condition creates an imminent danger, the city engineer may require the property owner to take steps for the immediate abatement of the dangerous condition. If the property owner fails to so abate the condition as directed, the city engineer may do so, in which event the property owner shall be liable for all costs of such abatement, including, but not limited to, reasonable attorney fees. The expenses of abatement shall be a lien against the property on which it is maintained and a personal obligation against the property owner.
(Ord. 1053, § 1, 2009)
15.24.370 Suspension or revocation of permit.
A. The city engineer shall suspend the permit and issue a stop work order, and permittee shall cease all work identified on the stop work order, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:
1. The city engineer determines that the permit was issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the city of Hollister;
2. Permittee fails to submit reports as required by this chapter;
3. Inspection by the city engineer reveals that the work or the work site does not comply with this chapter or the grading plan, interim, or final plan as approved or as modified, or does not comply with an order to modify.
B. The city engineer shall revoke the permit and issue a stop work order, and permittee shall cease work if permittee fails or refuses to cease work after suspension of the permit and receipt of a stop work order and notification thereof.
C. The city engineer shall reinstate a suspended permit upon permittee's correction of the cause of the suspension.
D. A revoked permit cannot be reinstated, and permittee must apply for a new permit. (Ord. 1053, § 1, 2009)
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15.24.380 Penalties for violations.
A. Infraction. Any person, corporation, partnership, association of any type, or other legal entity, acting as principal agent, employee, or otherwise, who fails to comply with the provisions of this ordinance shall be guilty of an infraction for each separate offense and upon conviction thereof shall be punished as set forth in Government Code Section 36900, as it now exists or may hereafter be amended.
The violating party shall be judged to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided herein.
B. Public Nuisance. A violation of any of the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and may be abated by the city in any manner permitted by law, including but not limited to, injunctive relief.
C. Civil Penalties. A violation of any of the provisions of this chapter may result in the assessment of civil penalties of up to $1,000.00 during each day that the violation is committed, continued, allowed, or maintained.
(Ord. 1053, § 1, 2009)
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15.24.385 Remedies cumulative.
The remedies provided in this article shall be cumulative and not exclusive. (Ord. 1053, § 1, 2009)
15.24.390 Action against the security.
The city engineer may take action against the bond or deposit if a determination is made that specific conditions listed in the permit were not met, or if the permittee abandons the site prior to completing the grading, erosion control or drainage requirements, or if the city engineer determines that action by the city is necessary to prevent excessive erosion from occurring on site. The city engineer shall use funds from the appropriate security to finance remedial work undertaken by the city or a privat e contractor under contract to the city, and to reimburse the city for all direct costs incurred in the process of the remedial work.
(Ord. 1053, § 1, 2009)
15.24.395 Release of security.
Bonds, cash deposits, or instruments of credit shall be released 35 days after the permit is finalized and a letter of acceptance is issued by the city engineer, or, for warranty work, upon 35 days after the end of the maintenance period pursuant to this chapter.
Securities held against the warranty for the maintenance and upkeep of the work required by the final grading BMP control plans as provided in this chapter shall be released to the permittee within 35 days after the end of the one-year warranty period if no action against such security is filed prior to that date, and the permittee is in compliance with all terms and conditions of the agreement required by this chapter. (Ord. 1053, § 1, 2009)
SECTION __. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.
SECTION __. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION __. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
Ordinance No. XXXX
INTRODUCED at a regular City Council meeting on September 2, 2025, and ADOPTED as an ordinance of the City of Hollister at a regular City Council meeting on September 15, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Roxanne Stephens, Mayor
ATTEST: APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
______________________________ _______________________________ Jennifer Woodworth, MMC, City Clerk Mary Lerner, City Attorney
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. XXXX is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Hollist er at a regular meeting of said Council held on September 15, 2025, 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 15, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 15, 2025
REPORT # City Attorney-2025-08
AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING FOR THE CONFIDENTIAL UNIT FOR 2025-2026
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Mary Lerner, City Attorney
RECOMMENDED ACTION: Adopt the resolution approving the Confidential Unit Memorandum of Understanding for a term from July 1, 2025 to June 30, 2026 and authorize the City Manager to execute on behalf of the City.
DISCUSSION: The City of Hollister Confidential Unit represents the following classifications: Accountant; Accounting Manager; Administrative Analyst; Deputy City Clerk; Executive Assistant to the City Manager; Human Resources Analyst; Human Resources Technician I; Human Resources Technician II; Information System Analyst; Information Systems Technician; Legal Administrative Assistant; Management Analyst; Payroll Manager; Senior Support Services Assistant (Confidential); and Support Services Assistant I/II (Confidential).
Compensation and benefits for this group are established through a Memorandum of Understanding (MOU) with the City. The current one-year MOU expired on June 30, 2025. Beginning in May 2025, the City met with the lead negotiator for the Confidential Unit to discuss compensation and benefits interests. City staff recommends the proposed one-year MOU for the period of July 1, 2025 through June 30, 2026 shown in Attachment 1.
The recommended MOU reflects the collaborative approach taken by both parties during negotiations, with the Confidential Unit demonstrating understanding of the City current fiscal constraints. In recognition of these financial considerations, the proposed agreement maintains unit member salaries at their current levels without wage increase for the contract period. The MOU as been streamlined to remove duplicative language related to personnel rules, improving clarity and administrative efficiency. Health insurance benefits have been restructured to establish a fixed dollar contribution amount that provides budget predictability by decoupling the City's contribution from future insurance premium fluctuations. Additionally, the agreement includes enhanced provisions that clarify remote work policies and procedures, ensuring consistent application across all unit positions. The MOU also incorporates refined language regarding insurance opt-out provisions to eliminate ambiguity and provide clearer guidance for both employees and administration. These modifications demonstrate the unit's commitment to supporting the City's fiscal stability while maintaining essential employment terms and working collaboratively toward mutually beneficial solutions .
The modifications are consistent with the modifications sought from all other employee groups within the City.
FISCAL IMPACT: There is no fiscal impact associated with this item. The proposal does not include any increases to staff compensation, benefits, or staffing levels. All activities will be accomplished within existing budgeted resources and current personnel allocations.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution for Approval of Confidential Unit MOU
2. Exhibit A – Confidential Unit Memorandum of Understanding 2025-2026
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HOLLISTER AND THE CONFIDENTIAL UNIT FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY
WHEREAS, the City of Hollister Confidential Unit represents the following classifications:
Accountant; Accounting Manager; Administrative Analyst; Depu ty City Clerk; Executive Assistant to the City Manager; Human Resources Analyst; Human Resources Technician I; Human Resources Technician II; Information System Analyst; Information Systems Technician; Legal Administrative Assistant; Management Analyst; Pa yroll Manager; Senior Support Services Assistant (Confidential); and Support Services Assistant I/II (Confidential); and
WHEREAS, the compensation and benefits for employees in the Confidential Unit are established through a Memorandum of Understanding between the City of Hollister and the Confidential Unit; and
WHEREAS, the previous Memorandum of Understanding between the City and the Confidential Unit expired on June 30, 2025; and
WHEREAS, representatives of the City and the Confidential Unit have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the parties have reached a tentative agreement for a one-year Memorandum of Understanding covering the period from July 1, 2025 through June 30 , 2026; and
WHEREAS, the proposed Memorandum of Understanding maintains current salary levels without wage increases in recognition of the City’s fiscal constraints, restructures health insurance benefits to establish fixed dollar contributions for budget predictability, clarifies remote work policies and procedures, and refines insurance opt -out provisions; and
WHEREAS, the proposed Memorandum of Understanding demonstrates a collaborative approach between the parties and the Confidential Unit’s commitment to supporting the City’s fiscal stability while maintaining essential employment terms; and
WHEREAS, the City Council has reviewed the proposed Memorandum of Understanding and finds it to be in the best interests of the City and its employees.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:
Resolution No. 2025-XX
1. The City Council hereby approves the Memorandum of Understanding between the City of Hollister and the Confidential Unit for the period of July 1, 2025, through June 30, 2026, attached hereto as Exhibit A and incorporated herein by reference.
