Agenda packet — Hollister City Council, October 5, 2026 (part 1 of 2)

CITY OF HOLLISTER

CITY COUNCIL AGENDA

REGULAR MEETING

Monday, October 5, 2026, 6:30 p.m.

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

Roxanne Stephens, Mayor Ana Cortez, City Manager Rudy Picha, Council Member, District 1 Dayna D. Louie, City Attorney Rolan Resendiz, Council Member, District 2
Dolores Morales, Council Member, District 3
Priscilla de Anda, Council Member, District 4

Gordon Machado, City Treasurer

As of January 1, 2023, the Levine Act (Government Code Section 84308) applies to City Council proceedings involving a license, permit, or other entitlement for use.

Pursuant to Government Code Section 84308, no Council Member shall accept, solicit, or direct a contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, shall disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.

Pursuant to Government Code Section 84308(d), any party to a covered proceeding before the Council is required, and any participant to such a proceeding is strongly urged, to disclose on the record of the proceeding any contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by them or their agent to any Council Member. The disclosure must include the name of the party or participant and any other person making the contribution, if any; the name of the recipient; the amount of the contribution; and the date the contribution was made.

The disclosure shall occur in the manner required under Government Code Section 84308 and any applicable state or local regulations, opinions, or policies. No party or their agent, and no participant or their agent, shall make a contribution of more than $500 to any Council Member during the proceeding or for 12 months after a final decision is rendered in that proceeding.

The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the requirements of the law.

NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following

recognition, persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

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

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

The public may watch the meeting via live stream at:

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

Community Media Access Partnership (CMAP):
https://www.youtube.com/@CMAPTVGovHollister

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

Public Participation:

The public may attend meetings.

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

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

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

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between 12:00 and 1:00 p.m.)

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

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

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

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

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1.CALL TO ORDER

2.ROLL CALL

3.PLEDGE OF ALLEGIANCE

4.SPECIAL ORDERS OF THE DAY

4.1 BINATIONAL HEALTH WEEK PROCLAMATION

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

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

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

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

6.1 SEPTEMBER 21, 2026 REGULAR MEETING MINUTES

6.2 WARRANT REGISTER OCTOBER 05, 2026
COUNCIL NEXT STEPS:

Ratify and approve the Warrant Registers for the General-Special-Enterprise- Assessment Funds attached.

6.3 APPOINTMENT OF BRIAN CHAVEZ TO THE FINANCIAL OVERSIGHT TASK FORCE
COUNCIL NEXT STEPS:

Approve appointment of Brian Chavez to the Financial Oversight Task Force.

6.4 A RESOLUTION APPROVING CALWARN PARTICIPATION AND AUTHORIZING

EXECUTION OF THE MUTUAL ASSISTANCE AGREEMENT
COUNCIL NEXT STEPS:

Adopt a resolution approving the City of Hollister’s participation in the California Water/Wastewater Agency Response Network (CalWARN), approving the CalWARN 2007 Omnibus Mutual Assistance Agreement, and authorizing the City Manager to execute the Agreement and related membership documents.

6.5 RESOLUTIONS APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION (HFFU) LOCAL 3395 AND AUTHORIZING IAFF MEDICAL EXPENSE City of Hollister City Council Meeting

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REIMBURSEMENT PLAN CONTRIBUTIONS
COUNCIL NEXT STEPS:

Adopt resolutions approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HFFU Local 3395 and authorizing mandatory contributions to the IAFF Medical Expense Reimbursement Plan.

7.PUBLIC HEARINGS

7.1 APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL AND REPLACE CHAPTER 17.32, ACCESSORY DWELLING UNITS
COUNCIL NEXT STEPS:

Waive the First Reading and Adopt an Ordinance amending the Zoning Ordinance to repeal and replace Chapter 17.32, Accessory Dwelling Units.

8.COUNCIL BUSINESS

8.1 INITIATION OF THE PROCUREMENT PROCESS FOR PUBLIC UTILITY

CONCESSIONAIRE
COUNCIL NEXT STEPS:

Provide direction to staff to execute procurement selecting a Concessionaire to operate water, wastewater and sewer utilities.

8.2 RECEIVE REPORT ON USES OF HELEN ROSS FUND
COUNCIL NEXT STEPS:

Receive report on uses of Helen Ross Fund and provide direction regarding staff’s proposed use of Fund 506 to support personnel costs associated with the care and feeding of animals housed at the Hollister Animal Shelter.

8.3 RECEIVING THE ANIMAL CARE, CONTROL AND SERVICES REPORT COUNCIL NEXT STEPS:

Receive information regarding Animal Control, Care and Services operations.

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

9.1 COMMITTEE ASSIGNMENTS
Receive oral reports from members regarding the activities of various ad hoc and standing City Council committees.

9.2 COUNCIL REPORTS
Receive informational reports from the City Council.

9.3 CITY MANAGER REPORT
Sewer•
Water•

10.CLOSED SESSION

10.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code section 54957 (b)
City of Hollister City Council Meeting

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Title: City Manager

11.ADJOURNMENT

12.VERIFICATION OF AGENDA POSTING
The agenda for the City Council of the City of Hollister regular meeting of Octoer 5, 2026, was posted on the bulletin board at City Hall on October 2, 2026 per Government Code Section 54954.2.

City of Hollister City Council Meeting

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

City of Hollister Website:
https://hollister.ca.gov/government/agendas___minutes.php

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

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

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

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

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

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

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

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

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PROCLAMATION

HONORING AND DECLARING “THE XXVI ANNUAL BINATIONAL HEALTH WEEK”

THROUGHOUT HOLLISTER, CALIFORNIA

WHEREAS, the Secretariats of Health and of Foreign Affairs of Mexico, the Ministries of Foreign Affairs of Guatemala, Honduras, Colombia, and Peru, the United States -Mexico Border Health Commission, and the Health Initiative of the Americas, a program of the University of Berkeley School of Public Health, have recognized the necessity of improving access to health services for the underserved Latino population in the United States of America; and

WHEREAS, since 2001 through 2025, the Health Initiative of the Americas and partnering organizations convened twenty-five Binational Health Weeks, an unprecedented effort overseen by multi-agency taskforces, which conducted health promotion and education activities for the underserved Latino population in the United States and over 4 million people have benefited from the health activities; and

WHEREAS, the State of California, acknowledges the many organizations, including San Benito Health Foundation, and all the volunteers collaborating to provide health fairs and educational health workshops; and

WHEREAS, Binational Health Week provides an opportunity to highlight critical health issues in the State of California and throughout the United States and will serve as the basis for future bilateral efforts; and

WHEREAS, San Benito Health Foundation in Hollister, California, has demonstrated longstanding leadership in advancing equitable access to comprehensive health services for farmworkers, immigrant families, and underserved rural communities, providing culturally and linguistically appropriate care that strengthens the health and well-being of San Benito County; and

WHEREAS, San Benito Health Foundation continues to serve as a regional model for community- centered public health by hosting annual Binational Health Week activities, expanding preventive care, oral health, behavioral health, and chronic disease management services, and fostering partnerships that uplift the Latino populations throughout San Benito County and surrounding counties.

NOW, THEREFORE, I, Roxanne Stephens, Mayor of Hollister, do hereby proclaim that in honor of those efforts to improve public health, the month of October 2026 be declared “The XXV Annual Binational Health Week” throughout the City of Hollister.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of Hollister this 5th day of October 2026.

______________________________
Roxanne Stephens, Mayor
ATTEST:

________________________________
Merab Talamantes, City Clerk

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

September 21, 2026, 6:30 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 6:30 p.m.

2. ROLL CALL
City Clerk Talamantes called the roll.

3. PLEDGE OF ALLEGIANCE
Councilmember Resendiz led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY

4.1 NATIONAL RECOVERY MONTH PROCLAMATION
Charise Jackson from Sunset Centers received the proclamation.

4.2 RECEIVE REPORT OF EAGLE SCOUT PROJECT COMPLETED AT
THE HOLLISTER POLICE ANIMAL SHELTER IN AUGUST OF 2026
Riley Wells, Eagle Scout, provided a presentation to the City Council regarding his Eagle Scout project at the Hollister Police Animal Shelter.

4.3 COUNCIL OF SAN BENITO COUNTY GOVERNMENTS (COG) UPDATE Binu Abraham, Executive Director of the San Benito Council of Governments (COG), provided an update on COG transportation projects, including the State Route 25 Corridor Project, Assembly Bill 2059 (AB 2059), transit services provided by COG, and the future of zero-emission bus propulsion technology in San Benito County.

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2 Bob Tiffany provided public comment regarding the collaboration and efforts that contributed to the passage of AB 2059.

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Mayor Stephens opened public comment at 7:20 p.m.

Andy Hsia-Coron commented regarding his recent experience while collecting signatures for an initiative petition.

Mary Hsia-Coron commented regarding her recent experience while collecting signatures for an initiative petition.

Brigitte Bauman commented in support of the Urban Grow petition.

Cassandra Orozco invited the community to attend the Safe Streets for All Vision Zero event at the Veterans Memorial Building on October 24, 2026, from 12:00 p.m. to 4:00 p.m.

Jon Casey commented regarding the Urban Growth petition.

Mayor Stephens closed public comment at 7:33 p.m.

6. CONSENT ITEMS
Councilmember Morales pulled Item 6.3 from the consent calendar.

Mayor Stephens opened public comment for items 6.1, 6.2, 6.4, 6.5, and 6.6 at 7:34 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 7:34 p.m.

Moved by: Council Member Picha
Seconded by: Council Member Morales
Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda
Carried (5 to 0)

6.1 SEPTEMBER 8, 2026 REGULAR MEETING MINUTES

6.2 SEPTEMBER 9, 2026 SPECIAL MEETING MINUTES

6.4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD
DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2026 SAN

BENITO COUNTY FAIR
Moved by: Council Member Picha
Seconded by: Council Member Morales

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3 Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 33rd Agricultural Association for the 2026 San Benito County Fair.

Carried

6.5 WARRANT REGISTER SEPTEMBER 21, 2026
Moved by: Council Member Picha
Seconded by: Council Member Morales
Ratify and approve the Warrant Registers for the General-Special- Enterprise-Assessment Funds attached.

Carried

6.6 A RESOLUTION ACCEPTING A $1,000,000 PROPOSITION 64 PUBLIC

HEALTH AND SAFETY GRANT FROM THE BOARD OF STATE AND

COMMUNITY CORRECTIONS AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE GRANT AGREEMENT
Moved by: Council Member Picha
Seconded by: Council Member Morales
Adopt a resolution accepting the $1,000,000 Proposition 64 Public Health and Safety Grant Program, Cohort 4, award from the Board of State and Community Corrections (BSCC) and authorizing the City Manager, or designee, to execute Grant Agreement No. BSCC 1444 -26, including any amendments thereof, and related documents necessary to administer the grant. The grant period is July 1, 2026 through December 31, 2031.

Carried

6.3 APPOINTMENT OF CHARLES TUMBAGA TO THE FINANCIAL

OVERSIGHT TASK FORCE
Council Member Morales requested the appointment of two additional members to the Task Force. Director O’Connell offered to provide the applications to begin the appointment process and invited interested individuals to attend the Task Force meeting on September 26, 2026, at 9:00 a.m.

Mayor Stephens opened public comment at 7:36 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 7:36 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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4 Approve the appointment of Charles Tumbaga to the Financial Oversight Task Force.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

7. COUNCIL BUSINESS
City Manager Cortez requested that Items 7.1 through 7.4 be presented concurrently. Mayor Stephens granted the request.

Director O’Connell presented the staff report for Items 7.1 through 7.4.

Mayor Stephens opened public comment at 7:42 p.m.

Jon Casey commented regarding the need for a multi-year financial plan with measurable goals to address financial challenges.

Mayor Stephens closed public comment at 7:44 p.m.

7.1 JUNE 30, 2026, BUDGET TO ACTUAL, TREASURY REPORT,

BUILDING PERMIT REPORT, FINANCIAL REPORTS- GENERAL FUND

AND CONTRACTS
Council received the report.

Receive and discuss reports and long-term sustainability strategies.

7.2 JUNE 30, 2026 BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE WATER FUND
Council received the report.

7.3 JUNE 30, 2026, BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE SEWER FUND
Council received the report.

7.4 JUNE 30, 2026, BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE AIRPORT FUND
Council received the report.

7.5 JULY 31, 2026, FINANCIAL REPORTING-GENERAL FUND, WATER,

SEWER AND AIRPORT FUNDS, TREASURY REPORT, BUILDING

PERMITS AND CONTRACTS
Director O’Connell presented the staff report.

Mayor Stephens opened public comment at 7:57 p.m.

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5 Jon Casey commented regarding the monthly report and the need for long-term goals to achieve financial stability.

Mayor Stephens closed public comment at 8:00 p.m.

Council received the report.

8. INFORMATIONAL REPORTS

8.1 COMMITTEE ASSIGNMENTS
Council Member Picha reported on the recent improvements to the City’s permitting process, ongoing work at the Hollister Municipal Airport, and recent discussions regarding Nash Road.

Council Member Morales reported on recent discussions at the 3CE meeting regarding clean-air vehicles.

8.2 COUNCIL REPORTS
None.

8.3 CITY MANAGER REPORT
City Manager Cortez provided updates regarding her recent attendance at the 3CE meeting, communications with the Water Board, plans to attend the League of California Cities Annual Conference, and recent Public Records Act request activity.

1. PRA Report-August

9. CLOSED SESSION
City Manager Ana Cortez read the closed session item title for 9.1 only. Item 9.2 was removed from the agenda.

Mayor Stephens convened the meeting into closed session at 8:12 p.m.

9.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code section 54957 (b)
Title: City Manager

10. ADJOURNMENT
Mayor Stephens adjourned the meeting at 9:09 p.m.

Merab Talamantes, City Clerk

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

September 21, 2026, 6:30 p.m.

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

Members Present: Roxanne Stephens, Mayor
Rudy Picha, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Priscilla de Anda, District 4

_____________________________________________________________________

1. CALL TO ORDER
Mayor Stephens called the regular meeting of the City Council of the City of Hollister to order at 6:30 p.m.

2. ROLL CALL
City Clerk Talamantes called the roll.

3. PLEDGE OF ALLEGIANCE
Councilmember Resendiz led the Pledge of Allegiance.

4. SPECIAL ORDERS OF THE DAY

4.1 NATIONAL RECOVERY MONTH PROCLAMATION
Charise Jackson from Sunset Centers received the proclamation.

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2 Bob Tiffany provided public comment regarding the collaboration and efforts that contributed to the passage of AB 2059.

5. PUBLIC INPUT FOR ITEMS NOT ON THE AGENDA
Mayor Stephens opened public comment at 7:20 p.m.

Andy Hsia-Coron commented regarding his recent experience while collecting signatures for an initiative petition.

Mary Hsia-Coron commented regarding her recent experience while collecting signatures for an initiative petition.

Brigitte Bauman commented in support of the Urban Grow petition.

Cassandra Orozco invited the community to attend the Safe Streets for All Vision Zero event at the Veterans Memorial Building on October 24, 2026, from 12:00 p.m. to 4:00 p.m.

Jon Casey commented regarding the Urban Growth petition.

Mayor Stephens closed public comment at 7:33 p.m.

6. CONSENT ITEMS
Councilmember Morales pulled Item 6.3 from the consent calendar.

Mayor Stephens opened public comment for items 6.1, 6.2, 6.4, 6.5, and 6.6 at 7:34 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 7:34 p.m.

6.1 SEPTEMBER 8, 2026 REGULAR MEETING MINUTES

6.2 SEPTEMBER 9, 2026 SPECIAL MEETING MINUTES

6.4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR EMERGENCY MEDICAL SERVICES WITH THE 33RD
DISTRICT AGRICULTURAL ASSOCIATION FOR THE 2026 SAN

BENITO COUNTY FAIR
Moved by: Council Member Picha
Seconded by: Council Member Morales

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3 Adopt a resolution authorizing the City Manager to execute a contract for emergency medical services with the 33rd Agricultural Association for the 2026 San Benito County Fair.

Carried

6.6 A RESOLUTION ACCEPTING A $1,000,000 PROPOSITION 64 PUBLIC

HEALTH AND SAFETY GRANT FROM THE BOARD OF STATE AND

COMMUNITY CORRECTIONS AND AUTHORIZING THE CITY

Carried

6.3 APPOINTMENT OF CHARLES TUMBAGA TO THE FINANCIAL

Mayor Stephens opened public comment at 7:36 p.m.

There were no speakers for the consent agenda items.

Mayor Stephens closed public comment at 7:36 p.m.

Moved by: Council Member Resendiz
Seconded by: Council Member Picha

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4 Approve the appointment of Charles Tumbaga to the Financial Oversight Task Force.

Ayes (5): Mayor Stephens, Council Member Picha, Council Member Resendiz, Council Member Morales, and Council Member de Anda Carried (5 to 0)

7. COUNCIL BUSINESS
City Manager Cortez requested that Items 7.1 through 7.4 be presented concurrently. Mayor Stephens granted the request.

Director O’Connell presented the staff report for Items 7.1 through 7.4.

Mayor Stephens opened public comment at 7:42 p.m.

Jon Casey commented regarding the need for a multi-year financial plan with measurable goals to address financial challenges.

Mayor Stephens closed public comment at 7:44 p.m.

7.1 JUNE 30, 2026, BUDGET TO ACTUAL, TREASURY REPORT,

BUILDING PERMIT REPORT, FINANCIAL REPORTS- GENERAL FUND

AND CONTRACTS
Council received the report.

