Agenda packet — Pinole City Council, April 19, 2022

PINOLE CITY COUNCIL

MEETING AGENDA

CITY COUNCIL
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Anthony Tave, Council Member
Maureen Toms, Council Member
Norma Martínez-Rubin, Council Member

TUESDAY
April 19, 2022
5:00 P.M
Please note: HYBRID MEETING FORMAT & EARLY START TIME
Attend in person : PINOLE CITY COUNCIL CHAMBERS - 2131 PEAR STREET OR
Attend VIA ZOOM TELECONFERENCE – Details provided below Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

How to Submit Public Comments:

In Person: Attend meeting at the Pinole City Council Chambers, fill out a yellow public comment card and submit it to the City Clerk.

Via Zoom:

Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.

From a PC, Mac, iPad, iPhone or Android:
https://us02web.zoom.us/j/89335000272
Webinar ID: 893 3500 0272
By phone: +1 (669) 900-6833 or +1 (253) 215-8782 or +1 (346) 248-7799 • Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
• Each speaker will be afforded up to 3 minutes to speak (subject to modification by the Mayor)
• Speakers will be muted until their opportunity to provide public comment.

When the Mayor opens the comment period for the item you wish to speak on, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide and press *6 to unmute. To comment with your video enabled, please let the City Clerk know you would like to turn your camera on once you are called to speak.

CORONAVIRUS ADVISORY
INFORMATION:

CLICK HERE for City Updates
CLICK HERE for County Updates
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Written Comments: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website on the agenda page (Agenda Page Link) and provided to the City Council prior to the meeting. Written comments will not be read aloud during the meeting.

Email comments to [email protected] Please indicate which item on the agenda you are commenting on in the subject line of your email.

Please note: Updated COVID-19 safety protocols will be posted outside the City Council Chambers. Please review this information before entering the Council Chambers.

OTHER WAYS TO WATCH THE MEETING
LIVE ON CHANNEL 26. They are retelecast the following Thursday at 6:00 p.m. The Community TV Channel 26 schedule is published on the city’s website at www.ci.pinole.ca.us.

VIDEO-STREAMED LIVE ON THE CITY’S WEBSITE, www.ci.pinole.ca.us. and remain archived on the site for five (5) years.

If none of these options are available to you, or you need assistance with public comment, please contact the City Clerk, Heather Bell at (510) 724-8928 or [email protected] .

Americans With Disabilities Act: In compliance with the Americans With Disabilities Act of 1990, if you need special assistance to participate in a City Meeting or you need a copy of the agenda, or the agenda packet in an appropriate alternative format, please contact the City Clerk’s Office at (510) 724-8928. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Note: Staff reports are available for inspection on the City Website at www.ci.pinole.ca.us. You may also contact the City Clerk via e-mail at [email protected] .

Ralph M. Brown Act. Gov. Code § 54950. In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies, which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.
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1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS

2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.

4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.

A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Gov. Code § 54956.9 (d)(1)
MVP Construction

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION

6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting. PLEASE SEE THE

COVERSHEET OF THE AGENDA FOR INSTRUCTIONS ON HOW TO SUBMIT PUBLIC COMMENTS

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
B. Mayoral & Council Appointments
C. City Council Committee Reports & Communications
D. Council Requests for Future Agenda Items
E. City Manager Report / Department Staff

F. City Attorney Report

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A. Proclamations

1. Recognizing Education and Sharing Day

2. Recognition for Lorraine Hartnett in the Event of Her Retirement B. Presentations

1. Community Science Project Presentation by Ann Moriarty, Friends of Pinole Creek Watershed and Dr. Win Cowger, Moore Institute for Plastic Pollution Research

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine or noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.

A. Approve the Minutes of the March 29, 2022 Special Meeting and the April 5, 2022 Regular Meeting.

B. Receive the April 2, 2022 -April 15, 2022 List of Warrants in the Amount of $315,832.25 and the April 15, 2022 Payroll in the Amount of $486,968.11.

C. Approve An Amendment to The Employment Agreement for The City Clerk [Action: Adopt Resolution per Staff Recommendation (Shell)] D. Authorize the City Manager to Implement a Recruitment Incentive Program [Action: Adopt Resolution per Staff Recommendation (Shell)] E. Letter of Support for Assembly Bill (AB) 1944 [Action: Approve Letter of Support per Staff Recommendation (Casher)]
F. Letter of Support for Assembly Bill (AB) 1814 Regarding Investments in EV Charging [Action: Approve Letter of Support per Staff Recommendation (Mishra)]

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

A. Conduct First Reading of Ordinance Adopting a Military Equipment Use Policy and Adding Chapter 2.60 to the Pinole Municipal Code in Compliance with AB 481 [Action: Conduct Public Hearing and Approve First Reading of Ordinance (Casher)]

11. OLD BUSINESS
A. Fire Department Update [Action: Receive and File Report (Wynkoop)] 4 of 221
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12. NEW BUSINESS
A. Receive Report on How the City Facilitates/Supports Community Events Organized by Private Organizations and Provide Direction as Appropriate [Action: Receive Report and Provide Direction (Picazo)] B. Overview of the History and Activities of Pinole Community Television (PCTV) [Action: Receive and File Report (Murray)]

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

14. ADJOURNMENT to the Special City Council Meeting of April 26, 2022 in Remembrance of Amber Swartz.

I hereby certify under the laws of the State of California that the foregoing Agenda was posted on the bulletin board at the main entrance of Pinole City Hall, 2131 Pear Street Pinole, CA, on the City’s website, not less than 72 hours prior to the meeting date set forth on this agenda.

POSTED: April 14, 2022 at 4:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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SPECIAL CITY COUNCIL MEETING

MINUTES
March 29, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The Special City Council Meeting was held via a hybrid meeting format live in-person and Zoom videoconference and broadcast from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Special Meeting of the City Council to order at 6:00 p.m. and led the Pledge of Allegiance.

2. LAND ACKNOWLEDGEMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.

3. ROLL CALL, CITY CLERK’S REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision; (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself/herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov.

Code § 87105.

A. COUNCILMEMBERS PRESENT
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member
Maureen Toms, Council Member (Zoom teleconference)
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Markisha Guillory, Finance Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, March 24, 2022 at 5:00 p.m. with all legally required written notice. No written comments had been received in advance of the meeting.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 9A
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4. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Debbie Long, Pinole, commented during the March 15, 2022 City Council meeting that there had been a discussion and comments regarding the development of the former Kmart property, which proposal would consist of 223 apartments, as well as a discussion of Pinole becoming a Charter City. Some of the comments had taken place under Citizens to be Heard and some under Old Business. She explained it had always been the case that citizens choosing to speak should not be attacked for their opinions or chastised or humiliated in a way that may prevent them speaking in the future; however, she stated this previous decorum was not being adhered to by the Mayor Pro Tem. In response to the comments opposed to the large apartment complex, she stated the Mayor Pro Tem had indicated several times that residents of Pinole did not want new people in Pinole. She stated his analysis was not only factually inaccurate but offensive and divisive given that his background in Pinole was short-lived. She welcomed new development and suggested the City was fortunate enough to be able to move forward with some development, although not all projects were appropriate in design, size or site. While people may disagree with a particular size and location of a project, as was the case with the proposal for the former Kmart site, it did not lead to a conclusion that residents did not want new people in Pinole.

5. STUDY SESSION ITEM
A. Special City Council Meeting to Provide an Overview of the City’s Revenue Sources [Action: Receive Report (Guillory)]
Finance Director Markisha Guillory explained that this item was in response to a future agenda item request for a presentation of the City’s tax revenue sources and to inform the City Council and general public on how the City generated revenues and how revenues were used. No action would be taken by the City Council. The report was for information only.

Ms. Guillory provided a PowerPoint presentation which included an overview of the General Tax Revenues which included Property and Sales Taxes, Utility Users’ Tax (UTT), Franchise Tax, Motor Vehicle License Fee (VLF), Gas Tax, Business License Tax and Transient Occupancy Tax (TOT) along with the purpose and use of revenues. She also highlighted the Special Tax Revenues which included a Tax Assessment District on properties within the district to maintain median lighting and lighting in the Pinole Valley Road North and South areas. All information had been detailed in the March 29, 2022 staff report.

Council member Toms commented with respect to property taxes that 34 percent of the property tax went to school districts and 19 percent to the City of Pinole, which had been locked in since 1978 and Proposition 13. For comparison purposes, some cities had received as much as 5 percent more in property taxes than Pinole. As to TOT taxes, she clarified with staff that TOTs were collected for Airbnbs. She asked for clarification of the process if the City were to issue bonds for one-time expenditures.
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Ms. Guillory outlined General Obligation Bonds payable from property taxes and for that to be passed it would require legislative approval by the City Council, a ballot measure and two-thirds voter approval. From there the City would sell the bonds to generate funds. That option would need to be very specific as to what would be funded and the funds could only be used for that item.

Council member Toms understood similar to how the West Contra Costa Unified School District (WCCUSD) issued bonds, repayment would come from property taxes, not out of the 34 percent tax distribution but an additional assessment on individual tax bills.

Council member Martinez-Rubin clarified with Ms. Guillory the rate of one percent assessed value for property taxes applied to Commercial, Residential and Industrial property categories. She also clarified with staff the VLF, imposed in-lieu of local property taxes, defined excise taxes (such as a litter tax) required two-thirds voter approval given that they would be a special tax as opposed to a general tax, and defined general purposes with a reference to administration including City staff and personnel.

Council member Tave clarified with Ms. Guillory the impacts of Proposition 13. He also referred to prior Council discussions of a Real Property Transfer Tax (RPTT) and the City’s Operating Budget for Fiscal Year 2021/22.

Ms. Guillory clarified that the budget was not structurally balanced primarily due to City Council directed initiatives that had been included in the budget. If just basic services had been included in the budget, it would be pretty much balanced. Given that the City had other revenues and reserves, the City’s budget was balanced.

Council member Tave further clarified the property tax overview as part of the PowerPoint presentation and the Educational Revenue Augmentation Fund (ERAF) and community college bonds where Pinole paid almost 52 percent of its taxes to schools, with the RPTT being the only tax being implemented at this time. He also clarified with Ms. Guillory the average sales tax percentage in Contra Costa County was about 9.6 percent as compared to the City of Pinole at 9 percent. The City of El Cerrito had the highest sales tax at 10.25 percent.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, spoke to the City’s revenues and suggested it would be beneficial for future charts to include Measure S funds in addition to the general budget, particularly since Measure S funds were unrestricted revenue and general taxes as noted. As to the ERAF, he understood the fund had been created to allow the state to take a portion of local property taxes and assign them to the state’s obligation to ensure that local education was properly funded and was different from the other tax segments within property taxes. He asked whether one of the charts in the PowerPoint presentation should have included the Countywide Measure X funds and commented on the one percent Consumer Price Index (CPI) change versus property tax change, and noted most of the City’s tax revenues were not property taxes with many revenues coming from other sources than from property taxes. He also asked why the TOT was anticipated to decrease in Fiscal Year 2021/22 given the expectation more people would occupy hotels as the pandemic waned as opposed to prior years, and the projection of flat or decreases to the UUT revenues for the same reasons.
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Debbie Long, Pinole thanked Ms. Guillory for a very complete analysis of the City’s revenues.

She commented that Fiscal Year 2018/19 included a summary of revenues similar to the pie chart included in the staff report and had shown that in three fiscal years the City had increased its revenues by almost $3 million. She asked whether any analysis had been done to identify how the $3 million had been spent. She also spoke to gas taxes and understood unlike VLFs, gas taxes had been based on the number of miles in the City, which meant that Pinole would always receive fewer gas taxes than the City of Hercules since that community had more miles within its borders. She was uncertain that process had changed and stated it should be clarified.

Ms. Long also commented that the ERAF was at 12 percent with WCCUSD at 48 percent not including bonds and that should be evaluated with more accountability. She noted that other cities received more and the County should reevaluate the ERAF. She also asked of the fund balance in the City’s reserves and the fund balance overall for the different funds where monies had been appropriated but had not necessarily been spent and carried over.

Ms. Guillory asked that she be allowed to review the comments from the public and respond via email.

Council member Tave asked that the responses to the public be distributed to the City Council as well.

City Clerk Heather Bell clarified, when asked, that the questions asked by the public would be reflected in the meeting minutes but the responses would not unless they occurred during the meeting.

Council member Tave asked that the responses be provided now if possible to be part of the record.

Ms. Guillory stated some questions from the public would require additional research. As to whether the sales tax rate included County Measure X funds, she confirmed it did. She also clarified why the TOT was less for FY 2021/22 since it had been based on historical numbers, and while some things were starting to reopen after the pandemic and while travel and tourism had increased when the budget had been developed for Fiscal Year 2021/22, they had landed on a safe figure based on what was happening around the uncertainty of the pandemic. As a result, adjustments may need to be made for Fiscal Year 2022/23.

Ms. Guillory stated the actuals had been reviewed with monthly financial reports and updates and with quarterly reports provided to the City Council. She stated the actuals aligned with the budget.

Irma Ruport, Pinole, thanked the Finance Director for the presentation but stated not all of the information had been included in the staff report. She asked that future reports include more detail since some of the charts and slides had missing dates and the charts had not identified the amounts of the funds and who may receive the funds. She added there was a lot of misinformation in the public regarding sales taxes and effects to residents. She asked whether the City would be able to manage given inflation and other factors. She found the PowerPoint presentation difficult to follow with the exception of the charts but suggested this meeting was important allowing a discussion of a single item separate from other agenda items.

PUBLIC COMMENTS CLOSED
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Ms. Guillory acknowledged the staff report had not included some of the historical information on the add-on measures but those details would be included as the City moved forward to ensure consistency between the staff report and future presentations.

Mayor Pro Tem Murphy asked how Airbnbs were taxed and City Attorney Eric Casher explained that the TOT for Airbnbs was through an agreement with Airbnb related to their collection of TOTs to the City. The City did not have the same agreement with other short-term rental providers but that could be considered in the future. The current agreement between the City and Airbnb was not imposed by state law or included in the Pinole Municipal Code (PMC).

As to the collection of sales taxes from Apple Apps, as an example, and in response to the Mayor Pro Tem, Ms. Guillory commented that the charges would be reflected on an individual cell phone bill or credit card statement but she was uncertain if that had been included in the tax for the overall service and would have to check that information.

Mayor Pro Tem Murphy suggested it would be intriguing to bring this conversation into the participatory budgeting model to see how it could be used as a way to ask questions. He also suggested consideration of using the PowerPoint presentation as a way to keep the public informed as to when and how revenues were used each year. He suggested some kind of open data access be considered to allow the public to be informed when the funds were coming in and how funds were spent around the revenue streams and reserves.

Mayor Pro Tem Murphy was also interested in greater collaboration between the City and the WCCUSD He wanted the City to create a stronger partnership with the WCCUSD and its representatives with the knowledge that much of the City’s tax dollars went to local schools.

Council member Martinez-Rubin suggested a conversation with the WCCUSD Board of Trustees on issues that could inform communication on responsibilities whether the City of Pinole’s or the WCCUSD’s. She commented the City Council had met jointly with the WCCUSD in the past to discuss School Resource Officers (SROs) and the issue of shared costs. Discussions between the City and the WCCUSD may help to better inform residents how their tax dollars were being used.

Council member Martinez-Rubin also thanked the Finance Director for the presentation which had been very helpful. Involved at the state level with the League of California Cities Policy Committee on Revenue and Taxation, she was familiar with the tax code and legislation and provided an update on the discussion of online purchases. Pinole did not have a product fulfillment or distribution center, although neighboring cities did and the impacts on the transportation of goods and services were being discussed by other groups within the League of California Cities related to the proportionate share of online sales taxes that could be shared.

Another statewide effort involved a group of business people who were working to place on the ballot this November an issue related to tax breaks for large corporations. If that measure were to pass it may impact the availability of taxes to cities.

Council member Tave also wanted to have a conversation with the WCCUSD and reiterated the large percentage of taxes paid to the school district. He agreed with the need to work better with the WCCUSD. He also spoke to the estimated transfer tax if they were to implement something like other cities, and commented it had not been discussed by the City Council and should be considered. Hopefully something could be placed on the ballot. 10 of 221
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Council member Tave emphasized the importance of getting the information out to the public and welcomed future discussions on how revenues were generated and how they would be used, which would also be discussed further as part of the upcoming budget discussions.

Mayor Salimi agreed the WCCUSD played an important role in the City and on property values.

Comparing the percentage of property taxes other cities paid for their school districts, Pinole’s taxes were not as high and property values were lower with many families sending their children to private schools, which was one of the challenges. As to the percentage of taxes Pinole received, he commented that was a conversation the City Council had two years ago. While Pinole received less than the City of El Cerrito, it received more than the City of Hercules. Working with the County, Pinole would receive Measure X funds. It was important to foster the relationships between the City, Contra Costa County and the WCCUSD.

Mayor Salimi also recognized the challenges at the state level where it was becoming more difficult for businesses to remain in California. He reported he had reached out to Assembly member Buffy Wicks, District 15, to provide assistance on how taxes could align better between the state and federal levels.

Mayor Pro Tem Murphy understood there would be a reclassified staff position that would be responsible for working on intergovernmental affairs and asked the City Manager to provide more information.

City Manager Andrew Murray explained that the current Five-Year Strategic Plan adopted in February 2020 included as one of the strategies or special projects the creation of an Intergovernmental Affairs Advocacy Program, which would be fulfilled by assigning a new staff person. The Assistant to the City Manager was a newly reclassified position to handle Council directed strategies and special projects. He also expected the City Council would be asked to consider approving a contract with a legislative advocacy firm that could advocate for the City at the state and federal level.

6. ADJOURNMENT to the Regular City Council Meeting of April 5, 2022 in Remembrance of Amber Swartz.

At 7:30 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of April 5, 2022 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL MEETING

MINUTES
April 5, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Regular Meeting of the City Council to order at 5:01 p.m. and led the Pledge of Allegiance.

A. COUNCILMEMBERS PRESENT
Vincent Salimi, Mayor
Devin Murphy, Mayor Pro Tem
Norma Martinez-Rubin, Council Member
Anthony Tave, Council Member (Zoom teleconference)
Maureen Toms, Council Member
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bill, City Clerk
Alex Mog, Assistant City Attorney
Chris Wynkoop, Fire Chief
Lilly Whalen, Community Development Director
Roxane Stone, Deputy City Clerk
Deputy City Clerk Roxane Stone announced the agenda had been posted on Thursday, March 31, 2022 at 4:00 p.m. with all legally required written notices. Revised staff reports for agenda items 9H and 9J had been published after the agenda. One written comment had been received, distributed to the City Council, and posted to the City website.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 9A-1
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A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: Human Resources Director Shell, Assistant City Attorney Mog
Unrepresented employee: City Clerk

PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no comments from the public.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:02 p.m., Mayor Salimi reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting
Ivette Ricco, Pinole, Chair, Pinole for Fair Government, commented on the impacts from the pandemic the last two years. Pinole for Fair Government emphasized the importance of engagement and communication as key and essential towards healing and a semblance of normality and made it its mission to bridge the communication gap between residents and local government. In 2019, Pinole Fair Government held its first ever Town Hall at Christ the Lord Episcopal Church and in 2021 held eight virtual Town Halls. Currently, a number of government speakers had been booked for events scheduled for April 23, May 7, May 21, June 11 and July 9, however the venue that had been booked for the events, the Community Playhouse, could not be used for community conversations since the organization was not a theater group.

Pinole for Fair Government was in the process of identifying an alternate venue and the City Manager had allowed the April 23 event to proceed as planned at the Community Playhouse.

The remaining dates and venue locations would be announced at a later date.