2. The City Manager is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City of Hollister and to take all actions necessary to implement the terms and conditions contained therein.
3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 15, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, 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. 2025-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 15, 2025 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 15, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
MEMORANDUM OF UNDERSTANDING
between the
City of Hollister
and the
CONFIDENTIAL UNIT
July 1, 2023 2025 – June 30, 20252026
TABLE OF CONTENTS
Section 1. PREAMBLE Page 4
Section 2. RECOGNITION Page 4
Section 3. NO ABROGATION Page 4
Section 4. CITY RIGHTS Page 4
Section 56. HOLIDAYS Page 55
Section 67. VACATION
A. Entitlement Page 67
B. Accrual Page 67
C. Maximum Accrual Page 67
D. Floating Holidays Page 7
E. Vacation Conversion to Cash Page 7
Section 78. SICK LEAVE
A. Entitlement Page 78
B. Accrual Page 78
C. Sick Leave Conversion to Cash Page 78
Section 89. ADMINISTRATIVE LEAVE Page 89
Section 910. INSURANCE
A. Description Page 9
B. Health Insurance Options Page
910
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan Page 910
D. Terms for Health Care Participation Page 11
E. Health Care Contributions Page 11
F. Vision Insurance Page
112
G. Dental Insurance Page
112
H. Life Insurance Page 12
I. Long Term Disability Insurance Page 12
J. Health Insurance Waiver Option Page 12
K. Optional Health Benefits Page 13
L. Flexible Spending Accounts (FSAs) Page
134
M. Voluntary Life Insurance Page 14
N. Miscellaneous Page 14
O. Cost-Savings Page
145
Section 101. RETIREMENT
A. Contribution Page
145
B. 1959 PERS Survivor Death Benefit Page 15
C. One-Year Final Compensation Benefit Page 15
Section 112. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM A. Professional Certificates Page 16
B. College Degrees and Certificates Page
167
C. Technical Certificates Page
168
D. Vocational Certificates of Completion Page 17
E. Technical Certificates Page
178
F. Additional Eligibility Requirements Page
178
Section 123. TUITION REIMBURSEMENT Page
189
Section 134. DEFERRED COMPENSATION PLAN Page 19
Section 145. BILINGUAL ALLOWANCE Page 19
Section 156. DRUG FREE WORKPLACE POLICY Page
1920
Section 167. MILEAGE REIMBURSEMENT Page 20
Section 178. JURY DUTY AND SUBPOENAED WITNESS Page 20 Section 189. LONGEVITY PAY Page
201
Section 1920. LAND SURVEYOR LICENSE CERTIFICATION Page 201
Section 201. COMPUTER LOAN PROGRAM Page
201
Section 212. NOTARY PUBLIC COMISSION PAY Page
Section 223. ACCOUNTING MANAGER – CERTIFIED PUBLIC
ACCOUNTANT LICENSE CERTIFICATION PAY Page
212
Section 234. WORKING OUT OF CLASSIFICATION ASSIGNMENT Page 212
Section 245. FLEXIBLE WORK SCHEDULE Page
223
Section 256. PERSONNEL SYSTEM RULES AND REGULATIONS Page 223
Section 267. STANDBY PAY Page 23
Section 278. EVENT PAY Page
234
Section 289. HUMAN RESOURCES TECHNICIAN I/II –
FLEXIBILITY STAFFED POSITION Page
234
Section 2930. TERM OF AGREEMENT Page
234
1. PREAMBLE
This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred to as "City", and the Confidential Employees Unit, hereinafter referred to as "Unit".
This Memorandum of Understanding hereinafter referred to as "M.O.U.", is subjec t to Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers-Milias-Brown Act.
2. RECOGNITION
Pursuant to Section 3500-3510 of the Government Code, the City certifies Unrepresented Unit as the recognized majority representative for all regular career, full -time employees in the Unit. The Unit includes:
Accountant
Accounting Manager
Administrative Analyst
Deputy City Clerk
Executive Assistant to the City Manager
Human Resources Analyst
Human Resources Technician I
Human Resources Technician II
Information System Analyst
Information Systems Technician
Legal Administrative Assistant
Management Analyst
Payroll Manager
Senior Support Services Assistant (Confidential)
Support Services Assistant I/II (Confidential)
3. NO ABROGATION OF RIGHTS
This M.O.U. does not modify any City Council or City Management rights.
CITY RIGHTS
Effective the first full pay period after July 1, 20232025, the City shall apply a seven zero percent (07.00%) across-the-board increase to the base salary of all unit classifications.
Effective the first full pay period after July 1, 20242026, the City shall apply a six zero percent
7.5. HOLIDAYS
1. Holiday Schedule
All Confidential Unit members are entitled to 12.5 paid holidays per year. Each paid holiday is the equivalent to 8.00 hours unless otherwise noted. The 12.5 paid holidays in the schedule below are the equivalent to 100.00 hours. The holidays are as follows:
January 1 New Year’s Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Presidents Day
March 31 Cesar Chavez Day
Last Monday in May Memorial Day
June 19th Juneteenth National
July 4th Independence Day
First Monday in September Labor Day
November 11th Veterans Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 24th (1/2 day) Christmas Eve
December 25th Christmas Day
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 with 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.
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.
3. Working/Called in on a Holiday
Any employees represented by this unit who works or is called in on a holiday shall receive compensatory time off from duty at a rate equal to the amount of time worked on the holiday up to eight hours per day worked. If a represented employee is also entitled to an event pay the employee will be allowed to receive both the compensatory time and event pay.
8.6. VACATION
A. Entitlement
All Confidential unit member employees are entitled to accrue vacation based on B.
Accrual below. Employees may take accrued vacation after the completion of six (6) months of service.
B. Accrual
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
C. Maximum Accrual
Confidential unit members may only accumulate a maximum of thirty - five (35) working days (280 hours) of vacation without the authorization of the City Manager.
Accumulated vacation time of more than thirty-five days (280 hours) requires prior
written authorization by the City Manager and must be used prior to the end of the calendar year or it will be lost.
Any Confidential Unit Employee who leaves in good standing from the City shall be compensated for a maximum of two-hundred eighty (280) hours at the employee’s hourly rate of pay at the time of separation from City service.
D. Floating Holidays
All Eligible unit members shall receive two (2) floating holidays for the fiscal year for their use beginning on July 1 of each fiscal year.
E. Vacation Conversion to Cash
Confidential Unit Members may cash out vacation leave hours in the 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 em ployee’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.
9.7. SICK LEAVE
A. Entitlement
Sick leave shall be accrued at a rate of twelve (12) days per year (8 hours per month).
B. Accrual
Unused Sick Leave may be accrued without limit.
C. Sick Leave Conversion to Cash
All Confidential Unit Members employees may be compensated for 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. Confidential Unit Members may not "cash out" or be compensated for any of the first 240 hours of sick leave accrued.
2. Any Confidential Unit Member 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 or State-registered Domestic Partner, beneficiary(s), dependent(s), or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for 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 death.
4. Any Confidential Unit Members 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.
10.8. ADMINISTRATIVE LEAVE
All Confidential Unit Members shall receive eighty (80) hours Administrative Leave on July 1st of each fiscal year. The terms for use of Administrative Leave are as follows:
A. Administrative Leave credit will be accrued at the rate of 3.08 hours per pay period.
B. The entire eighty (80) hours of Administrative leave will be advanced and be available for use on July 1 of each fiscal year.
C. Leave usage must be identified and recorded on the official time card for the period in which leave was taken.
D. Residual Administrative Leave not utilized during the fiscal year may not be carried over into a subsequent year unless prior approval by the City Manager. Administrative Leave shall not be cumulative and shall not be converted into monetary compensation, except upon termination or retirement.
E. In the event an eligible employee terminated during the year, unused accrued Administrative Leave shall be paid out in the same manner as unused vacation. If leave has been taken beyond that which is accrued, the employee must pay ba ck all excess leave taken.