Receive and discuss reports and long-term sustainability strategies.

7.2 JUNE 30, 2026 BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE WATER FUND
Council received the report.

7.3 JUNE 30, 2026, BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE SEWER FUND
Council received the report.

7.4 JUNE 30, 2026, BUDGET TO ACTUAL FINANCIAL REPORTING FOR

THE AIRPORT FUND
Council received the report.

7.5 JULY 31, 2026, FINANCIAL REPORTING-GENERAL FUND, WATER,

SEWER AND AIRPORT FUNDS, TREASURY REPORT, BUILDING

PERMITS AND CONTRACTS
Director O’Connell presented the staff report.

Mayor Stephens opened public comment at 7:57 p.m.

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5 Jon Casey commented regarding the monthly report and the need for long-term goals to achieve financial stability.

Mayor Stephens closed public comment at 8:00 p.m.

Council received the report.

8. INFORMATIONAL REPORTS

Council Member Morales reported on recent discussions at the 3CE meeting regarding clean-air vehicles.

8.2 COUNCIL REPORTS
None.

1. PRA Report-August

9. CLOSED SESSION
City Manager Ana Cortez read the closed session item title for 9.1 only. Item 9.2 was removed from the agenda.

Mayor Stephens convened the meeting into closed session at 8:12 p.m.

9.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code section 54957 (b)
Title: City Manager

10. ADJOURNMENT
Mayor Stephens adjourned the meeting at 9:09 p.m.

Merab Talamantes, City Clerk

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 5, 2026
REPORT # Finance-2026-46

AGENDA ITEM: WARRANT REGISTER OCTOBER 05, 2026

DEPARTMENT: Finance Department
DEPARTMENT HEAD: Jessica O'Connell, Finance Director

COUNCIL NEXT STEPS: Ratify and approve the Warrant Registers for the General- Special-Enterprise-Assessment Funds attached.

FISCAL IMPACT: 26/27

CEQA: N/A

ATTACHMENTS:

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 5, 2026
REPORT # Will auto populate once assigned

AGENDA ITEM: APPOINTMENT OF BRIAN CHAVEZ TO THE FINANCIAL

OVERSIGHT TASK FORCE

DEPARTMENT: Finance Department
DEPARTMENT HEAD: Jessica O'Connell, Finance Director

COUNCIL NEXT STEPS: Approve the appointment of Brian Chavez to the Financial Oversight Task Force.

DISCUSSION:

The City Council established the Financial Oversight Task Force to assist in promoting transparency, accountability, and long-term fiscal sustainability through community participation and financial review. The Task Force serves as an advisory body to the City Council and provides an opportunity for residents and stakeholder representatives to review financial information, evaluate budget trends, and provide recommendations regarding the City's financial future.

The Financial Oversight Task Force was created to provide an independent community perspective on the City's financial condition while increasing transparency and public engagement throughout the budget process. Members will receive presentations from City staff and may discuss topics including revenue enhancement opportunities, expenditure management, capital planning, infrastructure needs, organizational efficiencies, and other financial matters affecting the City's future.

The Financial Oversight Task Force serves solely in an advisory capacit y. The Task Force does not possess authority to direct City operations, approve expenditures, negotiate labor agreements, establish financial policy, or make binding decisions. All authority regarding the City's budget, financial policies, expenditures, and implementation of recommendations remains with the City Council.

The Task Force structure consists of one City Council Liaison, one Finance Representative, one SEIU Representative, one Police Association Representative, one Fire Association Representative, the City Treasurer, and six community members appointed by the City Council. Community members are selected based upon their interest or experience in finance, accounting, budgeting, business operations, public administration, economics, strategic planning, data analysis, or related fields.

Staff is requesting that the City Council approve the appointment of Brian Chavez to serve on the Financial Oversight Task Force.

FISCAL IMPACT: Up to six Community members appointed to the Financial Oversight Task Force are eligible to receive a participation stipend of $100 per meeting attended.

Stipends will be paid in a lump sum at the conclusion of the six-month appointment term in accordance with the adopted Financial Oversight Task Force Charter. Funding is

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available within the approved City Manager's Office budget. Other Task Force members are not eligible to receive this stipend.

PREVIOUS COUNCIL OR COMMISSION ACTION: At their September 21, 2026 meeting, the City Council approved the appointment of Charles Tumbaga to the Financial Oversight Task Force.

CEQA: Not a project under CEQA.

ATTACHMENTS:

1. Financial Oversight Task Force Application from Brian Chavez

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FINANCIAL OVERSIGHT TASK FORCE

COMMUNITY MEMBER APPLICATION

The City of Hollister is Seeking Residents to Support
Financial Transparency and Accountability
The City of Hollister is seeking qualified residents to serve on the Financial Oversight Task Force, an advisory committee established to promote transparency, accountability, and responsible financial planning for the future of the City.

The Financial Oversight Task Force will provide community-based review of financial information, budget priorities, and long-term fiscal sustainability efforts. Members will work collaboratively with City representatives and community stakeholders to evaluate financial conditions and provide recommendations to the City Council.

PURPOSE OF THE FINANCIAL OVERSIGHT TASK FORCE
The Financial Oversight Task Force will assist the City by:
 Reviewing City financial information, budget trends, and long-term financial forecasts;
 Evaluating revenue and expenditure considerations;
 Identifying opportunities for operational efficiencies and responsible resource management;
 Reviewing financial sustainability strategies;
 Providing community perspective regarding City priorities and services;  Supporting transparency and accountability in the City’s financial planning process.

The Financial Oversight Task Force will serve in an advisory capacity. Final authority regarding the City budget, expenditures, financial policies, and implementation of recommendations remains with the City Council.

DESIRED QUALIFICATIONS
The City is seeking residents with professional experience, education, or demonstrated interest in areas including:
 Financial analysis;
 Accounting;

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 Budget management;
 Business operations;
 Economics;
 Public administration;
 Data analysis;
 Strategic planning;
 Government finance;
 Organizational efficiency.

Applicants should have the ability to review financial information, analyze data, ask informed questions, and participate in constructive discussions focused on the long- term financial health of the City of Hollister.

TERM OF SERVICE
Selected community members will serve a:

Six (6) Month Appointment Term
At the conclusion of the term, the City Council may evaluate the effectiveness of the Financial Oversight Task Force and determine future appointments or continuation.

MEMBER RESPONSIBILITIES & EXPECTATIONS
Members are expected to:
 Attend regularly scheduled Financial Oversight Task Force meetings;  Review financial materials provided by City staff;
 Participate in discussions and provide thoughtful feedback;  Maintain professionalism and respect differing perspectives;  Consider the overall interests of the Hollister community.

Members may miss no more than one (1) scheduled meeting during their six-month term.

Members who exceed the allowed absence may become ineligible to receive the meeting stipend.

COMMUNITY MEMBER PARTICIPATION STIPEND
To recognize the time commitment required and encourage meaningful community participation, each appointed resident member of the Financial Oversight Task Force:

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: September 21, 2026
REPORT # Public Works-2026-47

AGENDA ITEM: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HOLLISTER APPROVING PARTICIPATION IN THE CALIFORNIA
WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN),
APPROVING THE 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

DEPARTMENT: Public Works
DEPARTMENT HEAD: Tony White, Public Works Director

COUNCIL NEXT STEPS: Adopt a resolution approving the City of Hollister’s participation in the California Water/Wastewater Agency Response Network (CalWARN), approving the CalWARN 2007 Omnibus Mutual Assistance Agreement, and authorizing the City Manager to execute the Agreement and related membership documents.

DISCUSSION: CalWARN is a statewide mutual aid and assistance network for water and wastewater agencies. The program provides participating utilities with a pre- established process to request or provide specialized personnel, equipment, materials, supplies, and other utility resources during emergencies when local capabilities are insufficient. Participation is voluntary and there is no CalWARN membership fee.

The City operates critical drinking water, sewer collection, and wastewater infrastructure that must remain functional during earthquakes, power outages, equipment failures, flooding, SCADA disruptions, and other emergencies. Joining CalWARN would provide the City with access to a statewide network of utilities if an emergency occurs.

Key provisions of the CalWARN Articles of Agreement/2007 Omnibus Mutual Assistance Agreement include:
 Mutual assistance: Establishes an intrastate program through which member water and wastewater agencies may coordinate emergency response and share resources.
 Authorized Officials and 24-hour contacts: Each member identifies Authorized Officials and emergency contacts who may request, offer, or refuse assistance.  Voluntary response: A member is not required to provide requested assistance and may decline or withdraw resources.
 Cost reimbursement: Unless otherwise agreed, the requesting member reimburses the responding member for eligible personnel, equipment, materials, supplies, transportation, fuel, and related response costs.

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 Liability and personnel protections: CalWARN mutual aid requests from another member agency, the requesting agency agrees to defend, indemnify, and hold harmless, its officers, employees, and agents from claims, damages, losses, or liabilities arising from the mutual aid provided.  Dispute resolution and confidentiality: Establishes procedures for resolving disputes and requires members, to the extent permitted by law, to protect confidential information.
 Membership and withdrawal: Membership becomes effective upon execution of the required documents, and a member may withdraw by written notice in accordance with the Agreement; obligations incurred before withdrawal remain enforceable.

Benefits to the City of Hollister include:
 Faster access to specialized resources: Provides a direct mechanism to obtain utility operators, repair crews, pumps, generators, equipment, materials, and other specialized resources during an emergency.
 Pre-negotiated emergency terms: Avoids having to negotiate a new mutual aid agreement while an emergency is underway.
 Statewide and regional support: Expands the City’s emergency resource pool beyond local staff, contractors, and neighboring agencies.  No membership fee: Participation does not require an annual CalWARN membership charge.
 Local operational control is preserved: The City is not required to send resources when doing so would compromise Hollister’s own water or wastewater operations.
 Defined reimbursement process: Establishes a contractual mechanism for reimbursement when Hollister provides assistance and identifies the City’s reimbursement responsibilities when it requests assistance.  Improved emergency preparedness: Maintains established contacts and a recognized utility mutual aid structure consistent with SEMS/NIMS that can be incorporated into City emergency planning and exercises.

Administering the agreement would ultimately fall upon City Public Works staff. Their responsibility would be organizing the City’s operational participation, including maintenance of emergency contacts and designation of operational Authorized Offi cials.

Staff is requesting that the City Council approve participating in the CalWARN program and approve the 2007 Omnibus Mutual Assistance Agreement and authorize the City Manager to execute the Agreement and any related membership or governance

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documents required for participation.

FISCAL IMPACT: There is no CalWARN membership fee and no immediate direct fiscal impact other than minimal staff time to administer the program. If the City requests mutual assistance, the City would generally be responsible for reimbursing the responding member for eligible costs under the Agreement. If the City provides assistance, the requesting member would generally reimburse the City for eligible response costs. Any emergency expenditures would remain subject to applicable City budget, purchasing, and emergency authorizations.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: N/A

ATTACHMENTS:

1. Resolution

2. CalWARN Contact Worksheet

3. CalWARN Articles of Agreement/2007 Omnibus Mutual Assistance Agreement

4. CalWARN New Member Signatory Page

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RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING PARTICIPATION IN THE CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN), APPROVING THE 2007 OMNIBUS

MUTUAL ASSISTANCE AGREEMENT, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT AND RELATED MEMBERSHIP DOCUMENTS

WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the State drinking water regulatory program, and the California Utilities Emergency Association (CUEA) have supported development of mechanisms to facilitate mutual assistance among water agencies during emergencies; and

WHEREAS, the California Water/Wastewater Agency Response Network (CalWARN) was created to provide a forum and statewide framework for mutual assistance among water agencies and was later expanded to include water and wastewater agencies throughout the State of California; and

WHEREAS, the CalWARN 2007 Omnibus Mutual Assistance Agreement continues the statewide mutual aid framework and sets forth procedures, responsibilities, cost reimbursement provisions, and other terms under which participating water and wastewater agencies may provide mutual assistance to one another in times of emergency; and

WHEREAS, the City of Hollister owns and operates critical water and wastewater infrastructure and may, during a major emergency, require specialized personnel, equipment, materials, supplies, or other resources beyond those immediately available to the City; and

WHEREAS, the City Council finds that it is in the City's best interest to participate in CalWARN to improve emergency preparedness, disaster response, and mutual assistance; and

WHEREAS, the City Council desires to authorize the City Manager to execute CalWARN membership documents, and to authorize Public Works staff to administer the City’s operational participation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER AS FOLLOWS:

SECTION 1.

The City Council approves participation by the City of Hollister in the California Water/Wastewater Agency Response Network (CalWARN) and approves the CalWARN 2007 Omnibus Mutual Assistance Agreement.

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Resolution No. 2026-XX

SECTION 2.

The City Manager is authorized to execute on behalf of the City the CalWARN 2007 Omnibus Mutual Assistance Agreement, New Member Signatory Page, and related membership or governance documents required for participation .

SECTION 3. The Public Works Director is designated as the City’s primary CalWARN Authorized Official for operational purposes and may designate alternates. An Authorized Official may request, offer, refuse, or withdraw assistance under the Agreement, subject to City policy, available City resources, and applicable purchasing, budget, and emergency authorities.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held on October 5, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Hanson Brigett LLP

____
Merab Talamantes, City Clerk Dayna D. Louie, City Attorney

I, Merab Talamantes, City Clerk the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 October 5, 2026, 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 October 5, 2026.

Merab Talamantes
City Clerk of the City of Hollister

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CalWARN Agency Contact List
1 Organization Name
2 Street Address
3 City/Town
4 State CA
5 Zip Code 95023
6 Office Phone
7 24 Hour Phone
8 Website
Primary Contact
14 *Name
15 *Job Title
16 Office Phone
17 *Mobile Phone
18 *Work Email
19 Alternate Email
Second Alternate Contact (optional)
26 *Name
27 *Job Title
28 Office Phone
29 *Mobile Phone
30 *Work Email
31 Alternate Email
(831) 537-7412
[email protected]
Tony White
Public Works Director
831-636-4377
(831) 537-7552
[email protected]
Summer Garcia
Utility Supervisor
(831) 636-4377
www.hollister.ca.gov
City of Hollister
1321 South St
Hollister
831-636-4377
911

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9 Ownership Type city department/utility<<dropdown
10 Service Category (check all that apply)X Drinking Water 11 Service Level (check all that apply)c Wholesale
12a Service Connections 7,884 Wholesale - number of customers 12b Retail - number of service connections
13 Population Served 26,017 (leave blank for wholesale) Alternate Contact
20 *Name
21 *Job Title
22 Office Phone
23 *Mobile Phone
24 *Work Email
25 Alternate Email
Michael Grzan
Management Analyst
831-636-4377
408-425-8618
[email protected]
City of Hollister
1321 South St
Hollister

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X Drinking Water X Wastewater
X Retail
Wholesale - number of customers
Retail - number of service connections

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CalWARN Mutual Aid/Asst Agreement 1 Approved and Adopted September 30, 2007 by Vote of Members
Articles of Agreement 1
California Water/Wastewater Agency Response Network 2
WARN 2007 Omnibus Mutual Assistance Agreement 3
4 This AGREEMENT is made and entered into by those water and wastewater utilities which have 5 adopted and signed this agreement to provide mutual assistance in times of emergency in 6 accordance with the California Emergency Services Act and the California Disaster and Civil 7 Defense Master Mutual Aid Agreement; and to provide reimbursement for equipment, supplies 8 and personnel made available on an emergency basis. 9
10 All of said water and wastewater utilities being herein referred to collectively as "the parties." 11 12 In consideration of the mutual covenants and agreements hereinafter set forth, the parties agree 13 to provide mutual assistance to one another in times of emergency as follows: 14 15 16
ARTICLE I. 17
PURPOSE 18
19 Recognizing that emergencies may require assistance in the form of personnel, equipment, and 20 supplies from outside the area of impact, the signatory utilities hereby establish an Intrastate 21 Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, 22 Members coordinate response activities and share resources during emergencies. This 23 Agreement sets forth the procedures and standards for the administration of the Intrastate 24 Mutual Aid and Assistance Program and is available to all water and wastewater utilities, public 25 and private, in the State of California. 26
27 28
ARTICLE II. 29
DEFINITIONS 30
31 A. Authorized Official – An employee or officer of a Member who is authorized to: (1) request 32 assistance; (2) offer assistance; (3) refuse to offer assistance or (4) withdraw assistance 33 under this. 34
35 B. Emergency – A natural or human caused event or circumstance causing, or imminently 36 threatening to cause impact to the operations of a member utility’s system, loss of life, injury 37 to person or property, human suffering or financial loss, and includes, but is not limited to, 38 fire, flood, severe weather, earthquake, civil disturbance, riot, explosion, drought, volcanic 39 activity, spills or releases of oil or hazardous material, contamination, utility or transportation 40 emergencies, disease, blight, infestation, intentional acts, sabotage, declaration of war, or 41 other conditions which is, or is likely to be beyond the control of the services, personnel, 42 equipment, and facilities of a Member and requires mutual assistance. 43 44 C. Member – Any public or private water or wastewater utility that manifests intent to 45 participate in the Mutual Aid and Assistance Program by executing this, the California 46 Water/Wastewater Agency Response Network (CalWARN) Agreement. 47 48 D. Associate Member – Any non utility participant, approved by the State Steering Committee, 49 that provides a support role for the WARN program, for example State Department of Public 50