Rafael Menis, Pinole, referenced the International Plant Protection Convention (IPPC) release of its third report installation and latest review of climate science. He read into the record quotes from The Guardian newspaper about the report and information from the report itself and encouraged the Council to read the report.
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Christy Lam-Julian, Pinole, thanked the City Council for the continuation of the hybrid format for City Council meetings. She asked the City Attorney to review Assembly Bill (AB) 1947, Hate Crimes: law enforcement policies, in the hopes the City would be in the forefront on this matter and do right by its citizens. She also asked the City of Pinole to support United Teachers of Richmond (UTR) in its current negotiations with the West Contra Costa Unified School District (WCCUSD), which in her opinion had failed to do its due diligence prior to making decisions to cut funding and eliminate teachers.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
None
B. Mayoral & Council Appointments
None
C. City Council Committee Reports & Communications
Council member Toms reported she had virtually attended the East Bay Fire Mitigation group, which had discussed a Joint Powers Authority (JPA) for the East Bay Hills. She detailed a recommendation to expand the membership of the existing Hills Emergency Forum (HEF) with letters to be sent formally to that organization requesting an expansion of the group with communication to all jurisdictions. She reported at this time it did not appear to be feasible for the group to be a JPA.

Mayor Pro Tem Murphy thanked those who had participated in his recent live/Zoom coffee and conversation chat. The next coffee and conversation chat would be held on April 24, 2022 at 9:00 a.m. at East Bay Coffee and information was available on his website with a link for those who would like to join virtually. Also, the next Marin Clean Energy (MCE) Board of Directors meeting was scheduled for April 21 at 7:00 p.m., with more information available on the MCE website. In addition, he invited the public to the monthly food distribution at the Senior Center on April 11 at 9:00 a.m. and he thanked the Recreation Department for this important service to the community.

Council member Martinez-Rubin reported she had attended the West Contra Costa Transportation Advisory Committee (WCCTAC) meeting on March 25 and briefed the Council on updates from Contra Costa County on its transportation plans. The Contra Costa Transportation Authority (CCTA) would hold workshops on the planned updates with information on the CCTA website. She also announced National Public Health Week April 4 – April 10, 2022, and briefed the Council on the various programs offered with information on the Contra Costa County Public Health website. She wished everyone a Happy Spring.

D. Council Requests for Future Agenda Items
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Council member Martinez-Rubin requested a future agenda item for the City Council to consider and discuss a resolution in support of the League of California Cities opposition to a proposition aimed for the November 2022 ballot, identified as Initiative #AG 21-0042A1, the Taxpayer Protection and Government Accountability Act. Consensus given.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, requested a future agenda item for the City Council to discuss a potential resolution or proclamation in support of Ukraine.

Cordell Hindler, Richmond, requested a future agenda item for the City Council to invite Sabrina Landreth, General Manager, East Bay Regional Park District (EBRPD) to provide an update on how COVID-19 had impacted parks in the Bay Area, and to also invite Richmond Promise Executive Director Christopher Whitmore to provide a presentation.

Irma Ruport, Pinole, requested a future agenda item for the City to bring back Neighborhood Watch Groups and for the Fire and Police Chiefs to consider public workshops to allow the public the opportunity to speak with them informally given the many issues in the community.

PUBLIC COMMENTS CLOSED
Council member Toms suggested the request for Neighborhood Watch Groups could be folded into the quarterly report from the Police Chief. She asked of Council interest for a resolution for Ukraine and suggested the requests for presentations could be made through invitations issued to those individuals.

Mayor Salimi advised there was Council consensus for a proclamation for Ukraine.

E. City Manager Report / Department Staff
City Manager Andrew Murray reported the Easter Egg Hunt would be held on Saturday, April 9, 2022 at 10:00 a.m. at Fernandez Park. He also provided a preview of potential agenda items for the April 19, 2022 regular City Council meeting.

F. City Attorney Report
None

8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY ANNOUNCEMENTS None

9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar.
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A. Approve the Minutes of the March 15, 2022 Regular Meeting and the March 22, 2022 Special Meeting.

B. Receive the March 12, 2022 – April 1, 2022 List of Warrants in the Amount of $1,635,243.60, the March 18, 2022 Payroll in the Amount of $497,824.38, and the April 1, 2022 Payroll in the Amount of $502,369.08
C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] D. Activities of the Public Works Department Operations and Maintenance Division [Action: Receive and File Report (Mishra)]
E. Status of Building Permit Process [Action: Receive and File Report (Whalen)] F. Consulting Services Agreement for Informational Outreach and Ballot Measure Coordination for Potential November 2022 Ballot Measure [Action: Adopt Resolution per Staff Recommendation (Murray)]
G. Resolution Authorizing the City Manager to Enter into a Services Agreement with Fire Recovery USA, LLC [Action: Adopt Resolution per Staff Recommendation (Wynkoop)]
H. Authorize the City Manager to Execute a Settlement Agreement Between the City of Pinole and The Pinole Police Employees Associations [Action: Adopt Resolution per Staff Recommendation (Shell)]
I. Ordinance Amending Chapter 9.24 of the Municipal Code to Regulate the Use and Sale of Fireworks in the City of Pinole [Action: Adopt Ordinance on Second Reading (Casher)]
J. Approve a Disposition and Development Agreement Between the City of Pinole and Grp Shores, LLC for the Development of Property Located at 850 San Pablo Avenue Known as Pinole Shores 2 [Action: Adopt Resolution per Staff Recommendation (Mishra)]
Council members requested the following items be removed from the Consent Calendar for discussion: Items 9E, 9F, and 9G.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced Item 9D, Page 74 of the agenda packet and the discussion about wastewater versus stormwater collection systems. He recalled a significant amount of the increased inflow by the City of Pinole into the Wastewater Treatment Plant over the rainy season had been due to infiltration from the stormwater system. He asked whether or not there was an inspection process/conditions assessment planned for the stormwater collection system.

As to Item 9E, Mr. Menis applauded the City for the establishment of Solar Tuesdays, but noted the City’s tracking system had not been updated since 2015. As to the adoption of Solar App 16 of 221
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Plus, the Department of Energy’s automated solar permitting, he commented the federal government had pushed for the adoption of this system in 2021, and questioned why that had not been done at that time. He also asked for clarification on the cost implications of various classification changes as shown in the staff report for the same item. As to item 9F, he asked for clarification of the consultants fixed fee per month for April through November 2022, as shown in the staff report for the item as compared to the scope of services.

Peter Murray, Pinole, referenced Item 9F and his hope no misleading information would be included in any language to be distributed to the community as part of any potential ballot measure and that the content of any questions would be focused on what the community could tolerate.

He also recalled the City had used the same consultant for services for another project, although the consultant had taken a stand not to complete the contract. He asked the City Council to ask the consultant, if present, to provide an explanation.

Cordell Hindler, Richmond, referenced Item 9A and questioned the adjournment time for the March 15, 2022 meeting. He suggested the public should hear items first prior to a Council vote.

As to item 9C, he hoped the hybrid meeting function would continue to be maintained in the future.

Irma Ruport, Pinole, spoke to Item 9F, stated she had submitted written comments to the City Council and also referenced the fact the consultant had been used in the past, had not satisfactorily completed the scope of work, and had been released from the contract but had still been paid for services. She urged the City Council to be cautious, review past issues, and rather than take action now consider another consultant and not repeat past mistakes.

Council member Tave commented with respect to Item 9E that the City had experienced issues with backlogs of building permits during the pandemic. He thanked staff for the information on the tracking software to improve efficiencies, the increase in staffing, and the fact that lessons learned during the pandemic were being carried forward. He also thanked staff for recognizing that and improving the process.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Salimi/Council member Martinez-Rubin to Approve Consent Calendar Items 9A, 9B, 9C, 9D, 9H, 9I and 9J, as shown.

Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
E. Status of Building Permit Process [Action: Receive and File Report (Whalen)] City Manager Murray acknowledged the City’s tracking system had not been updated since 2015 but was in the process of being updated, and that much of the City’s infrastructure was out of date. At the next City Council meeting, he hoped to obtain City Council approval to approve a contract to update the tracking system.
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City Manager Murray also explained that in 2021 when Solar App Plus had been rolled out, the City was in the midst of an organizational/staffing transition. With new staff on board, many issues with the permitting process had been addressed and updates to the City’s Information Technology (IT) systems were under way. Once the tracking system was up and running efficiencies would continue to improve.

Community Development Director Lilly Whalen added that reclassifications of some staff would be presented as part of the upcoming budget.

Mayor Pro Tem Murphy acknowledged the extent of community input about the permit backlogs during the pandemic. He commended the City Manager and Community Development Director and their teams for a phenomenal job to address the issues, and to the public for its input. He liked the new programs being considered and the improvements for increased efficiencies. He emphasized the importance of the staff report and asked how the public would be made aware of such important information.

Community Development Director Whalen suggested the public would be educated through good messaging on the City website and at the Planning Department counter, and through handouts and self-service permitting online. She also hoped to implement a dashboard system for the public to see how improvements were being made to the processing of permits in a timely manner in the future.

Council member Martinez-Rubin also appreciated the written staff report and the ability for those who were non-technical to understand the process. She suggested that flow charts would also be beneficial to those drawn to the visual narrative and the way a permit was obtained from desk staff to the desired permit type would be beneficial. The flow chart should also include the expected and anticipated time between one step and the next, and the identification of when gaps in communication may occur which would be instructive to the public.

ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to Approve the Status of Building Permit Process.

Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
G. Resolution Authorizing the City Manager to Enter into a Services Agreement with Fire Recovery USA, LLC [Action: Adopt Resolution per Staff Recommendation (Wynkoop)]
Council member Toms reported she had received written comments from a resident unable to attend the meeting who had inquired who was paid during freeway accidents when two trucks responded and trucks remained on-site but no aid was given. She reported she had also shared these questions with the Fire Chief.
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Fire Chief Chris Wynkoop clarified that Fire Recovery USA, LLC billed on behalf of the client/agency and any response from a client/agency would be billed. The City of Pinole, as a client/agency, and regardless of the number and sequence of apparatus, the company would be billed on the City’s behalf. He clarified if an apparatus remained on-site and no aid was given, the company was only billed as long as aid was given. There were very few circumstances where the trucks would remain on the scene and no aid would be given. The most common billing occurrence was assessing and stabilizing the scene, which was a billable incident. The only situation where no aid would be given would be if Hercules/Rodeo arrived on-scene, as an example, and stated they needed no further aid and the trucks would then simply drive by. As long as the trucks were on- or remained on-scene they were assessing and stabilizing the scene.

Also, the company as the billing entity would bill and then remit to the City 78 percent and keep the remaining 22 percent and would not be paid unless the claim was paid.

ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to adopt a Resolution Authorizing the City Manager to Enter into a Services Agreement with Fire Recovery USA, LLC.

Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
F. Consulting Services Agreement for Informational Outreach and Ballot Measure Coordination for Potential November 2022 Ballot Measure [Action: Adopt Resolution per Staff Recommendation (Murray)]
City Manager Murray confirmed the consultant Lew Edwards Group (LEG) was not present. He clarified LEG had been hired to work with the City on Measure S in 2006 and on the Utility Tax (UT) extension in 2012. Oftentimes the work was done in two different phases, the pre-placement phase work leading up to whether a measure should be placed on a ballot, and the postplacement phase after a City Council decided to place a measure on the ballot, with communication and engagement to occur after that.

City Manager Murray stated that based on his understanding, LEG had completed its work on the UT in 2012 up to the pre-placement phase, and had been paid for that work and not for any work not completed. He found no information in the record that the City was not satisfied with LEG.

Subsequently, the City Council had decided to go in-house for the work for cost savings reasons and for the post-placement community engagement and that using City staff was a natural breaking point for the consultant.

Staff was fully aware of the City’s past engagement with LEG. LEG had been forthcoming with its past engagement and its monthly retainer was competitive for the type of services offered and for a city the size of Pinole. LEG was among the state’s leading experts in this area and was familiar with the community given its past work with the City of Pinole. Staff had not seen anything unusual in the record and again LEG had the experience and had submitted a competitive proposal, which why staff had recommended LEG for the work as described for Item 9F and as outlined in the April 5, 2022 staff report.
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City Manager Murray explained if at any point the City Council decided it did not want to use LEG and preferred to work in-house or consider using other resources that could be done.

Council member Toms clarified with the City Manager if for any reason after receiving the results of the survey the City Council made a decision not to move forward with a ballot measure that would be a milestone point in which to terminate the contract with LEG, and the City Council may terminate the contract at any point in time even if not reaching the pre-placement phase.

In response to Council member Tave, City Manager Murray clarified the oversight involved with the consultant’s work and the fact that Pinole had Professional Services Agreements with multiple firms for different deliverables, with the City Manager’s Office working in close coordination with the City Attorney’s Office. One of the consultant’s responsibilities would be to advise on the ballot measure language and legal requirements. LEG had legal background and there were standard procedures to evaluate the deliverables. As with all Professional Services Agreements, if at some point the City was not receiving a deliverable that was satisfactory, steps could be taken as allowed in the Agreement that required re-work or possible termination. He reiterated he had seen nothing in the record to indicate any concern about the quality of LEG’s work.

Council member Martinez-Rubin also clarified with the City Manager the milestones and the proposed scope of work as included in the staff report, with the scope to depend on what the City decided to move forward with in terms of the education/engagement process.

Council member Martinez-Rubin sought an outline of the tangibles that may result from the process, such as outcomes of coordination with City staff, who would receive the message training, what would be left to the City to use and build upon for future comparable work, questions on how well the City was doing with the training, a resource list of past practices regarding messaging or media coverage, training or presentations to the City Council and the result of that coordination and discussions with staff, among others.

City Manager Murray expressed the willingness to ask LEG to provide a scope with more details on the deliverables, but it had not been a consistent practice and the scope of services was not that different from what a different consultant had delivered for the Communication and Engagement Plan and Economic Development Strategy. The intent was to capture the value as much as possible of the work the consultant was doing so that staff may document what was learned and use it in the future.

As to whether an audit of all recent city issues as part of the scope of services could be included, City Manager Murray clarified that could be another area where LEG could be asked to provide more details. He understood that was part of the operation of submitting the Request for Proposal (RFP) and given LEG’s past work and familiarity with Pinole it was aware of recent issues and had dialogue about various civic matters. He also clarified the City’s designated Public Opinion Research Professional was FM3, the other consulting firm that LEG would be working with as part of its RFP and which would be conducting the polling.

ACTION: Motion by Council member Tave/Mayor Pro Tem Murphy to approve a Consulting Services Agreement for Informational Outreach and Ballot Measure Coordination for Potential November 2022 Ballot Measure.

Vote: Passed 5-0
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Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None

10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parté communication that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.

None

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Letter of Support for Assembly Bill 1944 [Action: Receive Report and Consider Approval of Letter per Staff Recommendation (Casher)]
Assistant City Attorney Alex Mog presented the staff report and recommended the City Council consider issuing a Letter of Support for Assembly Bill (AB) 1944.

Responding to the Council, Mr. Mog again clarified the requirements of AB 1944, which was only a requirement if a Councilmember was participating remotely through electronic means and those same electronic means would have to be made available to the public. Even if the legislation did not pass the City Council may consider the option of allowing members of the public to participate remotely. If the City Council approved the item, a basic letter for the Mayor’s signature would be prepared to be sent to the City’s representative in the Assembly and Senate.

Mayor Pro Tem Murphy suggested all letters of support be signed by the entire City Council.

Given no letter of support had been included in the staff report, he suggested the item be tabled to a future date.

City Manager Murray agreed the item should be tabled given the status of the bill was currently pending and with the item to return to the City Council with a draft letter of support.

City Clerk Heather Bell suggested rather than continue the item it could be brought back as a Consent Calendar item reflecting the Council’s direction.

Assistant City Attorney Mog stated, when asked by the Mayor Pro Tem whether AB 1944 was the only legislation surrounding Brown Act reform, that he was aware of another piece of legislation but was uncertain what stood the best chance of succeeding.

City Clerk Bell reported she would be attending the Annual City Clerk’s Association Conference and there would be a lot of information sharing. She could bring back any updates on pending legislation.
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Assistant City Attorney Mog again clarified the impetus for AB 1944 as outlined in the staff report.

If the City Council desired, it could continue hybrid meetings even if all Council members were present, which was available under the current law. AB 1944 was about Council member participation in public meetings. The City was currently conducting hybrid meetings through AB 361, and through the adoption of a resolution with certain findings. AB 361 would sunset in 2024 or January 1, 2025. If passed by state legislators, AB 1944 would be a permanent change to the Brown Act.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, suggested that AB 1944 was a good idea, a simple law, and beneficial. He read the legislation into the record and explained that AB 1944 would codify the hybrid meeting option and a streamed method for viewing the meeting. He urged the City Council in due course to issue a letter in support of AB 1944.

PUBLIC COMMENTS CLOSED
ACTION: Motion by Mayor Pro Tem Murphy/Council member Toms to continue a request for a Letter of Support for Assembly Bill 1944 to the City Council meeting of April 19, 2022.

Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
B. Consideration of a Letter of Support for United Steelworkers Contract at Chevron Richmond Refinery [Action: Receive Report and Consider Approval of Letter per Staff Recommendation (Whalen)]
Community Development Director Whalen presented the staff report and asked the City Council to consider sending a letter of support for the United Steelworkers (USW) Local 5 members employed at the Chevron Refinery in Richmond regarding a labor contract.

Responding to the Council, Community Development Director Whalen and City Manager Murray were unaware of the number of Pinole residents who were members of USW Local 5 and staff had not engaged with the City of Richmond regarding Pinole’s potential endorsement of a letter of support for USW Local 5.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, supported the City Council’s endorsement of a letter of support for USW Local 5. He suggested Chevron could afford to provide a cost of living increase to USW Local 5 members, and suggested bringing in scabs while breaking off labor negotiations was unfortunate and should have been avoided.

PUBLIC COMMENTS CLOSED
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Council member Toms stated she would have cautioned the City Council becoming involved in labor negotiations, although she suggested there was a nexus to having the USW Local 5 contract settled in terms of public safety. She recommended the following statement be added to the letter shown in Attachment A to the April 5 staff report:

Industrial facilities near Pinole, including Chevron Richmond Refinery, pose a significant health and safety risk to the population and also the environment due to the nature of the business. The risk is reduced with a highly trained work force. When employees trained to operate the facility in a safe manner are replaced with untrained and temporary workers the risk of a significant incident is multiplied. For the health and safety of the community and the environment we strongly urge Chevron to settle the labor dispute with the refinery workers.

Council member Toms reported she had family members on the picket line, had run the statement by them for their thoughts, and there had been support. She had also run the additional statement by the City Manager.

Council member Martinez-Rubin explained that unions offered an opportunity for the work force to be trained adequately and uphold occupational standards for health and safety. She strongly supported the additional statement as read into the record.

Mayor Pro Tem Murphy also supported the additional statement to the letter and was thankful that Council member Toms had worked with people on the ground. He emphasized that environmental health was a priority and fair labor practices and fair wages were needed, particularly during the pandemic.

Council member Tave agreed with the additional statement, although he suggested that both parties, Chevron Refinery and USW Local 5 should get back to the table to negotiate and possibly the letter could be amended further to reflect that sentiment.

Council member Toms agreed that additional editing be considered to encourage both parties to come together.

The last sentence of the letter contained in Attachment A was amended as follows:

The Pinole City Council strongly urges both parties to agree to a fair labor contract with USW Local 5.

Mayor Pro Tem Murphy also requested an additional amendment to the CC as shown on the bottom of the letter to read:

CC: Pinole City Councilmembers Martinez-Rubin, Tave, Toms, Mayor Pro Tem Murphy, Mayor Salimi
Andrew Murray, Pinole City Manager
Mike Smith, Chair, United Steelworkers National Oil Bargaining Program United Steelworkers Local 5 Union
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ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to approve a Letter of Support for United Steelworkers Contract at Chevron Richmond Refinery, as modified.

Vote: Passed 5-0
Ayes: Salimi, Murphy, Martinez-Rubin, Tave, Toms
Noes: None
Abstain: None

Absent: None
C. Receive Draft Information Technology Plan (“IT Plan”) and Recommend Changes, If Any, to be Incorporated into Final IT Plan [Action: Receive Report and Provide Direction (Murray)]
City Manager Murray introduced the item as part of the Five-Year Strategic Plan which had outlined 22 individual projects the City Council wanted staff to complete to achieve the goals of the Plan, which included an Information Technology Plan (“IT Plan”).

