Pinole City Council
July 5, 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
July 5, 2022
6:00 P.M
Please note: HYBRID MEETING FORMAT
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
Gov. Code § 54956.9 (d)(1)
Name of Case: City of Pinole et al. v. PG&E

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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8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
None
B. Presentations
None

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 June 21, 2022 Regular Meeting B. Receive the June 17, 2022 -July 1, 2022 List of Warrants in the Amount of $985,966.59 and the June 24, 2022 Payroll in the Amount of $483,801.44 C. Resolution Continuing Authorized Remote Teleconference Meetings Pursuant to AB 361 [Action: Adopt Resolution per Staff Recommendation (Casher)] D. Adopt A Resolution Approving a Revised Compensation and Benefits Plan for Management and Confidential Employees [Action: Adopt Resolution per Staff Recommendation (Shell)]
E. Adopt a Resolution Approving Side Letter Agreements to the Memorandums of Understanding (MOU) Between the City and AFSME Local 1 and Local 512 to Amend Article II – Recognition and Attachment A – Salary Schedule [Action:

Adopt Resolution per Staff Recommendation (Shell)]
F. Ordinance Amending Chapter 12.04 “Street Excavations” of the City of Pinole Municipal Code and Adding Permitting Procedures, Insurance Requirements, Construction Standards and Pavement Restoration Guide for Encroachments into Public Right-Of-Way [Action: Adopt Resolution per Staff Recommendation (Casher)]
G. Resolution Approving an Amendment to the On-Call Contract With 4Leaf, Inc. to Add a Task Order and Increase the Budget for Building Inspector and Building Official Services by $108,855 [Action: Adopt Resolution per Staff Recommendation (Whalen)]

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 Public Hearing and Adopt a Resolution Confirming the Assessments and Ordering the Levy for the Pinole Valley Road Landscape and lighting Assessment District for Fiscal Year 2022/2023 [Action: Conduct Public Hearing and Adopt Resolution per Staff Recommendation (Mishra)]
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11. OLD BUSINESS
A. Update On Proposed CONFIRE Service Contract and Station 74 Reopening [Action: Receive Report (Wynkoop)]

12. NEW BUSINESS
None

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 July 12, 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: June 30, 2022 at 4:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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Minutes – June 21, 2022

CITY COUNCIL MEETING

MINUTES
June 21, 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 5:00 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
B. STAFF PRESENT
Andrew Murray, City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Stephanie Downs, City Attorney’s Office
Markisha Guillory, Finance Director
Sanjay Mishra, Public Works Director
Lilly Whalen, Community Development Director
Misha Kaur, Capital Improvement and Environmental Program Manager Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, June 16, 2022 at 4:00 p.m. with all legally required written notices. Written correspondence had been received in advance of the meeting, distributed to the City Council and posted on the City website.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 9A
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City Attorney Eric Casher reported the City Council had received written correspondence indicating there could be a conflict of interest related to Item 9D. He had advised the City Council members referenced in the letter that based on the facts and in his opinion, there was no conflict of interest that would prohibit or prevent any of those Council members from participating in the discussion of Item 9D, and this opinion was consistent with a legal opinion provided by the Fair Political Practices Commission (FPPC) on the same issue.

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 LABOR NEGOTIATORS
Pursuant to Gov. Code § 54957.6
Agency designated representatives: City Manager Murray, City Attorney Casher, Human Resources Director Shell and Greg Ramirez (IEDA)
Employee organization: AFSME, Local 1
Unrepresented employees: Management Compensation Plan

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, was interested in learning more about the Closed Session item.

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 5:49 p.m., Mayor Salimi reconvened the meeting into open session and announced there was no reportable action from the 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
Roxane Stone, Deputy City Clerk reported there were no public comments.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
None
B. Mayoral & Council Appointments
None
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C. City Council Committee Reports & Communications
Council member Martinez-Rubin reported she had attended the League of California Cities Revenue and Taxation Policy Committee as Chair and briefed the Council on the discussion of two ballot measures to be considered for the November 2022 ballot.

Mayor Pro Tem Murphy welcomed Ike’s Love and Sandwiches to the community.

Council member Toms reported she had attended the League of California Cities Policy Committee for Housing and Economic Development and briefed the Council on the discussions of reforms to state housing laws and possible economic development funding from the East Bay Economic Development Alliance (EDA). She had also attended the Association of Bay Area Governments (ABAG) General Assembly and briefed the Council on the discussion on housing and ABAG’s potential sponsorship of a regional ballot measure in 2024 for a bond measure to support housing. She had also attended the Regional Fire Safety Mitigation Program Subcommittee and briefed the Council on the discussions of moving forward with a Memorandum of Understanding (MOU) and continuation of meetings with elected officials in Alameda and Contra Costa County to move forward the fire codes that all jurisdictions must adopt by January 2023.

Council member Toms added the law enforcement community would carry the Special Olympic torch through the City of Pinole on San Pablo Avenue starting around 8:45 a.m. on June 22, 2022, with the Summer Special Olympics to be held in Santa Clara.

D. Council Requests for Future Agenda Items
Council member Martinez-Rubin requested a future agenda item for the City Council to have a discussion with the West Contra Costa Unified School District (WCCUSD) about the possibility of future funding of School Resource Officers (SROs) on campus. Consensus given.

E. City Manager Report / Department Staff
City Manager Andrew Murray thanked the members of the community who had participated in the recent Community Service Day that included a memorial for former City employee Dean Allison; detailed upcoming community events including the Pinole Car Show and Fourth of July celebration with a fireworks display in collaboration with the City of Hercules; and provided a preview of potential agenda items for the July 5 and July 12, 2022 City Council meetings.

F. City Attorney Report
None

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, requested a future agenda item for a representative from the WCCUSD to provide an update on SROs; consideration of a consultant to provide diversity, equity and inclusion and suggested that CPS HR Consulting be considered; and asked that the City of Pinole extend an invitation to Sabrina Landreth, General Manager, East Bay Regional Park District (EBRPD) to provide an update on how COVID-19 had impacted park services. 8 of 165
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PUBLIC COMMENTS CLOSED
Mayor Salimi re-opened public comment for Item 6, Citizens to be Heard at this time.

Debbie Long, Pinole, reported that in 2007, 2008 and 2009, the then-City Manager had hired a number of new employees which had impacted the City’s budget, and which was still impacting the budget. In 2010 as part of cutbacks, Fire Station No. 74 had to be closed for the City to avoid bankruptcy. She understood the City Council was working on details for a labor contract with the Contra Costa County Fire Protection District (Con Fire) related to the reopening of Fire Station No. 74. She had been contacted by individuals who were part of Fire Chief Wynkoop’s presentation and expressed concern the Fire Chief did not fully understand the budget. She highlighted the current 2022/23 budget for the reopening of Fire Station No. 74 and stated the budget would have to be doubled if a second fire station were to open. She suggested there could be a significant shortfall of $1.1 million not including unfunded California Public Employees’ Retirement System (CalPERS) liability. She asked the City Council to consider the discussion of a contract with Con Fire and preferred that the City Council explore a partnership with the RodeoHercules Fire Department or a total annexation with Con Fire, which options had not been discussed and which would be more equitable in terms of risk. She asked the City Council to consider a Town Hall meeting to discuss those issues and not limit the public to only three minutes.

Mayor Salimi advised that staff would provide a response to Ms. Long’s comments offline.

8. RECOGNITIONS / PRESENTATIONS / COMMNUNITY ANNOUNCEMENTS A. Proclamations
None
B. Presentations / Recognitions

1. Presentation by City of Hayward on the Recycled Water Program

Public Works Director Sanjay Mishra introduced Cheryl Munoz, Water Resources Manager and Suzan England, Utilities Engineering Manager for the City of Hayward who would be making a presentation on the City of Hayward’s Recycled Water Program. He expressed his appreciation to the City of Hayward’s City Manager and Public Works Director for making the presentation possible.

Cheryl Munoz, Water Resources Manager, City of Hayward and Suzan England, Utilities Engineering Manager provided a PowerPoint presentation of the City of Hayward Recycled Water Project, which included an overview of the utility services provided by the City of Hayward including water, sewer collection and wastewater treatment services. The objective of the Recycled Water Project was to enhance the sustainability of the City’s drinking water supply, help meet the City’s long-term water needs by using recycled water, with a mix of water sources helping to protect the City from potential disruptions due to emergencies or natural disasters, provide resilience during periods of drought and address issues such as climate uncertainty, regulatory changes and population growth.
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The background and development of the Hayward Recycled Water Project was provided and included Phase 1 details, project costs and funding sources. Photographs of the storage tank, pump station, and treatment facility were also provided as were customer retrofits and the requirements of the State Recycled Water Permit. As it moved forward, the City of Hayward would continue to provide technical assistance to its customers as needed, work with additional potential Phase 1 customers, and begin preparing a Recycled Water Master Plan to identify infrastructure expansion needs, pipeline routes, customers and cost estimates for future phases of the project.

PUBLIC COMMENTS OPENED
Debbie Long, Pinole, suggested that while the presentation provided viable solutions, she recalled in 2010 when this topic had last been discussed that the City Council at that time had been informed the water belonged to the East Bay Municipal Utility District (EBMUD). She asked whether that remained true today.

Public Works Director Mishra advised that EBMUD was the purveyor of the City’s water, although because the recycled water system was so vast it was possible that EBMUD would help the City do its own Recycled Water Program. He acknowledged he had not discussed that issue with EBMUD.

City Manager Murray clarified the item was not an action item but a presentation. The City Council had provided relevant direction already with a project in the Capital Improvement Plan (CIP) for a Recycled Water Feasibility Study. If the CIP was approved by the City Council as part of the Consent Calendar, direction would be provided to staff to conduct that assessment.

PUBLIC COMMENTS CLOSED
Council member Martinez-Rubin asked whether the intent was that the Pinole-Hercules Wastewater Treatment Plant would eventually recycle water. She also asked of the financing alternatives the City of Hayward had sought and requested clarification from the inception of the City of Hayward’s Recycled Water Program and its start date, which appeared to be a 15-year period. She asked if that was a typical timeframe between feasibility study and actual delivery of water and requested more details about the later phases of the Hayward Recycled Water Program.

Public Works Director Mishra clarified the Pinole-Hercules Wastewater Treatment Plant had tight space and providing potable water from that facility was not feasible. The intent was for the City of Pinole to determine the feasibility of a recycled water facility on a small scale, which was why Pinole staff had been interested in Hayward’s program. He noted that the cities of Hercules, Pinole and Rodeo may work together to find a facility near Rodeo where the treated water was being sent prior to going to the Bay but at this time staff had not explored an alternative site. Once done, a feasibility study would provide guidance on financing options and would scope out grant opportunities. As such, it was possible the process may end up being faster than what the City of Hayward had experienced.

Ms. Munoz and Ms. England again detailed the financing options Hayward had explored; reiterated that Hayward had received a loan and a grant for its project totaling $21,500,000; and acknowledged that federal funding had not worked out in Hayward’s case. 10 of 165
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Both pointed out that the use of recycled water had not been a big driver in 2007 at the time the project had first started but the intervening years of drought had made recycled water projects a priority.

Mayor Pro Tem Murphy again clarified with Ms. Munoz and Ms. England the Hayward Recycled Water Program Phase 1 details. Both reported that feedback from their customers had identified the main concern as water quality. Hayward’s customers had been very supportive of the project given its reliable supply. Hayward’s customer management process was also highlighted where customers were encouraged to contact the City with any concerns.

Council member Toms again clarified with Ms. Munoz the financing details of the loan for the Hayward Recycled Water Program and was informed that Hayward was in the process of repaying the one percent interest loan with rates established in 2019. It was noted that 100 percent of the costs including staff time, maintenance, supplies, capital replacement and debt service were expected to be recovered from customers. A return on investment had not been done as yet and would be revisited in 2023 when Hayward’s rate structure would be revisited. It was also clarified that customers were currently using the recycled water for landscape irrigation, but Hayward was in conversations with industrial customers interested in using the recycled water for processing purposes.

Council member Tave clarified with Ms. England and Ms. Munoz the average dry weather flow from Hayward’s Recycled Water Program was around 11 million gallons per day; chemical costs had not been reduced since the same types of chemicals were being used; and the footprint of the recycled water plant was around 300 feet by 400 feet with significant open space between for access roads and the like. The existing rates had been established in 2019, a rate analysis would be done in 2023, and the general operating cost for the plant could be provided to the City Council if desired. It was also clarified that the ability to use recycled water for firefighting purposes had been discussed and would be revisited as part of the Master Planning process.

Council member Martinez-Rubin further clarified with Ms. Munoz the different phases for the project in the future may include continuation of the pipeline through Hayward’s commercial/industrial base and inclusion of parks and schools, all depending on how much they wanted to spend.

The City Council expressed its sincere appreciation to the City of Hayward staff for the presentation.

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.