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CalWARN Mutual Aid/Asst Agreement 2 Approved and Adopted September 30, 2007 by Vote of Members
Health, or associations, who are members of the Regional or State Steering Committees 1 and do not officially sign the WARN agreement. 2
3 E. Confidential Information - Any document shared with any signatory to this Agreement that 4 is marked confidential, including but not limited to any map, report, notes, papers, opinion, 5 or e-mail which relates to the system vulnerabilities of a Member or Associate Member. 6 7 F. Non-Responding Member - A Member that does not provide assistance during a Period of 8 Assistance under the Mutual Aid and Assistance Program. 9 10 G. Requesting Member – A Member who requests assistance under the Mutual Aid and 11 Assistance Program. 12
13 H. Responding Member – A Member that responds to a request for assistance under the 14 Mutual Aid and Assistance Program. 15
16 I. Period of Assistance – A specified period of time when a Responding Member assists a 17 Requesting Member. The period commences when personnel, equipment, or supplies 18 depart from Responding Member’s facility and ends when the resources return to their 19 facility (portal to portal). All protections identified in the Agreement apply during this period. 20 The specified Period of Assistance may occur during response to or recovery from an 21 Emergency. 22
23 J. National Incident Management System (NIMS) - A national, standardized approach to 24 incident management and response that sets uniform processes and procedures for 25 emergency response operations. 26
27 K. Standardized Emergency Management System (SEMS) - A standardized approach to 28 field command and jurisdictional management and response set forth by State of California 29 Code of Regulations for multi-agency or multi-jurisdictional response to an emergency. 30 31 32
ARTICLE III. 33
ADMINISTRATION 34
35 The administration of the Water/Wastewater Agency Response Network (WARN) will be 36 through WARN Regional Steering Committees (RSC) and the WARN State Steering Committee 37 (SSC). 38
39 The WARN RSCs will be established by representatives from the Members in that region. A 40 chair and co-chair will be elected and act as administrators for that region. The chair will 41 represent the region on the WARN SSC. Each WARN RSC will sponsor an annual meeting for 42 Members, maintain a data base of all water and wastewater utilities who have signed this 43 Agreement, and meet as a committee to address concerns and procedures for requesting 44 mutual assistance in that region. The regions will be comprised of one or more of the six Office 45 of Emergency Services (OES) mutual aid regions. 46
47 The WARN SSC will include the chairs of the regional steering committees, and a 48 representative from the California Department of Public Health (CDPH), California Utilities 49 Emergency Association (CUEA), Department of Water Resources (DWR), the American Water 50 Works Association (AWWA) Emergency Planning Committee, California Rural Water 51

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CalWARN Mutual Aid/Asst Agreement 3 Approved and Adopted September 30, 2007 by Vote of Members
Association (CRWA) and California Sanitation Risk Management Authority (CSRMA). The SSC 1 will identify a Chair for the purpose of leading the SSC and act as a point of contact for the 2 WARN SSC. At a minimum, the WARN SSC will meet annually and issue a list of participating 3 utilities. The database will be maintained on the WARN website, managed by a volunteer 4 Member, as appointed by the SSC. 5
6 7
ARTICLE IV. 8
PROCEDURES 9
10 A. In coordination with the Regional Steering Committees, emergency management and public 11 health system of the state, the State Steering Committee shall develop operational and 12 planning procedures for the Mutual Aid and Assistance Program. These procedures shall 13 be consistent with the Standardized Emergency Management System (SEMS) and the 14 National Incident Management System (NIMS), reviewed at least annually and updated as 15 needed by the State Steering Committee. 16
17 B. Requests for emergency assistance under this Agreement shall be directed to the 18 appropriate Authorized Official(s) from the list of Members. 19 20 C. Consistent with SEMS, when more than one County is impacted by a disaster, requests for 21 mutual assistance under this Agreement may be channeled through the CUEA Utility 22 Operation Center to ensure maximum effectiveness in allocating resources to the highest 23 priority needs. 24
25 26
ARTICLE V. 27
REQUESTS FOR ASSISTANCE 28
29 In general, assistance will be in the form of resources, such as equipment, supplies, and 30 personnel. Assistance shall be given only when Responding Member determines that its own 31 needs can be met while rendering assistance. The execution of this Agreement shall not create 32 any duty to respond on the part of any party hereto. A potential Responding Member shall not 33 be held liable for failing to provide assistance. A potential Responding Member has the 34 absolute discretion to decline to provide any requested assistance. 35 36 A. Member Responsibility - Members shall identify an Authorized Official and alternates; 37 provide contact information including 24-hour access; and maintain resource information 38 made available by the utility for mutual aid and assistance response, as allowed by utility 39 policy. Such information shall be updated annually or as changes occur (whichever is 40 sooner), provided to the State Steering Committee, and uploaded into the statewide 41 database. 42
43 B. Member Request - In the event of an Emergency, a Member’s Authorized Official may 44 request mutual aid and assistance from a participating Member. Requests for assistance 45 can be made orally or in writing. When made orally, the request for personnel, equipment, 46 and supplies shall also be prepared in writing and submitted to the participating Member as 47 soon as practicable. Requests for assistance shall be directed to the Authorized Official of 48 the participating Member. Specific protocols for requesting aid shall be provided in the 49 procedures developed under Article IV. 50
51

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CalWARN Mutual Aid/Asst Agreement 4 Approved and Adopted September 30, 2007 by Vote of Members
C. Response to a Request for Assistance – Members are not obligated to respond to a 1 request. After a Member receives a request for assistance, the Authorized Official evaluates 2 whether or not to respond, whether resources are available to respond, or if other 3 circumstances would hinder response. Following the evaluation, the Authorized 4 Representative shall inform, as soon as possible, the Requesting Member whether it will 5 respond. If the Member is willing and able to provide assistance, the Member shall inform 6 the Requesting Member about the type of available resources and the approximate arrival 7 time of such assistance. 8
9 D. Discretion of Responding Member’s Authorized Official – Execution of this Agreement 10 does not create any duty to respond to a request for assistance. When a Member receives 11 a request for assistance, the Authorized Official shall have sole and absolute discretion as to 12 whether or not to respond, or the availability of resources to be used in such response. An 13 Authorized Member’s decisions on the availability of resources shall be final. 14 15 16
ARTICLE VI. 17
RESPONSE COORDINATION 18
19 When providing assistance under this Agreement, the Requesting Member and Responding 20 Member shall be organized and shall function under the Standard Emergency Management 21 System and National Incident Management System protocols and procedures. 22 23 A. Personnel – Responding Member retains right to identify the employees who are willing 24 to participate and the resources that are available. 25 26 B. Control – While employees so provided may be under the supervision of the 27 Responding Member, the Responding Member’s employees come under the direction 28 and control of the Requesting Member, consistent with the NIMS Incident Command 29 System to address the needs identified by the Requesting Member. The Requesting 30 Member’s Authorized Official shall coordinate response activities with the designated 31 supervisor(s) of the Responding Member(s). Whenever practical, Responding 32 Member personnel must be self sufficient for up to 72 hours. The Responding Member’s 33 designated supervisor(s) must keep accurate records of work performed by personnel 34 during the specified Period of Assistance. 35
36 C. Food and Shelter – When possible, the Requesting Member shall supply reasonable food 37 and shelter for Responding Member personnel. If the Requesting Member is unable to 38 provide food and shelter for Responding Member personnel, the Responding Member’s 39 designated supervisor is authorized to secure the resources necessary to meet the needs of 40 its personnel. Except as provided below, the cost for such resources must not exceed the 41 State per diem rates for that area. To the extent Food and Shelter costs exceed the State 42 per diem rates for the area, the Responding Member must demonstrate that the additional 43 costs were reasonable and necessary under the circumstances. Unless otherwise agreed 44 to in writing, the Requesting Member remains responsible for reimbursing the Responding 45 Member for all reasonable and necessary costs associated with providing food and shelter, 46 if such resources are not provided. 47
48 D. Communication – The Requesting Member shall provide Responding Member personnel 49 with radio equipment as available, or radio frequency information to program existing radio, 50 in order to facilitate communications with local responders and utility personnel. 51

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CalWARN Mutual Aid/Asst Agreement 5 Approved and Adopted September 30, 2007 by Vote of Members
1 E. Status - Unless otherwise provided by law, the Responding Member’s officers and 2 employees retain the same privileges, immunities, rights, duties and benefits as provided in 3 their respective jurisdictions. 4
5 F. Licenses and Permits – To the extent permitted by law, Responding Member personnel 6 who hold licenses, certificates, or permits evidencing professional, mechanical, or other 7 skills shall be allowed to carry out activities and tasks relevant and related to their respective 8 credentials during the specified Period of Assistance. 9 10 G. Right to Withdraw Resources - The Responding Member’s Authorized Official retains the 11 right to withdraw some or all of its resources at any time for any reason in the Responding 12 Member’s sole and absolute discretion. Notice of intention to withdraw must be 13 communicated to the Requesting Member’s Authorized Official as soon as soon as is 14 practicable under the circumstances. 15
16 17
ARTICLE VII. 18
COST REIMBURSEMENT 19
20 Unless otherwise mutually agreed in whole or in part by both parties, the Requesting Member 21 shall reimburse the Responding Member for each of the following categories of costs incurred 22 while providing aid and assistance during the specified Period of Assistance. 23 24 A. Personnel – Responding Member will make such employees as are willing to 25 participate available to Requesting Member at Requesting Member’s expense equal to 26 Responding Member’s full cost, i.e., equal to the employee's applicable salary or hourly 27 wage plus fringe benefits and overhead, and consistent with Responding Member’s 28 collective bargaining agreements or other conditions of employment. All costs incurred 29 for work performed during the specified Period of Assistance will be included. The 30 Requesting Member shall be responsible for all direct and indirect labor costs. 31 32 B. Equipment – Use of equipment, such as construction equipment, vehicles, tools, pumps 33 and generators, shall be at Responding Member's current equipment rate and subject to the 34 following conditions: The Requesting Member shall reimburse the Responding Member for 35 the use of equipment during the specified Period of Assistance, including, but not limited to, 36 reasonable rental rates, all fuel, lubrication, maintenance, transportation, and 37 loading/unloading of loaned equipment. All equipment shall be returned to the Responding 38 Member as soon as is practicable and reasonable under the circumstances. 39 (a) At the option of Responding Member, equipment may be provided with an 40 operator. 41
(b) Equipment shall be returned to Responding Member within 24 hours after receipt 42 of an oral or written request for return. 43
(c) Requesting Member shall, at its own expense, supply all fuel, lubrication and 44 maintenance for furnished equipment. 45
(d) Responding Member’s cost related to the transportation, handling and 46 loading/unloading of equipment shall be chargeable to Requesting Member. 47 (e) In the event equipment is damaged while being dispatched to Requesting Member, 48 or while in the custody and use of Requesting Member, Requesting Member shall 49 reimburse Responding Member for the reasonable cost of repairing said damaged 50 equipment. If the equipment cannot be repaired, then Requesting Member shall 51

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CalWARN Mutual Aid/Asst Agreement 6 Approved and Adopted September 30, 2007 by Vote of Members
reimburse Responding Member for the cost of replacing such equipment with 1 equipment that is of at least equal capability as determined by the Responding 2 Member. If Responding Member must lease a piece of equipment while Requesting 3 Member equipment is being repaired or replaced, Requesting Member shall 4 reimburse Responding Member for such lease costs. 5
6 C. Materials and Supplies – Requesting Member shall reimburse Responding Member in 7 kind or at actual replacement cost, plus handling charges, for use of expendable or non-8 returnable supplies. Other supplies and reusable items that are returned to Responding 9 Member in a clean, damage-free condition shall not be charged to the Requesting 10 Member and no rental fee will be charged; otherwise, they shall be treated as 11 expendable supplies. Supplies that are returned to the Responding Member with 12 damage must be treated as expendable supplies for purposes of cost reimbursement. 13 14 D. Payment Period – The Responding Member shall provide an itemized bill to the Requesting 15 Member for all expenses incurred by the Responding Member while providing assistance 16 under this Agreement. The Requesting Member shall send the itemized bill not later than 17 (90) ninety dates following the end of the Period of Assistance. The Responding Member 18 may request additional periods of time within which to submit the itemized bill, and 19 Requesting Member shall not unreasonably withhold consent to such request. The 20 Requesting Member agrees to reimburse the Responding Member within 60 days from 21 receipt of an invoice for assistance provided under this Agreement. The Requesting 22 Member may request additional periods of time within which to pay the itemized bill, and 23 Responding Member shall not unreasonably withhold consent to such request, provided, 24 however, that all payment shall occur not later than one-year after the date a final itemized 25 bill is submitted to the Requesting Member. 26
27 E. Records - Each Responding Member and its duly authorized representatives shall have 28 access to a Requesting Member’s books, documents, notes, reports, papers and records 29 which are directly pertinent to this Agreement for the purposes of reviewing the accuracy of 30 a cost bill or making a financial, maintenance or regulatory audit. Each Requesting Member 31 and its duly authorized representatives shall have access to a Responding Member’s books, 32 documents, notes, reports, papers and records which are directly pertinent to this 33 Agreement for the purposes of reviewing the accuracy of a cost bill or making a financial, 34 maintenance or regulatory audit. Such records shall be maintained for at least three (3) 35 years or longer where required by law and as needed for federal reimbursement practices. 36 37 38
ARTICLE VIII. 39
ARBITRATION 40
41 If any controversy or claim arises out of, or relates to, the Agreement, including, but not limited 42 to an alleged breach of the Agreement, the disputing Members shall first attempt to resolve the 43 dispute by negotiation, followed by mediation and finally shall be settled by arbitration in 44 accordance with the Rules of the American Arbitration Association. Judgment on the award 45 rendered by the arbitrator(s) may be entered in any court having jurisdiction. 46 47 48

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CalWARN Mutual Aid/Asst Agreement 7 Approved and Adopted September 30, 2007 by Vote of Members
ARTICLE IX. 1
REQUESTING MEMBER’S DUTY TO INDEMNIFY 2
3 Pursuant to Government Code Section 895.4, and subject to Article X, Requesting Member 4 shall assume the defense of, fully indemnify and hold harmless Responding Member, its 5 Directors, Council Members, Supervisors, officers and employees, from all claims, loss, 6 damage, injury and liability of every kind, nature and description, directly or indirectly arising 7 from the Requesting Member’s work hereunder, including, but not limited to, negligent or 8 wrongful use of equipment, supplies or personnel provided to Requesting Member or faulty 9 workmanship or other negligent acts, errors or omissions by Responding Member, or by 10 personnel provided to Requesting Member from the time assistance is requested and 11 rendered until the assistance is returned to Responding Member’s control, portal to portal. 12 13 14
ARTICLE X. 15
SIGNATORY INDEMNIFICATION 16
17 In the event of a liability, claim, demand, action or proceeding, of whatever kind or nature 18 arising out of the rendering of assistance through this Agreement, the parties involved in 19 rendering or receiving assistance agree to indemnify and hold harmless all Members whose 20 only involvement is the execution and approval of this Agreement, in the transaction or 21 occurrence which is the subject of such claim, action, demand or other proceeding. Such 22 indemnification shall include indemnity for all claims, demands, liability, damages and costs, 23 including reasonable attorneys' fees and other costs of defense, for injury, property damage 24 and workers compensation. 25
26 27
ARTICLE XI. 28
WORKER’S COMPENSATION CLAIMS 29
30 The Responding Member is responsible for providing worker’s compensation benefits and 31 administering worker’s compensation for its employees. The Requesting Member is 32 responsible for providing worker’s compensation benefits and administering worker’s 33 compensation for its employees. 34
35 36
ARTICLE XII. 37
NOTICE 38
39 Each party hereto shall give to the others prompt and timely written notice of any claim 40 made or any suit instituted coming to its knowledge, which in any way, directly or indirectly, 41 contingently or otherwise, affects or might affect them, and each Member shall have the 42 right to participate in the defense of the same, as it considers necessary to protect its own 43 interests. 44
45 46

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CalWARN Mutual Aid/Asst Agreement 8 Approved and Adopted September 30, 2007 by Vote of Members
ARTICLE XIII. 1
INSURANCE 2
3 Members shall maintain an insurance policy or maintain a self insurance program that covers 4 activities that it may undertake by virtue of membership in the Mutual Aid and Assistance 5 Program. 6
7 8
ARTICLE XIV. 9
CONFIDENTIAL INFORMATION 10
11 To the extent allowed by law, any Member or Associate Member shall maintain in the strictest 12 confidence and shall take all reasonable steps necessary to prevent the disclosure of any 13 Confidential Information provided to it by another Member pursuant to this Agreement. If any 14 Member, Associate Member, or third party requests or demands, by subpoena or otherwise, 15 that a Member or Associate Member disclose any Confidential Information provided to it under 16 this Agreement, the Member or Associate Member shall immediately notify the owner of the 17 Confidential Information and shall take all reasonable steps necessary to prevent the disclosure 18 of any Confidential Information by asserting all applicable rights and privileges with respect to 19 such information and shall cooperate fully in any judicial or administrative proceeding relating 20 thereto. 21
22 23
ARTICLE XV. 24
EFFECTIVE DATE 25
26 This Agreement shall take effect for a new party immediately upon its execution by said 27 party. 28
29 30
ARTICLE XVI. 31
WITHDRAWAL 32
33 Any party may terminate its participation in this Agreement by written notice to the Chair of the 34 appropriate RSC and to the SSC Chair. Withdrawal takes effect 60 days after the appropriate 35 officials receive notice. Withdrawal from this Agreement shall in no way affect a Requesting 36 Member’s duty to reimburse a Responding Member for cost incurred during a Period of 37 Assistance, which duty shall survive such withdrawal. 38 39 40
ARTICLE XVII. 41
MODIFICATION 42
43 No provision of this Agreement may be modified, altered or rescinded by individual parties to the 44 Agreement. Modifications to this Agreement require a simple majority vote of Members within 45 each region and unanimous agreement among the regions. The State Steering Committee will 46 notify all parties of modifications to this Agreement in writing and those modifications shall be 47 effective upon 60 days written notice to the parties. 48 49