F. For eligible employees hired during the year, prorated leave credit will be accrued from the date of hire.
11.9. 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 specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:
a. For Calendar Year 2023: The City will continue to contribute a dollar amount towards monthly medical insurance premiums at the following levels:
b. For Calendar Year 2024: The City will increase its contribution by the actual increase to the PERS Platinum monthly premium or an amount not to exceed 10%.
c. For Calendar Year 2025: The City will increase its contribution by the actual increase or the PERS Platinum monthly premium an amount not to exceed 10%.
d.b. An amount equivalent to tThe City’s will contributeion towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total. in the following amounts:
COVERAGE CITY CONTRIBUTION
Employee Only $49.80
Employee Plus One $100.63
Employee Plus Family $135.91
e.c. An amount equivalent to tThe City’s will contributeion towards vision insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total. in the following amounts:
COVERAGE CITY CONTRIBUTION
Employee Only $14.15
Employee Plus One $30.29
Employee Plus Family $30.29
4. In the event that surplus Flex Credits are available, any Confidential Unit Employee shall have the option to allocate such Flex Credits to one or more of the following:
COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,406.88162.71
Employee Plus One $2,813.76325.42
Employee Plus Family $3,657.89023.05
a. Confidential Unit Employees’ Flexible Spending Account. b. Roth Individual Retirement Account (IRA).
c. ICMA or City-authorized 457 Deferred Compensation Plan.
If a Unit 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 a n 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 be in accordance with Section [C] above.
//
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 $100,000 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 s ixty-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 level corresponding to the employee’s verified non-City insurance coverage (employee only, employee plus one dependent, or employee plus two or more dependents). To receive this benefit, employees must submit documentation demonstrating their enrollment in a qualified non -City health insurance plan at the applicable coverage level. This documentation must be provided
at the time of waiver and during any subsequent verification periods as specified in Section [3] below. Upon verification of coverage, this cash amount will be paid as part of the employee’s bi-weekly payrollin which the employee is eligible to participate (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 preced ing 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 and verify any dependents as if they were receiving coverage through the City by an outside provider in order to maintain payment under this waiver option.
4. 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 employeethe levels provided for in Section [C], above.
5. In addition to the coverage options specified under Article 7. Insurance of the Memorandum of Understanding between the City of Hollister and Confidential Unit members, the following optional health benefits shall be available to the employees of this bargaining unit.
K. Optional Health Benefits
Employees within this unit 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 a pre -tax payroll deduction 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
- Accidental Only Insurance
- Intensive Care Insurance
L. Flexible Spending Accounts (FSA's)
The City agrees to offer a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law to be funded by employee.
The City agrees to offer a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,500)the IRS maximum amount per year per employee.
M. Voluntary Life Insurance
The City shall offer a voluntary supplemental life insurance plan through the flexible benefits plan for pre-tax contributions by the employees. Participation and coverage shall be in accordance with the terms and conditions of the insurance carrier. Employees may also elect pre-tax payroll deductions to support other City sponsored voluntary supplemental insurance benefits.
N. Miscellaneous
The City of Hollister does not allow the employee to take the surplus credits in taxable cash. For employees who elect not to participate in the group medical coverage offered by the City, the City will provide dental and vision coverage for the employee a nd his/her dependents at no cost to the employee.
//
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.
12.10. RETIREMENT
A. Contribution
Tier 1
a. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2.5% @ age 55” Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees’ contribution.
Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2% @ age 60” Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees’ contribution.
Tier 3
c. Effective on or after January1, 2013, all new employees hired on or after January 1, 2013, and who are defined as a “new member” under the Public E mployee Pension Reform Act of 2013 (PEPRA), AB 340 shall pay the employee contribution rate as established by State of California law.
B. 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.
C. 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 State Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.
13.11. 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 promoti onal 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 100 hours of specifi c training in a career field which results in a certificate of completion. The minimum one hundred (100) 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 p rogram 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 ye ar, 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 city will reimburse members up to four thousand five hundred dollars ($4,500.00) per fiscal year for tuition reimbursements.
A. Professional Certificates - $2,500.00 Lump Sum:
- Professional Engineer Registration
- Professional Land Surveyor Registration
- Certified Public Accountant
- 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
- Certified Municipal Clerk (CMC)
- Master Municipal Clerk (MMC)
- QSP
- QSD
B. College Degrees and Certificates - $2,500.00 Lump Sum
- Ph.D.
- Master's Degree
- Bachelor's Degree
- Associate's Degree
C. 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
D. 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
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
E. Technical Certificates - $1,000.00 Lump Sum:
- Chemical Applicator
- Licensed Tree Trimmer
- Automotive Service Technician (A.S.E.)
F. 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.
- 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.
- 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 Hollister Personnel Rules & Regulations for Associate degrees, Bachelor's degrees, Master's degrees, and Ph.D. degrees.
14.12. TUITION REIMBURSEMENT
The City will provide for tuition reimbursement in accordance with provision of the current Personnel System Rules and Regulations. In order to be eligible for this reimbursement the employee must obtain prior approval for the course from both the departme nt head and the City Manager.
15.13. 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.
16.14. 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 (reading, writing, translation) and who successfully pass a City-administered proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.
Level II – Written Translation
For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and seventy-five dollars ($ 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 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.
17.15. DRUG FREE WORKPLACE POLICY
The City's Drug Free Workplace Policy, City Personnel Rule 2.05Section 15(G), adopted by Resolution 92-116 (August 3, 1992), is incorporated by reference into this M.O.U.
18.16. MILEAGE REIMBURSEMENT
The City shall reimburse all eligible unit members for mileage driven in their personal vehicles while conducting City Business at the rate specified by the Internal Revenue Service. Claims for such reimbursement must be submitted on the proper City form and approve by the city before payment can be made.
19.17. JURY DUTY AND SUBPOENAED WITNESS
Any eligible employee of this unit shall be allowed to take leave from his/her City Duties without loss of wages, leave time or other benefits for the purpose of responding to jury selection or serving on a jury for which he/she has been selected, subject to the limitation that an employee receives paid leave for jury duty not more than once per calendar year. In the case of serving on a jury more than one time during a year, the employee has the option of using leave time to mitigate loss of pay. No employee shall suffer loss of wages or other benefits responding to a subpoena to testify in court on behalf of the City.
20.18. LONGEVITY PAY
A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service after the effective date of this M.O.U.:
NUMBER OF
CONSECUTIVE YEARS LONGEVITY BONUS
10 - 14 Years Three Percent (3.0%) of Base Salary
15 - 19 Years Six Percent (6.0%) of Base Salary
20 or more Years Nine Percent (9.0%) of Base Salary
21.19. LAND SURVEYOR LICENSE CERTIFICATION
All employees of this unit who possess and maintain a valid California Land Surveyor License shall receive Annual Incentive Pay of five percent (5%) of base salary, payable as part of the employee’s bi-weekly payroll. Employees covered by this agreement, whose job assignment as determined by the City Manager requires this certificate and performs the work will be the individuals that receive the annual incentive pay.
22.20. COMPUTER LOAN PROGRAM
Confidential Employees shall be eligible to purchase computer equipment through the City.
Under this program, the City shall offer a one-percent (1%) loan to Confidential Employees who purchase a computer, printer, scanner, and/or any directly-associated computer hardware/software package. All Confidential Employees who participate in this program must pay back the loan in full either directly or through payroll deductions within one year from the date of the loan. Confidential Employees shall make twelve equal payments payable once per month.
Confidential Employees shall be eligible for a subsequent loan contingent upon the full balance of the previous loan paid off in full. Employees electing to participate in this program shall specify in writing their agreement to allow withholding of any unpaid balance through payroll deductions in the event the employee leaves City service or expires.
The computer equipment shall remain the property of the Confidential Employee at all times after purchase.
//
Any Confidential Unit Employee who possess and maintains a Notary Public Commission shall receive an allowance of $125.00 per month. Employees who receive Notary Public Commission Pay shall remain subject to the needs and requirements of the City.