Kosta Paskos, CEO Precision IT Consulting, provided a PowerPoint presentation of the Draft Informational Technology Plan for Fiscal Year (FY) 2021-2026, which included an overview of the Five-Year IT Plan as part of the City Council’s adopted Five-Year Strategic Plan for 2020-2025 which identified the vision, mission and goals of the City. He highlighted the IT Plan components including IT management, IT planning and budgeting, IT infrastructure, software applications, electronic devices managed by City Departments, recent IT accomplishments and future IT projects.

Mr. Paskos explained that staff would incorporate input provided by the Council into a Final IT Plan that would be published later this fiscal year and would also conduct one more review and refresh the future projects list to ensure that the list was complete.

Responding to the Mayor Pro Tem, Mr. Paskos clarified the fiber optic upgrades and explained there was little documentation/information when he equipment had been installed 25-years ago.

The current system involved old technology and the connected speeds between sites was very slow. The intent was to gather as much information as possible to evaluate and test the system in order to prepare a plan for replacement with current and better technology.

City Manager Murray described the reactive approach to IT maintenance in the past due to fiscal constraints and the Great Recession. This effort was the first long-term planning assessment of existing infrastructure. Many of the improvements could be accomplished separate from the Capital Improvement Plan (CIP). As an example, partial fiber optic upgrades from the PinoleHercules Wastewater Treatment Plant and underneath the railroad crossing at Tennant Avenue had been done but not upgrades along Tennant Avenue itself. The City would need to repave Tennant Avenue as part of the close out of the Hercules Wastewater Treatment Plant Upgrade Project and it would be a good time to also conduct dry utilities such as the Internet. Also, the Municipal Development Consultant was looking at broadband as an economic development strategy and there were multiple efforts ongoing at the same time. The completion of the Final IT Plan would allow for cross integration with other plans underway.

City Manager Murray confirmed that cost savings as part of the IT Plan would be reflected in the budget in the future and he expected with the implementation of the City’s new phone system, as 24 of 221
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an example, it would reduce the number of phone lines affording the City significant cost savings.

There were other efficiencies as part of IT improvements that would also result in costs savings for the City. He added that existing and new staff were technology forward and there was a desire amongst staff to make better use of IT tools. Required training would be provided and the City’s service model for IT was being evaluated.

One of the recommendations from the IT Plan was to have more than one Precision Consulting person on-site with funding to come from cost recovery from all City Departments and funds. Staff was again researching potential realignment to determine the right IT service model and there may be proposed changes over the next few years.

City Manager Murray commented that if the Town Council moved forward with the Draft IT Plan, ideally all of the plans and individual components would be integrated into the City’s budget, and every year they should be able to identify what was planned for each City Department for each fiscal year and at the end of the fiscal year include a recap. The IT Division budget should identify the projects to be considered each year.

In terms of improvements to the City’s website and in response to Council member MartinezRubin, City Manager Murray advised the City website was not the responsibility of Precision IT Consulting. A total refresh of the City website had occurred in 2019, and by some standards it was modern but he expected the forthcoming Communication and Engagement Plan would include recommendations for updating the City website and any IT recommendations as part of that Plan would be part of the Final IT Plan.

City Manager Murray also explained that Electronic Traffic Control Devices would not be managed by the IT Division but managed and maintained by the County on the City’s behalf, and be outside the scope of this project in that it would actually be a CIP project. Electronic Traffic Control Devices, while not IT equipment, must be integrated by a fiber background requiring some coordination. A footnote or toehold could be included in the Draft IT Plan to reference and highlight that issue.

Council member Toms commented it would be important for authentication of VPN programs for the security of the system. Voice-over Internet phones/soft phones would be useful especially if staff continued to work off-site. She asked whether some of the items could be separated and funded through the American Rescue Plan Act (ARPA) since not all ARPA funds had been allocated, which would be a good discussion to have prior to the budget discussion. She understood some of the IT projects had a nexus to the types of projects that could be funded through ARPA.

City Manager Murray commented that some of the projects had already been funded, such as the voice-over IP phone system upgrade. The two-factor authentication was not inexpensive, with the hurdle being user adoption which was critical for security. The Finance Director would be tasked with determining what buckets could be used to fund what projects, to be sorted through the budget process.

Mr. Paskos clarified in response to Council member Tave that whomever was tasked with installing fiber optics in the City could be asked to repair or evaluate the City’s fiber network as well and there could be some cost savings to add something into the ultimate program. He was uncertain whether ARPA funds could be used for that effort and commented that ultimately the 25 of 221
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City would want to keep those networks (broadband and fiber optics) isolated and separated physically.

City Manager Murray also clarified in response to the Mayor that the new Public Works Director used his personal license to do AutoCAD work since City staff had done limited in-house design and he would leave it to the Public Works Director if other software was needed. Staff was aware of a prior City Council request for the use of Gantt Charts for Public Works Department quarterly reports, but he was uncertain whether Microsoft Suite was used by the Public Works Department.

If the software was needed, he was confident it would be requested by staff. In addition, the City Clerk’s Department used DocuSign software and requests for additional staffing would be part of the upcoming budget proposal for the next fiscal year.

Mayor Salimi suggested consideration of a better system than the use of a generator at City Hall for backup power and suggested Pinole TV should be updated since it was using old software.

City Manager Murray reiterated that staff was working on the budget for all departments with budget requests to be presented to the City Council at a future meeting.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, identified the projects anticipated for this fiscal year as outlined on page 306 of the agenda packet. He asked whether the PowerPoint presentation could be uploaded on the City website since some of the information provided had not been included in the staff report.

He asked that there be consideration of solar and battery backups for City Hall rather than a generator for backup power. He also cited the replacement of the Senior Center Alarm System as one of the IT projects, agreed it should be a high priority and was pleased it had been flagged.

The staff report also had information on updates to the City’s website and at such time as when the City commenced with updates to the website he asked that there be consideration of making it more multilingual given that a large percentage of Pinole was non-English speaking.

Mr. Menis also understood the cloud server was on a six-year cycle as compared to other servers and he asked why there was a difference and questioned whether the cloud server was redundant.

Cordell Hindler, Richmond, thanked staff for the informative presentation. He agreed the Senior Center needed a lot of work, was outdated since the 1990s, and was pleased it had been prioritized for IT upgrades. He agreed the City website should be multilingual to benefit all Pinole residents.

Tony Gutierrez, Pinole, found the City’s current fiber optic speeds were too slow. He asked whether or not there were future rollout plans for fiber by AT&T and commented when a fiber optic network was installed it included a lot of dark fiber that could be an option for the City. In the interim, he asked of the maximum speeds for the co-axial system that currently existed.

PUBLIC COMMENTS CLOSED
City Manager Murray clarified in response to the public comments that battery backups should be added as a future project such as updates that were needed for the Emergency Operations Plan (EOP). He reported that similar efforts were being made to update all facilities for energy 26 of 221
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conservation/generation/storage with an IT component and which could be added to future projects. He also informed the public there was a Google translate function on the current City website that had been reactivated as part of the Community and Engagement Plan and accessibility for people who required special accommodation to use the website still needed to be implemented. The City website required an accessibility audit related to the Americans with Disabilities Act (ADA).

Mr. Paskos added that servers typically included a five-year warranty and may be extended to six years but he would have to review the exact equipment.

City Manager Murray also clarified that AT&T’s fiber optics plans were not part of the IT services nor part of the scope of services for the IT Plan but was an economic development, capital project.

The economic development consultants had been tasked at looking at broadband as an economic municipal development tool and staff would be looking at any recommendations worth further exploration.

Sam Calicura, Virtual Chief Innovation Officer, Precision IT Consulting, clarified that any upgrades would involve multimode fiber but he did not have more detail on the fiber infrastructure at this time.

Mayor Pro Tem Murphy loved the IT Plan and thanked staff for its prioritization. He wanted to see quarterly reports on the status of the IT Plan recognizing it was a long-term plan, but it would be helpful to understand what was happening given the recognition that technology was everchanging. He suggested the IT Plan was missing a value statement in terms of understanding the approach to improve the City’s IT systems, such as simplicity, meeting people where they were, investing in solutions and building public trust in tech and data, staff trust, immersive in the sense of multifactor authentication, upgrading new email systems and why IT was important should be factored into a value statement in the IT Plan. He also suggested the idea of open source data to increase the understanding of the community’s sentiment would be important as the IT system was build out in the next five years.

Mayor Pro Tem Murphy pointed out that with the reopening of Fire Station No, 74 as a public building, it had no emerging systems of tech and he suggested that should also be discussed around the Youth and Swim Centers and engage youth and seniors in this conversation. He wanted to increase the understanding of the community sentiment with the IT Plan and build public trust in tech and in the City’s data and information. He suggested there was also a secondary part around staff and wanted to bridge the divides. Also, he wanted more information on how education and training would be incorporated into the IT Plan and suggested it would be valuable to set objectives and outcomes around that internal and external to the City. He suggested a glossary (dictionary) of information on the terms around this topic would be critical to build a simple, inclusive, equitable and open source for a data smart city. He looked forward to future discussions to see the IT Plan actualized.

Council member Martinez-Rubin commented that when the City Council reached the budget process she would be questioning why they were suggesting certain things given all of the investment they wanted to make. She was unsure what would yield involvement from the community and recognized that a lack of interest from the community may mean there was a lack of means to participate for whatever reason. She was uncertain how open source data would work, and how open source data would work with the public and future City operations. 27 of 221
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Council member Toms suggested the IT Plan would implement improvements to make staff be more efficient, employ the best use of time, be able to answer phones while working remotely and improve security of the City’s systems. She suggested the IT Plan would accomplish that and while some of the items should be implemented in a more compressed time period, if the use of ARPA funds would help to achieve that it would be something to consider through the budget process. If the use of ARPA funds was possible in the next few fiscal years, the City may be able to accelerate the implementation of those items. She was prepared to approve the Draft IT Plan.

Council member Tave agreed it was time to move forward with the Draft IT Plan. He recognized that any deferred maintenance impacted the public. He concurred with Council member Toms that the efforts to proceed with IT improvements should be accelerated as much as possible.

Mayor Salimi thanked everyone for the report and presentation. He supported moving forward to accept the IT Plan and he clarified with the Assistant City Attorney that no action was requested other than for the City Council to receive the report.

13. CITIZENS TO BE HEARD (Continued from Item 6) (Public Comments) Only open to members of the public who did not speak under the first Citizens to be Heard, Agenda Item 6.

Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker.

Cordell Hindler, Richmond, expressed concern with the length of City Council meetings and referenced the Richmond City Council Procedures which included time constraints for each agenda item which he suggested the Pinole City Council consider. He also commented that a prior meeting agenda included a Consent Calendar item related to management pay, and he urged consideration of a Class and Compensation Study to be part of the budget discussions. In addition, he had been unable to thank former Assistant City Manager Hector De La Rosa for all of his hard work in a position that was very important. He otherwise suggested if the public was limited to three minutes for public comment, the City Council should follow the same rules when speaking on agenda items.

Tony Vossbrink, Pinole, expressed disappointment the City Council had not discussed a recent shooting incident at Pinole Valley Lanes parking lot. He also referenced other criminal incidents in the community which the City Council should address as a public health and safety issue. He suggested the bowling alley had been targeted for criminal activities and expressed concern that crime was increasing in Pinole. He recommended more security cameras on the freeway exits/on-ramps and in local shopping centers to improve security in the community.

Mayor Salimi stated that Pinole was a safe community and the incident on March 27, 2022 was not a reflection of the City of Pinole but the society in which we all lived. The City Council had been made aware of the March 27 incident, he had subsequently met with the City Manager, Police Chief and the victim of the incident, and the investigation was ongoing. He was confident that those responsible would be apprehended.
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Mayor Salimi added that the City Council was aware of the time limitations and did its best during City Council meetings; a pay study for management and non-management personnel had been prepared in 2021; and there would be an Assistant to the City Manager soon.

Tony Gutierrez, Pinole, explained that he and his family had been rooted in Pinole since 1982.

He recognized changes had occurred in the community as they had in other communities in the Bay Area.

14. ADJOURNMENT to the Regular City Council Meeting of April 19, 2022 in Remembrance of Amber Swartz.

At 9:18 p.m., Mayor Salimi adjourned the meeting to the Special City Council Meeting of April 19, 2022 in Remembrance of Amber Swartz.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT 9C
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR

SUBJECT: APPROVE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT

FOR THE CITY CLERK

RECOMMENDATION
It is recommended that the Pinole City Council approve an amendment to provide a three (3) year term extension, five percent (5%) merit increase, five percent (5%) market equity adjustment, and other benefit enhancements to the employment agreement for Heather Bell as City Clerk.

BACKGROUND
In March 2019, the City Council appointed Ms. Bell to the position of City Clerk. On March 6, 2019, Ms. Bell and Mayor Murray signed a four-year term employment agreement through March 5, 2023. Ms. Bell commenced her duties as City Clerk on March 6, 2019.

On March 15, 2022, the City Council met with Ms. Bell in closed session to conduct an annual evaluation of her work performance.

On April 5, 2022, the City Council met in closed session to negotiate the terms of Ms.

Bell’s employment agreement and provided direction to the Human Resource Director to prepare an amendment to Ms. Bell’s employment agreement to provide an extension to the term of the agreement through March 2026, five percent (5%) merit increase, five percent (5%) market equity adjustment, and other benefit enhancements.

REVIEW & ANALYSIS
The City of Pinole Municipal Code (PMC), Title II, Administration and Personnel, Chapter 2.05, Office of the City Clerk, Section 2.05.010, Office Created, provides the 40 of 221
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City Council with the authority to establish the office of the City Clerk and appoint a City Clerk on the basis of their administrative and executive abilities and qualifications and hold office for and during the pleasure of the City Council (City of Pinole Ordinance No. Ord. 2004-13, Section 1, 2004).

In accordance with PMC, Title II, Chapter 2.05, Section 2.04.030, Compensation and Review, no less frequently than once each year, the City Council shall meet to conduct a review and evaluation of the City Clerk and the City Clerk shall receive such compensation as the City Council shall from time to time determine, as reflected in an employment agreement between the City Clerk and the City.

The City Clerk’s employment agreement was made and entered into by and between the City Council and Ms. Bell on March 6, 2019. The City Council and Ms. Bell had previously entered into subsequent employment agreement amendments to provide cost of living adjustments and merit increases.

In October 2021, the City contracted with a human resource consulting firm to conduct a Citywide total compensation study. The outcome of the study identified the City Clerk’s compensation to be approximately 30% below the market’s median rate of pay.

At this time, the City Council desires to extend the term of Ms. Bell’s employment agreement for three (3) years through March 2026, provide a five percent (5%) merit increase, five percent (5%) market equity adjustment, and other benefit enhancements as codified in Exhibit A of the Resolution attached to this City Council Report.

FISCAL IMPACT
If approved, the employment agreement amendment will result in increased payroll and benefit cost of $26,286 during Fiscal Year 2021/2022, which will be absorbed into the department’s current allocated budget.

ATTACHMENT(S):

ATTACHMENT A: Resolution to Authorize an Amendment of the Employment Agreement for the City Clerk
EXHIBIT A: Amendment #1-2022 to the Agreement for
Employment of Heather Bell
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ATTACHMENT A
RESOLUTION NO. 2022-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN AMENDMENT TO

EXTEND THE TERM OF THE EMPLOYMENT AGREEMENT FOR THE CITY CLERK WHEREAS, the City Council and Heather Bell entered into an Employment Agreement (“Agreement”) for the position of City Clerk on March 6, 2019; and WHEREAS, Ms. Bell commenced her duties as City Clerk on March 6, 2019; and WHEREAS, the term of the Agreement was for four (4) years; and WHEREAS, on March 15, 2022, the City Council met with Ms. Bell in closed session to conduct an evaluation of her performance; and WHEREAS, on April 5, 2022, the City Council met in closed session and provided direction to the Human Resources Director to prepare an amendment to the Agreement to extend the term of Ms. Bell’s Agreement for an addition three (3) years, provide a five percent (5%) merit increase, five percent (5%) market equity adjustment, and other benefit enhancements as codified in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve an amendment to extend the term of the Agreement hereunto attached as Exhibit A and authorize the Mayor to execute the said amendment.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th day of April 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 19th day of April 2022.

___________________
Heather Bell, CMC
City Clerk
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EXHIBIT A

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AMENDMENT #1-2022 TO THE AGREEMENT FOR EMPLOYMENT OF

HEATHER BELL
This Amendment #1-2022 to the Agreement for the Employment of Heather Bell (the “Amendment”) is made and entered into as of _____________, 2022 by and between the City of Pinole (the “City"), a California general law city, and Heather Bell, an individual ("BELL" or "Employee").

RECITALS
WHEREAS, the City and Employee previously entered into that certain Agreement for the Employment of Heather Bell effective as of March 6, 2019 (the “Agreement”); and
WHEREAS, the City and Employee have previously entered into multiple amendments to the Agreement; and
WHEREAS, the City Council performed an evaluation of Employee on March 15, 2022 and thereafter began negotiating changes to the Agreement.

WHEREAS, the City Council desires to extend the term of the Agreement for an additional three (3) years, and to provide employee with five percent (5%) merit increase, five (5%) market equity adjustment, and other benefit enhancements; and WHEREAS, the City and Employee now wish to amend the Agreement as specified herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and BELL agree as follows:

1. Term of Agreement. Section 2, Term of Agreement, of the Agreement is hereby amended in its entirety to read as follows:
“2. Term of Agreement
This Agreement will become effective on the March 6, 2019, and will continue until March 5, 2026. The parties to this Agreement may terminate this Agreement pursuant to the provisions of paragraph 5.”

2. Compensation. Section 6(a), Compensation, of the Agreement is hereby amended in its entirety to read as follows:
“a. BELL shall be paid an annual base salary of $152,398.1888 or $12,699.8491 per month, less all applicable federal, state and local withholding. BELL shall be considered for a merit increase annually in conjunction with the completion of her performance evaluation, as outlined in paragraph 11. Merit increases shall subject to the City’s ability to pay for a salary adjustment.”
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3. Benefits. Exhibit A of the Agreement, regarding benefits, is amended to include the terms set forth below. In the event there is a conflict between the terms set forth below and the terms set forth in Exhibit A of the Agreement, the terms below shall control.
• Health, Vision, Dental, Retirement Benefits
BELL shall receive the same health, vision, dental, retirement, life insurance ($40,000), long-term disability, Section 125 flexible health spending account, including CalPERS that are provided to Management and Confidential City employees.
• Auto and Cell Phone Allowances
BELL shall receive the amount of $300 monthly as a car allowance and $65 monthly as a cell phone allowance, less all applicable federal, state, and local withholdings.
• Incentive Benefits
BELL shall receive the same educational degree and bilingual incentive pay benefits that are provided to Management and Confidential City employees. • Holidays
BELL shall receive the following legal paid holidays:

January 1 New Year’s Day
Third Monday in January Martin Luther King Jr.’s Birthday Third Monday in February Washington’s Birthday
Last Friday in March Cesar Chavez Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans’ Day
Fourth Thursday in November Thanksgiving
Fourth Friday in November Day after Thanksgiving
December 25 Christmas

4. Last Name. All references in the Agreement to “Iopu” are hereby changed to “Bell”.

5. Effective Date. This Amendment shall be effective the pay period commencing March 14, 2022.

6. Effect. Except as expressly provided for herein, all other terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. 44 of 221

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EMPLOYEE
Heather Bell
DATED: April ____, 2022
CITY
Vincent Salimi, Mayor
DATED:

ATTEST: APPROVED AS TO FORM:

Stacy R. Shell Eric S. Casher
Human Resources Director City Attorney
5091009.1
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CITY COUNCIL
REPORT 9D
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR

SUBJECT: AUTHORIZE THE CITY MANAGER TO IMPLEMENT A

RECRUITMENT INCENTIVE PROGRAM

RECOMMENDATION
City staff recommends that the City Council adopt a resolution to authorize the City Manager to implement a Recruitment Incentive Program.