A. Approve the Minutes of the May 31, 2022 Special Meeting and the June 7, 2022 Regular Meeting.
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B. Receive the June 3, 2022 – June 16, 2022 List of Warrants in the Amount of $1,536,275.67 and the June 10, 2022 Payroll in the Amount of $630,094.70 ($526,422.44 Regular Payroll and $103,672.26 PD/Fire Holiday Pay C. Final Proposed Fiscal Year (FY) 2022/23 Operating and Capital Budget [Action:

Adopt Resolution per Staff Recommendation (Guillory)]
D. Final Proposed Capital Improvement Plan for Fiscal Years 2022/23 Through 2026/27 [Action: Adopt Resolution per Staff Recommendation (Mishra)] E. Resolution Approving the Final Proposed Long-Term Financial Plan for Fiscal Year (FY) 2022/23 – 2026/27 [Action: Adopt Resolution per Staff Recommendation (Guillory)]
F. Adopt Resolution Establishing the Fiscal Year (FY) 2022/23 Appropriations Limit [Action: Adopt Resolution per Staff Recommendation (Guillory)] G. Call Election for City Council Seats, Request Consolidation of the Pinole Municipal Election on November 8, 2022, with Contra Costa County, and Set Specifications of the Election Order [Action: Adopt Resolution per Staff Recommendation (Bell)]
H. Resolution Approving an Amendment to the Agreement with RSG to Extend the Contract Term and Increase the Budget By $10,000 for Affordable Housing Monitoring, Compliance and Reporting, and Appropriating Funding from the Housing Successor Fund for this Purpose (Action: Adopt Resolution per Staff Recommendation (Whalen)]
I. Resolution Authorizing the Adoption of the First Amendment to the Tri-City Dispatch Agreement [Action: Adopt Resolution per Staff Recommendation (Casher)]
J. Adopt a Resolution to Adopt a List of Projects for Fiscal Year 2022/23 Funded by SB1: The Road Repair and Accountability Act of 2017 [Action: Adopt Resolution per Staff Recommendation (Mishra)]

PUBLIC COMMENTS OPENED
Cordell Hindler, Richmond, referenced Item 9A, and expressed disappointment his voice had not been heard since he had to wait until almost midnight to provide public comments, which he suggested was unfair. As a result, he provided written comments to the City Clerk of the comments he planned to provide at that time. As to Item 9C, he expressed concern with the lack of a traffic analysis as it related to businesses along the Pinole Valley Road Corridor and questioned new businesses coming to Pinole given potential impacts.

Irma Ruport, Pinole, referenced Item 9C, and questioned the appropriation for the Faria House renovations. She recommended the building be sold as-is or the Faria House be placed on a future ballot. She questioned using money on a losing project and suggested this agenda item should be continued to a later date.
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Ms. Ruport also spoke to the City’s organizational structure and reminded the City Council that residents of Pinole were in charge, voted for Council members and any time a decision was made it affected residents. She also commented that every year the City received an excellence award for its budget and asked when the City had last conducted a forensic audit and suggested it was time that was done. As to Item 9D, she questioned the appropriation of funds for the unfunded Faria House renovations, a project that had been discussed in the past. The City did not have the money for this project, it was not a priority, the building was vacant, the country was heading into a recession, and she asked that the appropriation of funds be removed, and the item be removed from the CIP. Additionally, she understood including an unfunded project in the CIP would result in removing another project and she asked what project had been removed in place of the Faria House renovations. She urged the City Council to remove the Faria House from the CIP, wait a few months and let the taxpayers decide.

Debbie Long, Pinole, speaking to Item 9C stated the summaries of the General Fund revenues and expenditures should have two additional line items for the 2006 and 2014 Measure S accounts. While there was a summary in another part of the document, it appeared to be hidden at a time when transparency should be honored. Also, Measure S 2014 had shown $718,000 being appropriated to General Government, Sewer Fund and Planning. She asked what the numbers were comprised of. She also referenced the 115 Pension Trust and asked how it was to be used. The Trust had been established to make up the difference when CalPERS had miscalculated its interest earnings and she offered examples noting that the Trust had been established to cover any gap so that the General Fund was not adversely impacted.

Ms. Long commented the current City Manager had stated that 2018/19 was a base year and any additional increase in CalPERS including all new employee pension costs could be taken out of the Trust. Having spoken to every Council member who had been involved in the establishment of the Trust as well as the City Manager at the time, who all remembered it the same way, while it was not illegal to use the Trust as a pension slush fund that was not the intent of the Trust. She noted that actuarial work had been done and it was anticipated the Trust would last if used as gap funding until 2034.

Ms. Long went on to comment that if the proposed budget was structurally imbalanced, City policy was that staff be directed to create a structurally balanced budget for the subsequent fiscal year, and absent misusing the 115 Pension Trust the budget would be structurally imbalanced. She requested that efficiencies and expenditures be reviewed sooner than later, and the City Council refer to the use of the 115 Pension Trust in 2018. If that was not done, she suggested it was proof that what had been promised today could not be counted on by future City Councils.

Rafael Menis, Pinole, speaking to Item 9C, explained that a broken out variant of the Measure S funds had been shown on Page 114 of the agenda packet and Page 46 of the budget document itself, which had highlighted the expenditures and revenues for Measure S funds. He praised Finance Department staff for the chart shown on Page 3 of the budget document and Page 59 of the agenda packet, which included a high level overview of the City’s budget in a simplified version. He also commended the information for expenditures by category and department in the breakdown shown on Page 101 of the agenda packet. As to the revenue shown for PCTV on

numbers shown. For Page 110 of the agenda packet, he pointed out the increase in capital expenditures across funds and cited the non-departmental category. 13 of 165
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As to Item 9D, Mr. Menis expressed concern with the recommendation to defer the Storm Drain Master Plan to future years. He asked whether there was any way for the City to restructure the CIP to allow the project to move forward and take place in its original timeframe, which should be a priority. As to Item 9E, he spoke to Page 423 of the agenda packet and cited the core liabilities the City was facing, as shown, and the fact the City was conducting an Asset Assessment Study.

Mayor Salimi advised that the technical questions Mr. Menis raised would be answered by staff offline. He understood that staff had expressed a willingness to meet with Ms. Long to discuss her concerns with respect to the 115 Pension Trust.

Finance Director Markisha Guillory confirmed that staff would be happy to meet with Ms. Long to discuss the 115 Pension Trust further and staff could prepare an information memorandum for the benefit of the City Council and the public on the details of the Trust.

PUBLIC COMMENTS CLOSED
Mayor Pro Tem Murphy referenced Item 9D and asked why no defined funding source had been identified for the Storm Drain Master Plan. He was informed by Misha Kaur, Capital Improvement and Environmental Program Manager, that Measure S funds supported the Storm Drain Master Plan. The project was not recommended for removal from the CIP but had been deferred into the next fiscal year. The summary sheet had shown no funding source since the funding sources were only shown for projects planned for the next fiscal year. The project would be funded via Measure S funds.

Council member Martinez-Rubin requested a revision to Item 9A as follows:

To the last sentence of the fourth paragraph on Page 14 of the June 7, 2022 City Council Meeting Minutes (Page 29 of 689 of the agenda packet), to read:

She [Council member Martinez-Rubin] suggested the City Council not move forward with the options on which staff was seeking direction from Council.

And to the first sentence of the fifth paragraph of Page 14 (Page 29 of 689 of the agenda packet) to read:

Council member Toms agreed the City Council should not move forward with the staff options as outlined, but if three Council members decided to continue that was not such a bad thing since it would provide education for finding a solution, which she suggested would not be found through this process.

ACTION: Motion by Council members Martinez-Rubin/Toms to approve Consent Calendar Items 9A through 9J, as shown, and with Item 9A as modified.

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

Absent: None
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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.

Mayor Salimi requested the public hearings be taken out of order and the City Council consider Item 10C prior to Item 10A.

C. Resolution Adopting Updated User and Regulatory Fees [Action: Adopt Resolution per Staff Recommendation (Guillory)]
Finance Director Guillory introduced Jeanette Hahn with ClearSource Financial Consulting, the consultant who had assisted staff with the Fee Study, which covered a number of areas for the costs of services and analysis for providing various services in the area of planning, building, engineering, recreation, code enforcement, police, fire and some administrative areas but did not include taxes or fines that were based on the Pinole Municipal Code (PMC), or Development Impact Fees to be studied separately through a future Nexus Study.

Jeanette Hahn, ClearSource Financial Consulting, provided a PowerPoint presentation on the City of Pinole User and Regulatory Fee Update, which included an overview of the project background. She noted that the City maintained a Master Fee Schedule and identified the applicable fees for various City services, which fees had been reviewed and updated periodically.

The City collected fees and charges for governmental services performed at the request of, or specifically for, a particular individual, business or group as opposed to services performed for the community as a whole. Communities used their tax revenues to fund services that provided general community-wide benefit and communities used fees and charges (direct recovery) to fund services that provided direct benefit.

The types of fees that had been examined were identified, municipal fees were clarified, and fees that had not been examined as part of the study included Development Impact Fees, taxes, assessments, fines or penalties, franchise fees and utility rates and services charges. The City Council had the authority to directly approve user and regulatory fees and to increase fees.

Ms. Hahn highlighted municipal fees in California, terms consistently used for cost recovery analysis and fee setting, cost of service, cost recovery and subsidy, cost recovery framework, alignment to the City’s mission and goals, and an overview of the proposed updates to the user and regulatory fees including proposed fee changes for Fiscal Year (FY) 2022/23. All information had been included in the June 21, 2022 staff report. If the City Council adopted the fees changes, as proposed, the changes would become effective on September 1, 2022.

PUBLIC HEARING OPENED
Guy Houston, Pinole, representing MRK Partners and California Gold Advocacy Group, thanked the City Council for making this project a priority. He emphasized the importance of Pinole being competitive with its neighbors and the updated user and regulatory fees would allow Pinole to be competitive with Alameda and Contra Costa County while also removing any nexus issues related to Assembly Bill (AB) 1600 that would open the City to litigation by having fees out of the normal 15 of 165
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range. He commended City staff and the consultants for the presentation and the City Council for making this happen.

Rafael Menis, Pinole, understood the intent of the update to the user and regulatory fees, although he found a marked decrease in the building permit and plan review fees as they went up in scale and a slight increase for the lower end of the scale. He understood the fees had been scaled as such since the higher fees were not linked directly to the City’s overall costs, but it seemed to be a mismatch in the report which should be clarified. He also asked how the City had recovered 171 percent of its costs for “address adjustment.” For permit type “rooftop heliport,” he asked whether the City would grant such a permit or whether it had been included as part of Con Fire permits. He also spoke to the renewal and amendment fees for concealed weapon permits which had decreased and asked whether that was related to different court cases regarding constitutional views on concealed weapon rights or some other reason.

City Manager Murray advised that the Finance Director would get back to Mr. Menis with a response to the more technical questions.

PUBLIC HEARING CLOSED
In response to Council member Toms, Community Development Director Lilly Whalen clarified deposit-based submittals where an applicant would be required to enter into a Reimbursement Agreement, with the work to be billed to the applicant.

Council member Tave requested further clarification of the deposit-based submittals and Ms.

Hahn explained where fees were restructured to remove deposits was because the variability of that happening was low and setting an average unit cost for the fee was acceptable. Where there was concern for high variability, staff had recommended that those deposits remain. She clarified the industry did not intend to make money off of the fees, it was intended to be cost-based. Fees were not based on comparisons, nor should someone else’s fee schedule be adopted, and while it had been common for that to happen in the past the intent was to make the fee structure for Pinole fit the City’s costs and practices.

Mayor Pro Tem Murphy understood Development Impact Fees had not been part of this study although would be part of a future Nexus Study, and there had been a recommendation to increase those fees by 15 percent and he asked staff to provide clarification.

Finance Director Guillory explained that a Nexus Study would be required for the Development Impact Fees and that study would look at the cost of services versus the estimated impact of new development. A Request for Proposal (RFP) was due to be released in July 2022 to engage a consultant to review the City’s Development Impact Fees, with the completion date for the work to be outlined in the RFP. Pursuant to the PMC, staff had reviewed the changes in the cost index over the last 12 months from April 2021 to March 2022, which equated to about 15 percent. Staff had applied 15 percent to the current development fees and what staff had recommended as part of the updated fee schedule. She also clarified, when asked, that PCTV fees had been referenced in the staff report but had not been part of this study, and would be evaluated separately as part of the PCTV Master Plan, to be added to the Fee Schedule in the near future. 16 of 165
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Ms. Hahn added that Nexus Studies for Development Impact Fees may take upwards of 150 to 280 days before it could be brought to the Council depending on the data accessibility and condition of the planning information required to develop the study.

In response to Council member Martinez-Rubin, Ms. Hahn explained the intent was to propose fees based on the most currently available costs, whether a prospective budget or available actual, and in this case, fees had been based on the City’s prospective budget. The consultant’s recommendation would be to keep the fees in-line with the regional Consumer Price Index (CPI) between comprehensive studies, a reasonable and generally accepted approach to moving forward. Significant changes on how services were provided or whether the City’s practices were to change would be when a particular department had been studied at a more detailed level.

Generally, if a massive change was not seen the City would not likely see another comprehensive cost analysis for another three to five years other than recommending the City keep pace with inflation between those studies.

City Manager Murray commented, when asked by Council member Martinez-Rubin, that he would not suggest there was a consistent relationship between providing services in-house as opposed to using consultants and the total cost for those services, but it was true there had been an increase in staff in certain areas to take on services that consultants had provided in the past to provide more continuous and consistent City services. Significantly changing the service level or service model may trigger a focused fee study for that service area, otherwise mimicking increases in general price levels as allowed by the PMC between comprehensive studies had been done every five years.

The City Council thanked the consultant and staff for working to bring the City’s fees into alignment.

ACTION: Motion by Mayor Pro Tem Murphy/Council member Tave to adopt a Resolution Updating and Establishing User and Regulatory Fees with the fees to become effective September 1, 2022.

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

Absent: None
Mayor Salimi moved on to agenda item 12A since another consultant was present, with the City Council to return to the remaining public hearings after the completion of Item 12A.