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CalWARN Mutual Aid/Asst Agreement 9 Approved and Adopted September 30, 2007 by Vote of Members
1 ARTICLE XVIII. 2
SEVERABILITY 3
4 If any term or provision of this Agreement is declared by a court of competent jurisdiction to be 5 illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be 6 affected, and the rights and obligations of the parties shall be construed and enforced as if the 7 Agreement did not contain the particular term or provision held to be invalid. 8 9 10
ARTICLE XIX. 11
PRIOR AGREEMENTS 12
13 To the extent that prior agreements among signatories to this Agreement for mutual assistance 14 are inconsistent with this Agreement, such agreements are hereby superseded. This 15 Agreement supersedes the 1996 Omnibus Mutual Aid Agreement, the WARN 1997 Omnibus 16 Mutual Aid Agreement, and the WARN 2001 Omnibus Mutual Aid and Assistance Agreement. 17 18 19
ARTICLE XX. 20
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES 21 22 This Agreement is for the sole benefit of the Members and no other person or entity has rights 23 under this Agreement as a third party beneficiary. Assignment of benefits or delegation of 24 duties created by this Agreement to third parties that are not Members is prohibited and without 25 effect. 26
27 28
ARTICLE XXI. 29
TORT CLAIMS 30
31 This Agreement in no way abrogates or waives any immunity or defense available under 32 California law. 33
34 35
ARTICLE XXII. 36
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS 37 38 To the extent practicable, Members retain the right to participate in mutual aid and assistance 39 activities conducted under the State of California Intrastate WARN Mutual Aid and Assistance 40 Program and the Interstate Emergency Management Assistance Compact (EMAC) and similar 41 programs. 42
43 44
45

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California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement

WHEREAS, the California Office of Emergency Services (OES), the Department of Water Resources (DWR), the Department of Public Health (DPH) and the California Utilities Emergency Association (CUEA) have expressed a mutual interest in the establishment of a plan to facilitate and encourage water agency mutual assistance agreements between water agencies; and

WHEREAS, the California Water Agency Response Network (CalWARN) was originally created to provide a forum for the development of mutual assistance agreements between water agencies in the OES Coastal Region of California; and later expanded to all water and wastewater agencies in the State of California, and

WHEREAS, the CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN) 2007 OMNIBUS MUTUAL ASSISTANCE AGREEMENT is a continuation of the WARN 1996 OMNIBUS MUTUAL AID and 2001 OMNIBUS MUTUAL AID AGREEMENT and sets forth the mutual covenants and agreements for water and wastewater agencies to provide mutual assistance to one another in times of emergency; and

WHEREAS, State OES regulates the SEMS program, and this agreement is consistent with SEMS, and that it is necessary to have a mutual assistance agreement in place to support requests to FEMA for costs of using assistance during an emergency, and

WHEREAS, the water or wastewater agency hereto has determined that it would be in its best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the agency whenever emergency personnel, equipment and facility assistance are provided from one agency to the other; and

WHEREAS, no water or wastewater agency should be in a position of unreasonably using its own resources, facilities, or services providing such mutual assistance; and

WHEREAS, it is the intent of WARN to revise this agreement as necessary and to annually publish a list of all water and wastewater agencies participating in this agreement, as posted on www.calwarn.org; and

WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Articles 14 and 17 (Section 8630 et seq.) of the Act.

NOW, THEREFORE, in consideration of the conditions and covenants contained therein, the

______________________________________________________________ (Utility)
agrees to abide by the current CalWARN Omnibus Mutual Assistance Agreement and the CalWARN ACS Chapter Governance Document.

Date:

Name: (printed) (signature)
Title:

Please return a signed copy of this page to: [email protected]

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STAFF REPORT

HOLLISTER CITY COUNCIL
MEETING DATE: October 5, 2026
REPORT # Human Resources-2026-09

AGENDA ITEM: RESOLUTIONS APPROVING A MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION (HFFU) LOCAL 3395 AND AUTHORIZING

IAFF MEDICAL EXPENSE REIMBURSEMENT PLAN CONTRIBUTIONS

DEPARTMENT: Human Resources
DEPARTMENT HEAD: Noel Mink, Human Resources, Risk, and Technology Director

COUNCIL NEXT STEPS: Adopt resolutions approving and authorizing the City Manager to execute the amended MOU between the City of Hollister and HFFU Local 3395 and authorizing mandatory contributions to the IAFF Medical Expense Reimbursement Plan.

DISCUSSION: The MOU between the City of Hollister and HFFU has been expired for the past two years. As a result, the City and HFFU have met and conferred in good faith over the past several months to discuss proposed changes to the MOU.

As a result, the City and HFFU have agreed to amend the MOU, including an amendment to the term of the MOU, now covering the period of July 1, 2025 – June 30, 2027. A complete copy of the updated MOU, including strike-through formatting to identify the changes, has been included as an attachment as part of this staff report.

Staff also recommends adoption of the attached resolution authorizing mandatory contributions to the IAFF Medical Expense Reimbursement Plan.

FISCAL IMPACT: Per City Council’s direction, this is a budget-neutral contract. No additional funds are required.

PREVIOUS COUNCIL OR COMMISSION ACTION: N/A

CEQA: NA

ATTACHMENTS:

1. Resolution Approving HFFU MOU

2. Draft HFFU MOU – First redlined version dated September 14, 2026

3. Final HFFU MOU – With final revisions dated October 1, 2026

4. Resolution Authorizing Mandatory Contributions to the IAFF Medical Expense Reimbursement Plan

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Page 1 of 2 ends

RESOLUTION N O. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM

OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER
AND THE HOLLISTER FIREFIGHTERS UNION (HFFU) LOCAL 3395

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

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

WHEREAS, the agreement was ratified by the Hollister Firefighters Union (HFFU) Local 3395 members; and

WHEREAS, both parties have agreed to enter into a Memorandum of Understanding for the term of July 1, 2025, through June 30, 2027.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the execution of the Memorandum of Understanding between the City of Hollister and Hollister Firefighters Union (HFFU) Local 3395 for the term of July 1, 2025, through June 30, 2027, and the City Manager of the City of Hollister is hereby authorized to execute said Memorandum of Understanding.

PASSED AND ADOPTED , by the City Council of the City of Hollister at a regular meeting held on October 5, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Roxanne Stephens, Mayor

ATTEST: APPROVED AS TO FORM:

Hanson Bridgett Attorneys at Law

______________________________ ________________________________ Merab Talamantes, City Clerk Dayna D. Louie, City Attorney

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Resolution No. 2026-XX

I, Merab Talamantes, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2026-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 October 5, 2026, 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 October 5, 2026.

Merab Talamantes
City Clerk of the City of Hollister

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HOLLISTER
AND
THE HOLLISTER FIREFIGHTERS UNION (H.F.F.U.) – LOCAL
3395

July 1, 2024, 2025– June 30, 2025 2027 Formatted: Font color: Custom Color(RGB(238,0,0)), Strikethrough
Formatted: Font color: Blue, Not Strikethrough
Formatted: Strikethrough
Formatted: Font color: Blue, Not Strikethrough
Formatted: Font color: Blue

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 1 Table of Contents
ARTICLE 1. PREAMBLE......................................................................................................................... 3 ARTICLE 2. NO DISCRIMINATION ....................................................................................................... 4 ARTICLE 3. RECOGNITION ................................................................................................................... 4 ARTICLE 4. MAINTENANCE OF BENEFITS ...................................................................................... 4 ARTICLE 5. SALARY AND SPECIAL COMPENSATION ............................................................... 4 A. Salary Adjustments ..................................................................................................................... 4 B. Fire Engineer Salary Separation .............................................................................................. 4 C. Deferred Compensation Plan ................................................................................................... 5 D. Longevity Pay ............................................................................................................................... 5 E. Retirement ..................................................................................................................................... 5 F. Overtime ........................................................................................................................................ 6 G. Call Back Pay ................................................................................................................................ 6 H. Bilingual Skills Pay ..................................................................................................................... 6 I. Working Out Of Class Pay ......................................................................................................... 7 J. Holiday Compensation ............................................................................................................... 7 K. Promotions .................................................................................................................................... 8 L. Compensatory Time Conversion to Cash ............................................................................. 8 O. 40-Hour Training Assignments .............................................................................................. 10 P. State Registered Instructor ..................................................................................................... 10 Q. Fire Safety Inspectors .............................................................................................................. 10 Q.R. Retiree Medical Trust
ARTICLE 6. INSURANCE ..................................................................................................................... 11 A. CalPERS Medical ...................................................................................................................... 11 B. Health Insurance Options ....................................................................................................... 11 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan .................................................. 11 D. Terms for Health Care Participation ...................................................................................... 12 E. Health Care Contributions ....................................................................................................... 12 F. Vision Insurance ........................................................................................................................ 13 G. Dental Insurance ........................................................................................................................ 13 H. Life Insurance ............................................................................................................................. 13 I. Long Term Disability Insurance ............................................................................................. 13 J. Health Insurance Opt-out Waiver Cash Incentive Option................................................ 13 Formatted: Font: Not Bold
Formatted: Font color: Blue

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 2 K. Optional Health Benefits .......................................................................................................... 14 L. Flexible Spending Accounts (FSA's) .................................................................................... 14 M. Voluntary Life Insurance .......................................................................................................... 15 N. Miscellaneous ............................................................................................................................. 15 ARTICLE 7. CAREER INCENTIVE PROGRAM ................................................................................. 15 A. Education Incentive Program ................................................................................................. 15 B. Specialty Incentive Program................................................................................................... 15 ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT . ................................................................................................................................................ 16 A. Job Related Disabilities ........................................................................................................... 16 B. Americans with Disabilities Act ............................................................................................. 16 ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT .............................................. 16 A. Uniform Allowance .................................................................................................................... 16 B. Safety Equipment ...................................................................................................................... 16 ARTICLE 10. GRIEVANCE PROCEDURE .......................................................................................... 17 A. Definition ..................................................................................................................................... 17 B. Stale Grievance .......................................................................................................................... 17 C. Informal Discussion with Employee's Supervisor ............................................................ 17 D. Formal Written Grievance to Employee's Supervisor ...................................................... 17 E. Grievance to Department Head/City Manager .................................................................... 18 F. Waiver of Appeal Steps ............................................................................................................ 18 G. Advisory Fact Finding of Grievances ................................................................................... 18 H. Selection of a Fact Finder ....................................................................................................... 18 I. Duty of Fact Finder ................................................................................................................... 18 J. Payment of Costs ...................................................................................................................... 18 K. Effect of Failure Of Timely Action ......................................................................................... 19 ARTICLE 11. LEAVE ............................................................................................................................... 19 A. Sick Leave ................................................................................................................................... 19 B. Bereavement Leave .................................................................................................................. 19 C. Family Sick Leave - Within Existing Benefit ....................................................................... 19 D. Emergency Sick Leave - Within Existing Benefit .............................................................. 19 E. Vacation ....................................................................................................................................... 20 F. Leave ............................................................................................................................................ 20 ARTICLE 12. WORKING HOURS ......................................................................................................... 21

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 3 ARTICLE 13. MISCELLANEOUS ......................................................................................................... 21 A. Residency .................................................................................................................................... 21 B. Professionalization.................................................................................................................... 21 C. Bulletin Board ............................................................................................................................ 22 D. Payroll Deduction Of Dues ...................................................................................................... 22 E. Shift Exchanges ......................................................................................................................... 22 F. Minimum Staffing Provisions ................................................................................................. 22 G. Unit Staffing ................................................................................................................................ 22 H. Payroll Direct Deposit .............................................................................................................. 23 I. Sick Leave Conversion to Cash ............................................................................................. 23 J. Physical Fitness and Wellness Program ............................................................................. 23 K. Tuition Reimbursements .......................................................................................................... 24 L. New Employee Orientation...................................................................................................... 24 M. Order of Layoff ........................................................................................................................... 24 N. Re-employment .......................................................................................................................... 24 O. Bidding Procedure for Local 3395 ......................................................................................... 25 ARTICLE 14. MAINTENANCE OF OPERATIONS .......................................................................... 25 ARTICLE 15. PREVAILING M.O.U ....................................................................................................... 26 ARTICLE 16. UNION BUSINESS .......................................................................................................... 26 ARTICLE 17. DRUG FREE WORKPLACE POLICY ......................................................................... 26 ARTICLE 18. SAVINGS CLAUSE ......................................................................................................... 26 ARTICLE 19. PROMOTIONAL PROBATION ..................................................................................... 26 ARTICLE 20. LABOR AND MANAGEMENT COMMITTEE ............................................................. 26 ARTICLE 21. LAYOFF POLICY ............................................................................................................ 26 ARTICLE 22. BIDDING SYSTEM ....................................................................................................... 27 ARTICLE 23. DISCIPLINARY APPEAL PROCEDURES ................................................................ 27 ARTICLE 24. TERM AND REOPENER ............................................................................................. 31 ARTICLE 25. INTEREST-BASED BARGAINING AND VACANCIES ............................................. 31 A. Vacancies ..................................................................................................................................... 31 ARTICLE 1. PREAMBLE
This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 4 to as "City", and the Hollister Firefighters Union, hereinafter referred to as "Union". This Memorandum of Understanding hereinafter referred to as "M.O.U.", is subject to Sections 3500-

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 5 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 Union 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 Union representation on said committee. The City and Union 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 Union. Any employee alleging a violation of this article shall have the burden of proving the existence of a discriminatory act or acts and of proving that but for such act or acts the alleged injury or damage to the grievant would not have occurred.

ARTICLE 3. RECOGNITION
Pursuant to Section 3500-3510 of the Government Code, the City certifies the Union as the recognized employee organization for a unit including the classifications of Battalion Chief, Fire Captain, Fire Engineer, Firefighter and any other classes assigned to the Fire Department except clerical and management.

ARTICLE 4. MAINTENANCE OF BENEFITS
The articles included in this agreement constitute a full and complete agreement with the City and Union on all matters within the scope of representation for the period stated in Article 19.

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 Union in a timely fashion.

ARTICLE 5. SALARY AND SPECIAL COMPENSATION
A. Salary Adjustments

All unit members shall receive a six percent (6.00%) increase to their base pay effective the first full pay period after July 1, 2024.

Fiscal Year 2025-2027 – Effective the first day of the first payroll period following Association ratification and City Council approval of this MOU, all positions shall receive a zero percent (0.00%) wage increase to base salary.

B. Fire Engineer Salary Separation

Effective the pay period beginning January 29, 2022, the City shall implement a salary

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 6 differential increase between classifications from ten percent (10%) to twelve and a half percent (12.5%). The twelve and a half percent (12.5%) salary differential shall be maintained between all ranks beginning at Firefighter.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 7 Also, effective the first full pay period on or after July 1, 2023, the City shall implement a salary differential increase between classifications from twelve and a half percent (12.5%) to fifteen percent (15%). The fifteen percent (15%) salary differential shall be maintained between all ranks beginning at Firefighter.

C. Deferred Compensation Plan

The City shall continue, during the term of this M.O.U., to provide a voluntary deferred compensation plan for all employees of this unit.

D. Longevity Pay

All members in the bargaining unit, who complete the following specified consecutive years of service, shall be paid the following: Longevity Pay will be payable as part of the employee’s bi-weekly payroll.

Number of Consecutive Years Longevity Pay
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

E. Retirement

1. 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 Public Safety - Fire CalPERS “3% @ age 50” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.

Tier 2

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 - Fire CalPERS “3% @ age 55” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 8 Tier 3

a. 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. Survivor's Death Benefit

The City agrees to continue the CalPERS Fourth Level Survivor Death Benefit for all eligible unit members. The City agrees to pay the employer rate contribution. The employee agrees to pay the member rate contribution.

3. Modifications

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

F. Overtime

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

1. Unit members may accrue up to a maximum of four-hundred eighty (480) hours of compensatory time.

G. Call Back Pay

Any employee who is called back for work from an off duty status shall be compensated with a minimum of three (3) hours overtime for the time worked at the rate of time and one -half.

H. Bilingual Skills Pay

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

Level I – Oral Translation
For employees who demonstrate the ability to communicate effectively by way of successfully passing the oral proficiency test, shall receive an allowance of one hundred seventy-five dollars ($175.00) per month. Employees who become eligible for Level I will be required to serve as an oral translator on a regular and on-going basis, per the City’s needs.

Level II – Written Translation

For employees who successfully pass the written proficiency test, shall receive an additional amount of one hundred 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

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 9 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, ins erts 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.

I. Working Out Of Class Pay

Unit employees may be assigned by management to fill a position of Fire Engineer, Fire Captain or a management position outside the unit and when so assigned shall be compensated as such. The compensation shall be at the bottom step of the acting position so assigned, but with a minimum five percent (5.0%) increase. Work out of class pay shall begin after the employee has been assigned and worked five (5) cumulative shifts in the higher classification. The City will fill any vacancies from promotional lists within a 180 day period, with the exception of vacancies created by Worker's Compensation or leaves of absence.

