Agenda packet — Pinole City Council, May 3, 2022 (part 2 of 2)

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CITY COUNCIL
REPORT
9F
DATE: MAY 3, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RECEIVE THE QUARTERLY REPORT ON IMPLEMENTATION OF THE

GREENHOUSE GAS INVENTORY AND CLIMATE ACTION PLAN FOR
FISCAL YEAR (FY) 2021-22 THIRD QUARTER

RECOMMENDATION
Staff recommends that the City Council receive this quarterly report on implementation of the greenhouse gas (GHG) inventory and Climate Action Plan (CAP).

BACKGROUND
On October 19, 2021, the City Council adopted Resolution No. 2021-93, which declared a climate emergency, directed staff to complete a greenhouse gas (GHG) emissions inventory, and directed staff to prepare a Climate Action Plan (CAP) that includes GHG emission reduction goals that align with the State’s GHG emission reduction goals of SB 32 and Executive Order B-55-18. The City Council budgeted $160,000 for these efforts.

The City Council also directed staff to present quarterly updates on the City’s progress on the GHG emissions inventory and CAP. Staff last provided a quarterly update on February 15, 2022 that addressed staff and consultant activities for the second quarter of fiscal year (FY) 2021/22 (October – December 2021).

DISCUSSION AND ANALYSIS
This is the second quarterly report on the City’s progress on the GHG emissions inventory and CAP development. Conducting a GHG inventory is a critical first step in city climate action planning. Greenhouse gas inventories inform all future steps of climate action, including target setting, strategy development, and ongoing monitoring and evaluation.

Analysis has been completed for City of Pinole’s community baseline GHG emissions and municipal inventory and the project is expected to be completed in late April/early May. A Request for Proposals (RFP) was circulated for the CAP development in February and March. Award of the contract for CAP development will be recommended at the May 3, 2022 Council meeting, and work would begin shortly following contract award. 203 of 246
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The following is a summary of staff and consultant activities for the third quarter of FY 2021/22 (January - March 2022).

JANUARY 2022 ACTIVITIES
• On January 13 City staff and the CSG/Rincon team met for the kickoff of the GHG inventory project.
• On January 27 City staff and the CSG/Rincon team met to further discuss data for the Community Inventory and the Municipal Inventory with a focus on the data related to energy, solid waste, water/wastewater, and employee commute patterns.

FEBRUARY 2022 ACTIVITIES
• On February 3 City staff circulated an employee commute survey to all Pinole City employees.
• On February 8 City staff and the CSG/Rincon team met to discuss draft findings, data sources, project status, schedule, and next steps. • On February 18 staff released a Request for Proposals (RFP) to develop the CAP1. • On February 23 staff and the CSG/Rincon team increased the initial inventory cost of $28,771 by $3,256 in order to include the most accurate data and calculations for Climate Action planning, which increased the total contract cost to $32,027, with a total of $127,973 budgeted funds available to support development of the CAP.
• Throughout the month, City staff and the CSG/Rincon team continued to communicate regularly regarding data sources to keep the project on schedule.

MARCH 2022 ACTIVITIES
• On March 10 City staff and the CSG/Rincon team met to discuss the draft community emissions inventory and review the upcoming work tasks including the municipal inventory and forecast setting, which are expected in draft form in early April.
• On March 11 the City received a proposal from Rincon/CSG for CAP development.

FISCAL IMPACT
There is no fiscal impact related to receiving this report.

ATTACHMENTS
None
1 https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_10946972/File/City%20Government/Planning/ CAAP%20RFP%20Pinole%20Feb%2018.pdf
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CITY COUNCIL
REPORT
9G
DATE MAY 3, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER
SUBJECT: RECEIVE THE QUARTERLY REPORT ON IMPLEMENTATION OF THE STRATEGIC PLAN FOR FISCAL YEAR (FY) 2021-22 THIRD QUARTER

RECOMMENDATION
City staff recommends that the City Council receive the quarterly report on implementation of the Strategic Plan.