12. NEW BUSINESS
A. Overview of Public Banking and Provide Direction to City Staff [Action: Receive Report and provide Direction (Whalen)]
Community Development Director Whalen presented the staff report and asked the City Council to receive the presentation from Global Investment Company (GIC), which would provide an overview of the public banking in California and provide direction to City staff to take the next steps to explore establishing a public bank in Pinole.
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Cathy Jackson-Gent, Chief Executive Officer (CEO), GIC, provided a PowerPoint presentation which included an overview of GIC, a registered investment advisor licensed for over 26 years that had assisted individuals, small businesses, nonprofits and municipalities. She defined public banking as a corporation organized as either a nonprofit mutual benefit corporation or a nonprofit mutual benefit corporation for engaging in the commercial banking business or industrial banking business that is wholly owned by a local agency, as specified, local agencies or a Joint Powers Agency (JPA). The presentation included a brief video on public banking.

Commons goals related to a public bank included cutting infrastructure costs, spurring economic growth, saving money and generating revenue. Sample goals were provided along with relevant public banking timelines from the foundation of the Bank of North Dakota in 1919 to other public banking timelines and legislation related to public banking through 2022. Public banking efforts in which GIC had been involved and the establishment of the California Public Banking Alliance (CPBA) were highlighted. In addition, a map was displayed to show the activities in public banking throughout cities and states along with new legislation where over 25 initiatives for public banks were being pursued.

An overview describing AB 1177, California Public Banking Option, the first bill in the nation guaranteeing universal banking access created a new retail banking option provided by the State of California, and AB 857, the Public Banking Act and other pending legislation for House of Representatives (HR) 8721, Public Banking Act 2000 was presented. Public banking oversight through the California Department of Business Oversight, now the Department of Financial Protection and Innovation (DFPI) and other public banking oversight criteria were all highlighted.

Ms. Jackson-Gent walked through the requirements to start a public bank through AB 857, the prohibitions as part of AB 857, and the numerous benefits and challenges of a public bank. She explained that the Council should consider whether a public bank was right for the City of Pinole, and described a number of factors to consider such as investment in economic development, creation of jobs, potential new revenue sources, debt repayments, additional shared resources, collaboration with other jurisdictions and intermediaries, and cannabis banking in the future. A decision tree was also detailed to determine whether the City of Pinole desired a public bank.

Even if the City decided not to move forward with a public bank, she suggested it may consider utilizing some of the other public bank programs that had already been created.

Ms. Jackson-Gent explained that the primary reason for the feasibility study was to determine whether a public bank was feasible, whether it could include cannabis banking and to interview stakeholders. She described the methodology GIC had used to conduct the multijurisdictional study and stated the majority of respondents had agreed if a public bank were to be created such an entity could be supported, although the willingness to support a public bank was not without conditions.

In terms of the next steps, Ms. Jackson-Gent advised that GIC could assist Pinole by working with the City Council and staff in the planning and implementation of economic development strategies, facilitate and assist in outreach to the state regarding market analysis, i.e., feasibility for the City of Pinole partnership, facilitate and assist interested persons (i.e. intermediaries) and other jurisdictions and facilitate and assist with related projects. 18 of 165
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City Manager Murray stated if the City Council decided to consider this option, the direction to City staff would be for staff to return to the City Council with an action plan for proposed next steps. Staff would have to outline the staff time, cost for next steps and identify a reasonable timeline.

Council member Martinez-Rubin clarified with Ms. Jackson-Gent the examples of jurisdictions that had public banks had greater populations than the City of Pinole. Ms. Jackson-Gent also advised that while Pinole was a smaller jurisdiction, California State Charter Banks offered a range of asset sizes along with the reserves needed. For the City of Pinole, it made sense to participate in one of the existing ten banks, either the Public Bank of the East Bay or one of the other local banks. There were also monies available as part of the Local Agency Investment Fund (LAIF) through the state, which funds were available to municipalities, and possible grant funds.

The state was also trying to come up with financing for municipalities regardless of size.

In terms of what Pinole needed to get started would be part of the viability study or a feasibility study with regulators providing specific direction on what was needed in an analysis, which included a pro forma and feedback from citizens among other factors.

Ms. Jackson-Gent added the sources of capitalization were limited and may also include private funders. Also, a public bank would not only include state oversight, there was a suggestion to create an Ad Hoc Committee dedicated to this effort, with the County of Alameda offered as an example of having formed an Ad Hoc Committee or working group to get its process through a certain project and time and make sure things got done, which involved members of the community, members of the Council and legal counsel. As another example, a feasibility study of which GIC was involved in the City of Oakland involved a working group with participation from the City Treasurer, Finance Director and other stakeholders. Based on her experience, regulators appreciated the use of working groups.

Council member Martinez-Rubin asked how one neutralized the representation to ensure community benefit that would eventually be financed, and Ms. Jackson-Gent suggested it meant taking time for focus groups. She noted a multijurisdictional study involved the participation from treasurers from all over the state and numerous focus groups and finance and banking industry personnel were also involved. The focus groups provided input as to who should be on the Ad Hoc Committees and that would help neutralize since it would be transparent and ensure feedback and active outreach.

Mayor Pro Tem Murphy again clarified with Ms. Jackson-Gent the criteria for a public bank and the two forms of oversight that included a JPA and supervisory board, although Ms. Jackson-Gent stated while there was not a requirement for a separate Ad Hoc Committee, it made sense to have a working group to move things along and suggested that be considered.

Stephanie Downs, Attorney, Meyers, Nave, Riback, Silver & Wilson, and a member of the City of Pinole Attorney’s Office, clarified a JPA was not required in order for the City of Pinole to charter its own bank. If the City was in a County that had less than 250,000 people, a JPA would be required. Contra Costa County had far more than 250,000 people. She again detailed the requirements for a public bank including the fiscal analysis of the start-up, including costs, legal analysis as to whether the public bank would comply with the requirements of the State Constitution, conflicts of interest and the like. She added that the City itself could apply to charter its own bank.
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The public bank must be formed as a nonprofit public benefit corporation or a nonprofit mutual benefit corporation, and either the City or the City in concert with other public agencies, or as a JPA or with other agencies as a JPA and the City as a separate agency, would be the shareholders in that bank, which as a nonprofit public entity would be considered members.

City Manager Murray further commented that the Ad Hoc Committee that Ms. Jackson-Gent had referenced was a committee that would explore the formation of a public bank, different from the Board of Directors that would oversee the bank once operational. It may be infeasible for Pinole to have its own public bank given its size but it may be feasible for Pinole to have one as part of a JPA with other jurisdictions, different from requiring a JPA to form a bank.

Mayor Pro Tem Murphy requested more information from some of the smaller cities (population of 50,000 or more) that GIC had evaluated and which had benefitted from public banks, and Ms.

Jackson-Gent confirmed that additional information could be shared with staff and be brought back to the City Council as part of a future discussion.

Council member Toms asked whether there was grant funding available for public banking and sought more information as to how an established JPA for a public bank would benefit if the City of Pinole were added to an established JPA.

Ms. Jackson-Gent again explained that since Pinole was a smaller jurisdiction there were options available such as looking at existing public banks locally and possibly tapping into those; start with the state that may provide tools and additional resources to analyze a public bank; and determine whether to establish a new public bank or join an established public bank as part of the analysis. The idea of possibly purchasing an existing bank (regional banks) could also be explored. Purchasing an existing bank or starting a new bank had benefits in that the more partners like the City the better since they could leverage each other’s assets. In addition, larger cities had different tools and resources that could be utilized. As an example, the Bank of North Dakota was very proactive working with community banks and smaller counties and cities that needed funding and made sure all of the cities and jurisdictions it was working with also were working with their intermediaries. The idea of being a collaborative effort while new would work well for Pinole.

Ms. Downs clarified there had not been any other public banks formed in the State of California and no other public banks other than the Bank of North Dakota.

Ms. Jackson-Gent confirmed that the Bank of North Dakota and the Bank of Samoa Islands was it at this time.

Council member Toms clarified with Ms. Jackson-Gent the operational costs for a public bank entity would be answered as part of an analysis, and Ms. Downs explained that the public bank would be created as a separate nonprofit public benefit corporation and the City would be either the sole member or there could be other cities that could be included if they decided to become members. It could also be created as a JPA with other cities.

Council member Tave understood the concept of local banking but given the potential for risk, he requested more information as to whether municipal banks could merge and create JPAs and become institutions that may fail. He asked whether the City should start small. 20 of 165
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Ms. Jackson-Gent commented that was something for the City Council to explore. Legislation was trying to reduce competition by having the public banks coordinate their efforts with community banks, Community Development Financial Institutions (CDFIs) and private banks.

The Bank of North Dakota had discussed successfully working collaboratively with private banks and she again noted they could leverage off each other rather than compete against one another.

Ms. Jackson-Gent emphasized the importance of seeking state funding and resources as soon as possible which would help to answer many of the questions being asked.

Council member Tave also asked whether or not the Local Agency Formation Commission (LAFCO) for Contra Costa County would be involved in the formation of the JPA and whether or not there were case studies available.

Ms. Jackson-Gent suggested this was all new information to be explored with much of the information having been developed over the past few years. Risk management, scale and policy were all requirements of the regulators that must be analyzed prior to implementing a public bank.

In response to the Mayor, City Manager Murray explained that if the City Council decided to move forward he would have to consult with his economic development staff on the staff time that would be required, and get back to the City Council with a timeline and next steps.

Mayor Salimi understood that banks were required to have 10 percent in reserves, which had been waived as of April 2020 due to the pandemic, but Ms. Jackson-Gent was unsure that was relatable to a public bank and was a question that should be posed to the regulators.

Ms. Downs confirmed the Mayor’s comments and stated with respect to the Federal Reserve requirements the requirement was currently at zero percent. For deposits into the bank, which were liabilities to the bank, there was a zero percent requirement in terms of lending those deposits in that the federal regulations allowed lending those deposits out.

PUBLIC COMMENTS OPENED
Rafael Menis, Pinole, referenced the suggested resources for public banking and read into the record information from Frequently Asked Questions (FAQs) as part of the California Banking Alliance Resources Booklet. He noted that fractional reserve banking seemed to be a significantly higher risk activity and was one of the factors that had led to the 2008 crash due to prime loans and needed bailouts. He also understood nine entities within the State of California were actively pursuing a public bank and suggested Pinole should consider joining the East Bay Regional Public Bank.

Mr. Menis asked about the expected cost to the City if the City were to pursue a public bank in five to ten years and the expected profits to the City during those timeframes. He cited a White Paper related to public banks, which stated the Bank of North Dakota had access to far more larger capitalization on a larger basis and was returning on average $30 million to the state per year, but based on the amount of capital Pinole could raise for a public bank he suggested there could be far less return with significantly more cost.

Debbie Long, Pinole, expressed concern with the discussion for a public bank since the City had a balanced budget only if raiding the 115 Pension Trust, whereas the City was short millions of dollars and now was considering funding a public bank. She suggested that a future feasibility 21 of 165
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study would likely cost the City a quarter of a million dollars and she questioned whether City staff had the expertise to oversee a public bank or that an oversight committee would not be political.

She also questioned the risk to City assets and partnership with other cities or agencies and pointed out that public banks were a recent decision in the state for counties and cities to consider.

While Ms. Long understood that public banks had been around since 1919, she stated that North Dakota was neither the City of Pinole nor the State of California. North Dakota was a large agricultural state with 770,000 residents whose needs were vastly different from the needs of Californians. She also questioned using cannabis as a potential for public banking and noted that since the public bank must be insured by the Federal Deposit Insurance Corporation (FDIC), it was likely cannabis dollars could not be legally taken and that issue would have to be explored.

Ms. Long commented that based on her research, general law cities required voter approval for a public bank but charter cities did not, nor did charter cities require approval to use citizen participation bonds, if necessary, which questioned the push for Pinole to become a charter city.

She urged the City Council to get its house in order prior to using any tax dollars for any study and suggested the City Council already had too much on its plate.

PUBLIC COMMENTS CLOSED
Mayor Pro Tem Murphy offered a motion to direct staff to invite department staff from the Department of Financial Protection and Innovation (DFPI) to make a presentation about public banking management and compliance in the State of California.

Mayor Salimi stated staff had recommended that staff be directed to return to the City Council with next steps but City Manager Murray clarified that was one option that the City Council may consider as direction to staff. The motion offered by the Mayor Pro Tem was another option for consideration and was acceptable direction to staff.

City Attorney Casher confirmed Mayor Pro Tem Murphy’s motion was acceptable.

ACTION: Motion by Mayor Pro Tem Murphy/Council member Tave to direct staff to invite Department staff from the California Department of Financial Protection and Innovation to make a presentation about public banking management and compliance in the State of California.

Vote: Passed 4-1
Ayes: Salimi, Murphy, Tave, Toms
Noes: Martinez-Rubin
Abstain: None

Absent: None
City Manager Murray reiterated, when asked by the Mayor Pro Tem, that staff had no recommendation on specific next steps but if the City Council wanted to pursue public banking further, City staff could be directed to return with a proposed Action Plan of next steps.

ACTION: Motion by Mayor Salimi /Council member Tave to Direct staff to return with an Action Plan that outlined next steps.
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Vote: Passed 3-2
Ayes: Salimi, Murphy, Tave
Noes: Martinez-Rubin, Toms
Abstain: None

Absent: None
The City Council thanked Ms. Jackson-Gent for the presentation and Ms. Downs for her input.

Mayor Salimi declared a recess at 9:30 p.m. The City Council meeting reconvened at 9:45 p.m. with all Councilmembers present either in-person or via Zoom.

The City Council returned to the remaining public hearings at this time as part of Item 10.