J. Holiday Compensation

Each member of the bargaining unit, who is assigned to a 24-hour shift schedule, shall be entitled to compensation equivalent to nine (9) scheduled working shifts in lieu of fixed holidays for each full year of service. For new employees, the amounts shall be prorated on the basis of eighteen (18) hours per month. This pro-rata formula shall also apply to separating employees. This entitlement shall be compensated in the following way:

1. Nine (9) working shifts, or the prorated amount as provided for above, shall be credited at the beginning of each fiscal year to employees who are in a fully paid status during that year. Such employees may request that any of these nine (9) shifts be granted as compensated time off.

2. Twice during the fiscal year an employee may request a cash payment of Compensatory Time Off (CTO), at straight time, in lieu of time off. Requests for cash payment shall be paid on the first pay day which follows June 1st and December 1st of each year. This payment will be made in the regular payroll check issued for that pay period.

3. Any shift hours that have not been used as CTO or paid in that fiscal year, shall be paid at the end of the fiscal year at straight time. Such hours shall not be carried over to the following fiscal year. This payment will be made in the regular payroll check issued for that pay period.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 10 K. Promotions

Employees promoting shall receive a salary increase equivalent to one (1) step (approximately five (5.0%) percent) or movement into the new salary range, whichever is greater.

L. Compensatory Time Conversion to Cash

Employees may convert accumulated compensatory time to cash as follows:

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

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

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

4. Upon separation of service from the City.

M. Fire Captain Assigned to Training Officer (Training Captain)

a. Assignment: The non-probationary Fire Captain that is assigned to the Training Officer position will be assigned to a flexible Forty (40) hour work week schedule as determined by the Fire Chief or Training / Operations Battalion Chief. The Training Captain will be assigned to the Training Battalion Chief. The assignment will be a rotational assignment as outlined below and may require additional time after normal business hours. For example, but not limited to, weekends, special events, attendance of meetings, giving presentations, call backs, or page-outs and shall be compensated as such, Section G. Call Back Pay. This position will not be allowed to take the place of, used to save overtime, or backfill any line staff (56 hour work week) positions. The training officer may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command (IC).

b. Compensation: Line personnel (56 hour work week) who bid or who are assigned to the rotational position will receive a nine percent (9.00%) increase to the employee’s base salary for the duration of the assignment. Personal Time Off (PTO) banks will be maintained and accrual rates will be adjusted to a 40-hour accrual rate. Upon completion of the assignment accrual rates will return to the 56 hour accrual rate (Article 11. Leave)

c. Bidding Rotation: The position will be a rotational position utilizing Article 13 Section O Bidding Procedure for Local 3395. Further, the union reserves the righ t to augment the rotation through the “Meet and Confer” process involving the Fire Chief.

The augmented section will be outlined below. Either of these two options will be evaluated by the need of the department.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 11 d. Bidding Outlined: Subsequent the “Meet and Confer” process, the Training Captain will be either assigned to the position for one (1) year or bid of two (2) years. The two (2) year assignment will follow Article 13 Section O. Should the “Meet and Confer” process yield the need for a 1-year assignment, the bidding process will be as such:

The least senior Captain off probation will be assigned to the Training Captain role.

The Fire Captain rank only will commence a bidding procedure as outlined in Article 13 Section O.

e. Term of Assignment: Assignments to the Training Officer (Training Captain) will not exceed four (4) consecutive years. In the event no interested members bid the position, the term may be extended.

The Fire Captain assigned to Training Officer (Training Captain) will need to return to the line (56 hour work week) for a minimum of two (2) years. Once on the line for a minimum of two (2) years, the Fire Captain may return and rebid for the assignment.

N. Compensation Study

City agrees to hire a third-party consultant to conduct a compensation study for all classifications covered under the HFFU MOU. City agrees to share the final draft of the compensation study with HFFU and to engage in the meet and confer process to discuss the findings of the report. City agrees to engage in the meet and confer process to discuss the findings of the report immediately upon receipt of the final draft of the report.

City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than November 2024.

City and HFFU agree to survey the eight (8) agencies listed below. Then, once the compensation survey is completed, both parties agree to remove the agency with the top total compensation and remove the agency with the lowest total compensation from the list.

The remaining six (6) agencies will then be used as comparable agencies for future bargaining.

Eight (8) Comparable Agencies To Be Studied:

1. Central Fire District of Santa Cruz County

2. City of Gilroy

3. City of Marina

4. City of Monterey

5. City of Paso Robles

6. City of Santa Cruz

7. City of Seaside

8. City of Watsonville

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 12 O. 40-Hour Training Assignments

HFFU members that have been assigned by the Fire Chief, or designee, to a 40-hour work schedule specific to the training of a new hire academy shall receive a nine percent (9.00%) temporary salary increase for the duration of the assignment. While on a 40-hour assignment, the employee’s Holiday Pay will be pro-rated for its duration. However, the employee’s Sick and Vacation time will accrue at the 56-hour rate. Furthermore, the employee will not be allowed to work any 56-hour shift overtime.

P. State Registered Instructor

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

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

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

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

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

Q. Fire Safety Inspectors

Two Fire Safety Inspector positions will be added to the Hollister Fire Department personnel budget and will be represented by the Hollister Firefighters Union (HFFU) IAFF local 3395.

One Fire Safety Inspector will be permanently filled (until vacancy occurs) by an open recruitment testing process. This openly recruited position will not be allowed to work in the capacity, take the place of, used to save overtime, or backfill any line staff positions. Fire Safety Inspectors may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command (IC).

The second Fire Safety Inspector position will be filled on a rotational basis by fire personnel line staff. This position will be biddable for two (2) years with a max of four (4) years (two

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 13 consecutive bids). If this position goes unbidden, the position will be filled with the lowest ranking Captain (not on probation) assigned for a one (1) year term. After the one (1) year term is complete, the next Captain above in seniority will be assigned for a one (1) year term, this assigned rotation will continue if the position goes unbidden and will open up for bid every two (2) years without a membership vote.

Bidding of this position will following MOU Section O. Order of Bidding, for qualified personnel.

Line personnel who bid or who are assigned to the rotational position will be compensated under the F63 pay scale while working in this capacity. If said personnel return to their previous position after their rotation is complete they will return to their previous pay scale if different.

This position will be allowed a flexible work schedule and may require additional time after normal business hours. For example, but not limited to, weekends, special events, attendance of meetings, giving presentations, call-backs or page-outs, and shall be compensated as such, Section G. Call Back Pay.

R. Retiree Medical Trust:

2. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. Employees receiving contributions to the Trust, as set forth below, consists of all employees represented by the Union.

3. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution on a pre-tax basis from the pay of every employee of the Defined Class based on consecutive years of City service as set forth below.

Number of Consecutive Years Monthly Trust Contribution
0-4 $100
5-9 $125
10-14 $150
15-19 $175
20 or more years $200

CONTRIBUTION OF VACATION LEAVE AT SEPARATION. Upon the employee’s separation from City service, the City shall transfer to the Trust, on a pre -tax basis, 100% of the value of accrued and unused vacation leave subject to the terms set forth in ARTICLE 11, Section E(1). The employee by written election received by the City no later than 30 days prior to separation may elect to transfer any portion of the value of accrued vacation leave to a City-sponsored 457(b) plan up to allowable IRS limits.

CONTRIBUTION OF SICK LEAVE AT RETIREMENT. Upon the employee’s Formatted: Font color: Blue
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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 14 separation from City service, the City shall transfer to the Trust, on a pre -tax basis, 100% of the value of accrued and unused sick leave subject to the terms set forth in ARTICLE 13, Section I. The employee by written election received by the City no later than 30 days prior to separation may elect to transfer any portion of the value of accrued sick leave to a City-sponsored 457(b) plan up to allowable IRS limits or service credit pursuant to the City’s agreement with CalPERS.

Employees agree that there is no option to receive cash for accrued vacation or sick leave at separation or retirement respectively.

4. EMPLOYER CONTRIBUTION AMOUNT. In consideration for the elimination of the Tuition Reimbursement provision under ARTICLE 13, Section K, the City shall make mandatory monthly contribution of $291.67 on behalf of every employee in the Defined Class.

5. EMPLOYER OPEB OFFSET CONTRIBUTION. In consideration for the elimination of the $400 monthly Retiree Insurance Benefit pursuant to ARTICLE 6, Section A(1) of this agreement, the City agrees to make an additional monthly contribution on behalf of every employee in the Defined Class as set forth below.

Hired Prior to 9/1/2026 Hired On or After 9/1/2026
$425 per month terminating following
60 months of contributions
$85 per month

a. The City acknowledges that Trust provisions require participating employees to attain 60 months of Active Service in the plan to qualify as a Regular Beneficiary, as defined by the plan document.
b. Should an employee retire (service or disability) prior to receiving 60 months of contributions set forth in this subsection, the City shall make a lump sum contribution on the employee’s behalf in accordance with the following:

(1) The City lump sum contribution shall be made to the employee’s Trust account at retirement.
(2) The amount of the City lump sum contribution shall be limited to the minimum amount necessary to provide a retiring employee with only the additional Active Service required for the employee to receive monthly benefits from the Trust as a Regular Beneficiary and provide a Monthly Benefit Level of at least $400 as calculated on the date that the lump sum contribution is made.
(3) The City lump sum contribution shall incorporate age-based actuarial factors set forth in the Trust plan document in effect at the time of retirement utilizing the Worksheet in Attachment A to this subsection. (4) The City lump sum contribution shall not be inclusive of terminal leave transfers to the Trust.
(5) The City acknowledges that a retiring employee has the option to convert the City lump sum contribution to ASUs in order to attain Regular Beneficiary status, as defined by the plan or allocate any portion of the contribution to an Individual Account in the Trust. (6) A retiring employee in the Defined Class who has previously received Formatted: Font color: Blue
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months just like hired prior to 9/1?
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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 15 60 months of Employer OPEB Offset contributions to the Trust and attained Regular Beneficiary status in the Trust shall not be eligible for a City lump sum contribution.
(7) A retiring employee in the Defined Class shall not have the option to receive a cash payout for the value of the City lump sum contribution in lieu of making contributions to the Trust.

All contributions shall be transmitted to the Trust pursuant to the requirements in Section 65 below. No employee shall be permitted to opt-out of the mandatory contributions or receive any portion of trust contributions in cash.

65. REMITTANCE OF CONTRIBUTIONS. The City shall remit all Trust contributions directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust in regard to reporting and depositing the required c ontributions set forth herein.

76. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a monthly or per pay period report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds. The report will include at a minimum: employee first and last name, with suffix as applicable; employee number; Social Security Number; employee status (e.g., active, on leave); date of birth; gender; date of hire; bargaining unit; date of change in bargaining unit, as applicable; home mailing address; employer contribution amount; employee contribution amount; leave transfer amount, as applicable; separation date, as applicable; and separation reason.

The City shall also provide an initial report of contact information for all contributing employees to the Trust Office, in a format reasonably requested by the Trust, and shall send updates to this information to the Trust Office whenever the City has notice of changes to the information.

The Trust will provide a secure data transfer platform or process for transmission of this employee information to the Trust Office.

87. MODIFICATION OF EMPLOYEE CONTRIBUTION. The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively modify the amount of the employee monthly contribution (Section 3) or the transfer of employee leave, so long as the modification is mandatory for all employees covered by this Agreement.

98. INDEMNIFICATION. The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operations of the Tr ust, except for the obligation of the City to make and report on the non-elective transfer of contributions as described in this Section.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 16 Attachment A to ARTICLE 5, Section R

Worksheet to Calculate City Lump Sum Contribution to
IAFF Medical Expense Reimbursement Plan
Applicable only to Employees Receiving Less Than 60 Months of

EMPLOYER OPEB OFFSET CONTRIBUTIONS
Pursuant to ARTICLE 5, Section R(5)

1) Enter current IAFF MERP Unit Multiplier (UM) Contact Trust Office

2) Enter Retirement Age Factor (Appendix E table below)

3) Enter Surviving Spouse Benefit Factor (Appendix D)

4) Multiply Line 1 x Line 2 x Line 3

5) Determine Active Service Units (ASUs) required to attain Monthly Benefit Level of $400. Divide 400 by Line 4

6) Enter sum of City OPEB Offset contributions $

7) Determine ASUs attained through City OPEB Offset Contributions.

Divide City Line 6 by 25

8) Determine additional ASUs required to attain Monthly Benefit Level.

Subtract Line 7 from Line 5

9) Enter ASU cost from Lump Sum Transfer Conversion Table (Appendix C) below based on age at retirement $

10) Calculate City Lump Sum Contribution amount.

Multiply Line 7 x Line 8 $

Worksheet Reference Tables*

Retiree
Age
Retirement Age Factors
(Appendix E)
Surviving Spouse Benefit
Factor (Appendix D)
Lump Sum Transfer
Conversion Table
(Appendix C)
40 0.38559 0.985 $27.59
41 0.41378 0.984 $29.43
42 0.44419 0.983 $31.38
43 0.47702 0.982 $33.47
44 0.51248 0.980 $35.70
45 0.55083 0.979 $38.07
46 0.59231 0.977 $40.60
47 0.63722 0.976 $43.30
48 0.68589 0.974 $46.18
49 0.73868 0.972 $49.26
50 0.79599 0.970 $52.53
51 0.85830 0.968 $56.02
52 0.92610 0.965 $59.75
53 1 0.963 $63.72

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 17 Retiree
Age

Retirement Age Factors
(Appendix E)

Surviving Spouse Benefit
Factor (Appendix D)

Lump Sum Transfer
Conversion Table
(Appendix C)
54 1 0.960 $63.00
55 1 0.957 $62.23
56 1 0.953 $61.42
57 1 0.950 $60.57
58 1 0.946 $59.68
59 1 0.942 $58.74
60 1 0.938 $57.78
61 1 0.933 $56.77
62 1 0.929 $55.74
63 1 0.924 $54.67
64 1 0.919 $53.36
65 1 0.913 $52.41
66 1 0.908 $51.22
67 1 0.902 $49.99
68 1 0.897 $48.73
69 1 0.891 $47.45
*As of August 2026. Always consult current IAFF MERP Plan Document Current Plan Appendices are available at: https://iaffmerp.org/for-participants/forms-documents/

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 18 SAMPLE Attachment A to ARTICLE 5, Section R

SAMPLE Worksheet to Calculate City Lump Sum Contribution to IAFF Medical Expense Reimbursement Plan
Applicable only to Employees Receiving Less Than 60 Months of

EMPLOYER OPEB OFFSET CONTRIBUTIONS
Pursuant to ARTICLE 5, Section R(5)

1) Enter current IAFF MERP Unit Multiplier (UM) Contact Trust Office 0.41

2) Enter Retirement Age Factor (Appendix E table below) (e.g., 53 y/o = 1) 1

3) Enter Surviving Spouse Benefit Factor (Appendix D) (e.g. 53 y/o = 0.970) 0.963

4) Multiply Line 1 x Line 2 x Line 3 (e.g., 0.41 x 1 x 0.963 = 0.39483) 0.39483

5) Determine Active Service Units (ASUs) required to attain Monthly Benefit Level of $400. Divide 400 by Line 4 (e.g., 400/0.3977 = 1006) 1006

6) Enter sum of City OPEB Offset contributions (e.g., 30 months x $425) $12750

7) Determine ASUs attained through City OPEB Offset Contributions.

Divide City Line 6 by 25 (e.g., 12750/25 = 510) 510

8) Determine additional ASUs required to attain Monthly Benefit Level.

Subtract Line 7 from Line 5 (e.g., 1006 – 510 = 496) 496

9) Enter ASU cost from Lump Sum Transfer Conversion Table (Appendix C) below based on age at retirement (e.g., 53 y/o = $63.72) $63.72

10) Calculate City Lump Sum Contribution amount.

Multiply Line x Line 8 (e.g., 496 x 63.72 = $31,605.12) $ 32,057.17

Worksheet Reference Tables*

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 19 Retiree
Age

Retirement Age Factors
(Appendix E)

Surviving Spouse Benefit
Factor (Appendix D)

ARTICLE 6. INSURANCE
A. CalPERS Medical

1. Retiree Insurance Benefit

The City shall pay four hundred dollars ($400) per month toward medical insurance for unit retirees that have earned a regular CalPERS service retirement after twenty (20) consecutive years of service or more to the City of Hollister. This benefit will be paid in addition to the required CalPERS medical supplement until the retiree is Medicare eligible at which time the benefit will cease. This benefit shall be eliminated for all employees of the City upon the adoption of this agreement. In consideration for the elimination of this benefit, the City shall make contributions to the employee’s Retiree Medical Trust account set forth in Article 5, Section R(5) of this agreement.

2. 1. Description

The City of Hollister Flexible Benefits Plan/Cafeteria Plan (hereinafter “Plan") is available Formatted: Not Strikethrough
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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 20 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.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 21 2. The City shall contribute towards the PEMHCA medical, dental and vision care plan amounts allocated in accordance with the City's IRS Code Section 125 Flexible Benefits/Cafeteria Plan as specified below.

3. The City shall allocate specified amounts of "Flex Credits" to the employee's flexible benefit account. These amounts shall consist of the following:
a) The City will contribute the following dollar amount towards medical insurance, based on PEMHCA’s Platinum Plan for Calendar year 2022.

b) For Calendar Year 2023, the City will increase its contribution by the actual increase or an amount not to exceed 10%.
c) An amount equivalent to the City’s contribution towards dental insurance. The required contribution for employees electing dependent coverage in accordance with Section [E] below shall be excluded from this total.