BACKGROUND
In February 2020, the City Council adopted the City of Pinole Strategic Plan 2020 – 2025.

The Strategic Plan identified four goals for the City (safe and resilient, financially stable, vibrant and beautiful, and high performance) and 22 individual strategies (special projects) to complete over a five-year timeframe.

In August 2020, the City created the Strategic Plan Implementation Action Plan (IAP), which identified the timeframe on which each Strategic Plan strategy would be implemented. The City Council revisited the IAP in January 2021 and approved an updated version, which specified completion dates for each of the strategies (attached).

During the January 2021 discussion of the IAP, staff recommended a quarterly report on the status of the implementation of the Strategic Plan strategies, akin to the quarterly reports that staff provides to the Council on the City budget and City investments. Council agreed to this recommendation.

REVIEW & ANALYSIS
Below find a table listing the four goals and 22 strategies contained within the Strategic Plan, along with the start and completion dates for each agreed upon in the January 2021 IAP. Each strategy has been coded with a green, yellow, or red dot to indicate whether the City is on track to achieve the beginning and completion dates specified in the January 2021 IAP. Green indicates that the City is on track to achieve the beginning and completion dates; yellow indicates that the City is on track to achieve either the beginning or completion date; and red indicates that the City is not on track to achieve either the beginning or completion date. The City is currently on track to achieve the beginning and completion dates of almost all of the strategies.
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City Council Report
May 3, 2022 2
Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
Goal 1: Safe and
Resilient Pinole
Strategy 1. Conduct a
citywide asset condition
assessment.

Year 1 Year 5 The City is in the midst of
multiple asset condition
assessments and master
plans. At the end of Year
5, the City will have
current assessments for
all major capital assets.

Strategy 2. Update the
emergency preparedness
and response plan
(including results of the
facilities and equipment
assessment).

Year 1 Year 1 Staff expects to present
the proposed updated
Emergency Operations
Plan (EOP) to the City
Council in FY 2021-22
Q4.

Strategy 3. Explore
restoring the community
emergency response
team (CERT) program
and conducting annual
tabletop exercises and
community drills.

Year 3 Year 3

Staff expects to initiate
and complete this effort
on schedule.

Strategy 4. Review,
prioritize, and implement
as appropriate the 2019
fire service study
recommendations.

Year 1 Year 2
Complete

City staff presented its
assessment of the fire
study and its
recommendations
regarding next steps to
bolster fire service in April
2021. City Council
approved staff’s
recommendations, which
staff is now implementing.

Goal 2: Financially
Stable Pinole
Strategy 1. Develop a
long-term financial plan
(LTFP) and use it to
guide budget and
financial decisions
(including policies
regarding reserves and
management of
liabilities).

Year 1 Year 1

Complete
The City adopted a LTFP
in June 2021. Staff will
present a proposed LTFP
for FY 2022-23 through
2026-27 to the City
Council in FY 2021-22
Q4.
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Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
Strategy 2. Conduct a
comprehensive fee study
to ensure cost recovery of
current and potential
service fees. (Evaluate
implementing an online
payment platform.)
Year 1 Year 2 Staff expects to present
the proposed updated
Master Fee Schedule,
based on the cost
allocation plan and fee
study, to the City Council
in FY 2021-22 Q4. City
staff is exploring various
options for online
payments.

Strategy 3. Establish a
program to evaluate grant
opportunities and
capacity.

Year 2 Year 2 City staff expects
complete this project in
FY 2022-23.

Strategy 4. Explore an
array of revenue
generation opportunities
to recover costs.

Year 2 Year 3 This is an ongoing effort
in which staff is currently
engaged, and of which
the fee study is a
component.

Strategy 5. Develop a
disciplined approach to
funding infrastructure
maintenance and
improvements.