BACKGROUND
The City’s Human Resources Department aspires to attract, hire, and retain the bestqualified and skilled employees, who contribute to the sustainability of the City as a quality organization. Human Resources wishes for the City to gain a competitive advantage by establishing a Recruitment Incentive Program that will authorize the City Manager to utilize specified recruitment tools to attract and retain qualified job candidates for key positions.

As part of the hiring process, the City’s Human Resources Department and designated managers extend employment offers in which candidates can be paid at any step within the salary range in accordance with Personnel Rule No. 12, Compensation.

Under the City’s current procedures, few other aspects of a new employee’s compensation and benefits can be negotiated between the City and employee. In order to expand the City’s scope of negotiating job offers, the Recruitment Incentive Program has been proposed to assist hiring departments with filling critical positions.

The City’s Recruitment Incentive Program would allow the City Manager to approve incentives such as one-time signing bonuses, employee referral bonuses, relocation assistance, and higher/additional initial vacation and sick leave accruals.

The draft Recruitment Incentive Program Administrative Policy (the “Policy”) identifies operational procedures to maintain consistency in the execution and checks and balances of the Program, such as City Manager designation of authority to review and approve/deny any incentive, categories of employees eligible for referral incentives, documentation requirements for determining that a vacancy is difficult to fill, payment methods that may be utilized, and service agreement stipulations. 46 of 221
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The Policy also includes financial limitations and payout restrictions on the recruitment incentives of relocation assistance benefits and signing and referral bonuses. Such limitations and restrictions include the amount of the payout, completion of partial or full probationary period, no payout of vacation/sick leave pre-accruals upon termination, and current Federal and State tax regulations and applicable taxes.

The planning and approval process for incentives is a collective collaboration between the hiring department, Human Resources Department, Finance Department, and City Manager. When a hiring department determines high difficulty in securing qualified candidates for a vacancy, they will create a recruitment incentive plan with the Human Resources Department that will require approval from the City Manager to authorize one or more recruitment incentives to be offered. The hiring departments are responsible to ensure that funds are available to expend for the incentive(s). The Human Resources Department and hiring department will determine what type of incentive(s) to use, what is the percentage figure to use for certain incentives, and coordinate their recruitment efforts. The Finance Department will verify that the hiring department has funding for the proposed incentive, identify funds as non-reportable or reportable income, coordinate reimbursement of payment(s), and research and apply current Federal and State tax laws for proper accounting method. The Human Resources Department will ensure compliance of all parties involved in the Recruitment Incentive Plan.

REVIEW & ANALYSIS
The current labor market for public sector jobs is becoming more competitive, especially when approximately thirty percent (30%) of the public sector workforce is currently eligible to retire and unemployment rates hover around five percent (5%) in the State of California. The gap between available jobs and the number of qualified applicants is growing. A recruitment incentive program will allow the City to pay an incentive to a newly appointed employee if the City has determined that the position is difficult to fill with normal starting salary and benefits alone.

There are four (4) major components that can lead to difficulty in recruiting qualified job candidates. Those components are the labor market conditions, job competencies, critical need, and lack of success of the recruitment. 1) Labor market conditions: The location, comparative salaries, and the local economy in the area can play a role in attracting candidates to our job openings. 2) Job competencies: Skills, knowledge, abilities, and other special characteristics can make if it difficult to recruit for certain positions based on number of qualified candidates in the field.
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3) Critical need: Positions that are related to public safety or health affiliated and if not filled in ample time can create major interruptions in service for the public.
4) Recruitment success (or lack of): The quality of the recruitment can be dictated by acceptance rates and the length of time it takes to fill a position.

One or more components can be used to provide a valid business reason for the need of an incentive to increase the success of the recruitment and selection process.

The City wishes to make available more flexibility with future recruitments and job offer negotiations especially in a tight labor market. The City Council is asked to adopt a resolution to authorize the implementation of the proposed Recruitment Incentive Program to mitigate interruption in services for designated job classifications.

FISCAL IMPACT
The fiscal impact will vary by the individual hired based upon the job market conditions for that position. The anticipated costs range from one thousand dollars ($1,000) to as high as twenty percent (20%) of the candidate’s offered annual salary. These costs are absorbed within the hiring departments’ authorized budget; no appropriation is requested since incentives will be used on a case-by-case basis.

ATTACHMENT(S):

A. Resolution
Exhibit A – Draft Recruitment Incentive Program Administrative Policy 48 of 221

ATTACHMENT A
RESOLUTION NO. 2022-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF

CONTRA COSTA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER

TO IMPLEMENT A RECRUITMENT INCENTIVE PROGRAM
WHEREAS, the City has experienced some difficulty in filling key job positions and proposes a recruitment incentive program to attract and retain quality employees in critical and specialized positions; and
WHEREAS, an analysis recommends expanding the City Manager’s authority for new hire negotiations to approve various recruitment incentives.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby resolve the establishment of the Recruitment Incentive Program hereunto as attached as Exhibit A and authorize the City Manager to implement the said program.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th day of April 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I, hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 19th day of April 2022.

_______________
Heather Bell, CMC
City Clerk
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I. Purpose
The City’s Recruitment Incentive Program provides the City Manager with additional tools to attract highly qualified candidates for critical vacancies. This policy authorizes the City Manager to approve the use of certain recruitment incentives when the organizational need exists. The recruitment incentive options include a signing bonus, employee referral bonus, relocation benefits, and vacation and sick leave accruals.

II. Background
Human Resources has determined that there are four major challenges that can lead to difficulty in recruiting qualified job candidates for critical vacancies. Those challenges are the labor market conditions, job competencies, critical need, and lack of success of the recruitment.

A. Labor market conditions: the location, comparative salaries, and the local economy in the area can play a role in attracting candidates to our job openings.

B. Job competencies: skills, knowledge, abilities, and other special characteristics can make it difficult to recruit for certain positions based on number of qualified candidates in the field.

C. Critical need: positions that are related to public safety or health affiliated, and if not filled in ample time, can cause major interruption in services for the public.

D. Recruitment success (or lack of): the quality of the recruitment can be dictated by acceptance rates and the length of time it takes to fill a position.

One or more of these challenges can be used to provide a valid business reason for the need of an incentive to increase the quality of the recruitment and selection process. A recruitment incentive program allows the City an opportunity to secure highly qualified employees for positions that the City has determined to be difficult to fill with starting salary and benefits alone.

III. Policy
The City intends to provide responsive, cost effective, and innovative local government services. A highly qualified, performance oriented, and motivated work force which generally reflects the community in terms of economic and cultural diversity is critical. The

EXHIBIT A
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achievement of this objective may, on occasion, require special action to attract and retain highly desirable candidates for permanent positions.

IV. Incentives
From time to time, the labor market for certain critical positions within the City is extremely tight and the demand for individuals with the requisite skills is very high. Upon recommendation of the appointing authority and concurrence of the Human Resources Department that such conditions exist with respect to a particular recruitment (which in special situations might include hard to fill vacancies), the City Manager may approve one or more of the following recruitment incentives subject to the limitations specified in Section IV, G.

A. Signing Bonus. A one-time signing bonus equal to a percentage of the offered starting annual salary shall be paid upon satisfactory completion of service as follows: fifty-percent (50%) of the bonus shall be paid upon satisfactory completion of six (6) months of continuous service or satisfactory completion of the field training program for sworn police personnel and the balance paid upon successful completion of at least 12 months of continuous service or 18 months of continuous service for sworn police personnel. In no event, will the second installment of the signing bonus be paid unless or until the required probation period has been satisfactorily completed. This signing bonus shall be in addition and unrelated to any merit pay adjustments.

B. Relocation Assistance. Reimbursement for relocation expenses shall be limited to one or any combination of the following: home-finding trips, home search assistance, up to thirty days of temporary living accommodations, en-route expenses, and household goods shipping expenses. Reimbursement for nonqualifying expenses as defined in the Internal Revenue Code will be reported as taxable income. Candidates who have been reimbursed for relocation expenses and who voluntarily terminate their service with the City within the first year of employment shall repay the City for a pro-rata portion of the total reimbursement based on the number of months employed.

C. Vacation and Sick Leave Pre-Accruals. A vacation and/or sick leave bank equal to the first year's accrual shall be credited against the first year's accrual, but not in addition to that accrual. No additional leave shall be added to the vacation and/or sick leave accruals until following the first year of employment. In the event of a termination during the first year of employment, the employee will be eligible to receive only that portion of the unused vacation that would otherwise have been accrued as of the date of termination. No portion of the sick leave accrual is payable upon termination.
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D. Vacation Leave Accrual Rate. Upon hire, prior years of continuous public sector service shall be considered for vacation leave rate accrual.

E. Referral Bonus. A referral bonus in the amount of one thousand dollars ($1,000) shall be paid to a current City employee who refers an applicant for employment. The person referred must identify the City employee responsible for the referral on the official City employment application at the time of filing. A name cannot be added to an employment application at a later date. Only one employee per applicants may receive this incentive. If the applicant is selected for employment by the City, the bonus shall be paid to the employee upon successful completion of the referred employee’s probation period. The bonus will only be paid to those employees who are in active status on the date the employee successfully completes probation and only upon certification by the Department Head and Human Resources Department as to the authenticity of the personal referral. Employees who are involved in the recruitment and/or selection process as part of their assigned duties are not eligible for the referral bonus to safeguard against conflicts of interest.

F. Income Tax Considerations. The taxability of any recruitment incentive shall be based on current state and federal tax regulations and applicable taxes shall be borne by the incentive recipient.

G. Limitations

1. Relocation assistance benefits shall be offered within the first year of employment only to those candidates whose move would meet or exceed the Moving Expenses distance test specified in the Internal Revenue Code.

2. The total cost of the signing bonus and relocation assistance benefits shall not exceed 20% of the offered starting salary.

3. Neither the signing bonus, referral bonus, nor the taxable portion of any relocation assistance benefit will be treated as reportable income for the purposes of any City provided benefit program including retirement. 52 of 221
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4. The new employee must sign a written service agreement to complete the specified period of employment with the City in order to receive a recruitment incentive. The service agreement must specify the length, commencement, and termination dates of the service period; the amount of the incentive; the method and timing of incentive payments if applicable; the conditions under which an agreement will be terminated by the agency; any obligations on behalf of the City or the employee if a service agreement is terminated; and any other terms and conditions.

V. Roles and Responsibilities
A. City Manager. Is delegated by the City Council to approve and authorize the use of employment incentives in an effort to attract and retain performance oriented, motivated, quality employees for key positions. The City Manager establishes, administers, and provides policy direction by:

1. Assigning the Human Resources Department the primary staff responsibility for administering the details of this Recruitment Incentive Program.

2. Ensuring that all appointing authorities are aware of their responsibilities to use discretion when recommending the use of recruitment incentives and to ensure department funds are available and expendable.

B. Department Heads. Department Heads shall be responsible for:

1. Ensuring department resources are available to fund recruitment incentives cost.

2. Coordinating with the Human Resources Department in identifying the need for a recruitment incentive, determining which components would be most appropriate in the individual case, and determining how the recruitment incentives will be applied.

3. Proposing to the City Manager through the Human Resources Department a percentage figure of the position’s first year’s salary to be used for recruitment incentives and the recommended incentive components.
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C. Human Resources Department. The Human Resources Department is responsible for assuring compliance with the Recruitment Incentive Program. In this role, the Human Resources Department will recommend and/or confirm those positions considered to be key positions and coordinate with the appointing authority in determining the proper amount of recruitment incentives to be offered.

Specifically, the Human Resources Department shall be responsible for:

1. Coordinating with the hiring department to evaluate a request to use recruitment incentives and provide a recommendation to the City Manager.

2. Identifying key positions in which the labor market demand has created a need to use recruitment incentives as a means of attracting and hiring qualified candidates.

3. Determining how to apply the recruitment incentives to the recruitment of the vacant position.

4. Coordinating with the hiring department for reimbursement authorization.

5. Upon City Manager approval, providing the Finance Department with authorization documentation, including receipts and procedures to ensure employees are compensated according to this program.

D. Finance Department. The Finance Department will be responsible for identifying funds used for reimbursement as taxable income and for the accounting and distribution of these funds. Specifically, the Finance Department shall be responsible for:

1. Retaining payment voucher and receipts from employee for reimbursement and coordinating payment.
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CITY COUNCIL
REPORT
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL 1944

RECOMMENDATION
Staff recommends that City Council approve a letter of support for Assembly Bill 1944 which would update sections of the Ralph M. Brown Act (“Brown Act”) related to noticing requirements.

INTRODUCTION
The City Council directed staff to prepare a future agenda item for discussion and consideration of a letter of support for Assembly Bill (“AB”) 1944.

The Ralph M. Brown Act (the “Act”) requires that all meetings of a legislative body of a local agency be open and public and that all persons be permitted to attend and participate. The Act also provides that meetings may occur via teleconferencing, subject to requirements, including: (i) that the legislative body notice each teleconference location of each member that will be participating in the public meeting; (ii) that each teleconference location be accessible to the public; (iii) that members of the public be allowed to address the legislative body at each teleconferencing location; (iv) that the legislative body post an agenda at each teleconference location; and (v) that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction.

As a result of the COVID-19 pandemic, Governor Newsom issued several Executive Orders relaxing the teleconferencing requirements under the Brown Act. In September, 2021 Governor Newsom signed Assembly Bill 361 into law which amended section 54953 of the Government Code and relaxed Brown Act teleconferencing restrictions allowing for public agencies to meet via videoconference and without the noticing requirements related to the physical location of attendees. AB 1944 would formally amend the Brown Act to relax the physical location noticing requirements.

ANALYSIS
AB 1944 was drafted to protect the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of public business.
9E
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Like AB 361, AB 1944 further amends Government Code 54953to provide that if a member of a local legislative body elects to teleconference from a location that is not public, the address of that location need not be identified in the notice and agenda, or be accessible to the public. AB 1944 would also require the local body that elects to use teleconferencing to provide: (i) a video stream, as defined, accessible to members of the public; and (ii) an option for members of the public to address the body remotely during the public comment period through an audio-visual or call-in option. A copy of the AB 1944 is included as Attachment A.

At present, the League of California Cities has yet to take a formal position on AB 1944.

On April 5, 2022, the City Council directed staff to prepare a draft letter of support for the Council’s consideration and approval. If approved, the letter will be sent to Assemblymember Buffy Wicks and Senator Nancy Skinner.

Recommendations
Staff recommends that Council approve a letter in support of AB 1944.

FISCAL IMPACT
None.

ATTACHMENTS
A - Assembly Bill 1944
B – Letter of Support
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 1944
Introduced by Assembly Members Lee and Cristina Garcia
February 10, 2022
An act to amend Section 54953 of the Government Code, relating to public meetings.
legislative counsel’s digest
AB 1944, as introduced, Lee. Local government: open and public meetings.

Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined.

Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a 99 ATTACHMENT A
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declared state of emergency is in effect, or in other situations related to public health.

This bill would specify that if a member of a legislative body elects to teleconference from a location that is not public, the address does not need to be identified in the notice and agenda or be accessible to the public when the legislative body has elected to allow members to participate via teleconferencing.