24.22. ACCOUNTING MANAGER – CERTIFIED PUBLIC ACCOUNTANT
LICENSE CERTIFICATION PAY
In accordance with the finance, budgeting, accounting requirements of the City and pursuant to the licensing requirements of the State of California Board of Accountancy, the position of Accounting Manager shall be entitled to Certification Pay in the amount of Five -Percent of salary based upon the Accounting Manager obtaining of and maintaining a California Certified Public Accountant License.
25.23. 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 budgeted.
2. Must be assigned in writing by the department head and approved by the City Manager to work in a higher classification and, therefore, performs substantially all of the duties of the higher classification for a period of more than ten (10) consecutive working days or eighty (80) consecutive working hours in a fiscal year, (or eight (8) consecutive working days) the employee, shall be entitled to be compensated with an additional five percent (5%) over his/her current rate of pay, beginning with the eleventh (11th) day or the eighty– first (81st) hour of the assignment. A continuous out–of–classification assignment bridging two (2) fiscal years shall be treated as if it occurred during the prior fiscal year.
For example, an employee receiving the compensation for an assignment, which commences on June 15 of one (1) fiscal year and ended on July 5 of the succeeding fiscal year, would receive compensation for the entire assignment. Similarly, an employee whose 11th day or eighty–first (81st) hour of out–of–classification assignment occurred during the prior fiscal year would commence receiving compensation as of the 11th day or eighty – first (81st) hour. This provision shall apply only as pensionable compensation for Classic Members as defined by the Public Employees’ Pension Reform Act (PEPRA) of 2013 as it is currently enacted and as it is amended in the future, and its implementing regulations, referred to hereinafter collectively as “PEPRA”.
3. The grievance procedure shall not be utilized by unit members in any confl ict and Management's assignment or non-assignment is final a binding upon all parties.
26.24. 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 b e implemented without reducing service levels and cost effectiveness . P.articipation in flexible work schedules is not mandatory, and approval to work such schedules remains at the sole discretion of the City. The approval to work a flexible schedule does not create a vested right for any employee to maintain that schedule. The City retains the right to modify, restrict, or terminate an employee’s flexible work schedule based on operational needs, performance
concerns, or other relevant factors. Nothing in this provision shall be construed to create an entitlement or automatic right to a flexible work schedule.
27.25. PERSONNEL SYSTEM RULES AND REGULATIONS
This M.O.U. sets forth certain benefits and working conditions for employees in the Unit.
Other rules, regulations, policies, and general working conditions governing employment for employees covered by this M.O.U. are set forth in the Personnel System Rules and Regulations of the City except that the discipline proposed or imposed on employees within this unit shall be subject to the procedures specified in Exhibit [A] entitled Section 12. Disciplinary Procedures, which is incorporated herein by this reference. If during the term of this M.O.U. the City desires to amend the Personnel System Rules and Regulations, the City shall give notice to the Unit of the proposed changes. Representatives of the City and Unit shall meet in a timely manner. Hours, wages, and general working conditions contained in the Personnel System Rules and Regulations are the proper subjec ts of the grievance procedure.
The City intends to revise Personnel Rules and Regulations at which time the City will consider incorporating a Violence in the Workplace Prevention Policy. When the revisions to the Rules and Regulations are discussed with all employee associations, City will consider Unit’s requests relating to that policy.
28.26. STANDBY PAY
Employees covered by this agreement who are assigned to standby duty shall be paid three hundred fifty dollars ($350.00) for each week that they are so assi gned. Standby pay can be broken down by a rate of $50.00 per day ($350.00 divided by 7 days) to the maximum of $350.00 per week. The City shall have full discretion in making and administering standby assignments. This shall include, but not be limited to, the authority of the City to:
1. Require an employee to be available at all hours by telephone or to use a pager.
2. To restrict employee’s travel in order to perform standby assignments.
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 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.
29.27. EVENT PAY
Any Unit Employee who is required to work a special event (i.e. Hollister Motorcycle Rally, Hollister Airshow, HazMat Day, etc.) and with City Manager’s approval will be compensated $400 per day.
30.28. HUMAN RESOURCES TECHNICIAN I/II – FLEXIBLY STAFFED
POSITION
The City shall advance employees that are in the entry level of flexibly staffed classifications 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.
31.29. TERM OF AGREEMENT
The term of this M.O.U. shall commence on July 1, 2023 2025 and shall expire June 30, 20252026, 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 effective date of this Memorandum of Understanding is the date on which the City Council takes action in an open and public meeting to ratify and approve this M.O.U. //
CITY OF HOLLISTER HOLLISTER CONFIDENTIAL
EMPLOYEE UNIT
Dated _________________________ Dated _________________________ By ____________________________ By ____________________________ David Mirrione Michelle Scharton
City Manager Group Representative
Dated _________________________
By ____________________________
Robert Lomeli
City Negotiator
[INSERT NAME]
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 15, 2025
REPORT # City Attorney-2025-09
AGENDA ITEM: A RESOLUTION APPROVING THE EXECUTIVE MANAGEMENT
UNIT SALARY AND BENEFITS PLAN
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Rob Lomeli, Assistant City Attorney
RECOMMENDED ACTION: Adopt a resolution approving the amendments to the Executive Management Unit Salary and Benefits Plan effective July 1, 2025.
DISCUSSION: The City of Hollister Executive Management Employees include the following positions: Administrative Services Director; Airport Director; Airport Manager; Assistant City Manager; Assistant IT Director; Building Official; City Clerk; City Engineer; City Manager; Development Services Director; Fire Division Chief/Fire Marshall; Fire Chief; Human Resources Manager; Information Systems Manager; IT Director; Parks & Recreation Director; Police Captain; Police Chief; Program Manager; Public Works Director; and Utility Manager.
Compensation and benefits for these executive management positions are established through the Executive Management Unit Salary and Benefits Plan . The City is proposing amendments to the current Salary and Benefits Plan to take effect July 1, 2025. Beginning in July 2025, City staff conducted a review of the existing compensation and benefits structure for Executive Management positions and developed proposed amendments to ensure equitable treatment across all City employee groups. City staff recommends adoption of the amended Executive Management Unit Salary and Benefits Plan, with modifications effective July 1, 2025, as shown in Attachment 1.
The recommended amendments to the Salary and Benefits Plan reflect a collaborative effort between the City and Executive Management to ensure that all City employees receive consistent and equitable treatment during this period of fiscal constraint . In alignment with modifications being implemented for all employee groups, the amended plan maintains current salary levels without wage increases for the coming year.
Executive Management has demonstrated leadership and organizational commitment by accepting these amendments that prioritize fiscal stability. The plan has been streamlined through these amendments to eliminate antiquated references to personnel rules and policies that are addressed elsewhere in City regulations, resulting in improved clarity and administrative efficiency. Health insurance benefits are being restructured to establish a fixed dollar contribution model that provides greater budget certainty by separating the City’s contribution from potential premium fluctuations in future years. Additionally, the amended plan features revised language concerning insurance opt-out provisions, removing previous ambiguities, and establishing clear procedures for administration.
These amendments ensure that Executive Management receives the same treatment as all other City employee groups, demonstrating a unified organizational approach to addressing current fiscal realities. The modifications reflect Executive Management’s understanding of the City’s fiscal position and their willingness to lead by example in supporting organizational sustainability while maintaining essential employment terms and ensuring equity across all levels of the organization.