Year 1 Year 5 This is an ongoing effort
in which staff is currently
engaged, and which
involves the asset
condition assessments,
master plans, and annual
capital planning process.

Goal 3: Vibrant and
Beautiful Pinole
Strategy 1. Update the
General Plan and Three
Corridors Specific Plan.

Year 1 Year 4 Staff has begun work to
update these plans. The
City has hired a new
Community Development
Director who will be
overseeing these efforts.

Strategy 2.

Develop/create a
comprehensive strategy
to encourage streamlining
the rehabilitation and reuse of undeveloped or
under-developed
properties.

Year 4 Year 4 Staff expects to initiate
and complete this effort
on schedule.
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Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
Strategy 3. Partner with
regional for- and nonprofit housing
organizations to provide
an array of housing
options consistent with
community income levels.

Year 1 Year 1
Complete
The City has partnered
with nonprofit housing
organizations to explore
and develop affordable
housing projects,
particularly the Satellite
Affordable Housing
Associates (SAHA)
project at 811 San Pablo
Avenue. Staff also
processed an application
for a 179-unit, 100%
affordable senior housing
project at 600 Roble
Avenue called Vista
Woods. Although this is
an ongoing effort, it was
scheduled as a one-year
project in the IAP, and is
therefore marked as
complete.

Strategy 4. Develop a
comprehensive economic
development strategy that
includes a focus on
downtown redevelopment
to activate the core of the
community as a
destination for the region
(including gateway and
wayfinding signage as
well as branding).

Year 1 Year 2 The City engaged a
consultant in September
2021 to prepare an
economic development
strategy for the City. The
consultant is completing
the existing conditions
analysis, and staff
expects the consultant to
complete the strategy in
FY 2021-22.

Strategy 5. Partner
regionally to improve and
enhance transportation
circulation, including
public transit, cars, bikes,
and pedestrians.

Year 2 Year 4 The City is engaged in
several collaborations
with other jurisdictions
and agencies to enhance
transportation. The City
Council appropriated
funding to create an
Active Transportation
Plan; the City received
funding to collaborate
with the County on an
Appian Way complete
streets project; and the
City is requesting that
new development
projects have facilities to
promote transit.
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Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
Strategy 6. Conduct a
review and update of the
City’s code enforcement
and property
maintenance programs
with a focus on increased
beautification efforts and
investment in community
amenities, business
districts, and nuisance
abatement.

Year 1 Year 1

This is an ongoing effort.

City staff is continually
updating code
enforcement policies and
procedures. Investment in
community amenities is a
responsibility of the
capital improvement plan
and the potential creation
of business districts will
be addressed in the
forthcoming economic
development strategy.

Goal 4. High
Performance Pinole
Strategy 1. Develop an
employee attraction,
retention, and
development plan. a.

Analyze the City’s
classification and
compensation system
and update as needed.

Year 1 Year 2

Staff has created a draft
employee attraction,
retention, and
development plan (”talent
management program”),
which it will complete this
fiscal year.

Strategy 2. Conduct a
citywide organization
review to optimize
efficiencies.

Year 1 Year 1

Complete
The City completed a
citywide organizational
review (assessment) in
March 2021.

Strategy 3. Review
citywide implementation
of best practices and
improve processes.

Year 2 Year 5

This is an ongoing effort
in which staff is currently
engaged.

Strategy 4. Develop a
strategic communication
plan (i.e., public
information officer,
messaging, marketing,
technical
implementation).

Year 1 Year 2

Strategy 5. Develop a
public engagement plan.
a. Develop policies
and practices that provide
a framework for diverse
community members to
connect, interact, and
proactively participate.
b. Explore
Year 1 Year 2

The City engaged a
consultant in August 2021
to create a
communication and
engagement plan. The
consultant has conducted
research on current
conditions and is creating
the plan, which staff
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Goal and Strategy Year to
Begin
Strategy
(January
2021 IAP)
Year to
Complete
Strategy
(January
2021 IAP)
FY 2021-22
First Quarter
Status
Notes on Status
opportunities for
meaningful youth
participation in city and
community life.
c. Develop a robust
volunteer and internship
program.
expects will be completed
in FY 2021/22.