This bill would require all open and public meetings of a legislative body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for members of the public to address the body remotely during the public comment period through an audio-visual or call-in option.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 54953 of the Government Code, as line 2 amended by Section 3 of Chapter 165 of the Statutes of 2021, is line 3 amended to read:
line 4 54953. (a)  All meetings of the legislative body of a local line 5 agency shall be open and public, and all persons shall be permitted line 6 to attend any meeting of the legislative body of a local agency, line 7 except as otherwise provided in this chapter.
line 8 (b)  (1)  Notwithstanding any other provision of law, the line 9 legislative body of a local agency may use teleconferencing for line 10 the benefit of the public and the legislative body of a local agency 99 AB 1944 — 2 —
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line 1 in connection with any meeting or proceeding authorized by law. line 2 The teleconferenced meeting or proceeding shall comply with all line 3 otherwise applicable requirements of this chapter and all otherwise line 4 applicable provisions of law relating to a specific type of meeting line 5 or proceeding.
line 6 (2)  Teleconferencing, as authorized by this section, may be used line 7 for all purposes in connection with any meeting within the subject line 8 matter jurisdiction of the legislative body. All votes taken during line 9 a teleconferenced meeting shall be by rollcall.
line 10 (3)  If the legislative body of a local agency elects to use line 11 teleconferencing, it shall post agendas at all teleconference line 12 locations and conduct teleconference meetings in a manner that line 13 protects the statutory and constitutional rights of the parties or the line 14 public appearing before the legislative body of a local agency. line 15 Each teleconference location shall be identified in the notice and line 16 agenda of the meeting or proceeding, and each teleconference line 17 location shall be accessible to the public. public, except as provided line 18 in subparagraph (A). During the teleconference, at least a quorum line 19 of the members of the legislative body shall participate from line 20 locations within the boundaries of the territory over which the line 21 local agency exercises jurisdiction, except as provided in line 22 subdivisions (d) and (e). The agenda shall provide an opportunity line 23 for members of the public to address the legislative body directly line 24 pursuant to Section 54954.3 at each teleconference location. line 25 location, except as provided in subparagraph (A). line 26 (A)  If a member of a legislative body elects to teleconference line 27 from a location that is not public, the address does not need to be line 28 identified in the notice and agenda or be accessible to the public line 29 when the legislative body has elected to allow members to line 30 participate via teleconferencing.
line 31 (B)  If a legislative body elects to use teleconferencing, they shall line 32 provide both of the following:
line 33 (i)  A video stream accessible to members of the public. line 34 (ii)  An option for members of the public to address the body line 35 remotely during the public comment period through an audio-visual line 36 or call-in option.
line 37 (4)  For the purposes of this section, “teleconference” means a line 38 meeting of a legislative body, the members of which are in different line 39 locations, connected by electronic means, through either audio or 99 — 3 — AB 1944
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line 1 video, or both. Nothing in this section shall prohibit a local agency line 2 from providing the public with additional teleconference locations. line 3 (5)  For the purposes of this section, “video streaming” means line 4 media in which the data from a live filming or a video file is line 5 continuously delivered via the internet to a remote user, allowing line 6 a video to be viewed online by the public without being downloaded line 7 on a host computer or device.
line 8 (c)  (1)  No legislative body shall take action by secret ballot, line 9 whether preliminary or final.
line 10 (2)  The legislative body of a local agency shall publicly report line 11 any action taken and the vote or abstention on that action of each line 12 member present for the action.
line 13 (3)  Prior to taking final action, the legislative body shall orally line 14 report a summary of a recommendation for a final action on the line 15 salaries, salary schedules, or compensation paid in the form of line 16 fringe benefits of a local agency executive, as defined in line 17 subdivision (d) of Section 3511.1, during the open meeting in line 18 which the final action is to be taken. This paragraph shall not affect line 19 the public’s right under the California Public Records Act (Chapter line 20 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 21 inspect or copy records created or received in the process of line 22 developing the recommendation.
line 23 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 24 paragraph (3) of subdivision (b), if a health authority conducts a line 25 teleconference meeting, members who are outside the jurisdiction line 26 of the authority may be counted toward the establishment of a line 27 quorum when participating in the teleconference if at least 50 line 28 percent of the number of members that would establish a quorum line 29 are present within the boundaries of the territory over which the line 30 authority exercises jurisdiction, and the health authority provides line 31 a teleconference number, and associated access codes, if any, that line 32 allows any person to call in to participate in the meeting and the line 33 number and access codes are identified in the notice and agenda line 34 of the meeting.
line 35 (2)  Nothing in this subdivision shall be construed as line 36 discouraging health authority members from regularly meeting at line 37 a common physical site within the jurisdiction of the authority or line 38 from using teleconference locations within or near the jurisdiction line 39 of the authority. A teleconference meeting for which a quorum is 99 AB 1944 — 4 —
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line 1 established pursuant to this subdivision shall be subject to all other line 2 requirements of this section.
line 3 (3)  For purposes of this subdivision, a health authority means line 4 any entity created pursuant to Sections 14018.7, 14087.31, line 5 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 6 and Institutions Code, any joint powers authority created pursuant line 7 to Article 1 (commencing with Section 6500) of Chapter 5 of line 8 Division 7 for the purpose of contracting pursuant to Section line 9 14087.3 of the Welfare and Institutions Code, and any advisory line 10 committee to a county-sponsored health plan licensed pursuant to line 11 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 12 Health and Safety Code if the advisory committee has 12 or more line 13 members.
line 14 (e)  (1)  A local agency may use teleconferencing without line 15 complying with the requirements of paragraph (3) of subdivision line 16 (b) if the legislative body complies with the requirements of line 17 paragraph (2) of this subdivision in any of the following line 18 circumstances:
line 19 (A)  The legislative body holds a meeting during a proclaimed line 20 state of emergency, and state or local officials have imposed or line 21 recommended measures to promote social distancing. line 22 (B)  The legislative body holds a meeting during a proclaimed line 23 state of emergency for the purpose of determining, by majority line 24 vote, whether as a result of the emergency, meeting in person line 25 would present imminent risks to the health or safety of attendees. line 26 (C)  The legislative body holds a meeting during a proclaimed line 27 state of emergency and has determined, by majority vote, pursuant line 28 to subparagraph (B), that, as a result of the emergency, meeting line 29 in person would present imminent risks to the health or safety of line 30 attendees.
line 31 (2)  A legislative body that holds a meeting pursuant to this line 32 subdivision shall do all of the following:
line 33 (A)  The legislative body shall give notice of the meeting and line 34 post agendas as otherwise required by this chapter. line 35 (B)  The legislative body shall allow members of the public to line 36 access the meeting and the agenda shall provide an opportunity line 37 for members of the public to address the legislative body directly line 38 pursuant to Section 54954.3. In each instance in which notice of line 39 the time of the teleconferenced meeting is otherwise given or the line 40 agenda for the meeting is otherwise posted, the legislative body 99 — 5 — AB 1944
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line 1 shall also give notice of the means by which members of the public line 2 may access the meeting and offer public comment. The agenda line 3 shall identify and include an opportunity for all persons to attend line 4 via a call-in option or an internet-based service option. This line 5 subparagraph shall not be construed to require the legislative body line 6 to provide a physical location from which the public may attend line 7 or comment.
line 8 (C)  The legislative body shall conduct teleconference meetings line 9 in a manner that protects the statutory and constitutional rights of line 10 the parties and the public appearing before the legislative body of line 11 a local agency.
line 12 (D)  In the event of a disruption which prevents the public agency line 13 from broadcasting the meeting to members of the public using the line 14 call-in option or internet-based service option, or in the event of line 15 a disruption within the local agency’s control which prevents line 16 members of the public from offering public comments using the line 17 call-in option or internet-based service option, the body shall take line 18 no further action on items appearing on the meeting agenda until line 19 public access to the meeting via the call-in option or internet-based line 20 service option is restored. Actions taken on agenda items during line 21 a disruption which prevents the public agency from broadcasting line 22 the meeting may be challenged pursuant to Section 54960.1. line 23 (E)  The legislative body shall not require public comments to line 24 be submitted in advance of the meeting and must provide an line 25 opportunity for the public to address the legislative body and offer line 26 comment in real time. This subparagraph shall not be construed line 27 to require the legislative body to provide a physical location from line 28 which the public may attend or comment.
line 29 (F)  Notwithstanding Section 54953.3, an individual desiring to line 30 provide public comment through the use of an internet website, or line 31 other online platform, not under the control of the local legislative line 32 body, that requires registration to log in to a teleconference may line 33 be required to register as required by the third-party internet line 34 website or online platform to participate.
line 35 (G)  (i)  A legislative body that provides a timed public comment line 36 period for each agenda item shall not close the public comment line 37 period for the agenda item, or the opportunity to register, pursuant line 38 to subparagraph (F), to provide public comment until that timed line 39 public comment period has elapsed.
99 AB 1944 — 6 —
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line 1 (ii)  A legislative body that does not provide a timed public line 2 comment period, but takes public comment separately on each line 3 agenda item, shall allow a reasonable amount of time per agenda line 4 item to allow public members the opportunity to provide public line 5 comment, including time for members of the public to register line 6 pursuant to subparagraph (F), or otherwise be recognized for the line 7 purpose of providing public comment.
line 8 (iii)  A legislative body that provides a timed general public line 9 comment period that does not correspond to a specific agenda item line 10 shall not close the public comment period or the opportunity to line 11 register, pursuant to subparagraph (F), until the timed general line 12 public comment period has elapsed.
line 13 (3)  If a state of emergency remains active, or state or local line 14 officials have imposed or recommended measures to promote line 15 social distancing, in order to continue to teleconference without line 16 compliance with paragraph (3) of subdivision (b), the legislative line 17 body shall, not later than 30 days after teleconferencing for the line 18 first time pursuant to subparagraph (A), (B), or (C) of paragraph line 19 (1), and every 30 days thereafter, make the following findings by line 20 majority vote:
line 21 (A)  The legislative body has reconsidered the circumstances of line 22 the state of emergency.
line 23 (B)  Any of the following circumstances exist:
line 24 (i)  The state of emergency continues to directly impact the line 25 ability of the members to meet safely in person. line 26 (ii)  State or local officials continue to impose or recommend line 27 measures to promote social distancing.
line 28 (4)  For the purposes of this subdivision, “state of emergency” line 29 means a state of emergency proclaimed pursuant to Section 8625 line 30 of the California Emergency Services Act (Article 1 (commencing line 31 with Section 8550) of Chapter 7 of Division 1 of Title 2). line 32 (f)  This section shall remain in effect only until January 1, 2024, line 33 and as of that date is repealed.
line 34 SEC. 2. Section 54953 of the Government Code, as added by line 35 Section 4 of Chapter 165 of the Statutes of 2021, is amended to line 36 read:
line 37 54953. (a)  All meetings of the legislative body of a local line 38 agency shall be open and public, and all persons shall be permitted line 39 to attend any meeting of the legislative body of a local agency, line 40 except as otherwise provided in this chapter.
99 — 7 — AB 1944
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line 1 (b)  (1)  Notwithstanding any other provision of law, the line 2 legislative body of a local agency may use teleconferencing for line 3 the benefit of the public and the legislative body of a local agency line 4 in connection with any meeting or proceeding authorized by law. line 5 The teleconferenced meeting or proceeding shall comply with all line 6 requirements of this chapter and all otherwise applicable provisions line 7 of law relating to a specific type of meeting or proceeding. line 8 (2)  Teleconferencing, as authorized by this section, may be used line 9 for all purposes in connection with any meeting within the subject line 10 matter jurisdiction of the legislative body. All votes taken during line 11 a teleconferenced meeting shall be by rollcall. line 12 (3)  If the legislative body of a local agency elects to use line 13 teleconferencing, it shall post agendas at all teleconference line 14 locations and conduct teleconference meetings in a manner that line 15 protects the statutory and constitutional rights of the parties or the line 16 public appearing before the legislative body of a local agency. line 17 Each teleconference location shall be identified in the notice and line 18 agenda of the meeting or proceeding, and each teleconference line 19 location shall be accessible to the public. public, except as provided line 20 in subparagraph (A). During the teleconference, at least a quorum line 21 of the members of the legislative body shall participate from line 22 locations within the boundaries of the territory over which the line 23 local agency exercises jurisdiction, except as provided in line 24 subdivision (d). The agenda shall provide an opportunity for line 25 members of the public to address the legislative body directly line 26 pursuant to Section 54954.3 at each teleconference location. line 27 location, except as provided in subparagraph (A). line 28 (A)  If a member of a legislative body elects to teleconference line 29 from a location that is not public, the address does not need to be line 30 identified in the notice and agenda, or be accessible to the public line 31 when the legislative body has elected to allow members to line 32 participate via teleconferencing.
line 33 (B)  If a legislative body elects to use teleconferencing, they shall line 34 provide both of the following:
line 35 (i)  A video stream accessible to members of the public. line 36 (ii)  An option for members of the public to address the body line 37 remotely during the public comment period through an audio-visual line 38 or call-in option.
line 39 (4)  For the purposes of this section, “teleconference” means a line 40 meeting of a legislative body, the members of which are in different 99 AB 1944 — 8 —
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line 1 locations, connected by electronic means, through either audio or line 2 video, or both. Nothing in this section shall prohibit a local agency line 3 from providing the public with additional teleconference locations line 4 (5)  For the purposes of this section, “video streaming” means line 5 media in which the data from a live filming or a video file is line 6 continuously delivered via the internet to a remote user, allowing line 7 a video to be viewed online by the public without being downloaded line 8 on a host computer or device.
line 9 (c)  (1)  No legislative body shall take action by secret ballot, line 10 whether preliminary or final.
line 11 (2)  The legislative body of a local agency shall publicly report line 12 any action taken and the vote or abstention on that action of each line 13 member present for the action.
line 14 (3)  Prior to taking final action, the legislative body shall orally line 15 report a summary of a recommendation for a final action on the line 16 salaries, salary schedules, or compensation paid in the form of line 17 fringe benefits of a local agency executive, as defined in line 18 subdivision (d) of Section 3511.1, during the open meeting in line 19 which the final action is to be taken. This paragraph shall not affect line 20 the public’s right under the California Public Records Act (Chapter line 21 3.5 (commencing with Section 6250) of Division 7 of Title 1) to line 22 inspect or copy records created or received in the process of line 23 developing the recommendation.
line 24 (d)  (1)  Notwithstanding the provisions relating to a quorum in line 25 paragraph (3) of subdivision (b), if a health authority conducts a line 26 teleconference meeting, members who are outside the jurisdiction line 27 of the authority may be counted toward the establishment of a line 28 quorum when participating in the teleconference if at least 50 line 29 percent of the number of members that would establish a quorum line 30 are present within the boundaries of the territory over which the line 31 authority exercises jurisdiction, and the health authority provides line 32 a teleconference number, and associated access codes, if any, that line 33 allows any person to call in to participate in the meeting and the line 34 number and access codes are identified in the notice and agenda line 35 of the meeting.
line 36 (2)  Nothing in this subdivision shall be construed as line 37 discouraging health authority members from regularly meeting at line 38 a common physical site within the jurisdiction of the authority or line 39 from using teleconference locations within or near the jurisdiction line 40 of the authority. A teleconference meeting for which a quorum is 99 — 9 — AB 1944
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line 1 established pursuant to this subdivision shall be subject to all other line 2 requirements of this section.
line 3 (3)  For purposes of this subdivision, a health authority means line 4 any entity created pursuant to Sections 14018.7, 14087.31, line 5 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare line 6 and Institutions Code, any joint powers authority created pursuant line 7 to Article 1 (commencing with Section 6500) of Chapter 5 of line 8 Division 7 for the purpose of contracting pursuant to Section line 9 14087.3 of the Welfare and Institutions Code, and any advisory line 10 committee to a county-sponsored health plan licensed pursuant to line 11 Chapter 2.2 (commencing with Section 1340) of Division 2 of the line 12 Health and Safety Code if the advisory committee has 12 or more line 13 members.
line 14 (e)  This section shall become operative January 1, 2024. line 15 SEC. 3. The Legislature finds and declares that Sections 1 and line 16 2 of this act, which amends Section 54953 of the Government line 17 Code, further, within the meaning of paragraph (7) of subdivision line 18 (b) of Section 3 of Article I of the California Constitution, the line 19 purposes of that constitutional section as it relates to the right of line 20 public access to the meetings of local public bodies or the writings line 21 of local public officials and local agencies. Pursuant to paragraph line 22 (7) of subdivision (b) of Section 3 of Article I of the California line 23 Constitution, the Legislature makes the following findings:
line 24 This act is necessary to ensure minimum standards for public line 25 participation allowing for greater public participation in line 26 teleconference meetings.
line 27 SEC. 4. (a)  The Legislature finds and declares that during the line 28 COVID-19 public health emergency, certain requirements of the line 29 Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) line 30 of Part 1 of Division 2 of Title 5 of the Government Code) and the line 31 Bagley-Keene Open Meeting Act (Article 9 (commencing with line 32 Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of line 33 the Government Code) were suspended by Executive Order No. line 34 N-29-20. Audio and video teleconference were widely used to line 35 conduct public meetings in lieu of physical location meetings, and line 36 public meetings conducted by teleconference during the COVID-19 line 37 public health emergency have been productive, have increased line 38 public participation by all members of the public regardless of line 39 their location in the state and ability to travel to physical meeting line 40 locations, have protected the health and safety of civil servants 99 AB 1944 — 10 —
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line 1 and the public, and have reduced travel costs incurred by members line 2 of state bodies and reduced work hours spent traveling to and from line 3 meetings.
line 4 (b)  The Legislature finds and declares that Sections 1 and 2 of line 5 this act, which amend Section 54953 of the Government Code, line 6 imposes a potential limitation on the public’s right of access to the line 7 meetings of public bodies or the writings of public officials and line 8 agencies within the meaning of Section 3 of Article I of the line 9 California Constitution. Pursuant to that constitutional provision, line 10 the Legislature makes the following findings to demonstrate the line 11 interest protected by this potential limitation and the need for line 12 protecting that interest:
line 13 By removing the requirement for each teleconference location line 14 to be identified in the notice and agenda, including the member’s line 15 private home address, this act protects the personal, private line 16 information of public officials and their families while preserving line 17 the public’s right to access information concerning the conduct of line 18 the people’s business.

O
99 — 11 — AB 1944
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April 19, 2022
Sen. Nancy Skinner Assm. Buffy Wicks
California State Senate California State Assembly
1021 O Street, Suite 8630 State Capitol
Sacramento, CA 95814 Sacramento, CA 95814
Re: Support for Assembly Bill 1944
Dear Sen. Skinner & Assm. Wicks,
The Pinole City Council is writing to express support for Assembly Bill 1944, which would amend the Brown Act to create greater flexibility for local agencies to hold teleconference meetings.

Specifically, AB 1944 would amend Government Code section 54953 to provide that if a member of a local legislative body elects to participate in a meeting via teleconference from a location that is not public, the address of that location need not be identified in the notice and agenda, or be accessible to the public. AB 1944 would also require the local body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for the public to address the body remotely.

AB 1944’s amendment of the Government Code would protect the personal, private information of public officials and their families, while preserving the public’s right to participate in the conduct of public business.

For these reasons, the City of Pinole supports AB 1944.

Best regards,
Vincent Salimi Devin Murphy Norma Martinez-Rubin
Mayor Mayor Pro-Tem Councilmember
Anthony Tave Maureen Toms
Councilmember Councilmember
5091719.1

ATTACHMENT B
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CITY COUNCIL
REPORT 9F
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: LETTER OF SUPPORT FOR ASSEMBLY BILL (AB) 1814 (GRAYSON)

REGARDING INVESTMENTS IN EV CHARGING

RECOMMENDATION
Staff recommends that the City Council consider sending a letter of support (attached) for California Assembly Bill (AB) 1814.

BACKGROUND
At the March 15, 2022, City Council meeting, the Council directed staff to return with an agenda item to consider a letter of support for AB 1814. This is an act to amend Section 740.12 of the Public Utilities Code, relating to electricity.

Across California, more than 40% of greenhouse gas emissions (GHGs) come from the transportation sector. As such, there is a strong statewide emphasis on deploying more electric and other zero-emission vehicles, and the charging/refueling infrastructure needed to support them. The California Energy Commission has found that more than 1 million additional public and shared electric vehicle (EV) chargers must be installed by 2030 in order to meet state zero-emission vehicle goals.

City of Pinole joined Marin Clean Energy (MCE) a community choice aggregator (CCA) that provides clean electricity at competitive rates to more than one million residents and businesses in Contra Costa, Marin, Napa, and Solano counties, including most of Pinole residents and businesses. MCE also offers a wide range of clean energy programs and incentives that are tailored to meet the needs of the communities it serves.

MCE currently offers programs and incentives to support EVs, with particular focus on the customers that are hardest to reach, including small businesses, multi-family properties, low-income customers. These programs are funded through MCE’s own revenues and supplemented with other state funds. MCE intends to continue pursuing additional state and federal funds to support EV deployment and adoption. 69 of 221
City Council Report
April 19, 2022 2
To support the transition to EVs, the California Public Utilities Commission (CPUC) has statutory authority to approve applications from Investor-Owned Utilities (IOUs) for funding to support their EV charging programs. This funding is collected from all customers, including those who receive electric service from CCAs like MCE. However, CCAs are not currently permitted to apply for this funding to support their own EV charging programs.

AB 1814 (Grayson) would permit CCAs to apply to the CPUC to receive funding to support their own EV charging programs. Importantly, AB 1814 would not increase electric rates for any customers. It would simply give CCAs the chance to apply for available CPUC funding.

With access to supportive funding through the CPUC, as well as other state and federal sources, CCAs will be able to work more closely with City of Pinole to deploy EV charging stations that best meet the needs of Pinole residents and businesses.

The League of California Cities has not established a position on this bill. City staff has drafted a letter of support (attached) for the City Council’s consideration and action.

FISCAL IMPACT
There would be no direct fiscal impact to the City created by submitting a position letter on this State legislation.

Attachments
A- Text of AB 1814
B- Fact Sheet
C- Draft City of Pinole Letter of Support for AB
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california legislature—2021–22 regular session
ASSEMBLY BILL No. 1814
Introduced by Assembly Member Grayson
February 7, 2022
An act to amend Section 740.12 of the Public Utilities Code, relating to electricity.
legislative counsel’s digest
AB 1814, as introduced, Grayson. Transportation electrification:
community choice aggregators.

The California Constitution and the Public Utilities Act vest the Public Utilities Commission (PUC) with regulatory authority over public utilities, including electrical corporations. Existing law requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission and the State Air Resources Board, to direct electrical corporations to file applications for programs and investments to accelerate widespread transportation electrification to reduce dependence on petroleum, meet air quality standards, achieve the goals set forth in the Charge Ahead California Initiative, and reduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050. Existing law requires that those programs proposed by electrical corporations seek to minimize overall costs and maximize overall benefits. Existing law requires the PUC to approve, or modify and approve, programs and investments in transportation electrification, including those that deploy charging infrastructure, through a reasonable cost recovery mechanism, if they are consistent with the above-described purposes, do not unfairly compete with nonutility enterprises, include performance accountability measures, and are in the interests of ratepayers.
99 ATTACHMENT A
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Existing law authorizes a community choice aggregator to aggregate the electrical load of interested electricity consumers within its boundaries and requires a community choice aggregator to file an implementation plan with the PUC, to register with the PUC, and to enter into an operating service agreement with an electrical corporation.

This bill would, as part of the PUC’s program described above, authorize community choice aggregators to file applications for programs and investments to accelerate widespread transportation electrification, as specified.

Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the PUC is a crime.