FISCAL IMPACT: There is no fiscal impact associated with this item. The proposal does not include any increases to staff compensation, benefits, or staffing levels. All activities will be accomplished within existing budgeted resources and current personnel allocations.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution for Approval of Amendments to the Executive Management Unit Salary and Benefits Plan
2. Exhibit A – Executive Management Unit Salary and Benefits Plan Effective July 1, 2025
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING AMENDMENTS TO THE EXECUTIVE MANAGEMENT
UNIT SALARY AND BENEFITS PLAN EFFECTIVE JULY 1, 2025
WHEREAS, the City of Hollister Executive Management Employees include the following positions: Administrative Services Director; Airport Director; Airport Manager; Assistant City Manager; Assistant IT Director; Building Official; City Clerk; City Engineer; City Manager; Development Services Director; Fire Division Chief/Fire Marshall; Fire Chief; Human Resources Manager; Information Systems Manager; IT Director; Parks & Recreation Director; Police Captain; Police Chief; Program Manager; Public Works Director; and Utility Manager; and
WHEREAS, compensation and benefits for Executive Management positions are established through the Executive Management Unit Salary and Benefits Plan ; and
WHEREAS, the City has developed proposed amendments to the Executive Management Unit Salary and Benefits Plan to take effect July 1, 2025 ; and
WHEREAS, the proposed amendments maintain current salary levels without wage increases in recognition of the City's fiscal constraints and in alignment with modifications being requested for all employee groups; and
WHEREAS, the amendments streamline the plan by eliminating antiquated references to personnel rules and policies that are addressed elsewhere in City regulations, thereby improving clarity and administrative efficiency; and
WHEREAS, the amendments restructure health insurance benefits to es tablish a fixed dollar contribution model that provides greater budget certainty; and
WHEREAS, the amendments include revised language concerning insurance opt-out provisions that removes previous ambiguities and establishes clear procedures for administration; and
WHEREAS, Executive Management has demonstrated leadership and organizational commitment by accepting these amendments that prioritize fiscal stability while ensuring equitable treatment with all other City employee groups; and
WHEREAS, the City Council finds that the proposed amendments to the Executive Management Unit Salary and Benefits Plan serve the best interests of the City by promoting fiscal responsibility, administrative efficiency, and organizational equity.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:
Resolution No. 2025-XX
1. The City Council hereby approves the amendments to the Executive Management Unit Salary and Benefits Plan, attached hereto as Exhibit A and incorporated herein by reference, with such amendments to be effective July 1, 2025.
2. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 15, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, 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. 2025-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 15, 2025, 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 15, 2025.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
City of Hollister
EXECUTIVE MANAGEMENT UNIT
SALARY AND BENEFITS PLAN
EFFECTIVE JULY 1, 20232025
TABLE OF CONTENTS
Section 1. APPLICATION OF SALARY AND BENEFITS PLAN Page 4 Section 2. SALARY ADJUSTMENT Page 5
Section 3. HOLIDAYS Page 5
A. Holiday Schedule Page 5
B. Holiday Office Closure Page 5 Section 4. VACATION Page 6 A. Entitlement Page 6
B. Accrual Page 6
C. Maximum Accrual Page 7
D. Floating Holidays Page 7
Section 5. SICK LEAVE Page 7 A. Entitlement Page 7
B. Accrual Page 7
C. Sick Leave Conversion to Cash Page 7
D. Vacation Conversion to Cash Page 8
Section 6. ADMINISTRATIVE LEAVE Page 8
Section 7. INSURANCE Page 8 A. Description Page 8
B. Health Insurance Options Page 9
C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan Page 9 D. Terms of Health Care Participation Page 10
E. Health Care Contributions Page 10
F. Vision Insurance Page 10
G. Dental Insurance Page 10
H. Life Insurance Page
101
I. Long Term Disability Insurance Page 11
J. Health Insurance Waiver Option Page 11
K. Optional Health Benefits Page
112
L. Flexible Spending Accounts Page 12
M. Life Insurance Page 12 Section 8. RETIREMENT Page 12 A. Contribution Page 12
B. 1959 PERS Survivor Death Benefit Page 14
C. One-Year Final Compensation Benefit Page 14
D. DROP Program Page 14
Section 9. PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM Page 14 A. Professional Certificates Page 15
B. College Degrees and Certificates Page 15
C. Additional Eligibility Criteria Page 15
Section 10 PROFESSIONAL CERTIFICATE PAY Page 16
Section 11. TUITION REIMBURSEMENT Page 16
Section 12. DEFERRED COMPENSATION PROGRAM Page 16
Section 13. BILINGUAL ALLOWANCE Page 167
Section 14. DRUG FREE WORKPLACE POLICY Page 17
Section 15. MILEAGE REIMBURSEMENT / VEHICLES Page 17
Section 16. JURY DUTY AND SUBPOENAED WITNESS Page 178
Section 17. LONGEVITY BONUS PAY Page 18
Section 18. EVENT PAY Page 18
Section 19. SAFETY EQUIPMENT Page 18
Section 20. TERM OF AGREEMENT Page 18
1. APPLICATION OF SALARY AND BENEFITS PLAN
This Salary and Benefits Plan shall apply to the Executive Management Employees' Unit (hereafter referred to as "Executive Management Employees". This Unrepresented Unit includes the following Unrepresented Classifications.
Administrative Services Director
Airport Director
Airport Manager
Assistant City Manger
Assistant IT Director
Building Official
City Clerk
City Engineer
City Manager
Development Services Director
Fire Division Chief/Fire Marshall
Fire Chief
Human Resources Manager
Information Systems Manager
IT Director
Parks & Recreation Director
Police Captain
Police Chief
Program Manager
Public Works Director
Utility Manager
The Benefits stated in this Plan shall also apply to the Executive Management Employees under Employment Contract with the City, unless stated otherwise. Contracted Employees are not eligible for Salary Adjustments under Section 2.
2. SALARY ADJUSTMENT
Contracted Employees are not eligible for the Salary Adjustment under this Section. Wage Increases:
Effective upon execution of the MOU Resolution:
Effective the first full pay period after July 1, 20232025, the City shall apply a six zero percent (06%) increase to the salary schedule for all classifications in this unit. The City Manager classification is exempt and is not entitled to this pay increase.
This change is memorialized in the Salary Schedule included as ATTACHMENT A.
3. HOLIDAYS
to 12.5 paid holidays per year. These holidays are as
A. Holiday Schedule
All Executive Management employees are
entitled follows:
January 1 New Years Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Presidents Day
March 31 Cesar Chavez Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving
December 241h (1/2 day) Christmas Eve
December 25th Christmas Day
If one of the holiday listed above falls on a Sunday, then it shall be observed on the following Monday.
If one of the holidays listed above falls on a Saturday, then it shall be observed on the previous Friday.
B. Holiday Office Closure
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.
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) unit representative and one (1) City Management representative.
4. VACATION
A. Entitlement
All Executive Management employees are entitled to accrue vacation based on B. Accrual below.
Employees may take accrued vacation after the completion of six (6) months of service.
B. Accrual
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
Police Chief and Police Captain classifications shall accrue at the following rates:
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
C. Maximum Accrual
Executive Management Employees may only accumulate a maximum of 35 working days (280 hours) of vacation without the authorization of the City Manager. Accumulated vacation time of more than 35 days (280 hours) authorized by the City Manager must be used prior to the end of the calendar year or it will be lost.
D. Floating Holidays
Executive Management Employees shall receive two (2) floating holidays for the fiscal year for their use beginning on July 1 of each fiscal year.
5. SICK LEAVE
A. Entitlement
Sick leave shall be accrued at a rate of twelve (12) days per year (8 hours per month).
B. Accrual
Unused Sick Leave may be accrued without limit.
C. Sick Leave Conversion to Cash
All Executive Management Employees may be compensated for a percentage of accrued, unused sick leave to cash at retirement or death from City employment. The provisions for this policy are as follows:
1. Executive Management Employees may not "cash out" or be compensated for any of the first 240 hours of sick leave accrued.
2. Any Executive Management Employees 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 one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of retirement from City service.
3. The surviving spouse or State-registered Domestic Partner, beneficiary(s), dependent(s), or estate of any current employee of this unit who has completed 10 years of continuous service with the City and dies while employed by the City prior to retirement, will be compensated for one hundred percent (100%) of accrued, unused sick leave at the employee's hourly rate of pay at the time of death.
4. Any Executive Management Employee 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.
D. Vacation Conversion to Cash
Executive Management Employees may cash out vacation leave hours in the 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 Administrative Services Department at least thirty (30) days in advance.
Payments of cashed-out vacation leave will be made on the first full pay day which follows the end of the thirty (30) day advance. This payment will be made in the regular payroll check issued for that pay period.