Strategy 6. Develop a
comprehensive
information technology
Strategic Plan.

Year 1 Year 1

City staff presented a
draft IT Plan to City
Council in April 2022.

Staff expects to complete
the IT Plan in FY 2021-

22. Strategy 7. Develop an
interagency legislative
advocacy program.

Year 2 Year 2

City staff expects
complete this project in
FY 2022-23.

FISCAL IMPACT
There is no fiscal impact related to receiving this report.

ATTACHMENTS
Attachment A Implementation Action Plan, January 2021
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 1 City of Pinole
Strategic Plan 2020 – 2025
Implementation Action Plan
August 2020
Revised January 2021

ATTACHMENT A
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 2 City of Pinole Strategic Plan 2020 – 2025 Implementation Action Plan (IAP) This Implementation Action Plan is a living document and serves as the blueprint to implement the Strategic Plan. This document is a tool that should be updated on a regular basis.

Management Team members may choose to review progress on a scheduled basis, and periodically report progress to the City Council, employees, and other stakeholders. Prudent implementation requires “circling back” and fine-tuning the plan based on experience. It contains the key steps, prioritization, time frame, team, and success indicators to implement the Strategic Plan elements.

The categories within this IAP are:
o Year to begin the strategy (Year 1, 2, 3, 4, or 5)
o Year 1 is FY 2020-21
o Year 2 is FY 2021-22
o Year 3 is FY 2022-23
o Year 4 is FY 2023-24
o Year 5 is FY 2024-25
o Updated year to begin strategy
o Updated year to complete strategy
o Key implementation steps
o Lead staff position for the strategy
o Other team members involved for the strategy
o Whether resources (dollars or staff time) are available to complete strategy o Success indicators and comments
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 3 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Goal 1: Safe and Resilient Pinole
Strategy 1. Conduct a
citywide asset condition
assessment.

Year 1 Year 1 Year 5 • Acquire asset management software - underway • Complete/review inventory of all city assets
(facilities, property, equipment, etc.)
• Conduct condition assessments
• Review results with Executive Team
• Distribute condition assessment report to staff
• Create Long-Term Capital Asset Management Plan
and integrate with Capital Improvement Plan
Development
Services
Director /
City Engineer
Public Works
Manager,
Senior
Project
Manager
Yes (funding
appropriated
for some
related
expenses,
but not all)
• Establish maintenance
standards
• Report annually on the
condition of city assets
• Create long-term plan
for capital asset
management
Strategy 2. Update the
emergency preparedness
and response plan
(including results of the
facilities and equipment
assessment).

Year 1 Year 1 Year 1 • Review the city’s emergency preparedness and response plan
• Revise/update the plan based on best practices
• Attach the condition assessment report to the
plan
Fire Chief Police Chief Yes (funds in
current
budget for
this project
estimated at
$50,000)
• Publish an updated
Pinole EOP
• Establish tabletop
schedule and track
drills
Strategy 3. Explore
restoring the community
emergency response team
(CERT) program and
conducting annual
tabletop exercises and
community drills.

Year 3 Year 3 Year 3 • Assess and document the city’s needs for the CERT program
• Establish and implement preferred approach (e.g.,
city operated, volunteer-based, partnership with
other agency)
• Identify resources that are needed to restore the
program (funding, staff, training materials,
volunteers, equipment, etc.)
Fire Chief Police Chief Yes • Inventory CERT across
the City
• Schedule and conduct
drills
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 4 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 4. Review,
prioritize, and implement
as appropriate the 2019
fire service study
recommendations.