A. FY 2021/22 Annual Review of Utility User’s Tax and Adoption of a Resolution Modifying Household Income Eligibility Thresholds for Utility User’s Tax Exemptions for FY 2022/23 [Action: Conduct Annual Review and Adopt Resolution per Staff Recommendation (Guillory)]
Finance Director Guillory provided a PowerPoint presentation for the FY 2021/22 Annual Review of the Utility User’s Tax (UUT) which included an overview of the UUT; the annual review process each June as part of the budget process; total UUT collections and breakdown of the UUT collections and ten-year trend; with a recap of the UUT collections for FY 2020/21 and projected collections for 2021/22. UUT communications collections, UUT exemption guidelines and the recommended changes to income exemptions thresholds were all highlighted.

Finance Director Guillory recommended the City Council adopt the resolution contained in Attachment B to the June 21, 2022 staff report.

PUBLIC HEARING OPENED
City Clerk Bell reported there were no public comments for this item.

PUBLIC HEARING CLOSED
ACTION: Motion by Council members Toms/Martinez-Rubin to adopt a Resolution Modifying the Household Income Eligibility Thresholds for Exemptions from the Utility User’s Tax for FY 2022/23.

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

Absent: None
B. Conduct First Reading of Ordinance Amending Chapter 12.04 “Street Excavations” of the City of Pinole Municipal Code and Adding Permitting Procedures, Insurance Requirements, Construction Standards and Pavement Restoration Guide for Encroachments into Public Right-of-Way [Action: Conduct Public Hearing per Staff Recommendation (Casher)]
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City Attorney Casher presented a PowerPoint presentation which included an overview of the background for an ordinance amending Chapter 12.04 “Street Excavations” of the City of Pinole Municipal Code and adding Permitting Procedures, Insurance Requirements, Construction Standards and Pavement Restoration Guide for Encroachments into Public Right-of-Way and the key changes to Chapter 12.04. The Municipal Code Update Subcommittee had discussed the proposed ordinance and had recommended approval as presented. The City Council was asked to conduct the public hearing and first reading of the ordinance as proposed. If approved on the first read, the item would return to the City Council on the Consent Calendar for a second reading and would go into effect 30-days thereafter.

PUBLIC HEARING OPENED
Rafael Menis, Pinole, read into the record Section 12.04.050, Permit - Application – Issuance, (D), as shown on Page 501 of the agenda packet, and asked for clarification since there appeared to be a typographical error in the last sentence.

Mayor Salimi suggested staff review that section for clarity.

Council member Toms agreed that staff review Section 12.04.050 (D) and return with any required modifications.

PUBLIC HEARING CLOSED
ACTION: Motion by Council members Martinez-Rubin/Toms to conduct the first reading of an Ordinance Amending Chapter 12.04 “Street Excavations” of the City of Pinole Municipal Code and Adding Permitting Procedures, Insurance Requirements, Construction Standards and Pavement Restoration Guide for Encroachments into Public Right-of-Way.

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

Absent: None
D. Adopt a Resolution Declaring Intent for the Levy and Collection of Annual Assessments for the Pinole Valley Road Landscape and Lighting Assessment District (LLAD) for FY 2022/23, Setting the Date of the Public Hearing, and Approving the Annual Engineer’s Report [Action: Adopt Resolution per Staff Recommendation (Mishra)]
Public Works Director Mishra provided a PowerPoint presentation of the Pinole Valley Road Landscape and Lighting Assessment District for FY 2022/23 Assessment Report, which included an overview of the background of the Pinole Valley Road LLAD to address traffic signals, streetlights, median landscaping, irrigation for landscaping, electricity to traffic signals and streetlights and graffiti removal. The Assessment District was identified as Zone A north of I-80 and Zone B south of I-80. He acknowledged that Zone B involved two streetlights/poles which had been knocked down in the last year, had not yet been replaced and were costly items estimated at $15,000 per traffic light.
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PUBLIC HEARING OPENED
City Clerk Bell reported there were no public comments for this item.

PUBLIC HEARING CLOSED
Council member Martinez-Rubin clarified with Public Works Director Mishra the figures in the Assessment Summary for FY 2022/23, which had also been detailed in the June 21 staff report, with the maximum assessment based on the maximum assessment for 2021. Mr. Mishra also clarified that staff was exploring less expensive options for the replacement of the two streetlight/poles previously described and stated the assessment had been kept to the CPI, which was around five percent.

Council member Toms also clarified with Public Works Director Mishra that the City received some replacement costs via insurance for the damaged streetlights/poles but the costs were not 100 percent reimbursed.

ACTION: Motion by Council members Toms/Martinez-Rubin to adopt a Resolution Declaring Intent for the Levy and Collection of Annual Assessments for the Pinole Valley Road Landscape and Lighting District (LLAD) for FY 2022/23, Setting the Date of the Public Hearing for July 5, 2022 and Approving the Annual Engineer’s Report.

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

Absent: None

11. OLD BUSINESS
None

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.

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.

Rafael Menis, Pinole, reported the City of Pinole had over 162 new cases of COVID-19 in the last fourteen days, with the case rate the third highest in Contra Costa County. He urged everyone to continue masking indoors especially in relatively crowded locations.

Mayor Salimi reported COVID-19 vaccinations were now available for children 6 months to five years of age and residents were encouraged to contact their health providers. 25 of 165
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Cordell Hindler, Richmond, invited the City Council to the Mayor’s Business Round Table on July 7, 2022 at Riggers Loft Wine Company in the City of Richmond, with tickets at $35 per person.

He asked that the City Council consider changes to the meeting procedures and keep Council reports brief. He too encouraged everyone to continue masking indoors.

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

At 10:15 p.m., Mayor Salimi adjourned the meeting to the Regular City Council Meeting of July 5, 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: JULY 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: RESOLUTION CONTINUING AUTHORIZED REMOTE
TELECONFERENCE MEETINGS PURSUANT TO AB 361

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the continued use of remote teleconference meetings pursuant to AB 361.

BACKGROUND
On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for the anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”). On March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32. The City Council subsequently adopted a resolution affirming the emergency declaration and continues to reevaluate the need for continuing the local emergency every fourteen (14) days. The local emergency expired on March 31, 2022.

On November 10, 2021 Governor Newsom issued Executive Order N-21-21 extending the sunset of the State of Emergency through March 31, 2022. On February 25, 2022, Governor Newsom issued Executive Order N-04-22 further extending the sunset of the State of Emergency to an unspecified date. The State of Emergency remains in effect.

All meetings of the City Council and the City’s other legislative bodies, such as the Planning Commission, are open and public, as required by the Ralph M. Brown Act (Government Code section 54950 et seq.). Any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means during a declared state of emergency and in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor 50 of 165
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Newsom issued Executive Order N-08-21, which, effective September 30, 2021, repealed the provisions of prior executive orders allowing local legislative bodies to conduct meetings telephonically or by other means.

On September 16, 2021, Governor Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior executive orders. AB 361 (2021) allows local legislative bodies to continue to conduct meetings via teleconferencing during a declared state of emergency without complying with certain Brown Act provisions under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect October 1, 2021 and will sunset on January 1, 2024.

On October 19, 2021, the City Council adopted a Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 upon a finding that: (i) the State of Emergency continues to directly impact the ability of the members to meet safely in person, and (ii) State or local officials continue to impose or recommend measures to promote social distancing.

AB 361 provides that, if the state of emergency remains active for more than thirty (30) days, a local agency must make either of the following findings by majority vote every thirty (30) days to continue using the bill’s exemption to the Brown Act teleconferencing rules: (1) a declared state of emergency continues to directly impact the ability of the members to meet safely in person; or (2) state or local health officials continue to impose or recommend measures to promote social distancing.

Thus, the City Council has a standing opportunity every thirty (30) days to discuss a return to in-person meetings or continue remote teleconference meetings pursuant to AB 361. Following such reevaluation every thirty (30) days and upon a finding that the conditions under AB 361 continue to exist, the City Council has continued to adopt the Resolution authorizing continued remote teleconference meetings every thirty (30) days thereafter, most recently on June 7, 2022. This staff report discusses whether these conditions under AB 361 continue to exist in order continue the use of remote teleconference meetings, including an in-person hybrid meeting format, pursuant to AB 361.

DISCUSSION
Since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County. COVID-19 cases surged throughout the State during the winter months with an estimated 1 million new COVID cases a day. As such, Governor Newsom extended the State of Emergency declared on March 4, 2020.

The Governor’s State of Emergency is still in effect.

Notwithstanding the expiration of a state of emergency, AB 361 provides for the continued use of remote meetings and exemption to the Brown Act upon a finding that state or local health officials continue to impose or recommend measures to promote social distancing. Such a finding is consistent with the goal of AB 361 “to improve and 51 of 165
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enhance public access to local agency meetings…by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20.

The conditions that justified the City Council adopting the Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 in its meeting of October 19, 2021 continue to exist. Health officials continue to recommend measures based upon COVID-19 community levels in efforts to slow the spread of COVID-19 and reduce the rate of infection. Specifically, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household and masking in all indoor settings in communities of high COVID-19 rates and among persons at high risk for severe illness. The CDC believes the Omicron variant is spread more easily than the original SARS-CoV-2 virus with breakthrough infections occurring in people who are fully vaccinated.

Effective March 1, 2022, the CDC and California Department of Health requirement for unvaccinated persons to mask in indoor public settings and businesses was replaced by a strong recommendation that all persons, regardless of vaccine status, mask in indoor public settings and businesses including meetings and state and local government offices serving the public. On March 11, 2022, the universal masking requirement for K-12 and Childcare settings terminated. Effective April 20, 2022, in alignment with the CDC's announcement that its order requiring masking on public transportation and at transportation hubs is no longer in effect, California's requirement for masking on public transit and in transportation hubs terminated.

Notwithstanding, the California Department of Health continues to strongly recommend that individuals in these settings continue to wear a mask. The California Department of Health continues to find that wearing a face mask in indoor public settings, regardless of vaccination status, remains a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness.

On September 20, 2021, and again on March 1, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings. The recommendations were most recently revised on June 14, 2022. At present, the Contra Costa County Health Officer strongly recommends the use of online meetings as an alternative to in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

Remote options and social distancing for those present continues to be the recommended format for public meetings as it presents the lowest risk of transmission of COVID-19, which is particularly important in light of the current community prevalence rate. The Bay Area currently has California’s highest COVID infection rates fueled by highly contagious Omicron subvariants. Contra Costa is seeing increases in reported cases and hospitalizations, with 6,252 new cases reported in the past 14 days. Actual case rates are believed to be higher than those reported because of widespread use of home tests. As such, twelve Bay Area health officers, including 52 of 165
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Contra Costa, are stressing the importance of taking safety precautions, including continued masking indoors.

The proposed resolution re-affirms the necessary findings in order for the City Council, and all of the City’s legislative bodies, to continue remote teleconference meetings pursuant to AB 361. Additionally, the resolution is necessary in order to allow Staff to return to an in-person hybrid format to allow those at higher risk and/or concern about COVID-19 an alternative to participating in person.

FISCAL IMPACT
There is no direct fiscal impact from the adoption of the resolution.

ATTACHMENTS
A. Resolution Authorizing Continued Remote Teleconference Meetings Pursuant to AB 361
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1 RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE AUTHORIZING CONTINUED REMOTE TELECONFERENCE MEETINGS PURSUANT TO AB 361 WHEREAS, all City of Pinole (“City”) meetings are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for an anticipated broader spread of the novel coronavirus disease 2019 (“COVID-19”), and Governor Newsom has continued to confirm the continued existence of the State of Emergency; and
WHEREAS, on March 18, 2020, the City Manager, acting as Director of Emergency Services, proclaimed a local emergency due to COVID-19 pursuant to California Government Code Section 8630 and Pinole Municipal Code Chapter 2.32; and
WHEREAS, On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and meetings of all City legislative bodies, such as the Planning Commission; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings; and
WHEREAS, on September 20, 2021, Governor Newsom issued Executive Order N-15-21, delaying the full application of AB 361 (2021) until 11:59 p.m. October 1, 2021; and

ATTACHMENT A
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2 WHEREAS, on February 25, 2022, Governor Newsom issued Executive Order N04-22 further extending the sunset of the State of Emergency to an unspecified date and the State of Emergency continues to present; and
WHEREAS, AB 361 provides that it will sunset on January 1, 2024; and WHEREAS, in order for legislative bodies to conduct meetings via teleconferencing pursuant to AB 361 (2021), a proclaimed State of Emergency must exist; and
WHEREAS, AB 361 (2021) further requires that State or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on October 19, 2021, the City Council adopted Resolution Of The City Council Of The City Of Pinole Authorizing Remote Teleconference Meetings Pursuant To AB 361 upon a finding that such conditions existed in the City of Pinole, specifically, Governor Newsom has declared a State of Emergency due to COVID-19 and the City Council has confirmed the continued existence of the local emergency due to COVID-19; and
WHEREAS, AB 361 (2021) allows the City Council to continue to conduct meetings via teleconference upon a finding every thirty (30) days thereafter, that either a declared state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local health officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, since issuing Executive Order N-08-21, the highly contagious Delta and Omicron variants of COVID-19 have emerged, causing an increase in COVID-19 cases throughout the State and Contra Costa County; and WHEREAS, on August 2, 2021, in response to the Delta variant of COVID-19, the Contra Costa County Health Officer issued Health Order No. COVID19-51, for nearly all individuals to wear masks when inside public spaces and such mandate remains in effect in specified high-risk settings, consistent with California Department of Health recommendations including public transit, healthcare settings and congregate living; and
WHEREAS, on September 20, 2021, and reaffirmed on June 14, 2022, the Contra Costa County Health Officer issued recommendations for safely holding public meetings strongly recommending the of the availability of remote access as an alternative to participating in person at meetings as it presents the lowest risk of transmission of COVID-19 and such recommendation remains in effect; and 55 of 165
3 WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least six (6) feet from others outside of the household and use of a face mask as a critical component for protecting those that are most vulnerable in our communities, including the unvaccinated, the immunocompromised, or those at risk for severe disease and illness; and WHEREAS, because of the rise in cases due to the Delta and Omicron variants of COVID-19, the City Council is concerned about the health and safety of all individuals who intend to attend City Council meetings and meetings of the City’s other legislative bodies; and
WHEREAS, the City Council desires to provide a way for the Council, staff, and members of the public to participate in meetings remotely as an alternative to having to attend meetings in person; and
WHEREAS, the City Council hereby finds that the presence of COVID-19 and the increase of cases due to the Delta and Omicron variants would present imminent risks to the health or safety of certain attendees, including legislative bodies and staff, during in person meetings; and
WHEREAS, the City shall ensure that it’s meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings; and WHEREAS, the City Council has re-affirmed the necessary findings in order for the City Council, and all of the City’s other legislative bodies, to continue to hold remote teleconference meetings pursuant to AB 361 and on that basis adopted a Resolution Of The City Council Of The City Of Pinole Authorizing Continued Remote Teleconference Meetings Pursuant To AB 361 on November 16, 2021, and every thirty (30) days thereafter; and
WHEREAS, the City Council has reconsidered the need to conduct meetings remotely within thirty (30) days of the Resolution and finds the need continues to exist.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Pinole hereby declares as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has reconsidered the circumstances of the State of Emergency; and
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4 b) Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

3. The City Council and all of the City’s other legislative bodies may continue to meet remotely in compliance with AB 361 (2021), whether in whole or part, in order to better ensure the health and safety of the public.