6. ADMINISTRATIVE LEAVE
All Executive Management Employees shall receive eighty (80) hours Administrative Leave on July 1m of each fiscal year. The terms for use of Administrative Leave are as follows:
A. Administrative Leave credit will be accrued at the rate of 3.08 hours per pay period.
B. The entire eighty (80) hours of Administrative leave will be advanced and be available for use on July 1 of each fiscal year.
C. Leave usage must be identified and recorded on the official time card for the period in which leave was taken.
D. Residual Administrative Leave not utilized during the fiscal year may not be carried over into a subsequent year unless prior approval by the City Manager.
E Administrative Leave shall not be cumulative and may be cashed out a maximum amount up to 28 hrs. per fiscal year. Unused accrued Administrative Leave shall be paid out upon termination or retirement.
F. Excluding the provisions pursuant to Paragraph [G] below, in the event an eligible employee terminated during the year, unused accrued Administrative Leave shall be paid out in the same manner as unused vacation. If leave has been taken beyond that which is accrued, the employee must pay back all excess leave taken.
G. For eligible employees hired during the year, prorated leave credit will be accrued from the date of hire.
H. Each Executive Management Employee shall have the right to donate at any time all or a portion of his or her Administrative Leave to any City Employee pursuant to Resolution 2006-15 (Catastrophic Illness or Injury). Such donations shall not be subject to the requirement for repayment of Administrative Leave under Section [6] (E) herein.
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 PartyThird-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 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. For Calendar Year 2023, tThe City will continue to contribute a dollar amount towards medical insurance premiums at the following levels:
COVERAGE EMPLOYER CONTRIBUTION
Employee Only $1,162.71278.98
Employee Plus One $2,557.96325.42
Employee Plus Family $3,325.36023.05
b. For Calendar Year 2024, the City will increase its contributions by the actual increase to the PERS Platinum plan, or an amount not to exceed 10%. b. An amount equivalent to theThe City will's contributetion towards dental insurance. The required
contribution for employees electing dependent coverage in accordance with Section [E] in the following amounts:.
COVERAGE CITY CONTRIBUTION
Employee Only $49.80
Employee Plus One $100.63
Employee Plus Family $135.91
c. An amount equivalent to theThe City will's contributeion towards vision insurance.
The required
contribution for employees electing dependent coverage in accordance with Section [E] in the following amounts:.
COVERAGE CITY CONTRIBUTION
Employee Only $14.15
Employee Plus One $30.29
Employee Plus Family $30.29
c.d. In the event that surplus Flex Credits are available, any Executive Management employees shall have the option to allocate such Flex Credits to one or more of the following:
Executive Management Employees Flexible Spending Account. Roth Individual Retirement Account (IRA).
ICMA or City-authorized 457 Deferred Compensation Plan.
If a Unit 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.
4. 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 Section K. The cost of the optional premium not covered by available flex credits shall remain the employee's responsibility.
5. Employees who elect to waive any or all health coverage shall be subject to the terms and provisions described under Section JCT] 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 Salary and Benefits Plan 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 employeesFor 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 for Calendar Year 2022 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 Salary and Benefits Plan.
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 $100,000 for each member of the unit for the term of this Salary and Benefits Plan 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 $7,000
for the term of this Salary and Benefits Plan. 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 is eligible to participate (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 payrollcorresponding to the employee’s verified non-City insurance coverage (employee only, employee plus one dependent, or employee plus two or more dependents). To receive this benefit, employees must submit documentation demonstrating their enrollment in a qualified non-City health insurance plan at the applicable coverage level. This documentation must be provided at the time of waiver and during any subsequent verification periods as specified in Section [3] below. Upon verification of coverage, this cash amount will be paid as part of the employee’s bi-weekly payroll.
2. Employees within this unit shall be eligible to elect not to participate in the City's health care program only after participating 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 and verify any dependents as if they were receiving coverage through the City by an outside provider in order to maintain payment under this waiver option.
4. 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.the levels provided for in Section [C] above.
5. In addition to the coverage options specified under Article 7. Insurance of the Memorandum of Understanding between the City of Hollister and Executive Management Employees, the following optional health benefits shall be available to the employees of this bargaining unit.
K. Optional Health Benefits
Employees within this unit 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 a pre-tax payroll deduction 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 Accidental Only
Insurance Intensive Care Insurance
L. Flexible Spending Accounts (FSA's)
The City agrees to offer a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law to be funded by employee.
The City agrees to offer a pre-tax medical reimbursement account, up to the IRS maximum amount per year per employee.
M. 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.
8. RETIREMENT
A. Contribution (Based on Retirement Category):
All unit members enrolled in the PERS Miscellaneous retirement plan:
Tier 1
Effective the first full pay period after the execution of the Salary and Benefits Plan, 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 and all unit employees under the Public Safety (Police and Fire) CalPERS "3% @ age 50" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 2
Effective the first full pay period after the execution of the Salary and Benefits Plan, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS "2% @ age 60" Retirement Benefit Plan shall pay seven percent (7%) of their Compensation and all unit employees under the Public Safety (Police and Fire) Cal!PERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 3
Effective on or after January, 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.
Police Chief and Police Captain:
Tier 1
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
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution cl1anging 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
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.
Fire Chief and Fire Division Chief
Tier 1
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the Cal!PERS Retirement Employee Contribution Rate, all unit employees under the Public Safety – Fire CalPERS "3% @ age SO" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 2
Effective the first full pay period after the execution of the MOU, and the City's subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Public Safety - Fire CalPERS "3% @ age 55" Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees' contribution.
Tier 3
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.
B. 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.
C. 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 State Formulas, Final Compensation Period, and Contribution requirements as established by the PEPRA.
D. DROP Program (Deferred Retirement Option Plan)
For the term of this contract, the City agrees to discuss consideration of implementing a DROP Program for the next contract.
9. 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 Salary and Benefits Plan. 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 100 hours of specific training in a career field which results in a certificate of completion. The minimum one hundred (100) 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 calendar year can be received by an employee. If an employee receives a Ph.D., Master's degree or Bachelor's degree in a calendar year, the employee may also receive one (1) additional professional development incentive for a certificate earned in the same calendar year.
A. Professional Certificates - $2,500.00 Lump Sum
Fire - Emergency Medical Technician, Hazard Materials Certification.
B. College Degrees and Certificates - $2,500.00 Lump Sum Ph.D.
Master's Degree
Bachelor's Degree
Associate's Degree
C. 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 City Manager 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.
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 Salary and Benefits Plan, 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.
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 Hollister Personnel Rules & Regulations for Associate degrees, Bachelor's degrees, Master's degrees, and Ph.D. degrees.
10. PROFESSIONAL CERTIFICATE PAY
The Executive Management members who possess and maintains a Professional Certificate up to a maximum of three (3) shall be entitled to Certification Pay in the amount of Three Percent (3%) of salary based upon the obtaining of and maintaining the Certificate. The Certificate must pertain to the member's position and shall remain subject to the needs and requirements of the City.
Contracted Employees are not eligible for the Professional Certificate Pay under this Section.
Examples of Professional Certificates are:
Police - Intermediate, Advance, Supervisory, Management and Executive Information Systems - Microsoft, Computer Networking, Network Security Certifications Development Services - QSD, CECD
Management Services - Cross Connection
11. TUITION REIMBURSEMENT
Executive Management Employees are eligible to participate in the City's Tuition Reimbursement Program, which provides reimbursement of up to four thousand five hundred ($4,500) per employee per year of expenses incurred in job related educational programs which are approved by the City Manager.
A Tuition Reimbursement Advancement Program would allow Executive Management Employees who are in good standing, have completed their probationary period and has received approval form the City Manager to have amounts in excess of the four thousand five hundred ($4,500) 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.
Example: an employee has tuition and book cost of nine thousand dollars ($9,000) 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, nine thousand dollars ($9,000) is equivalent to (two) 2 years of reimbursement. That would require the employee to remain an employee for two years. If the officer employee 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.