Year 1 Year 1 Year 2 • Review the results and recommendations of the 2019 fire service study (planned for September
2020)
• Provide City staff recommendations to Council
• Identify resources needed to implement top
priorities
• Develop an implementation action plan for the
recommendations
• Provide updates to implementation
Fire Chief City Manager Yes
(resources
are available
to review the
results and
recommenda
tions, but no
funding has
been
appropriated
to implement
any service
expansions)
• Implementation of
Council-approved
recommendations
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 5 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other
Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Goal 2: Financially Stable Pinole
Strategy 1. Develop a longterm financial plan (LTFP)
and use it to guide budget
and financial decisions
(including policies
regarding reserves and
management of liabilities).

Year 1 Year 1 Year 1 • Create project plan to develop LTFP • Prepare 10-year financial forecast
• Identify budget and organizational strategies for
long-term sustainability
• Engage community (education and strategies,
service levels)
• Engage executive team on developing plan
• Based on best practices, include policies for
managing the city’s reserves and liabilities
• Present LTFP to Council for adoption
Finance
Director
Potential
consultant
support
Executive
Team
Yes • LTFP adopted by council
• Making decisions consistent
with plan
• Report on annual compliance
with financial reserves and
liabilities’ policies
• Ability to live within the
forecast
• Update plan every two years
Strategy 2. Conduct a
comprehensive fee study to
ensure cost recovery of
current and potential
service fees. (Evaluate
implementing an online
payment platform.)
Year 1 Year 1 Year 2 • Collect sample fee schedules from peer agencies • Analyze cost of providing fee-based services
(including completing updated overhead cost
allocation plan and incorporating that data)
• Calculate and document fully burdened in-house
service costs for each fee
• Review and update, if appropriate, the City’s
financial policy on fee-based services and cost
recovery
• Update fees, based on the city’s cost-recovery goals
• Distribute new fee schedule to staff and upload to
the city’s website
Finance
Director
Executive
Team
No (no
funds have
been
appropriate
d for
consulting
services
that will
likely be
needed to
complete
the
strategy)
NOTES:

Development Services – need
nexus study first
Recreation, PCTV
Fire completed
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 6 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other
Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 3. Establish a
program to evaluate grant
opportunities and capacity.

Year 2 Year 2 Year 2 • Determine organizational structure/home and process for evaluating and pursuing grant
opportunities
• Identify priority service areas for pursuing grants
• Determine staff assignments
• Review grant application and administration best
practices
• Develop criteria for determining whether to pursue
grants
• Prepare annual report summarizing grants to pursue
and the status of administration
City
Manager
Executive
Team
Yes • Total dollars awarded
• Administration cost by
percent of total grant
• Grant funded projects
completed
• Monetary value of
benefits/outcomes created
directly by grant and
indirectly as a result of grant
Strategy 4. Explore an array
of revenue generation
opportunities to recover
costs.

Year 2 Year 2 Year 3 • Determine revenue needs to cover city expenditures (see goal 2, strategy 1)
• Identify options (see goal 2, strategy 1 and strategy 2)
• Prioritize pursuit of revenue options
• Determine ease of implementation
• Bring recommendations to Council
Finance
Director
Executive
Team
Yes • Periodically review costs for
services and the percent of
costs recovered through fees
and charges.

Strategy 5. Develop a
disciplined approach to
funding infrastructure
maintenance and
improvements.

Year 3 Year 1 Year 5 • Create Long-Term Capital Asset Management Plan and integrate with Capital Improvement Plan
Developme
nt Services
Director /
City
Engineer
Finance
Director
Yes • CIP implementation
• CIP gaps
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 7 Goal / Strategy
Year to Begin
Strategy
Per Final
August 19,
2020
Updated Year
To Begin
Strategy
Updated Year
To Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Goal 3: Vibrant and Beautiful Pinole
Strategy 1. Update
the General Plan and
Three Corridors
Specific Plan.