4. The City Council will revisit the need to conduct meetings remotely within thirty (30) days of the adoption of this resolution.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 5th day of July, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed, and adopted on the 5th day of July, 2022.
____________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL
REPORT
DATE: JULY 5, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A REVISED COMPENSATION

AND BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL

EMPLOYEES

RECOMMENDATION
City staff recommends that the City Council adopt a resolution (Attachment A) approving a revised Compensation and Benefits Plan for Management and Confidential Employees.

BACKGROUND
The City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020. On January 19, 2021, June 15, 2021, August 17, 2021, and March 1, 2022, the City Council approved revisions to the Plan which specified the hourly pay rate for all classifications covered under the Plan; incorporated a higher rate of leave accrual for the Fire Battalion Chief classification based on its higher number of annual hours worked; established or reassigned the salary ranges for the Community Development Director, Public Works Director, Community Services Director, Deputy City Clerk, Human Resources Director, Assistant to the City Manager, Capital Improvement and Environmental Program Manager, Human Resources Analyst, Police Lieutenant, and Public Works Manager classifications; incorporated language modifications into some Plan provisions that were unclear or inadvertently overlooked in previous versions; and modified employee benefits. Staff is now recommending some additional revisions to the Plan.

REVIEW AND ANALYSIS
City staff has determined that additional modifications to the Plan are necessary to address changes in the City’s organizational structure and other employment related matters. Staff recommends that the City Council adopt a resolution (Attachment A) approving a revised version of the Plan (Exhibit A to Attachment A). A redlined copy of the proposed revised version of the Plan is attached as Attachment B.

The proposed revisions to the Plan are as follows:
9D
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City Council Report
Meeting Date: July 5, 2022 2
• Section 3 (Classifications) – Add Building Official and Human Resources Technician;
• Section 8 (Cost of Living and Pay Range Adjustments) – Delete obsolete transitional cost of living adjustment (COLA) provisions; • Section 14 (Administrative Leave) – Exclude the Human Resources Specialist and Human Resources Technician classifications from eligibility due to nonexempt Fair Labor Standards Act status; and • Exhibit “A” (Management Group Salary Ranges) – Assign reactivated Building Official classification to salary range $73.6806 - $89.5956 per hour and newly created Human Resources Technician classification to salary range $31.0076 - $37.7052 per hour; reassign the Wastewater Treatment Plant Manager classification to salary range $73.6806 - $89.5956 per hour; and update the salary ranges of all other Management and Confidential classifications to reflect the 3% COLA that was adopted with the FY 2022/23 Budget by the City Council at its June 21, 2022 meeting.

FISCAL IMPACT
City staff does not expect there to be any new fiscal impact to the General Fund due to the proposed revisions to the Plan as the salaries for the classifications have already been incorporated into the FY 2022/23 Budget.

ATTACHMENTS
A. Resolution
Exhibit A - Compensation and Benefits Plan for Management and Confidential Employees – Revised July 5, 2022
B. Compensation and Benefits Plan for Management and Confidential Employees – Revised July 5, 2022 (Redline)
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ATTACHMENT A
RESOLUTION NO. 2022-XX

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

CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A REVISED

COMPENSATION AND BENEFITS PLAN FOR MANAGEMENT AND CONFIDENTIAL

EMPLOYEES
WHEREAS, the City Council adopted the City of Pinole Compensation and Benefits Plan for Management and Confidential Employees (the “Plan”) on November 17, 2020; and
WHEREAS, the City Council adopted revisions to the Plan on January 19, 2021, on June 15, 2021, on August 17, 2021, and on March 1, 2022, to add benefits currently available to Management and Confidential employees, allocate classifications to salary ranges, enhance employee benefits, and clarify other employment related matters; and WHEREAS, City staff is proposing further revisions to the Plan to allocate the Building Official and Human Resources Technician classifications to the Management and Confidential Employee Group, remove obsolete transitional cost of living adjustment (COLA) provisions, exclude the Human Resources Specialist and Human Resources Technician classifications from the administrative leave benefit; and WHEREAS, City staff is proposing revisions to the Plan’s salary ranges to assign the Building Official to salary range $73.6806 - $89.5956 per hour and Human Resources Technician to salary range $31.0076 - $37.7052 per hour; reassign the Wastewater Treatment Plant Manager to salary range $73.6806 - $89.5956 per hour; and WHEREAS, City staff is proposing revisions to the Plan’s salary ranges to update the salary ranges of all other Management and Confidential classifications to reflect the 3% COLA that was adopted with the FY 2022/23 Budget by the City Council at its June 21, 2022 meeting; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pinole does hereby approve the revised City of Pinole Compensation and Benefits Plan for Management and Confidential Employees, attached hereto as Exhibit A, and incorporated herein by this reference, effective July 4, 2022.

PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 5th day of July 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
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I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 5th day of July 2022.
____________________
Heather Bell, CMC
City Clerk
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CITY OF PINOLE

COMPENSATION AND BENEFITSPLAN
FOR

MANAGEMENT AND CONFIDENTIAL

EMPLOYEES
Effective Date November 17, 2020
Revised January 19, 2021
Revised June 15, 2021
Revised August 17, 2021
Revised March 1, 2022
Revised July 5, 2022.

EXHIBIT A
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2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN

MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN ............................................13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15 63 of 165
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT ............................................................19 EXHIBIT “A” ............................................................................................................................. 20 64 of 165
4 CITY OF PINOLE

MANAGEMENT AND CONFIDENTIAL EMPLOYEES

COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).

The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.

SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.

SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
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5 • Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.

SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.

SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council. 66 of 165
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.

B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.

SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.

SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit increase.

B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.
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7 A performance evaluation shall be prepared at least annually on each employee’s anniversary date.

The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.

The employee’s supervisor shall then evaluate the employee’s performance for the prior year.

The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).

Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectivesset for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
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8 C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.

D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.

If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.

SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.

SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.

In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not owe any severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status. 69 of 165
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of all other employees covered by the Plan, which is 2,080 hours annually.

B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.

Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).

C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.

SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.

B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
• Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
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10 • Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.

The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.

In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.

SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status. 71 of 165
11 SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.

SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:

Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.

The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.

Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.

Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.

SECTION 17. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
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12 B. Retiree Medical Insurance
The City will contribute toward retiree health premiums, at the retiree’s preferred family status, as follows:
• Employees hired before July 1, 2010 shall be:
➢ eligible to continue in the CalPERS Health Plan and receive a City contribution toward their retiree health premium equal to that provided to current active employees, in accordance with Government Code Section 22892 ➢ offered the option to elect to participate in the vesting program as defined below (described by Government Code Section 22893) as soon after the program implementation as allowed per CalPERS regulations
• Employees hired on or after July 1, 2010 shall receive a City contribution toward their retiree health premium in an amount as described by Government Code Section 22893 (the PERS vesting schedule).

The percentage of employer contribution toward retiree health premiums is determined annually by CalPERS and shall be based on the member’s completed years of credited service (excluding any purchased service credits) at retirement as shown in the table below. Employees must have a minimum of five (5) years of service with the City of Pinole and 10 years of total CalPERS service credit to be eligible for this benefit.

Credited Years of
Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
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13 • Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.

Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.

SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.

The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.

B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.

The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.

SECTION 19. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.

SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costsfor administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. 74 of 165
14 SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of $40,000 each per year/per employee. Selection of the carrier shall be at the discretion of the City.

SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
The City agrees to provide the State Disability Insurance program to employees covered by this Plan.

B. Disability Insurance Premium Rates
• Short Term Disability Rates
The City shall provide, at its own expense, short-term disability insurance of two- thirds of salary ($463 per week maximum benefit) with a 29-day waiting period. • Long Term Disability Rates
The City shall provide, at its own expense, long term disability insurance of two- thirds ofsalary up to $3,000 per month ($2,001 maximum benefit) with a 90-day waiting period.

The City shall make coverage available to Police Safety employee interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan lieu of the City’s LTD Plan. The City shall provide, at its own expense, the monthly premium payments for the PORAC’s LTD Plan. Employee is responsible for any monthly premium payment if the PORAC LTS Plan exceeds the cost of the City’s LTD Plan.

C. Disability Insurance Option for Upgrade
Employees have the option to upgrade the plan to provide two-thirds of salary up to $5,000 per month at employee expense provided that all employees covered under this Plan opt for this upgraded coverage with said expense taken as a payroll deduction and provided the selected carrier agrees to this change.

SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.

Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
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15 SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.

This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.

B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.

SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.

B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
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16 • Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.

Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.

Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.

Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).

Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.

Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).

D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013 who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
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17 Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.

Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.

SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 plan available for employees covered by the Plan to contribute to through payroll deduction.

SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.

After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.

Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.

The uniform allowance will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December. Newly hired employees shall be eligible for a pro-rated start-up allowance.

Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.

B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.

SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in 78 of 165
18 discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.

C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.

SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.

The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messagesreceived on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.

SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount 79 of 165
19 reimbursed by the other agencies.

SECTION 31. LONGEVITY PAY
Consistent with the Pinole Police Employees Association’s Longevity Pay, the Police Lieutenant classification will be eligible for Longevity Pay amounting to 3% of the employee’s base straight-time pay once they have reached 15 years ofservice.

SECTION 32. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager. 80 of 165
20 EXHIBIT “A”

MANAGEMENT GROUP SALARYRANGES
Effective 07/04/2022
Classification Minimum
Annual
Minimum
Hourly
Maximum
Annual
Maximum
Hourly
Assistant City Manager $204,557.27 $98.3448 $248,741.64 $119.5873 Police Chief $204,557.27 $98.3448 $248,741.64 $119.5873 Development Services Director/City Engineer $194,816.40 $93.6617 $236,896.74 $113.8927 Community Development Director $177,106.71 $85.1475 $215,361.76 $103.5393 Finance Director $177,106.71 $85.1475 $215,361.76 $103.5393 Fire Chief $177,106.71 $85.1475 $215,361.76 $103.5393
Human Resources Director $177,106.71 $85.1475 $215,361.76 $103.5393 Public Works Director $177,106.71 $85.1475 $215,361.76 $103.5393 Building Official $153,255.63 $73.6806 $186,358.85 $89.5956 Community Services Director $153,255.60 $73.6806 $186,358.81 $89.5956 Fire Battalion Chief $109,466.42 $52.6281 $133,111.17 $63.9958 Planning Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Police Lieutenant $153,255.60 $73.6806 $186,358.81 $89.5956 Wastewater Treatment Plant Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Capital Improvement & Environmental
Program Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Public Works Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Recreation Manager $112,584.71 $54.1273 $136,903.00 $65.8188 Assistant to the City Manager $112,584.53 $54.1272 $136,902.79 $65.8186 Deputy City Clerk $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Analyst $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Specialist $71,348.09 $34.3020 $86,759.27 $41.7112 Human Resources Technician $64,495.74 $31.0076 $78,426.82 $37.7052 81 of 165

CITY OF PINOLE

COMPENSATION AND BENEFITSPLAN
FOR

MANAGEMENT AND CONFIDENTIAL

EMPLOYEES
Effective Date November 17, 2020
Revised January 19, 2021
Revised June 15, 2021
Revised August 17, 2021
Revised March 1, 2022
Revised July 5, 2022.