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

4. In the event that surplus Flex Credits are available, all Association Employees shall have the option to allocate such Flex Credits to one or more of the following:
a) Union Employees’ Flexible Spending Account.

b) Roth Individual Retirement Account (IRA).
c) ICMA or City-authorized 457 Deferred Compensation Plan.

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

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

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

D. Terms for Health Care Participation

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

E. Health Care Contributions

1. Employee-only Premium

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 22 The City shall contribute towards the medical, dental, and vision insurance plans an amount equal to the employee-only premium at the time of adoption of this M.O.U. for each member of the unit Calendar Year 2022. The employee-only premium for medical insurance shall be based on plus the current PORAC monthly membership in accordance with Section [C] above.

2. Employee Option for Dependent Coverage

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

F. Vision Insurance

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

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

G. Dental Insurance

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

H. Life Insurance

The City shall continue to provide term life insurance, at its cost, through the CSFA Plan 2 for each member of the unit for the term of this M.O.U.

I. Long Term Disability Insurance

The City agrees to pay the premiums for the California State Firefighters association (CSFA) Long Term Disability insurance plan for each represented member of the unit for the term of this M.O.U.

J. Health Insurance Opt-out Waiver Cash Incentive 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

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 23 The compensation will be based on the employer’s contribution towards the premiums for the City's health plan at the level in which the employee was participating (employee only, employee plus one dependent, employee plus two or more dependents) at the time of waiving City insurance coverage in accordance with Section [3] below. This cash amount will be paid as part of the employee's bi-weekly payroll.

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

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

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

K. Optional Health Benefits

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

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

- Medical Insurance
- Dental Insurance
- Vision Insurance
- Group Term Insurance up to $50,000 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 establish a pre-tax dependent care reimbursement account up to the maximum reimbursement allowed by law.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 24 The City agrees to establish a pre-tax medical reimbursement account, up to two thousand five hundred dollars ($2,500) per year per employee.

M. Voluntary Life Insurance

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

N. Miscellaneous

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

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

ARTICLE 7. CAREER INCENTIVE PROGRAM
Unit members may qualify for and receive additional compensation based on and subject to the following requirements and procedures:

A. Education Incentive Program

1. All unit members shall be eligible to receive an educational incentive for earning the credentials listed below, for a total maximum pay differential of five percent (5.00%).

a. Bachelor’s Degree: 2.50%
b. Master’s Degree: 2.50%
c. CFSTES Company Officer: 2.50%
d. CFSTES Chief Fire Officer: 2.50%

2. To receive this education incentive pay differential, the employee shall provide supporting documentation in one of the following forms to Human Resources Division:

a. Copy of college transcripts (official or unofficial) b. Copy of college diploma(s)
c. Copy of applicable CFSTES certificate(s)
B. Specialty Incentive Program

1. Employees described above, who successfully completed probation as a Hollister Firefighter and who successfully completed the Hazardous Materials Technician/Specialist program, shall receive $100 per month for such time as they hold and maintain the Hazardous Materials Technician/Specialist Certification on a current basis and actually perform the duties.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 25 2. EMT pay of $170 per month will be converted to a percentage and added to the base salary

ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH

DISABILITIES ACT
A. Job Related Disabilities

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

B. Americans with Disabilities Act

The parties recognize that the City may be required to make accommodations in order to carry out its obligations under the Americans with Disabilities Act (ADA). Some of the accommodations may require actions which are contrary to the language or intent of existing provisions of this agreement. The parties agree that such accommodation relating to ADA shall not constitute a "past practice" or waiver by either party of its right to fully enforce such provisions in the future with regard to persons not subject to the protections of the ADA.

The parties recognize that circumstances surrounding ADA compliance in individual cases may involve matters which are personal and require the utmost confidentiality. Specifics of an individual case may not be divulged by the City. Prior to taking action, the City shall notice the Union of a proposed accommodation, as it may apply to the working conditions of the unit, and shall give the Association opportunity for input. Actions taken by the City under this Article shall not be subject to the grievance procedure.

ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT
A. Uniform Allowance

1. New employees represented by this unit, shall be provided an initial uniform clothing issue of three (3) shirts, three (3) pairs of pants, one (1) belt, one (1) jacket, one (1) name tag, and one (1) pair of CAL-OSHA approved steel-toed boots.

2. The City agrees to provide each represented employee of the unit with a uniform allowance of eight hundred fifty dollars ($850) annually. This clothing allowance shall be paid in twenty-four (24) equal installments. Clothing damaged in the line of duty shall be repaired or replaced at City expense. Replacement shall be done on the basis of depreciation subject to City and employee expense. If agreement cannot be reached between City and the employee on value, a third party shall be used to determine depreciation of any garments.

3. The purchase of Class [A] Dress Uniforms shall by at the unit member's sole expense.

B. Safety Equipment

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 26 The City agrees to continue to provide all necessary protective clothing; CAL -OSHA approved steel-toed boots, safety equipment and devices for represented members of this unit. In addition, the City shall comply with all applicable State laws regarding damage and loss of uniforms and/or personal equipment.

ARTICLE 10. GRIEVANCE PROCEDURE
This grievance procedure shall be the sole and exclusive procedure for resolving grievances filed by employees covered by the M.0.U.

A. Definition

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

B. Stale Grievance

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

C. Informal Discussion with Employee's Supervisor

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

D. Formal Written Grievance to Employee's Supervisor

If the employee chooses to formally pursue his/her grievance, he/she or his/her representative shall present the written grievance to his/her immediate supervisor within seven (7) calendar days after the date upon which the grieving employee informally discusses the grievance with the supervisor. (In the event a group grievance is formally submitted by the recognized employee organization, its initial submission will be to the department head and subsequent steps will be followed as outlined in this section.) The formal written grievance shall specify the provisions of this M.O.U., the City Personnel Rules or Department Rules alleged to have been misinterpreted or misapplied; the remedy sought; and such other specific dates, times, places and persons and other facts necessary to derive a clear understanding of the matter being grieved. The immediate supervisor shall return a copy of the written grievance to the employee with the supervisor's answer thereto in writing within seven (7) calendar days from receipt of the formal written grievance. The grieving employee shall have seven (7) calendar days from the receipt of the supervisor's written response or from the date of the Personnel Officer's written confirmation or non - confirmation (whichever is later) to file an appeal to the next level.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 27 E. Grievance to Department Head/City Manager

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

F. Waiver of Appeal Steps

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

G. Advisory Fact Finding of Grievances

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

H. Selection of a Fact Finder

The fact finder shall be selected by mutual agreement between the City and the Association.

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

I. Duty of Fact Finder

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

The proposed disposition shall be based solely on the interpretation of the applicable provisions of the M.0.U. and other personnel rules if applicable to the grievance, and he/she shall not add to, subtract from, modify or disregard any of the terms or provisions of the M.O.U. or such rules.

J. Payment of Costs

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

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 28 grievance made by the Fact Finder, the City shall pay all fees and expenses of the Fact Finder.

K. Effect of Failure Of Timely Action

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

ARTICLE 11. LEAVE
The City shall continue the current sick leave, bereavement leave, family sick leave, emergency leave and vacation rules as defined in this article for the term of this M.O.U .

A. Sick Leave

Employees represented by this bargaining unit who are assigned to work a twenty-four (24) hour shift shall accumulate Sick Leave at the rate of eleven point two-five (11.25) hours per month. The use of Sick Leave shall be on an hour-for-hour basis. An employee may return from Sick Leave at any time during his/her working shift at the discretion of the City.

B. Bereavement Leave

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

Wives/Husbands Grandparent(s) Aunts
Children Grandchildren Uncles
Step Children Mothers-in-law Nieces
Fathers Fathers-in-law Nephews
Mothers Sisters-in-law Legal Guardians
Brothers Brothers-in-law Domestic Partner
Sisters Grandparents-in-law

Bereavement Leave shall not exceed 24 hours for the death of a member of the employee's immediate family. The employees shall have the option to use up to an additional 48 hours from his/her regular Sick Leave accumulation for Bereavement Leave, when necessary.

C. Family Sick Leave - Within Existing Benefit

An employee may be granted up to a total of 48 hours of Sick Leave in a twelve (12) month period for the purpose of caring for a husband, wife, children (including stepchildren or foster children), domestic partner, or any other person living in the same household as the employee.

D. Emergency Sick Leave - Within Existing Benefit

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 29 An employee may be granted leave chargeable to Sick Leave for the purpose of responding to members of the immediate family's emergency or illness or injury. Definition of immediate family is the same as defined in Subsection B. above.

E. Vacation

Each employee in the bargaining unit shall accumulate vacation with pay based on the following:
0 through 5 Years 5 Working Shifts
6 through 10 Years 7 Working Shifts
Over 10 Years 10 Working Shifts

1. Maximum Accrual

Bargaining unit employees may only accumulate a maximum of fourteen (14) shifts (336 hours) or 30 days (240 hours) for 40 hour a week unit employees of vacation without the authorization of the City Manager.

Accumulated vacation time of more than eighteen (18) shifts (432 hours) or 38.5 days (308.5 hours) for 40 hour a week unit employees requires prior written authorization by the City.

Any Bargaining Unit Employee who either terminates or retires from the City shall be compensated for a maximum of fourteen (14) shifts (336 hours) or 30 days (240 hours) for 40 hour a week unit employees at the employee' s hourly rate of pay at the time of retirement from City service pursuant to the terms set forth in Article 5, Section R(3).

The employee shall not have the option to receive cash for accrued and unused vacation leave upon separation from City service..

2. Vacation Conversion to Cash

Unit Employees may cash out vacation leave hours in the increments of ten (10) hours as long they maintain a minimum balance of 240 hours, 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 base rate of pay at the time of cash out. Request for payment of vacation time shall be made in writing to the Finance 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.

F. Leave

Scheduled time off will include (Vacation, Holiday, and Compensatory time) and will be limited to three (3) personnel off per shift. Personnel must submit a formal request forty-eight (48) hours One Hundred twenty (120) hours prior to the date that is being requested for time off. Scheduled time off does not include sick leave, worker’s compensation, special assignments, or any unfilled positions. The above stated shall apply to the ranks of Captain, Engineer, and Firefighter. Staffing is currently eleven (11) twelve (12) personnel per day, as additional personnel are hired the number of allotted personnel off may need to increase.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 30 ARTICLE 12. WORKING HOURS
The City and the Union agree that the number of hours of duty shall be an average of fifty -six hours per week. The shifts shall be designated "A'', "B", and "C". Each working shift shall be of twenty-four hour duration and shall commence at 0800 Hours and terminate at 0800 Hours the following day. The City shall be responsible for posting the work schedule.

Those Members of the Bargaining Unit will be excluded from a 56 hour per week when assigned to a temporary 40 hour work schedule for one (1) year.

For purposes of determining Fair Labor Standard Act (FLSA) overtime the City shall use a twenty-four (24) fourteen (14) day work period. This Fair Labor Standard Act (FLSA) work period shall remain in effect until changed by City resolution.

Effective September 1, 2026 the Union and City agree that the normal shift for the Department will be known as the 4/6 48/96 schedule. Any personnel required to change shifts will rotate duty in such a manner so that the cycling will be completed in a twenty-eight (28) fourteen (14) day period.

Paid Vacation Leave, paid Compensatory Time-off, and the first thirty (30) calendar days (or 10 shifts, whichever occurs first) of said Sick Leave shall count as hours worked for the purpose determining overtime eligibility and entitlement pursuant to the provisions for the Fair Labor Standard Act (FLSA). Paid Sick Leave beyond thirty (30) calendar days (or 10 shifts, whichever occurs first) and any disability leave (such as 48/50 time, etc.) and any unpaid time shall not count as time worked for purposes of determining entitlement for overtime. 48/96 Schedule Study

City agrees to hire a third-party consultant to study the feasibility of a 48/96 schedule at the Hollister Fire Department. City agrees to share the final draft of that study with HFFU. City agrees to engage in the meet and confer process to discuss the findings of the report immediately upon receipt of the final draft of the report. City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than November 2024.

ARTICLE 13. MISCELLANEOUS
A. Residency

Unit employees hired after ratification of this M.0.U. shall within eighteen (18) months of employment, be required to reside within California, move within ninety (90) driving minutes 200 air miles of the City of Hollister city San Benito County limit. Upon request, the "Residency Limit" Period of an employee of this unit may be extended by the Department Head, for a reasonable period, not to exceed three (3) months. Ineligible counties are:

Del Norte, Humboldt, Imperial, Lassen, Modoc, Orange, Riverside, San Diego, Shasta, Siskiyou, Tehama, and Trinity.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 31 B. Professionalization

1. Unit members shall be required to perform all duties related to the Hollister Fire Service as determined by the Department Head and with reference to the job description. Related duties shall include routine maintenance and repair of fire station and equipment and care of station grounds.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 32 2. All Fire Captain appointments shall require and must maintain a valid Fire Officer Certification.

3. All unit employees shall possess a valid Emergency Medical Technician (EMT) Certification.

4. All unit employees shall participate in a Departmental-sponsored physical fitness program a minimum of one (1) hour per shift.

C. Bulletin Board

During the term of the agreement, the City of Hollister shall provide space for the installation and maintaining of bulletin boards in convenient places at each station and work area by employees of the Fire Department of the City of Hollister for use by the Hollister Firefighters Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. Any such notices or bulletins need not be approved by the City of Hollister

D. Payroll Deduction Of Dues

The City, upon receipt of a signed payroll authorization, agrees to dedu ct, biweekly, dues in an amount certified to be current by the Union. The total amount of such deductions shall be remitted, one each month, by the City to the Union.

E. Shift Exchanges

During the term of the agreement, employees of the Fire Department of the City of Hollister, upon written request and wish consent of the City, may exchange shifts, provided, however, that such exchange does not interfere with the operation of the Fire Department of the City of Hollister. Approval or denial with reasons thereto shall be timely given in writing.

F. Minimum Staffing Provisions

The following provisions shall apply for the Hollister Fire Department:

The minimum staffing standard shall be provided for in the Hollister Fire Department's operating policy. In the event call back is exhausted and a replacement person is not found, the on duty, paid professional, career employee Firefighter shall remain on duty until a paid professional, career employee Firefighter can return to work.

Any time after normally scheduled work hours shall be paid at time and one half. This time may be paid or taken as CTO at the employee's request.

During special events, Bargaining Unit work will be offered to Career-paid Professional Firefighters before engaging others.

G. Unit Staffing

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 33 Whenever possible, apparatus will be staffed by three (3) professional Firefighters.

However; this does not establish Mandatory Minimum Staffing Levels.

A Unit will be defined as Captain, Engineer, and Firefighter.

H. Payroll Direct Deposit

The City will continue to offer and strongly encourage the use of the optional City wide direct deposit for payroll checks. Upon submitting a deposit slip and voided personal check, and completing the necessary authorization forms, direct deposit will be implemented.

I. Sick Leave Conversion to Cash and Cash Out

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

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

2. 1. Any current employee of this unit having completed 10 years of continuous service with the City and who retires from City service by filing for Service Retirement with CalPERS, will be eligible for MERP a contribution to the employee’s Retiree Medical Trust account for the value of. Will be compensated for 50% of accrued, unused Sick Leave in excess of 240 hours at the hourly rate of pay at the time of retirement from City service. The employee by written election received by the City no later than 30 days prior to separation may elect to transfer any portion of the value of accrued sick leave to a City-sponsored 457(b) plan up to allowable IRS limits or service credit pursuant to the City’s agreement with CalPERS.ARTICLE 5 – SALARY AND SPECIAL
COMPENSATION/CONTRIBUTION OF SICK LEAVE AT RETIREMENT There shall be no option to receive cash for accrued and unused sick leave at retirement.

2. 3. 2.The surviving spouse, 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 eligible for aMERP contribution to the employee’s Retiree Medical Trust account for the value of. will be compensated for 50% of accrued, unused Sick Leave in excess of 240 hours at the employee's hourly rate of pay at the time of death. The surviving spouse, beneficiary(s), dependent(s) may elect to transfer any portion of the value of accrued sick leave to a City-sponsored 457(b) plan up to allowable IRS limits or service credit pursuant to the City’s agreement with CalPERS. There shall be no option for the surviving spouse, beneficiary(s), dependent(s) or estate of any employee to receive cash for accrued and unused sick leave.ARTICLE 5 –

SALARY AND SPECIAL COMPENSATION/CONTRIBUTION OF SICK LEAVE

AT RETIREMENT

3. 4.

5. 3. Any current employee of this unit having completed 10 years of continuous Formatted: Not Strikethrough
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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 34 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 135 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.

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

7.6. Payments of annually "cashed out" unused Sick Leave will be made on the first pay day which follows June 1st and December 1st of each year. Payment for unused Sick Leave shall be made in the regular payroll check issued for that pay period.

J. Physical Fitness and Wellness Program

The City shall continue to work with the Union during the budgetary process of each Fiscal Year under the term of the M.O.U. to identify possible funds for maintaining safe and adequate physical fitness equipment to meet the Fire Department sponsored Physical

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 35 Fitness and Wellness Program requirements. This program shall be incorporated into the "Wellness and Loss Prevention" Program currently under development by the City's Risk Management Office.