Year 1 Year 1 Year 4 • Updating the Housing
Element in FY 2020 – 2021
• Update the residential
housing design guidelines
• Recommend changes as
needed
• Review updates with the
executive team
• Finalize updates
Development
Services Director /
City Engineer
Yes (received a
grant to fund the
Housing Element
and residential
design guidelines
update)
• Adopted plan
documents
Strategy 2.

Develop/create a
comprehensive
strategy to
encourage
streamlining the
rehabilitation and reuse of undeveloped
or under-developed
properties.

Year 4 Year 4 Year 4 • Review current process for
rehabilitating and re-using
undeveloped or
underdeveloped properties
• Identify and remove process
delays and steps that lack
value
• Update city policies as
needed
Development
Services Director /
City Engineer and
Assistant City
Manager
Yes • Track
redevelopment and
reuse timeframes
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 8 Goal / Strategy
Year to Begin
Strategy
Per Final
August 19,
2020
Updated Year
To Begin
Strategy
Updated Year
To Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 3. Partner
with regional for- and
non-profit housing
organizations to
provide an array of
housing options
consistent with
community income
levels.

Year 1 Year 1 Year 1 • Identify and meet with
potential partner housing
organizations
• Collaborate on developing
housing units, both through
financial assistance and
zoning requirements,
consistent with state and
regional targets
• Work closely with
neighborhoods to vet
housing proposals and plan
to construction to ensure
consistency with
neighborhood character.

Development
Services Director /
City Engineer and
Assistant City
Manager
Yes (staff is
available to work
on this strategy,
but the City has
limited financial
resources to
contribute toward
the construction
of new housing)
• Track the number
of new housing
partners
• Track the number
of housing units
created
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Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 9 Goal / Strategy
Year to Begin
Strategy
Per Final
August 19,
2020
Updated Year
To Begin
Strategy
Updated Year
To Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 4. Develop a
comprehensive
economic
development
strategy that
includes a focus on
downtown
redevelopment to
activate the core of
the community as a
destination for the
region (including
gateway and
wayfinding signage
as well as branding).

Year 1 Year 1 Year 2 • Identify the city’s
economic development
lead staff person
• Create project plan to
create economic
development strategy
• Identify the city’s
economic development
goals with City Council and
potential subcommittee
with key partners
(including funding
resources that will be
needed to achieve each
economic development
goal and strategy)
• Document strategies
related to each goal
• Specify ways to enhance
the city’s signage and
branding
Assistant City
Manager
City Manager,
Development
Services Director /
City Engineer, and
Planning Manager
Yes (staff is
available to work
on this strategy,
but no funds have
been appropriated
for consulting
services that might
be needed to
complete the
strategy)
• Track tax dollars
• Track square
footage of business
industry by type
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 10 Goal / Strategy
Year to Begin
Strategy
Per Final
August 19,
2020
Updated Year
To Begin
Strategy
Updated Year
To Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 5. Partner
regionally to improve
and enhance
transportation
circulation, including
public transit, cars,
bikes, and
pedestrians.

Year 2 Year 2 Year 4 • Cultivate and actively
engage partnerships on
bike and ped planning
activities
• Identify the City’s
transportation circulation
goals and review and
update City transportation
and circulation plans as
needed
• Determine how regional
partners can assist with
improvement - MTC,
WCCTAC and WESTCAT
• Evaluate the effectiveness
of these partnerships
• Make adjustments as
needed
Development
Services Director /
City Engineer
Yes Actively involved with
WCCTAC
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City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 11 Goal / Strategy
Year to Begin
Strategy
Per Final
August 19,
2020
Updated Year
To Begin
Strategy
Updated Year
To Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success Indicators
and Comments
Strategy 6. Conduct a
review and update of
the City’s code
enforcement and
property
maintenance
programs with a
focus on increased
beautification efforts
and investment in
community
amenities, business
districts, and
nuisance abatement.