Because the provisions of this bill would be a part of the act and because a violation of a PUC action implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 740.12 of the Public Utilities Code is line 2 amended to read:
line 3 740.12. (a)  (1)  The Legislature finds and declares all of the line 4 following:
line 5 (A)  Advanced clean vehicles and fuels are needed to reduce line 6 petroleum use, to meet air quality standards, to improve public line 7 health, and to achieve greenhouse gas emissions reduction goals. line 8 (B)  Widespread transportation electrification is needed to line 9 achieve the goals of the Charge Ahead California Initiative line 10 (Chapter 8.5 (commencing with Section 44258) of Part 5 of line 11 Division 26 of the Health and Safety Code).
line 12 (C)  Widespread transportation electrification requires increased line 13 access for disadvantaged communities, low- and moderate-income line 14 communities, and other consumers of zero-emission and line 15 near-zero-emission vehicles, and increased use of those vehicles line 16 in those communities and by other consumers to enhance air 99 AB 1814 — 2 —
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line 1 quality, lower emissions of greenhouse gases emissions, gases, line 2 and promote overall benefits to those communities and other line 3 consumers.
line 4 (D)  Reducing emissions of greenhouse gases to 40 percent below line 5 1990 levels by 2030 and to 80 percent below 1990 levels by 2050 line 6 will require widespread transportation electrification. line 7 (E)  Widespread transportation electrification requires electrical line 8 corporations load-serving entities, as defined in Section 380, to line 9 increase access to the use of electricity as a transportation fuel. line 10 (F)  Widespread transportation electrification should stimulate line 11 innovation and competition, enable consumer options in charging line 12 equipment and services, attract private capital investments, and line 13 create high-quality jobs for Californians, where technologically line 14 feasible.
line 15 (G)  Deploying electric vehicles should assist in grid line 16 management, integrating generation from eligible renewable energy line 17 resources, and reducing fuel costs for vehicle drivers who charge line 18 in a manner consistent with electrical grid conditions. line 19 (H)  Deploying electric vehicle charging infrastructure should line 20 facilitate increased sales of electric vehicles by making charging line 21 easily accessible and should provide the opportunity to access line 22 electricity as a fuel that is cleaner and less costly than gasoline or line 23 other fossil fuels in public and private locations. line 24 (I)  According to the State Alternative Fuels Plan analysis by line 25 the Energy Commission and the State Air Resources Board, light-, line 26 medium-, and heavy-duty vehicle electrification results in line 27 approximately 70 percent fewer greenhouse gases emitted, over line 28 85 percent fewer ozone-forming air pollutants emitted, and 100 line 29 percent fewer petroleum used. These reductions will become larger line 30 as renewable generation increases.
line 31 (2)  It is the policy of the state and the intent of the Legislature line 32 to encourage transportation electrification as a means to achieve line 33 ambient air quality standards and the state’s climate goals. line 34 Agencies designing and implementing regulations, guidelines, line 35 plans, and funding programs to reduce emissions of greenhouse line 36 gas emissions gases shall take the findings described in paragraph line 37 (1) into account.
line 38 (b)  (1)  The commission, in consultation with the State Air line 39 Resources Board and the Energy Commission, shall direct electrical line 40 corporations corporations, and authorize community choice 99 — 3 — AB 1814
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line 1 aggregators, to file applications for programs and investments to line 2 accelerate widespread transportation electrification to reduce line 3 dependence on petroleum, meet air quality standards, achieve the line 4 goals set forth in the Charge Ahead California Initiative (Chapter line 5 8.5 (commencing with Section 44258) of Part 5 of Division 26 of line 6 the Health and Safety Code), and reduce emissions of greenhouse line 7 gases to 40 percent below 1990 levels by 2030 and to 80 percent line 8 below 1990 levels by 2050. Programs
line 9 (2)  Programs proposed by electrical corporations or community line 10 choice aggregators shall seek to minimize overall costs and line 11 maximize overall benefits. The benefits, including through line 12 leveraging nonratepayer funding sources.
line 13 (3)  The commission shall approve, or modify and approve, line 14 programs and investments in transportation electrification, line 15 including those that deploy charging infrastructure, via a reasonable line 16 cost recovery mechanism, if they are consistent with this section, line 17 do not unfairly compete with nonutility enterprises as required line 18 under Section 740.3, include performance accountability measures, line 19 and are in the interests of ratepayers as defined in Section 740.8. line 20 Not
line 21 (4)  If a community choice aggregator’s application is approved, line 22 the applicable electrical corporation shall collect the approved line 23 charge from its distribution customers and shall distribute those line 24 moneys to the community choice aggregator pursuant to the line 25 approved application.
line 26 (5)  Not less than 35 percent of the investments made pursuant line 27 to this subdivision shall be in underserved communities line 28 communities, as that term is defined in Section 1601. line 29 (c)  The commission shall review data concerning current and line 30 future electric transportation adoption and charging infrastructure line 31 utilization prior to use before authorizing an electrical corporation line 32 to collect new program costs related to transportation electrification line 33 in customer rates. If market barriers unrelated to the investment line 34 made by an electric corporation or community choice aggregator line 35 prevent electric transportation from adequately utilizing using line 36 available charging infrastructure, the commission shall not permit line 37 additional investments in transportation electrification without a line 38 reasonable showing that the investments would not result in line 39 long-term stranded costs recoverable from ratepayers. 99 AB 1814 — 4 —
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line 1 (d)  This section applies to an application to the commission for line 2 transportation electrification programs and investments if one of line 3 the following conditions is met:
line 4 (1)  The application is filed on or after January 1, 2016. line 5 (2)  The application is filed before January 1, 2016, but has an line 6 evidentiary hearing scheduled on or after July 1, 2016. line 7 SEC. 2. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 the only costs that may be incurred by a local agency or school line 10 district will be incurred because this act creates a new crime or line 11 infraction, eliminates a crime or infraction, or changes the penalty line 12 for a crime or infraction, within the meaning of Section 17556 of line 13 the Government Code, or changes the definition of a crime within line 14 the meaning of Section 6 of Article XIII B of the California line 15 Constitution.

O
99 — 5 — AB 1814
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ASSEMBLYMEMBER TIM GRAYSON
AB 1814
Transportation Electrification Funds: Community Choice Aggregators Summary:

AB 1814 would authorize Community Choice
Aggregators (CCAs) to submit applications to the
California Public Utilities Commission (CPUC) to
receive funding to administer transportation
electrification programs in their service areas.

Background:

California has held lofty initiatives of meeting
stringent air quality and climate change targets. A
major component in meeting these targets are the
state’s transportation objectives to achieve five million zero-emission vehicles (ZEVs) on the road by 20301
and 250,000 electric vehicle charging stations by
20252. These are essential because the transportation
sector contributes a large percentage of nitrogen
emissions, diesel particulate matter, and statewide
greenhouse gas (GHG) emissions.

The CPUC plays a critical role in achieving these
emission targets. Under their authority to regulate
Investor-Owned Utilities (IOUs), they are directing
strategic investments for transportation electrification projects, designing electricity rates, adopting vehiclegrid integration policy and pilot programs, and conducting program evaluation and interagency
coordination to ensure strategically coordinated ZEVs
investments.3
Alternative to IOUs, CCAs are local government
entities that supply energy needs for their
communities, offering an alternative and tailored
choice in the market and serve over 11 million
customers in more than 200 cities and counties. CCAs
can provide the communities that they serve with
competitively priced, clean energy choices while
reinvesting revenues into projects and programs,
supporting the local economy, such as offering
complementary programs such as EV charging and
battery storage.
1 https://www.ca.gov/archive/gov39/2018/01/26/governor-brown-takesaction-to-increase-zero-emission-vehicles-fund-new-climateinvestments/index.html 2 https://www.ca.gov/archive/gov39/2012/03/23/news17472/index.html Problem:

The California Energy Commission (CEC) has
assessed California’s electric vehicle charging
infrastructure rollout and determined that the state will be almost 1 million chargers short of what will be
required to support the state’s 2035 EV adoption goals.

While CPUC authorizes IOUs to file applications to
receive ratepayer funded transportation electrification program funding, CCAs are not explicitly authorized
in existing law to access these funds, despite CCA
customers also paying into these same funds. As a
result, local leaders have little ability to tailor electric vehicle infrastructure and programs to serve residents
and businesses, particularly in traditionally
underrepresented areas.

Solution:

AB 1814 would explicitly authorize CCAs to file
applications for programs and investments to
accelerate widespread transportation electrification. In order to submit these applications, CCAs would be
regulated to meet all of the same requirements that
IOUs are currently required to meet.

In order to meet the state’s EV adoption goals, CCAs
must also be included in the solution. CCAs should be
given the opportunity to apply for funding through
CPUC for transportation electrification projects as a
means of potentially addressing energy needs as
identified by specific communities. By creating parity
within IOUs and CCAs, the state may be able to meet
our GHG emission reduction goals in the
transportation sector.

Support:

California Community Choice Association
(Sponsor)
Staff Contact:

Samantha Yturralde
[email protected]
(916) 319-2014
3 https://www.cpuc.ca.gov/industries-and-topics/electricalenergy/infrastructure/transportation-electrification

ATTACHMENT B
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April 19, 2022
The Honorable Eduardo Garcia
Chair, Assembly Utilities and Energy Committee
via email
Re: AB 1814 (Grayson) – SUPPORT
Dear Assemblymember Garcia,
On behalf of City of Pinole, I write in support of AB 1814, a narrow bill that would allow Community Choice Aggregators (CCAs) to submit applications to the California Public Utilities Commission (CPUC) to receive funding to support transportation electrification. The City of Pinole is a community of approximately 19,573 residents situated in Western Contra Costa County on the east side of San Francisco Bay. City of Pinole is a member of Marin Clean Energy (MCE), and supports efforts to ensure that CCAs have a full suite of tools necessary to confront the climate crisis by eliminating fossil fuel greenhouse gas emissions and to create equitable community benefits.

Transportation electrification (TE) is a vital component of California’s climate change mitigation strategy, as well as a key environmental priority for Pinole. With an ambitious state goal of achieving at least five million zero-emission vehicles (ZEVs) on the road by 2030 and 250,000 electric vehicle charging stations by 2025, City of Pinole seeks to ensure that an appropriate share of these investments is located in and benefits its residents. CCAs are well-suited to deploy TE infrastructure in ways that best benefit local communities and residents.

City of Pinole supports AB 1814 because it would correct the current funding inequity and allow CCAs as well as IOUs to access CPUC funding for TE. By adding effective and nimble additional administrators to the CPUC’s programs, AB 1814 will make the CPUC’s TE programs more successful as well.

CCAs have a proven track record of serving customers and communities with programs and service options tailored to meet local needs and priorities. AB 1814 will help to expand upon already-successful CCA TE offerings and ensure ratepayer fairness for CCA communities.

For these reasons, City of Pinole is pleased to support AB 1814. Thank you for your leadership on this important issue.

Sincerely,
Vincent Salimi
Mayor, City of Pinole

CITY OF PINOLE
2131 Pear Street Phone: (510) 724-9833
Pinole, CA 94564 FAX: (510) 724-9826
www.ci.pinole.ca.us

ATTACHMENT C
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Cc: The Honorable Assemblymember Tim Grayson
The Honorable Assemblymember Buffy Wicks
The Honorable Senator Nancy Skinner
Honorable Members of the Assembly Utilities and Energy Committee Laura Shybut, Consultant, Assembly Utilities and Energy Committee Sam Caygill, East Bay Division, League of California Cities (Via email) League of California Cities (Via email: [email protected]) 78 of 221

CITY COUNCIL
REPORT 10A
DATE: APRIL 19, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: CONDUCT FIRST READING OF ORDINANCE ADOPTING A
MILITARY EQUIPMENT USE POLICY AND ADDING CHAPTER 2.60
TO THE PINOLE MUNICIPAL CODE IN COMPLIANCE WITH AB 481

RECOMMENDATION
Staff recommends that the City Council conduct the first reading of an ordinance adding Chapter 2.60 to the Pinole Municipal Code adopting the City of Pinole Police Department’s proposed Military Equipment Funding, Acquisition And Use Policy in compliance with
AB 481.

BACKGROUND
On September 30, 2021, Governor Newsom signed into law Assembly Bill (AB) 481, to address the use of military equipment by law enforcement agencies in California.

AB 481’s stated goals are to increase transparency, accountability and oversight related to the acquisition and use of military equipment by state and local law enforcement agencies, as well as, to provide legally enforceable safeguards to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used by local law enforcement agencies.

AB 481, codified as Government Code sections 7070 et seq., requires that the City of Pinole Police Department (“Department”) adopt a written military equipment use policy approved by the City Council by way of an ordinance, prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the State legislature. Specifically, the Department must adopt a military equipment use policy approved by the City Council before the Department: (1) continues to use any military equipment acquired before January 1, 2022; (2) purchases, raises funds for, or acquires military equipment after January 1, 2022; or (3) collaborates with another law enforcement agency in the deployment or use of military equipment within the Department’s jurisdiction, or allows use of said equipment by any person not previously approved by Council.
“Military equipment” as defined by AB 481 does not necessarily indicate equipment used by or acquired from the military. “Military equipment” as defined by AB 481 79 of 221
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April 19, 2022 2
includes, but is not limited to, armored or weaponized vehicles, remotely powered vehicles, large-caliber and specialized firearms, explosive breaching tools, and “flashbang” grenades and projectile launchers. Any equipment which falls under the definition of “military equipment” as set forth in Government Code section 7070(c) (1)- (16) is subject to the terms of AB 481.

A military equipment use policy under AB 481 is a public document that sets forth the intended use and purpose of the military equipment by the Department. The policy must address a number of specific topics as set forth in Government Code section 7070(d) including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the process and procedures by which the public may register complaints for violation of the policy.

Nothing under AB 481 is intended to outright prohibit any particular kind of military equipment.

Under AB 481, the City Council must consider the proposed military equipment use policy in open session of a City Council meeting and may only approve the policy if it makes specific findings regarding the equipment including safeguards, cost effectiveness, reasonableness of use, and fiscal impact. Specifically, City Council must make all of the following findings:

1. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

2. The policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

4. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Once the ordinance is adopted approving the Department’s military equipment use policy, City Council must review the policy annually to determine whether it complies with the standards for approval set forth above and must either disapprove, renew, or amend the policy based on its findings. The City Council’s findings at the time of annual review must include a review of an annual military equipment report to be prepared by the Department and must be done during a City Council meeting’s open session.

Attachment B is the Department’s proposed military equipment use policy. Attachment C is the inventory list of military equipment the Department currently has, and intends to use in the future, that falls within the definition of “military equipment” under AB 481. 80 of 221
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DISCUSSION
The proposed ordinance complies with the requirement under AB 481 that the City Council approve the Department’s Military Equipment Funding, Acquisition And Use Policy (the “Policy”) by ordinance. The Policy contains all the required elements of Government Code section 7070 (d) set forth above. The Policy outlines each item identified as “military equipment” in Government Code section 7070 (c) under the qualifying equipment inventory that is currently owned by the City. The Policy and inventory also include the current use and cost of each item, type, quantity, capabilities, purposes, and authorized uses, legal and procedural rules that govern their use, and the mechanisms in place to ensure policy compliance. These particular items, and their stated uses, have been in place prior to the implementation of AB 481.

Future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and council approval.

Additionally, the Policy states the procedures by which the public may register complaints for violation of the Policy. Specifically, the Department has established a Community Concerns and Complaints process with forms available at the Department and online. The public will have the ability to provide verbal concerns/complaints over the telephone or in-person at the Pinole Police Department.

Through adoption of the ordinance, the City Council will authorize the continued use of preexisting equipment considered “military equipment” under AB 481. This includes a Mine Resistant Ambush Protected Vehicle (MRAP) for use as an Emergency Rescue Vehicle (ERV) to safely evacuate residents in the event of a natural disaster or critical incidents, to move personnel and/or resources in support of natural disasters (i.e. flood, fire, earthquake), large scale logistics, active shooter incidents, and incidents where there is reason to expect potential armed resistance requiring protection. The Policy also includes a single unmanned, remotely piloted, powered ground vehicle used to enhance peace officer and community safety when encountering potentially dangerous situations by providing first responders with the ability to capture video and still images, and to transport communication equipment or other resources prior to, or in lieu of, sending in personnel into hazardous incidents or environments.

Other items deemed to be “military equipment” via AB 481 include foundational equipment such as rifles and ammunition. These rifles allow peace officers to address lethal threats from a greater distance and with greater precision. The Department also seeks authorization to use four preexisting pepper ball launchers and projectiles, to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. The projectiles provide officers with a less-lethal option in incidents of combative or self-destructive individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved demonstrations. The equipment allows for more time and opportunity to attempt to deescalate situations and provide for safer tactics to resolve life threatening events in the safest way possible. 81 of 221
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April 19, 2022 4
The Policy safeguards the public’s welfare, safety, civil rights and civil liberties by ensuring that there are safeguards, including transparency, oversight, and accountability measures in place. For instance, the Policy authorizes the Chief of Police to designate a member of the Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include, but are not limited, acting as a liaison to City Council for all matters related to the requirements of AB 481, identifying “military equipment” as defined under the statute, conducting annual inventory and review, collaborating with outside agencies, and scheduling and coordinating an annual community engagement hearing to address the Department's funding, acquisition, and use of military equipment.

California Government Code section 7071(b) requires that the Police Department post to its website the Military Equipment Use Policy that it plans to propose to City Council, at least thirty (30) days prior to any public hearing concerning the policy, for any comments, questions or concerns from the public. The Department complied with this requirement by posting the Policy on the City’s website on March 18, 2022. As of the time this agenda report is published, we have not received any comments.

Additionally, on April 11, 2022, the Municipal Code Update Subcommittee reviewed and approved the proposed ordinance and related Policy, without revision.

The Department has a significant interest in continuing to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties of the citizens of the City of Pinole. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the ordinance approving the military equipment use policy. The Policy explicitly references the fiscal impact related to costs to maintain or acquire equipment.

ATTACHMENTS
A. Ordinance Approving And Adopting A Military Equipment Use Policy And Adding Chapter 2.60 To The Pinole Municipal Code In Compliance With Assembly Bill 481
B. Military Equipment Funding, Acquisition and Use Policy C. AB 481 Qualifying Equipment Inventory
82 of 221

ATTACHMENT A
1 ORDINANCE NO. 2022-XXXX

AN ORDINANCE OF THE CITY OF PINOLE APPROVING AND ADOPTING A MILITARY EQUIPMENT USE POLICY AND ADDING CHAPTER 2.60 ENTITLED “MILITARY EQUIPMENT POLICY” TO TITLE 2 OF THE CITY OF PINOLE MUNICIPAL CODE IN COMPLIANCE WITH ASSEMBLY BILL 481 (GOVERNMENT CODE SECTION 7070, et. seq.)
Section 1. Authority. This Ordinance is adopted pursuant to the provisions set forth in Government Code Section 36937(b) and pursuant to all other applicable laws.

Section 2. Findings.

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 relating to the use of military equipment by California law enforcement agencies; and WHEREAS, Assembly Bill 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code section 7070, et. seq., requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070 subdivision (c).

WHEREAS, the Pinole Police Department is in possession of certain items of equipment that may qualify as “military equipment” under Assembly Bill 481; and WHEREAS, Assembly Bill 481 requires that a law enforcement agency possessing and using such qualifying equipment prepare a publicly released, written, military equipment use policy.

The policy must be a document covering the inventory, description, purpose, use, acquisition, maintenance, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department’s use of such equipment; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the military equipment use policy for continued or future funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and WHEREAS, the military equipment use policy and supporting information must, upon adoption by ordinance, thereafter be approved by the governing body by ordinance, and reviewed annually; and
WHEREAS, the proposed military equipment use policy has been prepared by the Pinole Police Department as “Military Equipment Funding, Acquisition and Use Policy” identified as Policy 707;
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2 WHEREAS, Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy was published on the Pinole Police Department’s internet website on March 18, 2022 in compliance with Government Code Section 7071 subdivision (b); and WHEREAS, the Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy was presented to City Council on April 19, 2022; and WHEREAS, the Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy meets the requirements of California Government Code Section 7070 subdivision (d); and
WHEREAS, the City Council of the City of Pinole, having received the information required under Assembly Bill 481 regarding the Pinole Police Department’s use of military equipment as defined in said law, and makes the specified determinations required under Government Code Section 7071 subdivision (d), deems it to be in the best interest of the City to approve the Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy as set forth herein.

NOW THEREFORE, BE IT RESOLVED, in accordance with Government Code Section 36937, and pursuant to the findings stated herein, that the City Council of the City of Pinole hereby finds as follows:

Section 3. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

2. The Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

3. The military equipment identified in the Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

4. Prior military equipment use by the Pinole Police Department complied with the military equipment use policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

5. The Pinole Police Department’s Military Equipment Funding, Acquisition and Use Policy setting forth the City’s military equipment use policy is approved and adopted. 84 of 221
3 Section 4. That a new Chapter 2.60 entitled “MILITARY EQUIPMENT POLICY” is added to Title 2. “ADMINISTRATIVE AND PERSONNEL” of the City of Pinole Municipal Code to read as follows:
“2.60 Military Equipment Policy.
(a) Pursuant to Government Code Section 7071 (d), the City Council has made the following determinations:
(1) The military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed military equipment use policy (“Policy”) will safeguard the public’s welfare, safety, civil rights, and civil liberties; (3) The equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (if any); (4) Prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(b) The Police Department has submitted a proposed Policy to the City Council entitled “Military Equipment Funding, Acquisition and Use Policy” identified as Pinole Police Department Policy 707 and has made those documents available on the Police Department’s website for at least 30 days prior to the public hearing concerning the military equipment at issue.
(c) The Policy was considered by the City Council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The Policy shall be made publicly available on the Police Department’s website for as long as the military equipment is available for use. (e) The Police Department shall submit an annual military equipment report to the City Council, containing the information required in Government Code Section 7072, and the City Council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in (a)(1)-(4) above. (f) The City Council shall review this ordinance, and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2)
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4 (g) The City Council approves the use of the Policy described as “Military Equipment Funding, Acquisition and Use Policy” identified as Pinole Police Department Policy 707, and finds that it satisfies the requirements of Government Code Section 7070(d).”
Section 5: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

Section 6. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each of every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 7. Effective Date and Duration. This ordinance shall take effect thirty (30) days after its final adoption.