ATTACHMENT B
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2 CITY OF PINOLE COMPENSATION AND BENEFITS PLAN

MANAGEMENT AND CONFIDENTIAL EMPLOYEES
Table of Contents
CITY OF PINOLE COMPENSATION AND BENEFITS PLAN............................................... 2 CITY OF PINOLE........................................................................................................................ 4 ARTICLE ONE: INTRODUCTION........................................................................................................ 4 SECTION 1. ESTABLISHMENT AND PURPOSE.................................................................... 4 SECTION 2. ADMINISTRATION OF THE PLAN.................................................................... 4 SECTION 3. CLASSIFICATIONS.............................................................................................. 4 SECTION 4. AT-WILL STATUS................................................................................................ 5 SECTION 5. TRANSITION TO THE PLAN .............................................................................. 5 SECTION 6. EFFECTIVE DATE................................................................................................ 5 ARTICLE TWO: COMPENSATION ...................................................................................................... 6 SECTION 7. MANAGEMENT SALARY RANGES.................................................................. 6 SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS................................... 6 SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS ........................ 7 SECTION 10. EQUITY ADJUSTMENTS .................................................................................. 8 SECTION 11. SEVERANCE PAY .............................................................................................. 8 ARTICLE THREE: BENEFITS............................................................................................................... 9 SECTION 12. SICK LEAVE ....................................................................................................... 9 SECTION 13. HOLIDAYS .......................................................................................................... 9 SECTION 14. ADMINISTRATIVE LEAVE ............................................................................ 10 SECTION 15. OTHER LEAVES............................................................................................... 11 SECTION 16. VACATION........................................................................................................ 11 SECTION 17. MEDICAL BENEFITS....................................................................................... 11 SECTION 18. DENTAL INSURANCE..................................................................................... 13 SECTION 19. VISION INSURANCE ....................................................................................... 13 SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN ............................................13 SECTION 21. LIFE INSURANCE............................................................................................ 14 SECTION 22. DISABILITY INSURANCE .............................................................................. 14 SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE........................................... 14 SECTION 24. INCENTIVE BENEFITS.................................................................................... 15 SECTION 25. RETIREMENT PLAN FOR EMPLOYEES....................................................... 15 83 of 165
3 SECTION 26. DEFERRED COMPENSATION – 457 PLAN .................................................. 17 SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE ............................................ 17 SECTION 28. AUTO ALLOWANCE ....................................................................................... 17 SECTION 29. CELLPHONE ALLOWANCE........................................................................... 18 SECTION 30. FIRE BATTALION CHIEF BACKFILL FORPARTNER AGENCY.............. 18 SECTION 31. LONGEVITY PAY............................................................................................. 19 SECTION 32. PROFESSIONAL DEVELOPMENT ............................................................19 EXHIBIT “A” ............................................................................................................................. 20 84 of 165
4 CITY OF PINOLE

MANAGEMENT AND CONFIDENTIAL EMPLOYEES

COMPENSATION AND BENEFITS PLAN
ARTICLE ONE: INTRODUCTION
SECTION 1. ESTABLISHMENT AND PURPOSE
The City of Pinole (“City”) wishes to establish and maintain a plan of compensation and benefits for management and confidential personnel of the City. Accordingly, the City sets forth this “Management and Confidential Employees Compensation and Benefits Plan” (also known as the “Plan”).

The purpose of this Plan is to establish the compensation and benefits applicable to the City’s management and confidential employees beyond those already approved in the Personnel Rules or other legislative actions of the City Council. Should there be any conflicting provisions between this Plan and the Personnel Rules, the Plan shall supersede.

SECTION 2. ADMINISTRATION OF THE PLAN
The Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the Plan.

SECTION 3. CLASSIFICATIONS
The following management and confidential classifications are covered by this Plan. • Assistant City Manager
• Assistant to the City Manager
• Building Official
• Capital Improvement and Environmental Program Manager • Community Development Director
• Community Services Director
• Deputy City Clerk
• Development Services Director / City Engineer
• Finance Director
• Fire Battalion Chief
• Fire Chief
• Human Resources Analyst
• Human Resources Director
• Human Resources Specialist
• Human Resources Technician
• Planning Manager
• Police Chief
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5 • Police Lieutenant
• Public Works Director
• Public Works Manager
• Recreation Manager
• Wastewater Treatment Plant Manager
SECTION 4. AT-WILL STATUS
All employees covered by this Plan are employed on an “at will” basis. Accordingly, both the City and the employee have the right to terminate the employment relationship at any time, with or without advance notice, and with or without cause.

SECTION 5. TRANSITION TO THE PLAN
The terms and conditions regarding compensation and benefits for the employees in classifications covered under this Plan have been set forth in individual employment agreements (“IEA”). This Plan and the provisions herein shall replace any and all IEAs upon the expiration of the IEAs. Conversely, employees may elect to voluntarily transition to the Plan prior to the expiration of their IEA and may do so in a written document signed by both the employee and the City Manager. The written document will state that the employee has voluntarily terminated their IEA and will be covered under the Plan going forward. When an employee transitions from an IEA to the Plan, the City Manager shall set the employee’s initial salary under the Plan based on the employee’s attainment of the knowledge and skills required by the classification and the employee’s performance to-date in carrying out the duties of the classification. If an employee’s salary under the IEA is less than the minimum annual salary in the Plan, upon transitioning, the employee’s salary shall be at least the minimum annual salary reflected in the Plan. The salaries of all employees in classifications covered underthis Plan shall adhere to the ranges for the employee’s respective classification as set by the Plan regardless of whether or not the employee is covered by an IEA or the Plan.

SECTION 6. EFFECTIVE DATE
This Plan and any revisions will become effective on the Effective Date stated on the Plan’s cover and will continue to be in effect unless otherwise modified by the City Council. 86 of 165
6 ARTICLE TWO: COMPENSATION
SECTION 7. MANAGEMENT SALARY RANGES
A. Initial Salary
For new employees, the City Manager, or their designee, shall set the salary for individual employees covered by this Plan at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification.

B. Base Compensation Structure
As provided in Exhibit A, this Plan sets forth the base salary ranges for all classifications covered by this Plan. There shall be no specified or pre-determined “steps” within the salary ranges for employees covered by this Plan. Rather, each classification under this Plan shall be assigned an open salary range containing a 21.6% spread between the minimum and maximum points of the range.

SECTION 8. COST OF LIVING AND PAY RANGE ADJUSTMENTS
At least annually, the City Council will consider a percentage cost of living adjustment to the salary ranges for all classifications covered by this Plan that considers inflationary increases in the cost of living. If the City Council approves a cost-of-living adjustment and an effective date, the minimum and maximum points of each classification’s range shall be increased by the percentage of the adjustment, and the salary of each individual employee covered by the Plan shall be increased by the percentage of the adjustment effective on the first day of the first pay period on or following the effective date set by the City Council.

Until such a time that all management and confidential classifications identified in Section 3 have fully transitioned to this Plan, the following establishes the intended groups and classes of employment pursuant to Government Code Section 20636(e), for the purposes of substantiating CalPERS compensation. The classifications below maintain eligibility to receive cost of living and pay range adjustments described in this Plan or the City’s labor agreement with the American Federation of State, County, and Municipal Employees (“AFSCME”) as described. Classifications are only eligible for one cost of living adjustment. • AFSCME: Assistant City Manager and Fire Chief.

Effective the first day of the first full pay period following July 1, 2018, the identified classifications shall receive a 3.0% wage increase.

Effective the first day of the first full pay period following July 1, 2019, the identified classifications shall receive a 3.0% wage increase.

Effective the first day of the first full pay period following July 1, 2020, the identified classifications shall receive a 3.0% wage increase.
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7 • This Management Compensation Plan: Finance Director, Community Development Director, Community Services Director, Human Resources Director, Police Chief, Police Lieutenant, Public Works Manager, Public Works Director, Planning Manager, Human Resources Specialist, Fire Battalion Chief, Assistant to the City Manager, Deputy City Clerk, Recreation Manager, and Wastewater Treatment Plant Manager, in addition to all classifications that are fully transitioned to this plan and all employees hired into a management or confidential classification on or after November 17,2020.

SECTION 9. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the cost-of-living adjustment discussed above, an employee covered by this Plan may receive a merit increase, once per year in relation to their anniversary and annual performance appraisal. Merit increases will be based upon the quality of the employee’s performance in the preceding twelve (12) months. Merit increases shall result in an employee advancing within the established salary range for their classification by the amount of the merit increase.

B. Performance Evaluation Process
Performance evaluations for all employees covered under this Plan are the responsibility of the City Manager, who normally will delegate the responsibility of performance reviews to the covered employee’s department head. The process for performance evaluations shall be conducted in accordance with Section 14 in the Personnel Rules, unless expressly provided otherwise below.

A performance evaluation shall be prepared at least annually on each employee’s anniversary date.

The evaluation process shall begin with each employee preparing a self-evaluation of their own performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.

The employee’s supervisor shall then evaluate the employee’s performance for the prior year.

The evaluations of both the employee and supervisor shall focus on:
(1) the employee’s performance of their regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for the employee at the beginning of the review period (i.e. one year earlier).

Following completion of the written evaluations, the employee and their supervisor shall meet to discuss both the quality of the employee’s performance of their regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectivesset for them the previous year. They shall also review the employee’s proposed goals and objectives for the coming year.
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8 C. Merit Adjustment Guidelines
Employees may be granted a merit adjustment of up to five percent each year (5.0%) for exemplary performance.

D. Cap on Merit Increases
If an employee’s salary is at the top of the salary range for their classification, the employee shall not be eligible for a merit increase.

If an employee's salary is below the top of the salary range for their classification, the employee may receive a merit increase in accordance with the provisions set forth above. If the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.

SECTION 10. EQUITY ADJUSTMENTS
The City Manager may authorize an increase to an individual employee’s salary to address internal or external salary equity issues. Any equity adjustment shall consider relevant internal and external equity data in order to effectuate the intent of this section. Any adjusted salary must adhere to the minimum and maximum amounts of the employee’s classification range.

SECTION 11. SEVERANCE PAY
Except as specifically noted otherwise, this section shall apply to all employees covered under this Plan.

In the event that the City terminates the employment of any employee covered by the Plan without cause after the first twelve (12) months of employment, the City shall pay the employee severance, in a sum equal to one (1) month base salary and the value of continuation of health insurance coverage for a period of one (1) month for every year of service, up to a maximum of six (6) months base salary and the value of continuation of health insurance coverage for a period of six (6) months (collectively "Severance"). Such severance is contingent upon the employee signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents). If the employee retires subsequent to separation and receives coverage under the City’s retiree health plan within six months of separation, the employee shall reimburse the City for the portion of the Severance associated with the value of continuation of health insurance coverage attributable to post-employment months after which the employee had coverage through the City’s retiree health plan. If the employee is terminated for “cause,” the City shall not oweany severance under this Plan. The determination of whether there is “cause” for termination shall include but not be limited to those items listed in the Personnel Rules. The term “cause” only relates to the potential to receive severance, and has no bearing on an employee’s at-will status. 89 of 165
9 ARTICLE THREE: BENEFITS
SECTION 12. SICK LEAVE
A. Rate of Sick Leave Earned
Employees covered under this Plan shall accrue ninety-six (96) hours of sick leave per year, accrued incrementally each pay period. Any employee employed in the Fire Battalion Chief classification shall accrue sick leave at 1.4 timesthe amount above, asthe Fire Battalion Chief’s normal work schedule is 2,912 hours annually, 1.4 times the normal work schedule of allother employees covered by the Plan, which is 2,080 hours annually.

B. Sick Leave Incentive
An employee’s sick leave use shall be reviewed by the City at the end of each calendar year.

Employees who do not use any sick leave for six (6) consecutive months within the calendar year shall receive an additional four (4) hours of accrued vacation time (5.6 hours for the Fire Battalion Chief). Employees who do not use any sick leave for the entire calendar year (12 months) will receive an additional eight (8) hours of vacation time (11.2 hours for the Fire Battalion Chief).

C. Other Use of Sick Leave
All other conditions regulating sick leave accruals, usage, and family leave contained within the City’s duly adopted Personnel Rules shall apply to all employees covered under this Plan.

SECTION 13. HOLIDAYS
A. Holiday Pay
The Fire Battalion Chief covered by this Plan has routine scheduled staffing without regard to holidays, and therefore works on holidays as a part of their normal schedule. The employee shall receive, in lieu of holiday time off, eleven and one- fifth (11.2) hours of Holiday Pay at their straight time basic hourly rate for each holiday set forth in Section 13.B below.

B. Holiday Leave
Employees shall receive the following legal paid holidays:
• January 1 New Year's Day
• Third Monday in January Martin Luther King's Birthday • Third Monday in February Washington's Birthday
• Last Friday in March Caesar Chavez Day
• Last Monday in May Memorial Day
• June 19 Juneteenth Day
• July 4 Independence Day
• First Monday in September Labor Day
• November 11 Veteran's Day
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10 • Fourth Thursday in November Thanksgiving
• Fourth Friday in November Day after Thanksgiving
• December 25 Christmas
In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday for pay and leave purposes. In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday for pay and leave purposes. Every day proclaimed by the President or the Governor as a public fast, Thanksgiving, day of mourning, or holiday shall be observed as a holiday for paypurposes.

The Fire Battalion Chief shall receive 11.2 hours of straight time pay for each holiday listed above in lieu of receiving paid time off.

In addition, employees covered under this Plan shall receive twelve (12) hours of floating holidays each fiscal year. These hours are not vested and must be taken by June 30th of each year or they will be lost. These hours may not be cashed out. The Fire Battalion Chief shall receive 16.8 hours of floating holiday paid time off.

SECTION 14. ADMINISTRATIVE LEAVE
A. Department Heads
The following classifications shall be entitled to receive administrative leave at an accrual rate of ninety-six (96) hours per year, accrued incrementally each pay period, and may cash out no more than sixty-four (64) hours each year. Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date. • Assistant City Manager
• Community Development Director
• Community Services Director
• Development Services Director/City Engineer
• Finance Director
• Fire Chief
• Human Resources Director
• Police Chief
• Public Works Director
B. All Other Classifications
Unless otherwise provided under thissection, all other classifications covered by this Plan shall be entitled to receive administrative leave at an accrual rate of sixty (60) hours per year (84 hours for the Fire Battalion Chief), accrued incrementally each pay period, and may cash out no more than forty (40) hours each year (56 hours for the Fire Battalion Chief). Any balance remaining at the end of each calendar year will automatically be paid out at the employees’ hourly base pay in effect on that date.
• The Human Resources Technician and Human Resources Specialist are not entitled to receive administrative leave due to non-exempt FLSA status. 91 of 165
11 SECTION 15. OTHER LEAVES
Employee covered by this Plan shall receive all other leaves (Bereavement, Family and Medical, Jury Duty, Military, etc.) as provided to other Miscellaneous City employees.