Year 1 Year 1 Year 1 • Review the city’s code
enforcement and property
maintenance programs
• Develop recommendations
including proactive
enforcement based on
Council priorities
• Prioritize the rental
property maintenance
program and inspection
process
• Review recommended
updates with the executive
team
• Finalize updates
• Communicate updates to
staff and the public
Planning Manager City Attorney Yes (new FTE
approved by
Council in FY 2019-
2020)
• Track complaints
• Track number of
blighted properties
improved
• Develop and track
business district
condition
inventories
• Timeframe to open
and close a case
(determine metric
and close cases in a
timely fashion)
221 of 246
City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 12 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success
Indicators
and Comments
Goal 4. High Performance Pinole
Strategy 1. Develop an
employee attraction,
retention, and
development plan.
a. Analyze the
City’s
classification and
compensation
system and
update as
needed.

Year 1 Year 1 Year 2 • Create project plan to create
employee attraction, retention, and
development plan
• Consider incorporation of succession
planning component
• Document the city’s goals for
employee attraction, retention, and
development
• Identify strategies to attract and
retain talent
• Identify what works in departments
• Develop key performance indicators
to track success
• Monitor and report on results
• Conduct a citywide classification and
compensation study
• Identify compensation
improvements and prioritize
recommendations
• Evaluate compensation
recommendations against the LTFP
Human Resources
Director
Executive Team Yes • Workforce
satisfaction
and
productivity
222 of 246
City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 13 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success
Indicators
and Comments
Strategy 2. Conduct a
citywide organization
review to optimize
efficiencies.

Year 1 Year 1 Year 1 • Solicit proposals from qualified consultants
• Conduct a citywide organizational
review
• Analyze organizational structure,
breadth of City activities, staffing and
resource levels, and span of control
• Identify opportunities to streamline
operations, and optimize efficiency
and effectiveness
• Distribute results to staff
• Prioritize recommendations
• Implement changes
City Manager Consultant No (no funds have
been appropriated
for consulting
services that will
likely be needed to
complete the
strategy)
• Implement
recommended
changes
Strategy 3. Review
citywide implementation
of best practices and
improve processes.

Year 2 Year 2 Year 5 • Establish framework through which all City activities and each
department’s policies, procedures,
and services are reviewed on a
recurring basis relative to best
practices and improvement
opportunities
• Identify and prioritize policies and
procedures to review and update
(dept/citywide)
City Manager Executive Team Yes • Document and
track
efficiencies
• Ongoing –
touches all
areas (i.e.
personnel
rules). Share
and report on
updates as
occurs.
223 of 246
City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 14 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success
Indicators
and Comments
Strategy 4. Develop a
strategic communication
plan (i.e., public
information officer,
messaging, marketing,
technical implementation).

Year 1 Year 1 Year 2 • Define the purpose and goals of a communication plan
• Assign staff to create communication
plan
• Solicit input from key stakeholder
groups (internal and external)
• Create draft plan and review the plan
with city leadership
• Adopt the plan
• Distribute the plan to city staff
City Manager Development
Services Director /
City Engineer’s
team and an
analyst
(PD to implement
plan to start)
Yes • Track “good”
news stories
• Survey the
community
about their
knowledge City
information
224 of 246
City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 15 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success
Indicators
and Comments
Strategy 5. Develop a publi
engagement plan.
a. Develop policies
and practices
that provide a
framework for
diverse
community
members to
connect,
interact, and
proactively
participate.
b. Explore
opportunities for
meaningful
youth
participation in
city and
community life.
c. Develop a robust
volunteer and
internship
program.