Section 8. Publication. The City Clerk is directed to cause this ordinance to be published in a manner required by law.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on April 19, 2022, the City Council passed this urgency ordinance by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

IN WITNESS of this action, I sign this document and affix the corporate seal of the City of Pinole on April ____, 2022.

Published with permission by Pinole Police Department
Military Equipment Funding, Acquisition and
Use Policy - 1
Military Equipment Funding, Acquisition and Use
Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy applies to all members of the Department 707.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Pinole Police Department
Military Equipment Funding, Acquisition and
Use Policy - 2
707.2 POLICY
It is the policy of the Pinole Police Department that members of this department comply with the provisions of Government Code § 7070 and 7071 with respect to the use and acquisition of military equipment.
707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Pinole Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
707.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department: See attachment: Military Equipment Pinole Police Department Final 4_2022.pdf
707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. 88 of 221
Pinole Police Department
Pinole PD CA Policy Manual
Military Equipment Funding, Acquisition and Use Policy
Copyright Lexipol, LLC 2022/04/13, All Rights Reserved.

Published with permission by Pinole Police Department
Military Equipment Funding, Acquisition and
Use Policy - 3
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
On occasion, the department may be required to assist or be assisted by other law enforcement agencies in a formal Mutual Aid Request or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for Mutual Aid is governed by PPD Policy 331 - Outside Agency Assistance.

In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn department members to utilize military equipment in order to fulfill an assigned mission (i.e. active shooter, civil unrest, barricaded suspects in a vehicle, etc.). When sworn department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply:
a. Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Pinole Police Department's Policy and Procedures Manual, regardless of operational jurisdiction. b. Should the Pinole Police Department request mutual aid from another law enforcement agency within Contra Costa County and military equipment is required during the course of the response, the following shall apply:

1. The Pinole Police Department shall remain in charge of the overall incident command.

2. The Incident Commander or designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.

3. The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment.

4. If the Incident Commander or their designee is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this 89 of 221
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procedure, the Incident Commander may elect to cancel the request for mutual aid or reassign the assisting agency to a different support mission. 707.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
707.9 COMMUNITY CONCERNS AND COMPLAINTS
The Pinole Police Department has established a Community Concerns and Complaints process with forms available at the department and online. The community will have the ability to provide verbal concerns/complaints over the telephone or in-person at the Pinole Police Department (PPD policy 1010).
707.10 CITY COUNCIL APPROVAL
Pursuant to California Government Code section 7071, the City Council of Pinole approved this Policy pursuant to Ordinance #______________ on ______________________, 2022. Further substantive amendments to the Policy need to be reviewed and approved by the City Council. 90 of 221
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ATTACHMENT C
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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
Finalized: April 13, 2022

1. Equipment Type: Mine Resistant Ambush Protected Vehicle (MRAP) – CA Govt Code §7070(c)(2)
Quantity Owned or Sought: 1 Lifespan: Unknown
Purpose/Authorized User: Emergency Rescue Vehicle (ERV) to safely evacuate residents in the event of a natural disaster or critical incidents. To move personnel and/or resources in support of natural disasters (i.e. flood, fire, earthquake), large scale logistics, active shooter incidents, and incidents where there is reason to expect potential armed resistance requiring protection. Use may be authorized by Watch Commander or Tactical/Operations Commander, based on the circumstances of the given incident.

Fiscal Impact: Acquired under the Law Enforcement Support Program Office (LESO): $0 for equipment. $9,200 for delivery, paint and upfitting. Annual maintenance cost is approximately $1,000.00
Legal and Procedural Rules Governing: It is the policy of the department to utilize armored vehicles only for law enforcement purposes and pursuant to State and Federal law.

Training Required: Department provided training.

Other Notes: The MRAP is an armored vehicle manufactured by BAE Systems/Caiman weighing over 34,000 pounds and can carry a payload of over 4,000 pounds. The vehicle has six (6) wheels fitted with tires and is all-wheel drive, powered by a diesel engine. The vehicle measures approximately 22 feet long, 8 feet wide, and 10 feet tall.

2. Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1)
Quantity Owned/Sought: 1 Lifespan: Approximately 15 years Equipment Capabilities: Vehicle is capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.

Manufacturer Product Description: iRobot PackBot 510 Multi Mission Robot (MMR) Purpose/Authorized Uses: To enhance officer and community safety when encountering potentially dangerous situations by providing first responders with the ability to capture video and still images, to transport communication equipment or other resources prior to, in lieu of sending in personnel into hazardous incidents or environments.

Fiscal Impacts: Acquired under the Law Enforcement Support Program Office (LESO): $0 for equipment. Annual maintenance cost is approximately $500.

Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy.

Training Required: Department provided training.
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Other Notes: None

3. Equipment Type: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units – CA Govt Code §7070(c)(5) Quantity Owned or Sought: 1 Lifespan: 20 years
Purpose/Authorized User: Trailer is purpose‐built to facilitate the operational control and direction of public safety units conducting DUI enforcement checkpoints, traffic safety operations, and responding to or at an incident. The Command and Control (C&C) trailer serves as a centralized location for command decision making, enhanced communication and other situational awareness capabilities. Use may be authorized by Watch Commander or Tactical/Operations Commander, based on the circumstances of the given incident.

Fiscal Impact: Acquired by grant issued by the State of California Office of Traffic Safety under a Traffic Safety Grant. $40,415 for equipment. Annual maintenance cost is approximately $1000.

Legal and Procedural Rules Governing: It is the policy of the department to utilize C&C trailer only for law enforcement purposes and pursuant to State and Federal law.

Training Required: Department provided training.

Other Notes: The command-and-control trailer is standard tow-behind trailer with dual axels manufactured by Universal Trailer with a GVW of 3,100 pounds. The trailer measures approximately 16 feet long, 8.5 feet wide, and 9 feet tall. The trailer is equipped with a fold-down rear door, lighting, and a generator.

4. Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned or Sought: 28 Lifespan: 15 years
Purpose/Authorized User: Colt AR-15/M4 Carbine semiautomatic shoulder fired rifle with long spirally grooved barrel that fires .223 Rem/5.56 mm projectile bullet. The rifles are equipped with

10.5” barrel, Surefire muzzle brake, and Surefire SOCOM556-RC2 suppressors. Ammunition is Speer Gold Dot caliber .223 62 grain.

A standard officer issue to be used as a precision weapon to address a threat with more precision and/or greater distances than a handgun, if present and feasible.

Fiscal Impact:
• Colt AR-15/M4 Rifle: $32,400, quantity: 28
• Surefire muzzle brake: $2,779, quantity: 28
• Surefire SOCOM556-RC2 Suppressors: $22,408, quantity: 28 • Speer Gold Dot caliber .223 62 gr ammunition: $4,300, quantity: 9,780 • Annual maintenance cost is approximately $1,500
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force and Firearms.
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Training Required: Department firearms training and qualifications as required by law and policy by POST certified instructors. CA POST certified 24-hour patrol rifle course.

Other Notes: These rifles are standard issue service weapons for our officers and therefore exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency.

5. Equipment Type: Pepper Ball Launcher and Projectiles - CA Gov’t Code §7070(c)(12) Quantity Owned or Sought: 4 Lifespan: 20 years
Purpose/Authorized User: PepperBall VKS Carbine is a Variable Kinetic System (VKS) launcher utilizing compressed-air to fire non-lethal PepperBall projectiles. The VKS features a dual feed system that offers the ability to quickly switch between hopper fed and magazine fed projectiles. Projectiles: 2% PAVA ball containing pepper powder designed for direct impact and area saturation, Glass Breaker ball composed of hardened plastic designed to break glass barriers, and Inert/H2O balls for training.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Fiscal Impact:
• PeppberBall VKS Launcher: $5,360, quantity: 4
• 2% PAVA Ball: $2,900, quantity: 1,100
• Glass Breaker Ball: $480, quantity: 200
• Inert/H2O Training Ball: $950, quantity: 1,000
• Annual maintenance cost is approximately $250
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None

6. Equipment Type: Less-Lethal Shotgun and Bean Bag Projectile - CA Gov’t Code §7070(c)(14)
Quantity Owned or Sought: 4 Lifespan: 25 years
Purpose/Authorized User: Remington 870 Less-Lethal 12-gauge Shotgun with orange and black marked stocks is used to deploy the less lethal 12-guage CTS Super-Sock Beanbag round. The Combined Tactical Systems (CTS) Super-Sock Beanbag round is a less-lethal 2.4- inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot.

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Provides officers with a less-lethal option in incidents of combative or self-destructive individuals, riot/crowd control and civil unrest incidents, circumstances where a tactical advantage can be obtained, potentially vicious animals, and training exercises or approved 95 of 221
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demonstrations.

Fiscal Impact:
• Remington 870 Less-Lethal 12-guage Shotgun: $2,200, quantity: 4 • CTS Model 2581 Super-Sock Beanbag Round: $1,090, quantity: 200 • Glass Breaker Ball: $480, quantity: 200
• Annual maintenance $0
Legal and Procedural Rules Governing: All applicable State, Federal and Local laws governing police use of force. Various Pinole Police Department Policies on Use of Force.

Training Required: Department provided training conducted by POST certified instructors.

Other Notes: None
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CITY COUNCIL
REPORT 11A
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: CHRIS WYNKOOP, FIRE CHIEF
SUBJECT: FIRE DEPARTMENT UPDATE

RECOMMENDATION
City staff recommends that Council receive the Fire Chief’s update regarding departmental improvements and progress toward reopening Pinole Fire Station 74 using County Measure X funds in collaboration with Contra Costa County Fire Protection District (Confire).

INTRODUCTION
In March of 2021, the Pinole Fire Chief addressed Council with recommendations to fortify fire service delivery in response to the study conducted by Emergency Services Consulting International (ESCI) in 2019/20. The Fire Chief recommended three strategies; they were:

1. Adding an Administrative Fire Captain position

2. Transitioning from a contract Fire Inspector to a sworn Fire Prevention Captain

3. Returning to Council in Q3 FY 2021-22 with an update regarding:
a) Restoring pre-2003 staffing of 15 frontline personnel deployed as an enginesquad model from Station 73 and/or b) Contract for service/integration with Confire

BACKGROUND
Regarding the first strategy, the Fire Chief and City staff recommended that the Pinole Fire Department (PFD) add staff to address certain fundamental managerial and administrative functions such as planning, policymaking, training, records management, and evaluation. These functional deficiencies created liability and made it difficult to observe industry best practices and achieve maximum efficiency. The addition of the Administrative Fire Captain assignment supports the City’s Strategic Plan initiative of creating and maintaining a “High Performance Pinole” through “optimizing efficiencies” (Goal #4; Strategy #2).

As to the second strategy, the Fire Chief and City staff advised that the PFD should perform a broader set of fire prevention activities. Although fire prevention functions had been well performed through a contract with a private company, the Fire Chief and City 97 of 221
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staff determined that it would be more cost effective and productive in the long run to inhouse that function by eliminating the contract for service and creating a Fire Prevention Captain position which could also be tasked with restoring the Community Emergency Response Team (CERT) program. This strategy supports the City’s Strategic Plan initiative of maintaining a “Safe and Resilient Pinole” by “restoring the (CERT) program” (Goal #1; Strategy #3). The Administrative and Prevention Captains also add a layer of organizational versatility by being available to backfill fire engine personnel when backfill is difficult because of limited staff, as was encountered during COVID staffing shortages.

The third strategy was to return to Council with an update regarding either 1) returning to the staffing configuration prior to the original opening of Station 74 in 2003 (15 frontline staff deployed as an engine-squad model from Station 73); and/or 2) engaging in discussions with Confire about a contract for service/integration through which Station 74 could be reopened. Because some potential opportunities, such as Measure X and consolidation discussions among other agencies, were still unfolding at the time of the Fire Chief’s last address, City staff recommended returning to Council in Q3 FY 2021-22 with a clearer picture as to how Confire and PFD could most effectively collaborate.

Measure X funds were subsequently allocated to Confire for fire service fortification countywide under their superintendence in November of 2021, thus the picture has indeed become much clearer.

DISCUSSION
The Administrative Fire Captain assignment was filled in February 2022. In the brief two months since then, the appointment has already yielded significant dividends; among them are:
• Implementation of a recognized industry best practice narcotics tracking software (PSTrax). The program is currently enabled in its testing phase among departmental personnel. It is scheduled to go live May 1st. • Establishment of an electronic daily staffing application (Vector Scheduling) which interfaces with the City’s current Tyler Incode payroll software. This program is also enabled in its testing phase and is scheduled to go live May 23rd. • Initiation of a cost recovery program to capture billable service fees from vehicle accident insurance claims and other insurance claim-related incidents. First bills for service are anticipated to be submitted the week of May 2nd with monthly cost recovery reimbursements expected to start in June.
• Pinole representation at county-level fire operations and EMS meetings.

Additionally, the Administrative Captain oversees the departmental report management system (RMS), policy/procedure implementation, emergency medical services (EMS) administration, fire training, vehicle maintenance, and departmental projects. The PFD is already a more efficient organization because of the addition of the Administrative Captain.
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The Fire Prevention Captain was also chosen for assignment in February; however, the prospective Prevention Captain was reassigned to Engine 73 due to operational need, as another PFD Captain accepted a position with a neighboring fire agency. The department is scheduled to conduct a Captain’s promotional exam in June 2022, after which a new Prevention Captain will be assigned. In the meantime, fire prevention services continue to be offered through the department’s contract Fire Inspector.

Opportunities identified over the past year have brought clarity regarding whether to consider using City funds to restore pre-2003 staffing at Station 73 versus reopening Station 74 using County Measure X funds in collaboration with Confire. Measure X, which passed in the November 2020 election, is a ½ cent sales tax intended to “keep Contra Costa’s regional hospital open and staffed; fund community health centers; provide timely fire and emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.”
In May of 2021, the Contra Costa County Executive Fire Chiefs presented a request to the County Measure X Advisory Board for funding to:
• Reopen five (5) closed fire stations and add 45 firefighters countywide • Mitigate extreme wildfire danger
• Address aging facilities and infrastructure
• Improve training facilities
• Update communications/emergency operations centers
• Improve emergency preparedness/planning
• Support diversity and inclusion in the workforce
Among the five fire stations proposed for reopening was Pinole Station 74. Council submitted letters to the Measure X Advisory Board as well as the County Board of Supervisors (Attachments A and B, respectively) supporting the County Chiefs’ proposal, and in November of 2021, the Board of Supervisors approved funding to support the County Chiefs’ request. $2M annually (plus COLA) of that funding was allocated toward reopening Station 74 under an integrative agreement with Confire.

With Council’s approval, the City has initiated discussions with Confire regarding a contract for service whereby the City’s budgetary contribution, subsidized by the $2M Measure X allocation, would enable both Station 73 and Station 74 to be fully staffed and operational under Confire’s superintendence. It is anticipated that the City’s contribution would be comparable to that which it currently budgets to operate one station.

At the time of submission of this staff report, the Pinole City Manager, City Attorney, and Fire Chief will have just met, or be scheduled to meet, with representatives from the County Administrator’s Office, County legal counsel, and the Confire Fire Chief, to discuss the finer points of a proposed contract between our respective agencies. Once tentative contract terms are agreed upon, an independent fiscal analysis, service plan, letter of 99 of 221
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agreement from the labor group, and resolution of Council support, will need to be submitted with the contract to the Contra Costa County LAFCO for approval. Anticipated timeline for completion of contract and LAFCO submission/approval is fall of 2022, with an estimated implementation, to include the reopening of Station 74, in late winter/early spring of 2023.

FISCAL IMPACT
There is no fiscal impact related to receiving this update. Regarding the fiscal impact of collaborating with Confire through contract for service, it is the City’s intent to negotiate a contract with Confire through which Pinole is served by two fully staffed fire stations for a cost comparable to that which is currently being budgeted for a single station.

ATTACHMENTS
Attachment A Council Letter of Support to the Measure X Advisory Board for Measure X Funding for Fire and Emergency Services
Attachment B Council Letter of Support to the County Board of Supervisors for Measure X Funding for Fire and Emergency Services
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CITY OF PINOLE
City Hall Phone: (510) 724-9000
2131 Pear Street FAX: (510) 724-9826
Pinole, CA 94564 www.ci.pinole.ca.us
Date: July 6, 2021
To: Contra Costa County Measure X Advisory Board
From: Pinole City Council
Subject: Support of the Contra Costa County Executive Fire Chiefs’ Request for Measure X Funding to Address Critical Community Fire and Emergency Services Needs Dear Board Members,
The Pinole City Council submits this letter supporting the Contra Costa County Executive Fire Chiefs’ request for $28.85M (and $27.35M annually thereafter) in County Measure X funding to:
• Reopen five (5) closed fire stations and add 45 firefighters countywide • Mitigate extreme wildfire danger
• Address aging facilities and infrastructure
• Improve training facilities
• Update communications/emergency operations centers
• Improve emergency preparedness/planning
• Support diversity and inclusion in the workforce
Council shares the County Chiefs’ confidence that these measures will reduce countywide community risk through:
• Improved response times
• Increased services for underserved communities
• Equitable distribution of services
• Operational and administrative efficiencies
A robust fire service delivery model is a top priority for our citizens in Pinole, especially given the designated Very High Fire Hazard Severity Zone (VHFHSZ) in which many of our residents live.

Moreover, the scarcity of West County hospital emergency room services since the closure of Doctor’s Medical Centers in Pinole and San Pablo, resulting in reliance on firefighters as first-line medical assistance for many of our underserved citizens, underscores Pinole’s local concern within the broader context of the regional risk reduction strategy proposed by the County Chiefs.

In addition to serving our local citizens, the Pinole Fire Department (along with Richmond FD) serves the County’s interests by responding to the emergency needs of residents in the unincorporated County areas of Tara Hills, Bay View, and Montalvin Manor. With regard to the Advisory Board’s commitment to equity, Montalvin Manor, as defined in SB 1000, is a "Disadvantaged Community" as is Rodeo, which the Pinole FD serves in support of the RodeoHercules Fire Protection District through our County Battalion 7 automatic aid agreement.

ATTACHMENT A
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Council agrees that this regional approach represents an equitable and sustainable solution to the issue of providing critical life-saving emergency response services countywide, and we urge the Measure X Advisory Board to approve the County Chiefs’ proposal as requested.

Sincerely,
Norma Martínez-Rubin
Mayor
City of Pinole
cc. Honorable Members of the Contra Costa County Board of Supervisors County Administrator Nino
County Finance Director Driscoll
Contra Costa County Executive Fire Chiefs
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CITY OF PINOLE
City Hall Phone: (510) 724-9000
2131 Pear Street FAX: (510) 724-9826
Pinole, CA 94564 www.ci.pinole.ca.us
Date: November 8, 2021
To: Honorable Members of the Contra Costa County Board of Supervisors From: Pinole City Council
Subject: Support of the Contra Costa County Executive Fire Chiefs’ Request for Measure X Funding to Address Critical Community Fire and Emergency Services Needs Dear Board Members,
The Pinole City Council submits this letter supporting the Contra Costa County Executive Fire Chiefs’ request for $28.85M (and $27.35M annually thereafter) in County Measure X funding to:
• Reopen five (5) closed fire stations and add 45 firefighters countywide • Mitigate extreme wildfire danger
• Address aging facilities and infrastructure
• Improve training facilities
• Update communications/emergency operations centers
• Improve emergency preparedness/planning
• Support diversity and inclusion in the workforce
Council shares the County Chiefs’ confidence that these measures will reduce countywide community risk through:
• Improved response times
• Increased services for underserved communities
• Equitable distribution of services
• Operational and administrative efficiencies
A robust fire service delivery model is a top priority for our citizens in Pinole, especially given the designated Very High Fire Hazard Severity Zone (VHFHSZ) in which many of our residents live.