K. Tuition Reimbursements

Upon adoption of this agreement, Tthe City will no longer reimburse Union members up to Thirty- Five Hundred dollars ($3,500) per fiscal year for tuition reimbursements. In consideration for the elimination of this benefit, the City shall make contributions to the employee’s Retiree Medical Trust account set forth in Article 5, Section R(4) of this agreement. Upon ratification of this MOU the $3,500 will be reallocated as a monthly Employer contribution of $291.67 to the IAFF Medical Expense Reimbursement Plan (MERP).

ARTICLE 5 – SALARY AND SPECIAL COMPENSATION / R. Retiree Medical Trust:

L. New Employee Orientation

During New Employee Orientation, the bargaining unit will be allowed a total of fifteen (15) minutes at the end of the orientation to provide a presentation when new employees of this unit are present and for those who wish to stay.

M.K. Order of Layoff

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

a. Part-time or Paid Call Firefighter (PCF) Employees

b. Probationary Employees
c. Permanent Employees

2. Order of layoff of probationary and permanent employees shall be according to seniority with the employee(s) having lowest seniority to be laid off first.

3. In the Event of layoffs the Volunteer Program will be discontinued

N.L. Re-employment

1. Employees demoted in lieu of layoff shall have a priority right to return to their prior classification and pay grade without having to retest for said classification

2. Employees laid off shall have the right to be reinstated to that prior classification and pay graded at the time of layoff. This right shall remain in effect for three (3) years from the date of separation.

4. All members who leave the City's employment and return to the City within eighteen (18) months will be placed on three (3) month probation with regard to:
a. Left the City in Good Standing
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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 36 b. Achieved at least "satisfactory" marks on their last evaluation with the City of Hollister.

c. Retain the benefit package which said employee left with d. Loss of seniority

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 37 5. A sworn Career Full Time member who leaves in good-standing from the City of Hollister Fire Department must submit an application within eighteen (18) months of separation.

The said member will not be required to test or submit to an oral board. However, the said member must have all minimum requirements for the position.

O.M. Bidding Procedure for Local
3395

The shift bids will be effective for two (2) years and will take effect on the first full pay period in January of the following year. Shift Bid process will be voted on every two (2) years to give the membership the option of a full rebid. All union Members will be notified by email/ text of the date bids will occur. Notification of bid date will also be posted at each station on the union bulletin board.

The shift bid process will take place the following Monday after November union meeting.

The Union President (or his/her designee) and Vice-president (or his/her designee) will be the representatives of the Union and facilitate the process with the Fire Chief. Union Members shall submit their bid request to the above stated union representatives no later than the day before the bid process.

Order of bidding is as follows:

1. Captains – (by seniority in rank)

2. Engineers – (by seniority in rank)

3. Firefighters – (by seniority in rank)
(Firefighters must complete probation before having the right to shift bid)

Permanent vacancies that occur as a result of retirement, promotion, termination, etc. will go out for bid by seniority within that rank.

ARTICLE 14. MAINTENANCE OF OPERATIONS
The Union agrees that during the term of this M.O.U. and for the period of time necessary for the meet and confer process to conclude a successor M.O.U., neither the Union, nor any representative acting on its behalf, will cause, authorize, engage in, condone or sanction a strike, sick-in, work stoppage, slow down, picketing (other than informational picketing on the employees' own time), concerted of individual failure to report for duty, unauthorized absence, including compliance with a request of another unit's labor organization to engage in or honor such activities against the City, or any activity by any other euphemism known which results in less than the full and faithful performance of any duties of employment.

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

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

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 38 ARTICLE 15. PREVAILING M.O.U.

In the event of a conflict between a specific provision of this M.0.U. and a written rule, regulation, or solution of the City or any of its divisions, the terms of the M.O.U. shall prevail and said written rule, regulation, or resolution shall be physically amended to conform to the specific provisions of this M.O.U.

ARTICLE 16. UNION BUSINESS
Employees elected as representatives of the Union shall be granted a maximum of three (3) days leave during the fiscal year, based upon need, without loss of pay, for Union busin ess to include, but not be limited to, attendance at conventions, conferences and seminars. The release from duty shall be at the discretion of the City so as not to adversely affect staffing schedules. Two (2) members of the Negotiating Committee shall be allowed time off, without loss of pay, for the purpose of meeting and conferring regarding a successor agreement to this M.O.U.

ARTICLE 17. DRUG FREE WORKPLACE POLICY
The City's Drug Free Workplace Policy, City Personnel Rule 2.05, adopted by Resolution 92-116 (August 3, 1992), is incorporated by reference into this Memorandum of Understanding.

ARTICLE 18. SAVINGS CLAUSE
If any article or section of this M.O.U. should be found invalid, unlawful or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this M.O.U. shall remain in full force and effect for the duration of this M.O.U. In the event of invalidation of any article or section, the City and the Union agree to meet within thirty (30) days for the purpose of meeting and conferring upon said article or section.

ARTICLE 19. PROMOTIONAL PROBATION
All employees who are promoted to a higher rank will be on probation for 12 months. The Chief or his/ her designee will conduct a quarterly evaluation of the newly promoted employee. The decision to grant permanent status will be determined following the final job related performance evaluation.

ARTICLE 20. LABOR AND MANAGEMENT COMMITTEE
The City and Union agree that the City Administration and the Union will establish a Labor and Management Committee to address issues which are not covered by the Sections 3500-3510 of the Government Code of the State of California, otherwise known as the Meyers -Milias-Brown Act.

ARTICLE 21. LAYOFF POLICY

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 39 Utilizing the newly formed Management Committee, the Committee, the Administrative Services Department, and the City Manager will develop a Departmental Layoff Policy to be submitted for review and approval to the City Council.

ARTICLE 22. BIDDING SYSTEM
The City and the Union agree that the Administration and the Union will meet within six (6) months of ratification of the M.O.U. to develop a bid system policy to cover all positions that are represented by the Union.

The Fire Chief, or his/ her designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies, and provide required training to individual personnel. Such assignments will be based on seniori ty, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purpose of this article, seniority shall be computed from the date of entry into the current classification.

ARTICLE 23. DISCIPLINARY APPEAL PROCEDURES
A. Purpose and Applicability

1. The disciplinary appeals procedures set forth herein are adopted pursuant to Government Code section 3254.5 of the Firefighter s Procedural Bill of Rights Act.

2. These disciplinary appeals procedures supersede and replace the Hollister Fire Department’s Manual of Operations, Code 1-8-2, Section 2.09, “DUE PROCESS and APPEAL for all disciplinary actions commenced after the date of execution of this agreement and for any disciplinary action with charges based on events and circumstances involving the Firefighter’s performance of his or her official duties.

3. These procedures apply to all non-probationary Firefighters. Probationary employees and at-will employees shall not have rights to the procedures in this policy.

4. For disciplinary charges based on events and circumstances not involving the Firefighter’s performance of his or her official duties, any disciplinary appeal will be according to the City’s Personnel System Rules and Regulations, if an appeal is required pursuant to those Rules and Regulations.

B. Definitions

1. The term “Firefighter” means a public safety employee who is considered a “Firefighter” under Government Code section 3251 (a).

2. The term “punitive action” is defined by Government code section 3251(c), as may be amended from time to time, and is currently defined as “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.” The term “punitive action” is limited to charges based on

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 40 events and circumstances involving the Firefighter’s performance of his or her official duties.

C. Informal Hearing for Appeal of a Lesser Punitive Action Pursuant to Government Code section 11445.20, the following informal hearing procedure shall be utilized for an appeal by a Firefighter of a punitive action not involving a discharge, demotion, unpaid suspension, or reduction in base salary (examples: written reprimand, transfer for purposes of punishment without reduction in base salary, etc.).

1. No Pre-Disciplinary Notice: A Firefighter facing punitive action not involving a discharge, demotion, unpaid suspension, or reduction in base salary (examples: written reprimand, transfer for purposes of punishment without reduction in base salary, etc.) will not receive prior notice or an opportunity to be heard before discipline is imposed.

2. Notice of Appeal: Within seven (7) calendar days of the effective date of a lesser punitive action subject to this informal hearing procedure, the Firefighter shall action. The Notice of Appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

3. Notice of Hearing: Within fourteen (14) calendar days of the City’s receipt of the Firefighter’s Notice of Appeal, the Fire Chief or his/her designee shall erve the Firefighter with a Notice of Hearing that indicates the City has chosen to proceed according to the informal hearing process outlined herein. The Notice of Hearing shall state the time and place of the informal hearing. A copy of this informal hearing procedure shall be attached to the Notice of Hearing.

4. Presiding Officer: In an informal hearing, the Fire Chief or his/her designee shall be the Hearing Officer. The Fire Chief or his/her designee shall conduct the informal hearing in accordance with these procedures. The determination of the Fire Chief shall be final and binding. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Code section 11425.40, then the City Manager or his/her designee shall serve as the Hearing Officer. In such cases, the determination of the City Manager shall be final and binding.

5. Burden of Proof: The employer shall bear the burden of proof at the hearing or not, as follows:

a. If the action being appealed involves allegations originating from a licensing or certifying agency as defined in the Firefighter s Procedural Bill of Rights Act, the limited purpose of the hearing shall be to provide the Firefighter the opportunity to establish a record of the circumstances surrounding the action. b. If the punitive action involves charges of misconduct that the City has originated, the City shall have the burden of proving the following: (1) by a preponderance of the evidence, the facts which form the basis for the charges occurred; and, (2) that the level of penalty was reasonable under the circumstances.

6. Conduct of Hearing

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 41 1) The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude or limit evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. The Presiding Officer may limit the use of witnesses, testimony, evidence and argument. There is no right of intervention, discovery, or prehearing conferences. 2) The parties may present opening statements.

3) The parties may present evidence through documents and testimony.

a) Witnesses shall testify under oath.

b) Subpoenas may be issued pursuant to Government Code sections 11450.05- 11450.50.

c) The parties are not entitled to confront and cross-examine witnesses.

4) Following the presentation of evidence, if any, the parties may submit oral and/or written closing arguments for consideration by the Presiding Officer.

7. Recording of the Hearing: If the punitive action is City-originated and involves the loss of compensation, then the hearing shall be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.

8. Representation: The Firefighter may be represented by a representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the Firefighter.

9. Decision: The decision shall be in writing pursuant to Government Code section 11425.50. The decision shall be served by first class mail, postage prepaid, upon the Firefighter as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the Firefighter that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure section 1094.6.

D. Formal Hearing Procedure For Appeal Of a Punitive Action Involving Discharge, Demotion, Unpaid Suspension of Greater than 48 Hours, or Reduction in Base Salary

1. Applicability: The formal hearing procedure applies only to a punitive action at the level of discharge, demotion, unpaid suspension, or reduction in salary. The term “punitive action” applies only to charges based on events and circumstances involving the Firefighter’s performance of his or her official duties.

2. Notice of Discipline as Accusation: The Final Notice of Discipline, which may be issued at the conclusion of any pre-disciplinary procedures, shall serve as the Accusation as described in Government Code sections 11500, et seq. Pursuant to Government Code section 3254(f), the discipline shall not be effective sooner than 48 hours after issuance

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 42 of the Final Notice of Discipline. The Final Notice of Discipline shall be prepared and served in person or by registered mail. Pursuant to Government Code section 11505, subdivision (b), the Final Notice of Discipline shall include the language provided in the statute to advise the employee of his or her right to request a hearing by filing a Notice of Defense as provided in Government Code section 11506. The Final Notice of Discipline will be accompanied by a “Notice of Defense” for such purpose. Two (2) copies of Sections 11507.5, 11507.6, and 11507.7 of the Government Code shall be provided to the Firefighter concurrently with the Final Notice of Discipline.

3. Notice of Defense: In accordance with Government Code section 11506, if the Firefighter intends to appeal the punitive action, within fifteen (15) calendar days after service of the Final Notice of Discipline on the Firefighter as set forth above, the Firefighter shall the.

The Notice of Defense must be signed by either the Firefighter or on his or her behalf, and must include the mailing address of the Firefighter and/or his or her representative.

Failure to file a timely Notice of Defense constitutes a waiver of the Firefighter’s right to a hearing.

4. Amended or Supplemental Materials: Pursuant to Government Code sections 11507 and 11516, at any time before or after the case is submitted for decision, the City may file an amended or supplemental Accusation. All parties must be notified of the amended or supplemental Accusation.

5. City Manager as Personnel Officer: Pursuant to City Council Resolution No. 2020-18, the City Manager, or his or her designee, as the City’s Personnel Officer, will act for the City in all aspects of the disciplinary appeal process.

6. Administrative Law Judge: Every hearing shall be presided over by administrative law judge(“ALJ”) on staff of the State Office of Administrative Hearings. In each case, the Personnel Officer will decide, pursuant to Government Code sections 11512 and 11517, whether the Personnel Officer will hear the case originally with the assistance of an ALJ presiding, or whether the ALJ will originally hear the case alone and provide a proposed decision to the Personnel Officer.

When the Personnel Officer hears the case originally, the ALJ shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Personnel Officer on matters of law; the Personnel Officer shall exercise all other powers relating to the conduct of the hearing but may delegate any or all of them to the ALJ. When the ALJ alone hears a case, he or she shall exercise all powers relating to the conduct of the hearing. In conducting the hearing, the ALJ shall follow the evidentiary standards described in section 11513 of the Government Code.

7. Time and Place of Hearing: Pursuant to Government Code section 11508, the Personnel Officer will consult with the Office of Administrative Hearings and will select a time and location for the hearing.

8. Notice of the Hearing: Notice of the hearing shall be provided to the parties pursuant to Government Code section 11509. The City will mail or deliver a written notice of the hearing with the information required by Government Code section 11509, no later than 10 days prior to the hearing.

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 43 9. Recording of the Hearing: The appeal proceedings shall be reported by a stenographic reporter. However, upon the consent of all the parties, the proceedings may be reported electronically.

10. Decision: The final decision will be reduced to writing, include a statement of the factual and legal basis for the decision, and shall be final and binding on the parties. The decision will be filed as a public record. The Personnel Officer’s written decision shall be served by first class mail, postage prepaid, upon the Firefighter as well as his/or her attorney or representative. It shall be accompanied by an affidavit or certificate of mailing. Finally, the Personnel Officer shall advise the Firefighter that the time within which judicial review of the decision may be sought is 90 days from the date of mailing, as governed by Code of Civil Procedure section 1094.6.

ARTICLE 24. TERM AND REOPENER

The term of this Memorandum of Understanding shall commence on July 1, 2024 July 1, 2025 and shall expire June 30, 2025 June 30, 2027, 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.

In addition, the Union shall be entitled to reopen this Memorandum of Understanding during the term of this Agreement to meet and confer over potential enhancements to working conditions. If the Union decides to reopen, it shall serve written notice to the City requesting to commence said negotiations.

ARTICLE 25. INTEREST-BASED BARGAINING AND VACANCIES
A. Vacancies
The City and HFFU agree to continue their commitment to interest-based bargaining where the groups work collaboratively and prioritize durable outcomes that are mutually beneficial to both parties. To that end, both parties agree to continue conversations about recruitment activities and the filling of vacancies for classifications covered by HFFU. If the parties cannot come to an agreement, both parties agree to utilize a mediator to help facilitate conversations about these topics.