Year 1 Year 1 Year 2 • Create project plan to create
engagement plan
• Review existing tools and
engagement practices
• Establish a policy adopting public
engagement principles
• Develop a volunteer and youth
engagement approach
• Implement engagement across the
organization based on the principles
City Manager City Clerk Yes • Track number
of participants
and hours of
public
engagement
annually.
225 of 246
City of Pinole
Strategic Plan 2020 – 2025 Implementation Action Plan Management Partners 16 Goal / Strategy
Year to
Begin
Strategy
Per Final
August 19,
2020
Updated
Year To
Begin
Strategy
Updated
Year To
Complete
Strategy Key Implementation Steps
Lead Staff
Position
Other Team
Members
Involved
Resources
Available
(Yes/No)
Success
Indicators
and Comments
Strategy 6. Develop a
comprehensive information
technology Strategic Plan.

Year 1 Year 1 Year 1 • Assess the city’s current use of technology
• Obtain feedback from city staff
about technology needs (through
surveys, focus groups, etc.)
• List the most critical challenges
facing the city, to determine
technological priorities
• Research possible solutions and
associated costs for each priority
• Document priorities, solutions (both
products to purchase and services
to outsource), and costs
• Review the technology plan with
staff
Assistant City
Manager
IT service providers Yes • Implementati
on of IT Plan
recommendat
ions (Note:

Plan will have
a 3-5-year
timeframe)
Strategy 7. Develop an
interagency legislative
advocacy program.

Year 2 Year 2 Year 2 • Identify the City’s legislative policy goals on an annual basis
• Work with a lobbyist and implement
legislative priorities consistent with
the City’s interests and Strategic
Plan
• Monitor results
City Manager Yes • Track
legislation
opposed and
supported
annually.
226 of 246

CITY COUNCIL
REPORT
9G
DATE: MAY 3, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: 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 the City Council waive the second reading and adopt an ordinance adding Chapter 2.60 to the Pinole Municipal Code adopting and approving the Pinole Police Department’s proposed military equipment use policy in compliance with AB 481.

BACKGROUND
California Assembly Bill (AB) 481 (Government Code §7070 et seq.) requires the Pinole Police Department obtain City Council approval of a military equipment use policy by ordinance before purchasing, raising funds for, acquiring or using "military equipment" as defined in Government Code §7070(c).

In compliance with AB 481, the Department submitted a proposed Military Equipment Funding, Acquisition and Use Policy, Policy 707 (“Policy”) to City Council and released the Policy to the community via its webpage on March 18, 2022, at least thirty (30) days prior to City Council’s consideration of the Agenda Item in compliance with Government Code §7071 (b). A public hearing was then held within thirty (30) days on April 19, 2022 in compliance with Government Code §7072 (b).

At its regularly scheduled meeting on April 19th, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance to add Chapter

2.60 to the Pinole Municipal Code adopting the Policy in compliance with AB 481. Four councilmembers voted affirmatively, and one councilmember abstained. The purpose of the proposed ordinance is to confirm City Council’s approval of the proposed Policy.

If approved on second read, the ordinance and policy will go into effect in thirty (30) days.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the ordinance. 227 of 246
City Council Report
May 3, 2022

ATTACHMENTS
A. April 19, 2022 Staff Report with attached Ordinance and Military Equipment Use Policy
228 of 246

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 481 229 of 246
City Council Report
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. 230 of 246
City Council Report
April 19, 2022 3

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. 231 of 246
City Council Report
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
232 of 246

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;
233 of 246
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. 234 of 246
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)
235 of 246
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. 238 of 246
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 239 of 246
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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 - 4
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. 240 of 246
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Military Equipment Pinole Police Department
Final 4_2022.pdf - 6
Military Equipment Pinole Police
Department Final 4_2022.pdf
Military Equipment Pinole Police Department Final 4_2022.pdf

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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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
Finalized: April 13, 2022
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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AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
Finalized: April 13, 2022
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 245 of 246
AB 481 Qualifying Equipment Inventory: Pinole Police Department Pinole Police Department
Finalized: April 13, 2022
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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Pinole City CouncilMay 3, 2022

Pinole City Council
May 3, 2022