12. 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 Salary and Benefits Plan.
13. 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 (reading, writing, translation) and who successfully pass a City-administered proficiency test shall receive an allowance of one hundred seventy-five dollars ($175.00) per month.
Level II – Written Translation
For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred and twenty-five dollars ($125.00) per month. Each department within the City will be allowed 3 positions of level 2 bilingual services. If a department’s need for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.
Employees who become eligible for Level II will be required to serve as an oral translator and/or provide written translation in the course of the employee’s duties on a regular and on going basis, per the City’s needs. These employees may be called upon by other departments on an as need basis.
Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e. City mailers, informational brochures, inserts in city utility billings, social medial, public notices, and any additional documents as needed.) Employees, who are currently receiving Level I Bilingual Allowance, will not be required to retest in order to continue receiving the monthly allowance.
Police Chief and Police Captain classifications shall receive an additional $50.00 per month for each level: Level I at $225.00 per month and Level II at $175.00 per month.
14. DRUG FREE WORKPLACE POLICY
The City’s Drug Free Workplace Policy, City Personnel Rule 2.05Section 15(G), adopted by Resolution 92- 116 (August 3, 1992), is incorporated by reference into this Salary and Benefits Plan.
15. MILEAGE REIMBURSEMENT/VEHICLES
1. The City shall reimburse all eligible unit members for mileage driven in their personal vehicles while conducting City Business at the rate specified by the Internal Revenue Service.
Claims for such reimbursement must be submitted on the proper City form and approve by the city before payment can be made.
2. Vehicle Use (Emergency Response – City Manager, Police Chief, Police Captain, Fire Chief, Fire Division Chief, and Information Systems & Technology Director) – Executive Management Employees, that have a vehicle assigned to the position, and such vehicle is equipped with emergency lights, siren and/ or tools or equipment essential to the work of that position and who’s job description requires that employee to respond at times after hours and be subject to be “On Call”, and respond to emergency situations, i.e., Crime investigations/Public Safety or computer network/ communication outage service calls, without further compensation for the afterhours response shall be allowed to take assigned vehicle home as long as such employee lives within a one-hour response time radius of the City. City will provide for fuel and vehicle maintenance.
16. JURY DUTY AND SUBPOENAED WITNESS
Any eligible employee of this unit shall be allowed to take leave from his/her City Duties without loss of wages, leave time or other benefits for the purpose of responding to jury selection or serving on a jury for which he/ she has been selected, subject to the limitation that an employee receive paid leave for jury duty not more than once per calendar year. In the case of serving on a jury more than one time during a year, the employee has the option of using leave time to mitigate loss of pay. No employee shall suffer loss of wages or other benefits responding to a subpoena to testify in court on behalf of the City.
17. LONGEVITY PAY
A longevity bonus shall be paid to employees of this unit who complete the following specified consecutive years of service. Contracted Employees are not eligible for the Longevity Pay under this Section:
NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
10 – 14 Years Three Percent (3%) of Base Salary
15 – 19 Years Six Percent (6%) of Base Salary
20 or more years Nine Percent (9%) of Base Salary
Police Chief and Police Captain classifications shall use the following formula for longevity pay:
NUMBER OF CONSECUTIVE YEARS LONGEVITY BONUS
5-9 years Three percent (3%) of base pay
10-14 years Six percent (6%) of base pay
15-19 years Nine percent (9%) of base pay
20 or more years Twelve percent (12%) of base pay
18. EVENT PAY
Any Executive Management Employee who is required to work a special event (i.e. Rally, Public Safety Strike Force Teams, HazMat Day, OTS Grant etc.) or any disaster with City Manager's approval will be compensated $500.00 per day.
19. SAFETY EQUIPMENT
The City agrees 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.
20. TERM
The term of this Salary and Benefits Plan shall commence on July 1, 20232025.
STAFF REPORT
HOLLISTER CITY COUNCIL
MEETING DATE: September 15, 2025
REPORT # City Attorney-2025-10
AGENDA ITEM: A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING WITH THE HOLLISTER PEACE OFFICER’S ASSOCIATION FOR 2025-2026
DEPARTMENT: City Attorney
DEPARTMENT HEAD: Mary Lerner, City Attorney
STAFF CONTACT: Rob Lomeli, Assistant City Attorney
RECOMMENDED ACTION: Adopt a resolution approving the Hollister Peace Officers’ Association Memorandum of Understanding for a term from July 1, 2025 to June 30, 2026 and authorize the City Manager to execute on behalf of the City.
DISCUSSION: The Hollister Peace Officers’ Association represents both sworn and non-sworn classifications within the Police Department. The sworn classifications include Police Officer, Police Sergeant, and Police Lieutenant. The non-sworn classifications include 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.
Compensation and benefits for these classifications are established through a Memorandum of Understanding with the City. The current one-year MOU expired on June 30, 2025. Beginning in March 2025, the City met with representatives of the Hollister Peace Officers’ Association to discuss compensation, benefits, and operational provisions. City staff recommends the proposed one-year MOU for the period of July 1, 2025 through June 30, 2026, as shown in Attachment 1.
The recommended MOU reflects the collaborative approach taken by both parties during negotiations, with the Association demonstrating understanding of the City’s current fiscal constraints. In recognition of these financial considerations, the proposed agreement maintains current salary levels without wage increases for the contract period. Consistent with modifications proposed across all employee groups, health insurance benefits have been restructured to establish a fixed dollar contribution amount that provides budget predictability by decoupling the City’s contribution from future insurance premium fluctuations.
Additionally, the MOU incorporates several provisions specific to police operations and administrative clarity. The agreement revises language regarding the Retiree Medical Trust to ensure compliance with PORAC requirements, strengthening the administration of post-employment benefits for public safety personnel. Call back pay provisions have been clarified to eliminate ambiguity and ensure consistent application when officers are recalled to duty outside regular shifts. The MOU clarifies field training officer assignment procedures to better align with current operational practices and training needs.
The agreement also reflects organizational changes within the Police Department .
Language regarding the gang enforcement training officer position has been eliminated to recognize the creation of the Special Investigations Unit, which now incorporates those specialized enforcement responsibilities. In response to current fiscal constraints, motorcycle pay has been eliminated for the duration of the MOU period . Additionally, vacation accrual language for lateral officers, previously contained within the recruitment and retention section, has been clarified and properly integrated into the appropriate sections of the agreement.
To support continued partnership with local educational institutions, the MOU allows for the implementation of a five-eight work schedule to maintain the School Resource Officer position at Hollister High School, ensuring consistent coverage and relationship building with students and staff. These operational modifications, combined with the streamlining of duplicative language related to personnel rules, demonstrate the Association’s commitment to supporting both the City’s fiscal stability and operational efficiency while maintaining essential employment terms and public safety services.
The modifications contained within this agreement are consistent with the framework being proposed across all other employee groups within the City, ensuring equitable treatment while addressing the unique operational requirements of public safety services.
FISCAL IMPACT: The proposed MOU is expected to result in modest cost savings to the City. The proposal does not include any increases to staff compensation, benefits, or staffing levels. All activities will be accomplished within existing budgeted resources and current personnel allocations.