SECTION 16. VACATION
A. Rate of Vacation Earned
Employees shall accrue vacation at the following rates, up to the following maximums, for continuous years of service performed:

Years of Service Hours Accrued Per Year Maximum Accrual (Hours) 0 – 4 96 192
5 – 9 144 288
10 – 15 160 320
16+ 192 384
The Fire Battalion Chief shall accrue vacation and have a maximum accrual cap at 1.4 times the amounts of employees in other classifications covered under the Plan.

The City Manager may grant a new employee a higher annual accrual rate based on years of public service with other agencies or other appropriate factors. If a new employee is granted a higher initial rate of annual accrual, the employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step.

Employees covered by the Plan may cash out up to 52 hours of vacation annually, provided that he/she has a minimum of 20 days (160 hours) accumulated. The Fire Battalion Chief may cash out 72.8 hours of vacation annually, provided that he/she has a minimum of 224 hours accumulated.

Employees that transition from IEAs to the Plan shall accrue vacation at the rate that the employee receives under their IEA at the time of transition. The employee’s rate will stay the same until the employee advances, based on the years of City service, to the higher accrual step per the table above. Employees that transition from IEAs to the Plan shall not have any cap on maximum accrual.

SECTION 17. MEDICAL BENEFITS
A. Health Insurance
The City shall make the following contributions toward the employee’s health premium:
• Effective January 1, 2020, the City’s contribution toward the employee’s health premium will equal the 2019 Kaiser rate at each level of coverage. • Effective January 1, 2021, and every January 1 thereafter, the City’s contribution toward the employee’s health premium will equal the Kaiser rate for the prior calendar year at each level of coverage.
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12 B. Retiree Medical Insurance
The City will contribute toward retiree health premiums, at the retiree’s preferred family status, as follows:
• Employees hired before July 1, 2010 shall be:
➢ eligible to continue in the CalPERS Health Plan and receive a City contribution toward their retiree health premium equal to that provided to current active employees, in accordance with Government Code Section 22892 ➢ offered the option to elect to participate in the vesting program as defined below (described by Government Code Section 22893) as soon after the program implementation as allowed per CalPERS regulations
• Employees hired on or after July 1, 2010 shall receive a City contribution toward their retiree health premium in an amount as described by Government Code Section 22893 (the PERS vesting schedule).

The percentage of employer contribution toward retiree health premiums is determined annually by CalPERS and shall be based on the member’s completed years of credited service (excluding any purchased service credits) at retirement as shown in the table below. Employees must have a minimum of five (5) years of service with the City of Pinole and 10 years of total CalPERS service credit to be eligible for this benefit.

Credited Years of
Service
Percentage of Employer
Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
18 90
19 95
20 or more 100
C. Medical In-Lieu
Eligible full-time employees with alternate medical insurance shall be allowed to receive payment in lieu of medical insurance as follows:
• One-party coverage: $225
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13 • Two-party coverage: $450
• Family coverage: $600
An employee must show proof of adequate medical insurance coverage under another health plan before the benefit may be received, and annually thereafter. Employees will be subject to provisions of the City's health plans in the event termination of in-lieu benefits and resumption of medical coverage is desired.

Employees electing the medical in-lieu option shall be entitled to an adjustment in the amount received for this option should their coverage status change. It is the duty of the employee to notify Human Resources of any such changes.

SECTION 18. DENTAL INSURANCE
A. Dental Insurance Provided
The City shall pay for the dental insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.

The City-provided dental insurance plan provides for a maximum annual dental payout of $1,500 total for each employee and their eligible dependents.

B. Orthodontic Insurance Provided
The City shall pay for the orthodontic insurance premiums for employees covered by this Plan and their eligible dependents, if desired. Selection of the carrier shall be at the discretion of the City.

The City-provided orthodontic insurance plan provides for a lifetime maximum orthodontic payout of $1,500 for each employee and for each employee’s eligible dependents.

SECTION 19. VISION INSURANCE
A. Vision Insurance Provided
The City agrees to pay the premium for full family vision care coverage that provides for one examination, one set of lenses, and one frame per year. Selection of the carrier shall be at the discretion of the City. The City provided plan shall provide for a $20 co- payment for examination and a $20 co-payment for materials.

SECTION 20. SECTION 125 FLEXIBILE BENEEFIT PLAN
A. The City shall establish and pay the costsfor administering a flexible benefit plan for this employee group. Selection of the benefit provider shall be at the discretion of the City. 94 of 165
14 SECTION 21. LIFE INSURANCE
A. Life Insurance Provided
The City agrees to provide term life insurance and accidental death and dismemberment insurance in the amount of $40,000 each per year/per employee. Selection of the carrier shall be at the discretion of the City.

SECTION 22. DISABILITY INSURANCE
A. Disability Insurance Provided
The City agrees to provide the State Disability Insurance program to employees covered by this Plan.

B. Disability Insurance Premium Rates
• Short Term Disability Rates
The City shall provide, at its own expense, short-term disability insurance of two- thirds of salary ($463 per week maximum benefit) with a 29-day waiting period. • Long Term Disability Rates
The City shall provide, at its own expense, long term disability insurance of two- thirds ofsalary up to $3,000 per month ($2,001 maximum benefit) with a 90-day waiting period.

The City shall make coverage available to Police Safety employee interested in participating in Peace Officers’ Research Association of California (PORAC) long-term disability plan lieu of the City’s LTD Plan. The City shall provide, at its own expense, the monthly premium payments for the PORAC’s LTD Plan. Employee is responsible for any monthly premium payment if the PORAC LTS Plan exceeds the cost of the City’s LTD Plan.

C. Disability Insurance Option for Upgrade
Employees have the option to upgrade the plan to provide two-thirds of salary up to $5,000 per month at employee expense provided that all employees covered under this Plan opt for this upgraded coverage with said expense taken as a payroll deduction and provided the selected carrier agrees to this change.

SECTION 23. DOMESTIC PARTNER MEDICAL COVERAGE
A. Domestic Partnership and Coverage Defined
A Domestic Partnership is defined pursuant to the California Family Code. The City, in accordance with CalPERS regulations, will allow coverage for registered domestic partners of employees, as qualified dependents, under the medical, dental, and vision health care plans.

Prior to any coverage being provided, the employee must provide proof of domestic partnership registration with the California Secretary of State.
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15 SECTION 24. INCENTIVE BENEFITS
A. Educational Degree
During the term of this Plan, the City will pay those employees who have earneddegrees from accredited college institutions, additional pay as follows:
• Associate of Art/Science Degree $ 75.00 per month
• Bachelor of Art/Science Degree $150.00 per month
• Master of Art/Science Degree $225.00 per month
An employee is only eligible to receive Educational Degree Pay under this section for one degree. An employee is not eligible to receive this pay for multiple degrees and/or disciplines.

This Educational Degree Pay shall only be paid to employees holding a degree beyond that which is required for their classification, as outlined in the classification description, and if a higher degree is determined to be beneficial by the City Manager, which shall not unreasonably be withheld.

B. Bilingual Pay
The City Manager may assign designated employee(s) to receive a monthly bilingual pay stipend of $200.00 per month. Such assignment shall be in writing and must be renewed on an annual basis. To be eligible to receive a bilingual pay differential, an employee must:
• Speak the recognized languages spoken in the City service area. • Agree to utilize their bilingual ability on the job.
• Demonstrate bilingual proficiency satisfactorily to an evaluating agency/individual. • Agree to maintain the necessary training and certification standards established by the City to continue to receive the bilingual pay stipend.

SECTION 25. RETIREMENT PLAN FOR EMPLOYEES
A. Retirement Plan Defined
The City shall contract with the California Public Employees Retirement System (CalPERS) for the purpose of allowing employees to earn retirement benefits.

B. CalPERS Contract Benefits – Classic Employees
For “Classic” Public Safety (3% @ 55 Plan) and Miscellaneous (2.5% @ 55 Plan) Members, the contract offers the following options:
• Military Buy Back - The choice to participate in the CalPERS Military Buy Back program is solely at the discretion and cost of the employee. • Third Level 1959 Survivors Benefits
• Single Highest Year Compensation Formula
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16 • Service Credit for Unused Sick Leave
C. CalPERS Employer Contribution Rate Sharing Formula for ClassicEmployees The total amount owed by the City to CalPERS related to retirement benefits of City employees and annuitants is composed of the plan total normal cost and the plan total amortized cost, which together are the “Plan Total Cost”. City employees pay an “expected” employee contribution toward the plan total normal cost. Unless otherwise established between the City and employees, the City pays to CalPERS the plan total cost less the expected employee contribution, which is paid to CalPERS by the employee through payroll deduction.

Employees covered under the Plan will pay an amount above the expected employee contribution, calculated as described below.

Public Safety Employees
Employees covered by this Plan that participate in CalPERS as public safety plan Tier 1 (“Classic”) employees will contribute 9% of salary (expected employee contribution) and an additional 12.935% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 public safety plan employees, when expressed as a percentage of payroll, increases in excess of 5.0% over the prior year’s contribution rate, the additional amount above the 5.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 7%, then the City will pay 5% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.

Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).

Miscellaneous Employees
Employees covered by this Plan that participate in CalPERS as Tier 1 (“Classic”) employees will contribute 8% of salary (expected employee contribution) and an additional 8.388% of salary (employee’s share of City rate). In the event the Plan Total Cost for the City’s Tier 1 employees, when expressed as a percentage of payroll, increases in excess of 4.0% over the prior year’s contribution rate, the additional amount above the 4.0% increase shall be shared equally between the City and the employee. For example, if the employer contribution rate increases from one year to the next by 6%, then the City will pay 4% of that increase. For the remaining 2%, the City will pay 1% and the employee will pay 1%.

Effective the full pay period that contains July 1, 2022, the employees’ total CalPERS contribution (combined employee’s contribution and employee’s share of the City’s contribution) shall be reduced to fifteen percent (15%).

D. CalPERS Contract Benefits – PEPRA Employees
Individuals first employed by the City on or after January 1, 2013 who are defined as “new members” by the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the CalPERS.
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17 Employees classified as PEPRA Public Safety members will be enrolled in a 2.7% @ 57 plan.

Employees designated as Local Miscellaneous PEPRA members will be enrolled in a 2% @ 62 plan. Employees covered by the Plan enrolled in CalPERS as PEPRA Public Safety or Local Miscellaneous members will be responsible to pay a contribution to CalPERS equal to 50% of the total normal cost for their defined Plan as determined by CalPERS.

SECTION 26. DEFERRED COMPENSATION – 457 PLAN
The City shall make a 457 plan available for employees covered by the Plan to contribute to through payroll deduction.

SECTION 27. CLOTHING AND EQUIPMENT ALLOWANCE
A. Uniform and Safety Equipment Allowance for Public SafetyEmployees Fire safety classifications covered by this Plan will receive an annual uniform allowance of $800 per year for items which are not solely for personal health and safety, to align with the International Association of Firefighters, Local 1230’s clothing allowance.

After voluntarily transitioning to this Plan or at the time that an employee’s Individual Employment Agreement expires, Fire safety classifications will be entitled to a clothing allowance of $1,000 per year.

Police safety employees covered by this Plan shall receive an annual uniform allowance of $1,000 for the purchase and maintenance of uniforms and accessories.

The uniform allowance will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December. Newly hired employees shall be eligible for a pro-rated start-up allowance.

Police employees covered by this Plan shall receive an annual safety equipment allowance of $255 for the purchase of equipment such as a weapon, holster, duty belt, handcuffs, baton, flashlight, etc. The safety equipment allowance shall be paid in the same fashion asthe uniform allowance described above.

B. Safety Shoe Allowance
The classifications listed under this section shall receive a safety shoe allowance in the amount of $200 per year.
• Public Works Manager
• Wastewater Treatment Plant Manager
The allowance provided under this section will be paid twice annually, one-half (1/2) in June and one-half (1/2) in December.

SECTION 28. AUTO ALLOWANCE
A. Police and Fire
The City shall provide the following classifications with a city-owned automobile for use in 98 of 165
18 discharging their duties, subject to all federal and state tax laws. The City shall also provide all expenses related to gasoline, maintenance and insurance of said vehicle. The classifications covered under this subsection shall have the unrestricted use of said vehicle within the State of California and shall not drive outside the state unless receiving prior approval from the City Manager.
• Police Chief
• Police Lieutenant
• Fire Chief
• Fire Battalion Chief
B. All Other Employees
The City shall provide employees with an automobile allowance in the form of a per mile reimbursement per IRS-approved mileage rates. These payments shall be made in conjunction with the City's normal payroll periods and subject to all federal and state withholding and tax laws. Employees hired on or after November 17, 2020 shall be eligible to receive mileage reimbursement for use of their personal vehicle when conducting City business.

C. Elimination of Auto Allowance
Employees with IEA’s who voluntarily transitioned to the Plan, prior to the expiration of their IEA, and who were receiving a monthly auto allowance will continue to receive their monthly auto allowance in lieu of a per mile reimbursement.

SECTION 29. CELLPHONE ALLOWANCE
An employee covered under this Plan has the option to obtain a City-issued cellphone for business purposes. If the employee does not elect to receive a City-issued cellphone, the City shall provide the employee with a $65 monthly stipend. This stipend shall be payable on one pay period each month and be subject to all federal and state withholding and tax laws.