ATTACHMENT B
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Council agrees that this regional approach represents an equitable and sustainable solution to the issue of providing critical life-saving emergency response services countywide, and we urge the Board to approve the County Chiefs’ proposal as requested.

Sincerely,
Norma Martínez-Rubin
Mayor
City of Pinole
cc. County Administrator Nino
County Finance Director Driscoll
Contra Costa County Executive Fire Chiefs
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CITY COUNCIL
REPORT 12A
DATE: APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS

FROM: MARIA PICAZO, RECREATION MANAGER
SUBJECT: RECEIVE REPORT ON HOW THE CITY FACILITATES/SUPPORTS

COMMUNITY EVENTS ORGANIZED BY PRIVATE ORGANIZATIONS

AND PROVIDE DIRECTION AS APPROPRIATE

RECOMMENDATION
Staff recommends that the City Council receive a report on how the City currently facilitates/supports community events organized by private organizations, and provide direction to staff as appropriate.

BACKGROUND
At its meeting on May 4, 2021, the City Council approved a future agenda item on how the City can facilitate/support community events organized by private organizations.

The City has supported numerous community events hosted by private organizations over the years. Community events organized by private organizations have well complemented the many community events that the City organizes and have led to increased community engagement and quality of life in the City. The Pinole Car Show, Pinole Historical Society’s Veterans Day event, Bike the Bridges, Special Olympics (plunge fundraiser), Friends of Pinole Creek Watershed cleanup events, and Pinole Valley High School Day on the Green event are some examples.

In these cases, the event organizers are responsible for coordinating the events, such as determining the program, space, and City support needed for the event as well as inviting presenters/exhibitors and participants. The City has historically supported events such as these through a variety of means, including the following:
• Facilitating the event organizers’ application for City permits; • Paying the cost of permits and rental fees on the organizers’ behalf; • Installing traffic barricades;
• Providing additional garbage receptacles, garbage collection, and post-event clean up;
• Filming and televising events;
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• Providing audio/visual equipment;
• Providing chairs;
• Coordinating and paying for portable toilets;
• Providing additional public safety staffing; and
• Providing use of City facilities.

In addition to the large-scale events noted above, in recent years the City has received requests from local organizations and individuals wishing to host community cleanup events or free community events in the parks. Recent requests have included use of garbage bags and pick up and disposal of trash collected.

The City has not had clear, consistent, well-documented policies and procedures for how to facilitate/support these events. In the past, not all events were required to get necessary City permits nor pay for the cost of City support for events.

In fiscal year (FY) 2021/22, the City undertook a reorganization to improve efficiency, add resources, and clarify responsibility for various City functions that did not previously have a clear organizational home. As part of the reorganization, the newly created Community Services Department was assigned responsibility for coordinating special events, in order to provide a single point of contact for private organizations that would like to hold events in the City and/or receive some form of City support or sponsorship for their event.

The City implemented the practice of having the Recreation Manager serve as the single point of contact for private organizations that wanted to hold events open to the community. As the single point of contact, the Recreation Manager received inquiries from event organizers; gathered information on the organizers’ event plans/vision; worked across City departments to determine what City approvals would be required for an event; facilitated the organizer’s application for appropriate permits; and informed the organizer of what support the City could provide to the organizer, and the cost of that support. The Recreation Manager was also tasked with ensuring that all event organizers applied for necessary permits, and that the cost of City support for the event was well documented and funded by the event organizer or a City Council appropriation.

This approach was piloted with the fall 2021 Pinole Car Show and resulted in more coordinated and better documented City support for that event. The City has since received inquiries about some new types of privately organized community events, such as an event at the skate park. The experience with the pilot as well as recent inquiries for new types of events has revealed that the City would benefit from a specific special event permitting process. City staff is in the process of creating a special event permit application, which is expected to be completed and implemented in (FY) 2022/23. 106 of 221
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In FY 2021/22, the City also took the step of appropriating funding to specifically cover the cost of City support for the City’s largest privately sponsored community event, the Pinole Car Show, as well as funding for City support for other yet-to-be-determined privately sponsored community events. The budget included $15,000 for the fall 2021 Car Show and $100,000 for the summer 2022 Car Show and other events. This increased awareness and transparency regarding City support to these events.

REVIEW AND ANALYSIS
Implementing the procedure that a specific City staff person serve as the single point of contact for private event organizers and appropriating funding specifically for City support of privately organized community events has been successful and an improvement over the prior, ad hoc process. However, the City still lacks detailed policies regarding what forms and amount of support it can provide to privately organized community events. City staff recommends that the Community Services Department draft such policies for City Council’s consideration subsequent to the arrival of the new Community Services Director.

FISCAL IMPACT
There is no fiscal impact from receiving this report.

ATTACHMENTS
None
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CITY COUNCIL
REPORT 12B
DATE APRIL 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: DAVID SNELL, PINOLE COMMUNITY TELEVISION COORDINATOR SUBJECT: OVERVIEW OF THE HISTORY AND ACTIVITIES OF PINOLE

COMMUNITY TELEVISION (PCTV)

RECOMMENDATION
Staff recommends that the City Council receive this overview of the history and activities of Pinole Community Television (PCTV).

BACKGROUND
Introduction
The City of Pinole operates a television station, called Pinole Community Television (PCTV), which broadcasts programming through two dedicated channels provided by the City’s two local cable television service providers, Comcast (Xfinity) and AT&T, as well as through livestreaming on the City’s website. The two dedicated channels are referred to as “Channel 26” and “Channel 28,” after the channel numbers that Comcast assigned the channels. PCTV broadcasts the following types of programming:
• Live and replayed meetings of the City’s legislative bodies (e.g., City Council, Finance Subcommittee, Planning Commission, etc.);
• Cultural and educational programming created by PCTV, including live and replayed broadcasts of City-sponsored community events (e.g., National Night Out) and privately organized community events (e.g., the Pinole Car Show) (referred to as “local origination” programming);
• Cultural and educational programming created by other governmental or nonprofit organizations; and
• Programming created by members of the public.

In addition to broadcasting content on Channel 26 and Channel 28 and livestreaming it on the City’s website, PCTV also films and produces, on a cost reimbursement basis, public meetings of some other local government agencies, which are broadcasted on those agencies’ local cable television networks and websites. PCTV also provides filming and production services, on a cost reimbursement basis, for private clients. PCTV has also provided audio/visual services for City events.

PCTV’s resources and activities have varied over the years, as described below. 108 of 221
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The Origin of Cable Television Networks
Up until the early 1980s, it was infeasible due to technological, economic, and regulatory factors to broadcast television programming to a wide audience except through electromagnetic signals received through television antennas. Deregulation of the television industry in the 1980s and technological advances made it feasible at that time to begin broadcasting television programming through cable networks.

Public, Educational, and Government (PEG) Access Channels The federal Cable Communications Policy Act of 1984 deregulated traditional television, allowing cable television to expand, and also established some requirements for cable television networks. In an effort to encourage cable television networks to provide the widest possible diversity of information sources and services to the public, the Act authorized cities to require cable networks to which they granted franchises (for use of the public right of way) to set aside channels in their network for public, educational, and governmental (PEG) access. PEG uses are more thoroughly described in Attachment A.

Public access programming consists of video programming and other electronic information produced, directed, and engineered by nonprofit community groups, neighborhood organizations, social service agencies, and individual citizens. It focuses on many aspects of community life, ranging from the services and activities of community organizations to the opinions and beliefs of individuals in the community. "Public access channels are often the video equivalent of the speaker's soap box or the electronic parallel to the printed leaflet. They provide groups and individuals who generally have not had access to the electronic media with the opportunity to become sources of information in the electronic marketplace of ideas."
Educational access programming is developed or acquired by school or college employees, students, and school volunteers. It typically focuses on distance learning, school activities, and information that the school/college wants to get out to the community or share among schools.

Government access programming is created or acquired by local government employees, elected officials, and volunteers. It typically focuses on information about services provided by local, State, and regional governments, issues faced by local governments, and public meeting coverage. Government access is also used for other purposes, such as providing training to City employees or exchanging information between City agencies and other institutions.

Many cities did require the cable television network providers to which they granted franchises to set aside channels for these purposes.

Pinole Cable Franchises
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When it became apparent in the early-1980s that cable television networks would soon approach the City with franchise requests, the City Council established a Cable Subcommittee to recommend a framework for City cable franchises. Subsequent to the recommendations of the Cable Subcommittee, in 1982, the Pinole City Council passed Ordinance No. 441 (Attachment A), which authorized the granting of non-exclusive franchises to cable providers for the construction, maintenance, and operation of cable television systems. In 1982, the Council granted Contra Costa County Cable Company (doing business as Viacom Cablevision) a non-exclusive franchise (Attachment B) to construct, maintain, and operate a cable television system in the City of Pinole. In that agreement, the City required the company to set aside two channels for the broadcast of PEG content.

Pinole Cable Television
After Ordinance No. 441 was adopted, the City established the new Pinole Cable TV Access Commission in 1984 (Attachment C). The Commission was a pool of volunteers that developed the policies and procedures of the City’s new cable television station, PCTV, as well performed much of the operations of the station.

PCTV broadcasted its first programming in December 1983. Content included public meetings, a local variety show that covered local Pinole events, some other local origination material, and for-credit Contra Costa College courses. At that time, many other Contra Costa County cities had their own televisions stations, including Hercules and El Cerrito. The City eventually brought on paid City staff to provide consistent coverage of public meetings. Additional City staff were brought on as more local programming was created and broadcasted.

In 1997, the City adopted Ordinance No. 97-112 establishing the Cable Television Access Commission to replace the Pinole Cable TV Access Commission (Attachment D). It is unclear for how long this body was seated. Around the same time, perhaps due to changes in City revenues or the arrival of a new City staff member, the PCTV Coordinator, the Cable Television Access Commission was put in abeyance. It might have been the case that the hiring of highly proficient City employees to operate the station obviated the need for a commission of volunteers to help operate the station. The City Council has not appointed members to the commission since that time.

Also in 1997, PCTV began a progressive effort to create and broadcast more “local origination” content. This included live broadcasting of Pinole Valley High School (PVHS) sports and Concerts in the Park. PCTV broadcasted the first live PVHS football game in 1997. The cost to the City of broadcasting live PVHS sporting events was covered by donations PCTV staff solicited from local businesses and individuals, referred to as “sponsors”.

In 2001, as a preliminary part of the renewal of the franchise agreement with AT&T, the City distributed a customer survey aimed at assessing the needs and desires of the Pinole community as it relates to cable television. Survey respondents thought programs about 110 of 221
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Pinole residents, organizations, events, schools, and government were very important. In order of priority, people were interested in seeing the following:
• Programs about City services including local public safety information • Community festivals and neighborhood events
• City Government meetings
• Local business news and information
• Local arts, history, and culture
• Local health and wellness programs
• Programs about local organizations and clubs
• Gardening Programs
• Courses from area Colleges and Universities
• Senior citizen activities and concerns
• Local sports and recreational activities (little league, football, soccer) • Board of Education meetings
• Programs about schools and school activities
• Student production programs
In 2003, the City reviewed the operations of PCTV an adopted a new Pinole Television Business Plan (Attachment D). The Business Plan included the Pinole Community Access Television Manual, which outlined the station’s policies and procedures. (The station still operates per the policies and procedures of the 2003 Manual.) The Business Plan also noted that unless there is a well-defined benefit to the Pinole community related to broadcast of another organization’s content, that organization should cover the City’s full cost of the broadcast. Shortly after the adoption of the Business Plan, the City began construction of the Youth Center with a new PCTV studio, offices, and control rooms funded with Redevelopment funds.

To standardize the regulation of cable television networks in California, the State passed the Digital Infrastructure and Video Competition Act of 2006 (DIVCA). DIVCA assigned the authority for granting cable television franchises to the California Public Utilities Commission (CPUC) rather than cities. In 2008, the City’s cable television system operator (Comcast) renewed its franchise agreement with Pinole. (That agreement is still in effect.) As part of that renewal, the operator pledged to provide the City with one percent of its gross revenue from Pinole customers to be used for the City’s maintenance and replacement of television station equipment (commonly referred to as “PEG fees”) and five percent of its gross revenue from Pinole customers as franchise fees to be used for general City purposes.

As a result of the Great Recession, PCTV’s budget was reduced in 2011 and the station began producing and broadcasting less local origination content. Broadcasts of Citysponsored public events can require substantial staff time, particularly when staff assists in their creation or editing (as opposed to merely covering or airing an event). Concerts in the Park as well as the festivals not only required a full video production staff, but the full concert public address system, with an audio staff capable of mixing the live concert.

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operate the projector and PA systems. The twenty-five-foot inflatable screen is over 350 pounds and challenging for three staff to position and then pack away. The former staff of three full-time employees was reduced to two full-time employees. In fiscal year (FY) 2016/17, the City established new rates for organizations that wanted to have their local events broadcast on PCTV. As a result, local organizations discontinued having their local events broadcast on PCTV. Due to the prior reduction in City-created local origination content and organizations discontinuing PCTV broadcast of their events, PCTV’s remaining work was simply live and replayed meetings of the City’s legislative bodies and filming and production, on a cost reimbursement basis, of public meetings of some other local government agencies. Most of the content currently broadcasted on PCTV’s two channels, which are both on the air 24 hours per day, are original airing of public meetings, re-runs of past local origination shows, and a small number of new local origination shoes. Channel 26 features government related programming and Channel 28 includes mostly locally produced and special interest programming. PCTV has played a significant role in establishing remote and hybrid meeting capabilities during COVID for the City’s legislative bodies.

Over time, and particularly as a result of the loss of municipal revenue due to the Great Recession and dissolution of redevelopment agencies and the proliferation of other platforms through which members of the public can film and share video content, many city-owned television stations have closed. There are now just the following municipalowned television stations in Contra Costa County: PCTV, KCRT Richmond, CCTV Contra Costa County, Concord, and Walnut Creek Television.

In FY 2021/22, the City expects to collect $302,972 in franchise fees from Xfinity and AT&T. $250,000 is budgeted for the General Fund and $52,972 is budgeted to PCTV.

The City expects to collect $50,500 in PEG fees. PCTV has budget for two full-time employees and two part-time employees. The station also continues to use volunteers for some things, including equipment operation, equipment set-up and take-down, electrical wiring.

PCTV currently has contracts to film and produce in-person or hybrid City Council meetings for the cities of El Cerrito, Benicia, and Vallejo as well as board meetings for WestCAT. PCTV has not been required to support these meetings while the meetings have been held virtually due to COVID. When these bodies return to hybrid or in-person meetings, it will require significant PCTV staff.

PCTV remains in a minimal operational status serving the City of Pinole and client-based meetings. Efforts are taken to maintain the equipment operationally ready for field productions, however some equipment replacement plans have been delayed. Some of the delayed purchases have required additional staff time in content and data management further impacting the staffing shortage. Equipment storage has become an issue. Disposal of the E-waste held in storage for inventory documentation may relieve some of the congested storage. The production studio remains ready for use.

City staff intends to provide additional detail in the proposed FY 2022/23 budget on what specific local origination content can be created by PCTV under a status quo budget, as 112 of 221
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well as what additional local origination content could be created with increased budget.

It is possible that the forthcoming Communication and Engagement Plan will recommend that the City create more local origination content on City programs, policies, and activities. The citywide cost allocation plan and fee study that is nearing completion will also likely recommend new rates that PCTV should charge non-City customers to fully cover PCTV’s costs.

There are new developments with Assembly Bill 2635 that may lead to PEG operations in California being offered in High Definition (HD). This would be a big improvement in the resolution and quality of the video delivered to the viewers. PCTV would need to make some equipment upgrades to broadcast its content in HD.

RECOMMENDATION
That the Council receive this report.

FISCAL IMPACT
There is no fiscal impact from receiving the report.

ATTACHMENTS
Attachment A: Ordinance No. 441
Attachment B: Ordinance No. 444 and Cable Television Franchise Agreement Attachment C: Resolution No. 1941 Establishing the Pinole Cable TV Access Commission
Attachment D: Ordinance No. 97-112 Establishing the Cable Television Access Commission
Attachment E: Pinole Television Business Plan 2003
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ATTACHMENT A
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ATTACHMENT B
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ATTACHMENT C
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ORDINANCE NO. 97-112

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PINOLE AMENDING THE PINOLE MUNICIPAL CODE,
BY ADDING A NEW CHAPTER 2.58 ENTITLED

CABLE TELEVISION ACCESS COMMISSION
The City Council of the City of Pinole does hereby ordain that Chapter 2.58, consisting of Sections 2.58.010 through 2.56.090, be enacted as follows:

Chanter 2.58
Cable Television Access Commission
Sections:

2.58.010 Title for citation

2.58.020 Purpose

2.58.030 Membership

2.58.040 Appointment to commission

2.58.050 Term

2.58.060 Powers and duties

2.56.070 Removal of members

2.56.080 Quorum

2.56.090 Officers

2.58.01 0 Title for citation.

This chapter shall be known as the “Cable Television Access Commission Ordinance”.

2.58.020 Purpose.

The purpose of the Chapter shall be to establish a Cable Television Access Commission in the City of Pinole to oversee the operations and recommend policy for community cable access and for the day-to-day operation of the station.

2.58.030 Membershio.

The Cable Television Access Commission shall consist of five members who shall be

ATTACHMENT D
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residents of the City of Pinole.

2.58.040 Aopointment.

Members of the Commission shall be appointed by majority vote of the entire City Council.

2.58.050 Term.

Members shall be appointed for a two-year term. Terms shall expire on November 30th.

2.58.060 Powers and duties.

The Cable Television Access Commission shall have the responsibilities as provided in this section and such other powers and duties as the Council may, from time to time, decide:

A. To provide a venue for city-wide planning. operation and coordination for individuals and groups wishing to use the Cable Access Channel.

B. To advise the Pinole City Council on the Channel's operation.

C. To give advice to station staff relative to management of the station.

D. To give advice and provide direction concerning program production for the station E. To review, define and recommend an annual budget for station operation.

F. To assure that no censorship or control over program content for the channel exists, except as necessary to comply with Federal Communications Commission regulations concerning obscene material; to prohibit commercial advertising and lotteries from channel usage.

G. To assure that the channel is available to all residents of the City on a nondiscriminatory. first-come, first-served basis.

H. To administer all rules, regulations and procedures pertaining to the use and scheduling of the channel and to devise and establish such rules, regulations and procedures as necessary.

1. To prepare and/or review reports to the City Council, as necessary.

J. To review potential station purchases of materials and equipment to ensure compliance with the adopted budget.

K. To investigate additional sources of funding to further community programing, either through grants or donations.

L. To perform other functions related to the statiodchannel as appropriate.

2.58.070 Removal of Members from Office.
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Members of the Cable Television Access Commission serve at the pleasure of the City Council and may be removed from office by a majority vote ofthe entire Council.

2.58.080 Ouorum
For purposes of transacting business, a quorum of the Cable Television Access Commission shall consist of a simple majority of the membership.

2.58.090 Officers
At the annual business meeting conducted in December each year. the members ofthe Cable Television Access Commission shall select its officers. Conduct of Commission business shall otherwise be governed by By-laws adopted by the Commission and approved by the City Council.
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This ordinance shall become effective January I, 1998 and within fifteen (1 5) days of passage. the City Clerk shall cause a summary to be published once with the names of the council members voting for and against in a newspaper of general circulation within the City of Pinole.

PASSED AND ADOPTED THIS 2nd day of December, 1997. by the following vote. towit:

AYES:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

COUNCILMEMBERS: Boyle, Bradshaw, Alegria, Murray. Horton ABSTAIN: COUNCILMEMBERS:

ATTEST:
%ty Clerk of the City of Pinole
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ATTACHMENT E
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Pinole City CouncilApril 19, 2022

Pinole City Council
April 19, 2022