PREVIOUS COUNCIL OR COMMISSION ACTION: N/A
CEQA: N/A
ATTACHMENTS:
1. Resolution for Approval of Hollister Peace Officers’ Association MOU
2. Exhibit A – Hollister Peace Officers’ Association Memorandum of Understanding 2025-2026
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF HOLLISTER AND THE HOLLISTER PEACE OFFICERS’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2025 THROUGH JUNE 30, 2026, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the Hollister Peace Officers' Association represents sworn classifications of Police Officer, Police Sergeant, and Police Lieutenant, and 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; and
WHEREAS, the previous Memorandum of Understanding between the City and the Association expired on June 30, 2025, and the parties have met and conferred in good faith since March 2025 to negotiate a successor agreement; and
WHEREAS, the parties have reached agreement on a one -year Memorandum of Understanding for July 1, 2025 through June 30, 2026, which maintains current salary levels and restructures health insurance benefits to fixed dollar contributions ; and
WHEREAS, representatives of the City and the Confidential Unit have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the agreement incorporates operational clarifications including revised Retiree Medical Trust language for PORAC compliance, updated provisions for call back pay, field training officer assignments, vacation accruals for lateral officers, and recognition of the new special investigations unit structure; and
WHEREAS, the agreement eliminates motorcycle pay as a fiscal measure and establishes a five-eight work schedule to maintain the School Resource Officer program at Hollister High School; and
WHEREAS, the proposed Memorandum of Understanding demonstrates a collaborative approach between the parties and the Hollister Peace Officers’ Association’s commitment to supporting the City’s fiscal stability while maintaining essential employment terms and preserving essential public safety services; and
WHEREAS, the City Council has reviewed the proposed Memorandum of Understanding and finds it to be in the best interests of the City and its employees.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:
Resolution No. 2025-XX
1. The City Council hereby approves the Memorandum of Understanding between the City of Hollister and the Hollister Peace Officers’ Association for the period of July 1, 2025, through June 30, 2026, attached hereto as Exhibit A and incorporated herein by reference.
2. The City Manager is hereby authorized and directed to execute the Memorandum of Understanding on behalf of the City of Hollister and to take all actions necessary to implement the terms and conditions contained therein .
3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on September 15, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Roxanne Stephens, 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. 2025-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 15, 2025 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 15, 2025.
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, 20242025– JUNE 30, 20252026
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. CITY RIGHTS……...………………………………………………………………………4 ARTICLE 5. SALARY AND SPECIAL COMPENSATION ............................................................ 5 A. Salary AdjustmentsSchedule ......................................................................................... 5 B. Deferred Compensation Plan ......................................................................................... 5 C. Longevity Bonus ............................................................................................................... 5 D. Standby Assignment…...………………………………………………...……………………6 E. Retirement ......................................................................................................................... 6 F. Retiree Medical Trust (RMT) ........................................................................................... 8 G. Overtime ………………………………………………….…………………………………... 10
H. Call Back Pay .................................................................................................................. 11 I. Court Time/DMV Hearing/Telephone Standby Pay for Court/Parole Hearing ......... 11 J. Bilingual Allowance ........................................................................................................ 11 K. Field Training Officer Assignment ................................................................................ 12 L. Senior Police Officer ...................................................................................................... 12 M. Master Police Officer………………………………………………………………………... 13 N. Detective Assignment .................................................................................................... 14 O. Motorcycle Pay ................................................................................................................ 14 P. Gang Enforcement Training Officer ........................................................................... 145 Q. Shift Differential .............................................................................................................. 15 R. Retention Bonus Program ............................................................................................. 15 S. Recruitment Measures ................................................................................................... 15 ARTICLE 6. INSURANCE ............................................................................................................ 16 A. CalPERS Medical ............................................................................................................ 16 B. Health Insurance Options ............................................................................................ 167 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan ........................................... 167 D. Terms for Health Care Participation ............................................................................. 18 E. Health Care Contributions ............................................................................................. 18 F. Vision Insurance ............................................................................................................. 18
2 G. Dental Insurance ............................................................................................................. 18 H. Life Insurance ................................................................................................................ 189 I. Long Term Disability Insurance .................................................................................. 189 J. Health Insurance Waiver Option ................................................................................... 19 K. Optional Health Benefits ............................................................................................ 1920 L. Flexible Spending Accounts (FSA's) ............................................................................ 20 M. Voluntary Life Insurance ................................................................................................ 20 N. Miscellaneous .................................................................................................................. 20 ARTICLE 7. POST CERTIFICATES / EDUCATIONAL INCENTIVE / PROFESSIONAL DEVELOPMENT INCENTIVES…………………………………………………………….………… 201 A. Post Certificates – Sworn ............................................................................................ 201 B. Education Pay – All Unit Employees ............................................................................ 21 C. Professional Development Incentives – Non-Sworn………………………………...…21 ARTICLE 8. JOB RELATED DISABILTIESDISABILITIES AND THE AMERICANS WITH
DISABILITIES ACT
………………………………………………………………………………………………………22
A. Job Related Disabilities ................................................................................................ 22 B. Americans With Disabilities Act ................................................................................. 223 ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT ........................................ 23 A. Uniform Allowance ......................................................................................................... 23 B. Boot Allowance ............................................................................................................... 23 C. Safety Equipment ............................................................................................................ 23 ARTICLE 101. GRIEVANCE PROCEDURES: SWORN PERSONNEL ..................................... 23 A. Definition ........................................................................................................................ 234 B. Stale Grievance ............................................................................................................... 24 C. Informal Discussion with Employee's Supervisor ...................................................... 24 D. Formal Written Grievance to Employee's Supervisor ................................................ 24 E. Grievance to Department Head/City Manager ............................................................. 24 F. Waiver of Appeal Steps ................................................................................................ 245 G. Advisory Fact Finding of Grievances ........................................................................... 25 H. Selection of a Fact Finder .............................................................................................. 25 I. Duty of a Fact Finder ...................................................................................................... 25 J. Payment of Costs ............................................................................................................ 25 K. Effect of Failure of Timely Action ................................................................................. 25 ARTICLE 112. LEAVES ............................................................................................................. 256 A. Bereavement Leave ...................................................................................................... 256 B. Family Sick Leave - Within Existing Benefit ................................................................ 26
3 ARTICLE 123. LAYOFF ............................................................................................................... 27 A. Order Of Layoff ............................................................................................................... 27 B. Seniority Determination ................................................................................................. 27 C. Re-employment ............................................................................................................... 28 ARTICLE 134. MISCELLANEOUS .............................................................................................. 28 A. Personnel Notices........................................................................................................... 28 B. Tuition Aid/Reimbursement and Tuition Reimbursement Advancement Program... 28 C. Vacation Accrual And Vacation Allowance ................................................................. 29 D. CalPERS Credit For Unused Sick Leave ...................................................................... 30 E. Sick Leave Conversion To Cash ................................................................................... 30 F. Probationary Period ..................................................................................................... 301 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 145. MAINTENANCE OF OPERATIONS ................................................................... 32 ARTICLE 156. PREVAILING M.O.U ........................................................................................ 323 ARTICLE 167. HOLIDAYS AND HOLIDAY PAY ....................................................................... 33 ARTICLE 178. DRUG FREE WORKPLACE POLICY .............................................................. 334 ARTICLE 189. SAVINGS CLAUSE ........................................................................................... 334 ARTICLE 1920. UNION BUSINESS ............................................................................................ 34 ARTICLE 201. 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. CITY RIGHTS
The City retains the right, subject to and in accordance with applicable laws, and the provisions of this MOU, (1) to direct employees in the performance of their duties; (2) to hire, promote, transfer, assign, and discipline employees; (3) to dismiss employees because of lack of work or in accordance with personnel rules and regulations; (4) to determine the
5 mission of its divisions and departments, and its budget, organization, number of employees, and the numbers, types, classifications, descriptions, and grades of positions or employees assigned to an organizational unit, work project shift, or tour of duty, and the methods and technology of performing its work; and (5) to take whatever action may be appropriate to carry out its mission in situations of emergency.
A. Salary AdjustmentsSchedules
1. Compensation Adjustments Sworn Unit ClassificationsFiscal Year 2025-2026 – Effective the ratification and City Council approval of this MOU, all positions shall receive a zero percent (0.00%) wage increase to base salary.
1. 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
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
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
6 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 1/2) 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 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
7 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 Miscel laneous CalPERS “2.5% @ age 55” Retirement Benefit Plan shall pay eight percent (8%) of their Compensation as part of the Employees’ contribution.
Tier 2
b. Effective the first full pay period after the execution of the MOU, and the City’s subsequent adoption of the Resolution changing the CalPERS Retirement Employee Contribution Rate, all unit employees under the Miscellaneous CalPERS “2% @ age 60” Retirement Benefit Plan shall pay seven percent (7%) of their Compensation as part of the Employees’ contribution.
Tier 3
c. Effective on or after 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.