The above constitutes a full and complete agreement between the parties on all matters within the scope of representation as memorialized by the signatures below:

City of Hollister Hollister Firefighters Union (HFFU)

Ana Cortez, City Manager Vincent Grewohl, HFFU President and Negotiator

Stephen Healy, City Negotiator

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 44 City of Hollister
Hollister Firefighters Union (HFFU)

David Mirrione, City Manager
Josh Buzzetta, HFFU Negotiator

Casey Estorga, City Negotiator
Vince Grewohl, HFFU Negotiator

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1 45 Mary Lerner, City Negotiator Andrew Henderson, HFFU Negotiator

Robert Lomeli, City Negotiator John Parrinello, HFFU Negotiator

Taylor Sieman, HFFU Negotiator

Tony Spitaleri, HFFU Negotiator

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Docusign Envelope ID: 48A116CA-BFA6-4217-A742-234E5A5E42F1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF HOLLISTER
AND
THE HOLLISTER FIREFIGHTERS UNION (H.F.F.U.) – LOCAL
3395

July 1, 2025 and August 1,2027

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1 Table of Contents
ARTICLE 1. PREAMBLE......................................................................................................................... 3 ARTICLE 2. NO DISCRIMINATION ....................................................................................................... 4 ARTICLE 3. RECOGNITION ................................................................................................................... 4 ARTICLE 4. MAINTENANCE OF BENEFITS ...................................................................................... 4 ARTICLE 5. SALARY AND SPECIAL COMPENSATION ............................................................... 4 A. Salary Adjustments ..................................................................................................................... 4 B. Fire Engineer Salary Separation .............................................................................................. 4 C. Deferred Compensation Plan ................................................................................................... 5 D. Longevity Pay ............................................................................................................................... 5 E. Retirement ..................................................................................................................................... 5 F. Overtime ........................................................................................................................................ 6 G. Call Back Pay ................................................................................................................................ 6 H. Bilingual Skills Pay ..................................................................................................................... 6 I. Working Out Of Class Pay ......................................................................................................... 7 J. Holiday Compensation ............................................................................................................... 7 K. Promotions .................................................................................................................................... 8 L. Compensatory Time Conversion to Cash ............................................................................. 8 O. 40-Hour Training Assignments .............................................................................................. 10 P. State Registered Instructor ..................................................................................................... 10 Q. Fire Safety Inspectors .............................................................................................................. 10 R. Retiree Medical Trust
ARTICLE 6. INSURANCE ..................................................................................................................... 11 A. CalPERS Medical ...................................................................................................................... 11 B. Health Insurance Options ....................................................................................................... 11 C. IRS Code Section 125 Flexible Benefits/Cafeteria Plan .................................................. 11 D. Terms for Health Care Participation ...................................................................................... 12 E. Health Care Contributions ....................................................................................................... 12 F. Vision Insurance ........................................................................................................................ 13 G. Dental Insurance ........................................................................................................................ 13 H. Life Insurance ............................................................................................................................. 13 I. Long Term Disability Insurance ............................................................................................. 13 J. Health Insurance Opt-out Waiver Cash Incentive Option................................................ 13

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2 K. Optional Health Benefits .......................................................................................................... 14 L. Flexible Spending Accounts (FSA's) .................................................................................... 14 M. Voluntary Life Insurance .......................................................................................................... 15 N. Miscellaneous ............................................................................................................................. 15 ARTICLE 7. CAREER INCENTIVE PROGRAM ................................................................................. 15 A. Education Incentive Program ................................................................................................. 15 B. Specialty Incentive Program................................................................................................... 15 ARTICLE 8. JOB RELATED DISABILITIES AND THE AMERICANS WITH DISABILITIES ACT . ................................................................................................................................................ 16 A. Job Related Disabilities ........................................................................................................... 16 B. Americans with Disabilities Act ............................................................................................. 16 ARTICLE 9. UNIFORM ALLOWANCE AND SAFETY EQUIPMENT .............................................. 16 A. Uniform Allowance .................................................................................................................... 16 B. Safety Equipment ...................................................................................................................... 16 ARTICLE 10. GRIEVANCE PROCEDURE .......................................................................................... 17 A. Definition ..................................................................................................................................... 17 B. Stale Grievance .......................................................................................................................... 17 C. Informal Discussion with Employee's Supervisor ............................................................ 17 D. Formal Written Grievance to Employee's Supervisor ...................................................... 17 E. Grievance to Department Head/City Manager .................................................................... 18 F. Waiver of Appeal Steps ............................................................................................................ 18 G. Advisory Fact Finding of Grievances ................................................................................... 18 H. Selection of a Fact Finder ....................................................................................................... 18 I. Duty of Fact Finder ................................................................................................................... 18 J. Payment of Costs ...................................................................................................................... 18 K. Effect of Failure Of Timely Action ......................................................................................... 19 ARTICLE 11. LEAVE ............................................................................................................................... 19 A. Sick Leave ................................................................................................................................... 19 B. Bereavement Leave .................................................................................................................. 19 C. Family Sick Leave - Within Existing Benefit ....................................................................... 19 D. Emergency Sick Leave - Within Existing Benefit .............................................................. 19 E. Vacation ....................................................................................................................................... 20 F. Leave ............................................................................................................................................ 20 ARTICLE 12. WORKING HOURS ......................................................................................................... 21

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3 ARTICLE 13. MISCELLANEOUS ......................................................................................................... 21 A. Residency .................................................................................................................................... 21 B. Professionalization.................................................................................................................... 21 C. Bulletin Board ............................................................................................................................ 22 D. Payroll Deduction Of Dues ...................................................................................................... 22 E. Shift Exchanges ......................................................................................................................... 22 F. Minimum Staffing Provisions ................................................................................................. 22 G. Unit Staffing ................................................................................................................................ 22 H. Payroll Direct Deposit .............................................................................................................. 23 I. Sick Leave Conversion to Cash ............................................................................................. 23 J. Physical Fitness and Wellness Program ............................................................................. 23 K. Tuition Reimbursements .......................................................................................................... 24 L. New Employee Orientation...................................................................................................... 24 M. Order of Layoff ........................................................................................................................... 24 N. Re-employment .......................................................................................................................... 24 O. Bidding Procedure for Local 3395 ......................................................................................... 25 ARTICLE 14. MAINTENANCE OF OPERATIONS .......................................................................... 25 ARTICLE 15. PREVAILING M.O.U ....................................................................................................... 26 ARTICLE 16. UNION BUSINESS .......................................................................................................... 26 ARTICLE 17. DRUG FREE WORKPLACE POLICY ......................................................................... 26 ARTICLE 18. SAVINGS CLAUSE ......................................................................................................... 26 ARTICLE 19. PROMOTIONAL PROBATION ..................................................................................... 26 ARTICLE 20. LABOR AND MANAGEMENT COMMITTEE ............................................................. 26 ARTICLE 21. LAYOFF POLICY ............................................................................................................ 26 ARTICLE 22. BIDDING SYSTEM ....................................................................................................... 27 ARTICLE 23. DISCIPLINARY APPEAL PROCEDURES ................................................................ 27 ARTICLE 24. TERM AND REOPENER ............................................................................................. 31 ARTICLE 25. INTEREST-BASED BARGAINING AND VACANCIES ............................................. 31 A. Vacancies ..................................................................................................................................... 31 ARTICLE 1. PREAMBLE
This Memorandum of Understanding is entered into by the City of Hollister, hereinafter referred

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4 to as "City", and the Hollister Firefighters Union, hereinafter referred to as "Union". This Memorandum of Understanding hereinafter referred to as "M.O.U.", is subject to Sections 3500-

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5 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.

Notice of any matter proposed to be changed will be provided to the Union in a timely fashion.

ARTICLE 5. SALARY AND SPECIAL COMPENSATION
A. Salary Adjustments

B. Fire Engineer Salary Separation

Effective the pay period beginning January 29, 2022, the City shall implement a salary differential increase between classifications from ten percent (10%) to twelve and a half percent (12.5%). The twelve and a half percent (12.5%) salary differential shall be maintained between all ranks beginning at Firefighter.

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6 Also, effective the first full pay period on or after July 1, 2023, the City shall implement a salary differential increase between classifications from twelve and a half percent (12.5%) to fifteen percent (15%). The fifteen percent (15%) salary differential shall be maintained between all ranks beginning at Firefighter.

C. Deferred Compensation Plan

The City shall continue, during the term of this M.O.U., to provide a voluntary deferred compensation plan for all employees of this unit.

D. Longevity Pay

E. Retirement

1. Contribution
Tier 1

Tier 2

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 - Fire CalPERS “3% @ age 55” Retirement Benefit Plan shall pay nine percent (9%) of their Compensation as part of the Employees’ contribution.

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7 Tier 3

2. Survivor's Death Benefit

3. Modifications

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

F. Overtime

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

1. Unit members may accrue up to a maximum of four-hundred eighty (480) hours of compensatory time.

G. Call Back Pay

Any employee who is called back for work from an off duty status shall be compensated with a minimum of three (3) hours overtime for the time worked at the rate of time and one -half.

H. Bilingual Skills Pay

Level II – Written Translation

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8 for bilingual services becomes greater than the allotted 3 positions, the department head may request to increase its bilingual services pending City Managers approval.

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.

I. Working Out Of Class Pay

J. Holiday Compensation

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9 K. Promotions

Employees promoting shall receive a salary increase equivalent to one (1) step (approximately five (5.0%) percent) or movement into the new salary range, whichever is greater.

L. Compensatory Time Conversion to Cash

Employees may convert accumulated compensatory time to cash as follows:

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

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

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

4. Upon separation of service from the City.

M. Fire Captain Assigned to Training Officer (Training Captain)

c. Bidding Rotation: The position will be a rotational position utilizing Article 13 Section O Bidding Procedure for Local 3395. Further, the union reserves the right to augment the rotation through the “Meet and Confer” process involving the Fire Chief.

The augmented section will be outlined below. Either of these two options will be evaluated by the need of the department.

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10 d. Bidding Outlined: Subsequent the “Meet and Confer” process, the Training Captain will be either assigned to the position for one (1) year or bid of two (2) years. The two (2) year assignment will follow Article 13 Section O. Should the “Meet and Confer” process yield the need for a 1-year assignment, the bidding process will be as such:

The least senior Captain off probation will be assigned to the Training Captain role.

The Fire Captain rank only will commence a bidding procedure as outlined in Article 13 Section O.

N. Compensation Study

City will hire a consultant that completes the study as soon as possible and the two groups will meet as soon as the study is done, but no later than November 2024.

The remaining six (6) agencies will then be used as comparable agencies for future bargaining.

Eight (8) Comparable Agencies To Be Studied:

1. Central Fire District of Santa Cruz County

2. City of Gilroy

3. City of Marina

4. City of Monterey

5. City of Paso Robles

6. City of Santa Cruz

7. City of Seaside

8. City of Watsonville

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11 O. 40-Hour Training Assignments

P. State Registered Instructor

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

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

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

Q. Fire Safety Inspectors

Two Fire Safety Inspector positions will be added to the Hollister Fire Department personnel budget and will be represented by the Hollister Firefighters Union (HFFU) IAFF local 3395.

One Fire Safety Inspector will be permanently filled (until vacancy occurs) by an open recruitment testing process. This openly recruited position will not be allowed to work i n the capacity, take the place of, used to save overtime, or backfill any line staff positions. Fire Safety Inspectors may be utilized as a logistical, planning, or operational assistant on an incident only if requested by Incident Command (IC).

The second Fire Safety Inspector position will be filled on a rotational basis by fire personnel line staff. This position will be biddable for two (2) years with a max of four (4) years (two

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12 consecutive bids). If this position goes unbidden, the position will be filled with the lowest ranking Captain (not on probation) assigned for a one (1) year term. After the one (1) year term is complete, the next Captain above in seniority will be assigned for a one (1) year term, this assigned rotation will continue if the position goes unbidden and will open up for bid every two (2) years without a membership vote.

Bidding of this position will following MOU Section O. Order of Bidding, for qualified personnel.

R. Retiree Medical Trust:

1. ACKNOWLEDGEMENT. The City acknowledges that the Union has entered into an agreement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”). The purpose of the Trust is to provide for retiree health expense reimbursement benefits and shall be, and remain separate and apart from any City health insurance funding program. The Union acknowledges and agrees that the obligation for benefits promised under the Trust falls exclusively with the Trust. The Union further acknowledges and agrees that City's responsibility with respect to the Trust and any underlying benefits is limited to withholding, transferring and reporting employee contributions to the Trust and is not responsible for any benefits, rights or features offered under the Trust. The $291.67 employer contribution (formaly tuition reimbursement) and the employee contributions will be effective upon ratification.

2. DEFINED CLASS OF PARTICIPATING EMPLOYEES. The Employees who will be required to make mandatory contributions to the Trust, as set forth below, consists of all employees represented by the Union ("Defined Class").

3. MANDATORY EMPLOYEE CONTRIBUTION AMOUNT. The Union and the Trust have agreed to the mandatory contribution schedule described herein. The contributions shall begin upon ratification.The City and the Union agree that the City shall help facilitate the Union's participation in the Trust by withholding mandatory contributions, on a pre-tax basis, from the pay of every employee of the Defined Class based on consecutive years of City service as set forth below.

Number of Consecutive Years Monthly Trust Contribution
0-4 $100
5-9 $125
10-14 $150
15-19 $175
20 or more years $200

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13 CONTRIBUTION OF VACATION LEAVE AT SEPARATION. Upon the employee’s separation from City service, the City shall transfer to the Trust, on a pre -tax basis, 100% of the value of accrued and unused vacation leave subject to the terms set forth in ARTICLE 11, Section E(1). The employee by written election received by the City no later than 30 days prior to separation may elect to transfer any portion of the value of accrued vacation leave to a City-sponsored 457(b) plan up to allowable IRS limits.

CONTRIBUTION OF SICK LEAVE AT RETIREMENT. Upon the employee’s retirement from City service, the City shall transfer to the Trust, on a pre-tax basis, 100% of the value of the portion of employee's accrued and unused sick leave balance eligible for transfer under the terms and conditions set forth in ARTICLE 13, Section I, if any. The employee by written election received by the City no later than 30 days prior to retirement may elect to transfer any portion of the value of accrued sick leave to a City-sponsored 457(b) plan up to allowable IRS limits or service credit pursuant to the City’s agreement with CalPERS.

4. EMPLOYER CONTRIBUTION AMOUNT. In consideration for the elimination of the Tuition Reimbursement provision under ARTICLE 13, Section K of the MOU expiring June 30, 2025, the City shall make mandatory a monthly contribution of $291.67 on behalf of every employee in the Defined Class.

5. EMPLOYER OPEB OFFSET CONTRIBUTION. In consideration for the elimination of the $400 monthly Retiree Insurance Benefit earned after 20-years of service, pursuant to ARTICLE 6, Section A(1) of the MOU expiring June 30, 2025, the City agrees to make an monthly contribution on behalf of employees in the Defined Class as set forth below.

Hired Prior to 7/1/2027 Hired On or After 7/1/2027
$425 per month terminating following 60
months of contributions
$85 per month until separation from
service

a. The City acknowledges that Trust provisions require participating employees prior to 7/1/2027 to attain 60 months of Active Service in the plan to qualify as a Regular Beneficiary, as defined by the plan document. The City and Union acknowledge that Trust provisions determine the terms and conditions required of a participating employees hired on or after 7/1/2027, to qualify as a Regular Beneficiary, as defined by the plan document.
b. Should a participating employee hired prior to 7/1/2027 retire (for service or disability) prior to receiving 60 months of contributions set forth in this subsection, the City shall make a lump sum contribution on the employee’s behalf in accordance with the following:

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14 factors set forth in the Trust plan document in effect at the time of retirement utilizing the Worksheet in Attachment A to this subsection. (4) The City lump sum contribution shall not be inclusive of terminal leave transfers to the Trust.
(5) The City acknowledges that a retiring employee has the option to convert the City lump sum contribution to ASUs in order to attain Regular Beneficiary status, as defined by the plan or allocate any portion of the contribution to an Individual Account in the Trust. (6) A retiring employee in the Defined Class who has previously received 60 months of Employer OPEB Offset contributions to the Trust and attained Regular Beneficiary status in the Trust shall not be eligible for a City lump sum contribution.
(7) A retiring employee in the Defined Class shall not have the option to receive a cash payout for the value of the City lump sum contribution in lieu of making contributions to the Trust.
(8) hired prior to 7/1/20267but retire before with less than 60 months of Active Service in the Trust prior to the July 1, 2027 effective date, shall not be entitled to and shall not receive the lump sum contribution described in this Article 5, Section R.5.
(9) Retiring employees in the Defined Class hired on or after 7/1/2027, are not entitled to and shall not receive the benefit described in this Article 5, Section R.5.b.

All contributions shall be transmitted to the Trust pursuant to the requirements in Section R.6 immediately below. No employee shall be permitted to opt-out of the mandatory contributions or receive any portion of trust contributions in cash.

6. REMITTANCE OF CONTRIBUTIONS. The City shall remit all Trust contributions directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust in regard to reporting and depositing the required contributions set forth herein.

7. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a monthly or per pay period report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust, and received by the Trust Office within five (5) days of receipt of the contribution funds. The report will include at a minimum: employee first and last name, with suffix as applicable; employee number; Social Security Number; employee status (e.g., active, on leave); date of birth; gender; date of hire; bargaining unit; date of change in bargaining unit, as applicable; home mailing address; employer contribution amount; employee contribution amount; leave transfer amount, as applicable; separation date, as applicable; and separation reason.

The Trust will provide a secure data transfer platform or pr ocess for transmission of this employee information to the Trust Office.

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15 8. MODIFICATION OF EMPLOYEE CONTRIBUTIONS AND EMPLOYER CONTRIBUTIONS. The City and the Union agree that the Union has the right, subject to approval of its members according to the Union’s internal rules, to prospectively modify the amount of the employee monthly contribution (Section 3) or the transfer of employee leave, so long as the modification is mandatory for all employees covered by this Agreement and does not result in any additional administrative or other cost to the City. The Union and the City agree that the Union and its employees do not have a vested right to employer contributions to the Trust and the City may modify or eliminate such employer contributions in the future through meet and confer process.

9. INDEMNIFICATION. The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the operations of the Trust, except for the obligation of the City to make and report on the non-elective transfer of contributions as described in this Section.

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16 Attachment A to ARTICLE 5, Section R

Worksheet to Calculate City Lump Sum Contribution to
IAFF Medical Expense Reimbursement Plan
Applicable only to Employees Receiving Less Than 60 Months of

EMPLOYER OPEB OFFSET CONTRIBUTIONS
Pursuant to ARTICLE 5, Section R(5)

1) Enter current IAFF MERP Unit Multiplier (UM) Contact Trust Office

2) Enter Retirement Age Factor (Appendix E table below)

3) Enter Surviving Spouse Benefit Factor (Appendix D)

4) Multiply Line 1 x Line 2 x Line 3

5) Determine Active Service Units (ASUs) required to attain Monthly Benefit Level of $400. Divide 400 by Line 4

6) Enter sum of City OPEB Offset contributions $

7) Determine ASUs attained through City OPEB Offset Contributions.

Divide City Line 6 by 25

8) Determine additional ASUs required to attain Monthly Benefit Level.

Subtract Line 7 from Line 5

9) Enter ASU cost from Lump Sum Transfer Conversion Table (Appendix C) below based on age at retirement $

10) Calculate City Lump Sum Contribution amount.

Multiply Line 7 x Line 8 $

Worksheet Reference Tables*

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17 Retiree
Age

Retirement Age Factors
(Appendix E)

Surviving Spouse Benefit
Factor (Appendix D)

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18 SAMPLE Attachment A to ARTICLE 5, Section R