The employee hereby acknowledges and agrees that receipt of this stipend means that any voicemail, text, or e-mail messagesreceived on his or her device that are related to City business are the property of the City and are subject to disclosure in accordance with the Public Records Act and applicable case law. The employee further hereby confirms that he or she will provide authorization for the City to obtain such records from his or her service provider.

SECTION 30. FIRE BATTALION CHIEF BACKFILL FOR PARTNER AGENCY The Fire Battalion Chief classification is distinct among the classifications covered by the Plan in that it performs shift work. The City of Pinole is a party, with the Rodeo-Hercules Fire District and the Contra Costa County Fire Protection District, to the Battalion 7 agreement, through which, among other things, each party provides a Fire Battalion Chief on a rotating shift basis to cover the needs of the entire Battalion 7. From time to time, the Pinole Fire Battalion Chief is required to cover a shift as Battalion Chief for Battalion 7 that is additional to the City’s normal shifts. When the City’s Fire Battalion Chief covers the Battalion Chief duties for another agency, the Fire Battalion Chief shall receive compensation at a rate of one and one-half times his or her basic hourly salary for the hours worked, not to exceed the amount 99 of 165
19 reimbursed by the other agencies.

SECTION 31. LONGEVITY PAY
Consistent with the Pinole Police Employees Association’s Longevity Pay, the Police Lieutenant classification will be eligible for Longevity Pay amounting to 3% of the employee’s base straight-time pay once they have reached 15 years ofservice.

SECTION 32. PROFESSIONAL DEVELOPMENT
Subject to budgetary constraints, the City will pay for professional memberships, subscriptions, and training subject to the approval of the City Manager. The City will pay the expenses of transportation, food, lodging, and registration for management and confidential employee at meetings and trainings subject to the approval of the City Manager. 100 of 165
20 EXHIBIT “A”

MANAGEMENT GROUP SALARY RANGES
Effective
07/045/20221
Revised 03/01/2022
Classification Minimum
Annual Salary
Minimum
Hourly Rate
Maximum Annual
Salary
Maximum
Hourly Rate
Assistant City
Manager
$198,679.66 $95.5191 $241,496.79 $116.1042
Police Chief $198,679.66 $95.5191 $241,496.79 $116.1042 Development Services
Director/City Engineer
$189,219.24 $90.9708 $229,996.81 $110.5754
Community
Development Director
$172,017.17 $82.7006 $209,089.05 $100.5236
Finance Director $172,017.17 $82.7006 $209,089.05 $100.5236 Fire Chief $172,017.17 $82.7006 $209,089.05 $100.5236
Human Resources
Director
$172,017.15 $82.7006 $209,089.03 $100.5236
Public Works Director $172,017.15 $82.7006 $209,089.03 $100.5236 Classification Minimum
Annual
Minimum
Hourly
Maximum
Annual
Maximum
Hourly
Assistant City Manager $204,557.27 $98.3448 $248,741.64 $119.5873 Police Chief $204,557.27 $98.3448 $248,741.64 $119.5873 Development Services Director/City Engineer $194,816.40 $93.6617 $236,896.74 $113.8927 Community Development Director $177,106.71 $85.1475 $215,361.76 $103.5393 Finance Director $177,106.71 $85.1475 $215,361.76 $103.5393 Fire Chief $177,106.71 $85.1475 $215,361.76 $103.5393
Human Resources Director $177,106.71 $85.1475 $215,361.76 $103.5393 Public Works Director $177,106.71 $85.1475 $215,361.76 $103.5393 Building Official $153,255.63 $73.6806 $186,358.85 $89.5956 Community Services Director $153,255.60 $73.6806 $186,358.81 $89.5956 Fire Battalion Chief $109,466.42 $52.6281 $133,111.17 $63.9958 Planning Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Police Lieutenant $153,255.60 $73.6806 $186,358.81 $89.5956 Wastewater Treatment Plant Manager $153,255.60 $73.6806 $186,358.81 $89.5956 Capital Improvement & Environmental
Program Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Public Works Manager $126,657.24 $60.8929 $154,015.21 $74.0458 Recreation Manager $112,584.71 $54.1273 $136,903.00 $65.8188 Assistant to the City Manager $112,584.53 $54.1272 $136,902.79 $65.8186 Deputy City Clerk $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Analyst $86,038.33 $41.3646 $104,622.60 $50.2993 Human Resources Specialist $71,348.09 $34.3020 $86,759.27 $41.7112 Human Resources Technician $64,495.74 $31.0076 $78,426.82 $37.7052 101 of 165
21 Community Services
Director
$148,852.45 $71.5637 $180,930.82 $86.9860
Fire Battalion Chief $148,849.87 $51.1160 $180,927.69 $62.1318 Planning Manager $148,852.43 $71.5637 $180,930.80 $86.9860 Police Lieutenant $148.852.43 $71.5637 $180,930.80 $86.9860 Capital Improvement
& Environmental
Program Manager
$123,019.19 $59.1438 $149,529.25 $71.8891
Public Works Manager $123,019.19 $59.1438 $149,529.25 $71.8891 Wastewater Treatment
Plant Manager
$123,019.19 $59.1438 $149,529.25 $71.8891
Recreation Manager $109,350.11 $52.5722 $132,915.46 $63.9017 Assistant to the City
Manager
$109,350.02 $52.5721 $132,915.35 $63.9016
Deputy City Clerk $83,566.66 $40.1763 $101,575.25 $48.8343 Human Resources
Analyst
$83,566.66 $40.1763 $101,575.25 $48.8343
Human Resources
Specialist
$69,298.42 $33.3165 $84,232.21 $40.4963
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CITY COUNCIL
REPORT
9E
DATE: JULY 5, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING SIDE LETTER AGREEMENTS

TO THE MEMORANDUMS OF UNDERSTANDING (MOU) BETWEEN
THE CITY AND AFSCME LOCAL 1 AND LOCAL 512 TO AMEND
ARTICLE II – RECOGNITION AND ATTACHMENT A – SALARY

SCHEDULE

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving Side Letter Agreements to the Memorandums of Understanding (MOU) between the City of Pinole and AFSCME Local 1 and Local 512 to amend Article II – Recognition and Attachment A – Salary Schedule.

BACKGROUND
In 2019, the City developed the City of Pinole Strategic Plan 2020-2025 through an extensive research and engagement process, which identified the City’s vision, mission, goals, and strategies over the five-year period.

Relative to the City’s goal to build an organization culture that is efficient, ethical, and effective in delivering quality services with community involvement and fiscal stewardship, one of the strategies identified was the development of an employee attraction, retention, and development plan. One activity identified in support of this plan is the analysis of the City’s classification and compensation system and update it as needed to provide engaging job descriptions, career growth opportunities, and competitive pay.

REVIEW AND ANALYSIS
In a recent comprehensive analysis of the City’s classification and compensation system, staff identified the need to update or create multiple classification specifications to reflect expanded scopes of responsibilities and tasks assigned to positions due to changes in the City’s operational needs. Staff also identified the need for salary range adjustments of specific classifications to remain competitive within the labor market and 103 of 165
City Council Report
Meeting Date: July 5, 2022 2
the placement of newly created or reactivated classifications on the salary schedule with competitive ranges.

Staff has met and conferred with AFSCME Locals 1 and 512 representatives to discuss changes to the City’s classification and compensation system as they affect represented employees. The AFSCME Locals were supportive of the side letters containing changes to Article II and Attachment A of their MOUs.

It is recommended that the side letters be effective retroactive to July 4, 2022, with the first full pay period following July 1, 2022.

FISCAL IMPACT
The total fiscal impact of the salary range adjustments is approximately $210,734, which includes the cost of the increases in salaries as well as salary-driven benefits, such as CalPERS pension. Note that the expenditures will not impact the General Fund since the employees in said classifications are allocated to Wastewater Enterprise Fund, a separate non-general fund.

ATTACHMENTS
Attachment A: Resolution
Exhibit A: Side Letter Agreements with AFSCME Locals 1 and 512 104 of 165

ATTACHMENT A
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY OF PINOLE, COUNTY OF CONTRA COSTA, STATE

OF CALIFORNIA, APPROVING SIDE LETTER AGREEMENTS TO THE

MEMORANDUMS OF UNDERSTANDING (MOUS) BETWEEN THE CITY OF PINOLE AND THE REPRESENTED GROUPS AFSCME LOCAL 1 & AFSCME LOCAL 512 TO AMEND ARTICLE II – RECOGNITION AND ATTACHMENT A, OF THEIR

RESPECTIVE MOU AGREEMENTS
WHEREAS, the American Federation of State, County, and Municipal Employees Local 1 and Local 512 (AFSCME) represent the frontline/administrative and the professional/technical employees of the City, respectively; and WHEREAS, the City conducted a classification and compensation system analysis and recommended changes to the system which affects represented classifications within the AFSCME Unions; and
WHEREAS, AFSCME supports the City’s recommended changes; and WHEREAS, AFSCME and the City will execute side letters amending Section II – Recognition and Attachment A of their MOUs to reflect the classification and compensation system changes; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pinole does hereby approve side letter agreements to make changes to the classification and compensation system and authorizes the City Manager to execute side letter agreements with the represented employee groups, attached hereto as Exhibit A, and incorporated herein by this reference, effective July 4, 2022.

PASSED AND ADOPTED this 5th day of July 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was introduced, passed and adopted on this 5th day of July 2022.
____________________________
Heather Bell, CMC
City Clerk
105 of 165
Side Letter of Agreement
Between the City of Pinole and AFSCME Union, Local 512

This will confirm that the representatives of the City of Pinole (“City”) and the AFSCME Union, Local 512 (“AFSCME”) have met and conferred and have agreed to the following modifications of their memorandum of understanding (“MOU”) covering the term July 1, 2021 through June 30, 2023 as follows:

The parties agree to modify the following paragraph under Article II, Section 2.1, Unit Composition and Attachment A:

ARTICLE II. RECOGNITION

2.1 Job Classifications in the Unit.

The Professional and Technical unit consists of the following job classifications:

Accountant
Accounting Specialist
Associate Civil Engineer
Associate Planner
Building Inspector I
Building Inspector II
Cable Access Coordinator
Code Enforcement Officer I
Code Enforcement Officer II
Environmental Analyst
Information Systems Administrator
Information Systems Specialist
Laboratory Analyst I
Laboratory Analyst II
Laboratory Supervisor
Management Analyst
Public Works Maintenance Supervisor
Public Works Specialist
Recreation Coordinator
Rental Inspector
Sr. Building Inspector
Senior Project Manager
Wastewater Treatment Plant Operations Supervisor
Water Pollution Control Plant Supervisor
ATTACHMENT A – FY 22/23 SALARY SCHEDULE
City of Pinole Salary Ranking
A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Building Inspector I $ 6,715.21 $ 38.7416 $ 7,050.99 $ 40.6788 $ 7,403.53 $ 42.7127 $ 7,773.72 $ 44.8484 $ 8,162.43 $ 47.0909 Building Inspector II $ 7,403.53 $ 42.7127 $ 7,773.72 $ 44.8484 $ 8,162.43 $ 47.0909 $ 8,570.55 $ 49.4455 $ 8,999.08 $ 51.9177 Code Enforcement Officer I $ 6,715.21 $ 38.7416 $ 7,050.99 $ 40.6788 $ 7,403.53 $ 42.7127 $ 7,773.72 $ 44.8484 $ 8,162.43 $ 47.0909 Code Enforcement Officer II $ 7,403.53 $ 42.7127 $ 7,773.72 $ 44.8484 $ 8,162.43 $ 47.0909 $ 8,570.55 $ 49.4455 $ 8,999.08 $ 51.9177 Laboratory Analyst I $ 7,755.62 $ 44.7439 $ 8,143.40 $ 46.9811 $ 8,550.57 $ 49.3302 $ 8,978.10 $ 51.7967 $ 9,427.00 $ 54.3865 Laboratory Analyst II $ 8,550.57 $ 49.3302 $ 8,978.10 $ 51.7967 $ 9,427.00 $ 54.3865 $ 9,898.35 $ 57.1059 $ 10,393.27 $ 59.9612 Laboratory Supervisor $ 9,717.76 $ 56.0640 $ 10,203.65 $ 58.8672 $ 10,713.83 $ 61.8106 $ 11,249.52 $ 64.9011 $ 11,812.00 $ 68.1462 Wastewater Treatement Plant Ops. Supervisor 9,717.76 $ $ 56.0640 $ 10,203.65 $ 58.8672 $ 10,713.83 $ 61.8106 $ 11,249.52 $ 64.9011 $ 11,812.00 $ 68.1462 FY 22/23
Bargaining Unit
AFSCME
Proposed Salary Ranges

EXHIBIT A
106 of 165
Side Letter of Agreement
Between the City of Pinole and AFSCME Union, Local 512

There shall be no change to any other portion of Article II or Attachment A or to any section(s) of the existing agreement other than those identified in this and any preceding Side Letter of Agreements.

Dated: ____________________

AFSCME UNION CITY OF PINOLE
By________________________ By________________________
Kym Anderson Andrew Murray
AFSCME Representative City Manager
By_________________________ By________________________
Kimberly Odom Stacy Shell
AFSCME Representative Human Resources Director
107 of 165
Side Letter of Agreement
Between the City of Pinole and AFSCME Public Employees Union, Local One

This will confirm that the representatives of the City of Pinole (“City”) and the AFSCME Public Employees Union, Local One (“PEU”) have met and conferred and have agreed to the following modifications of their memorandum of understanding (“MOU”) covering the term July 1, 2021 through June 30, 2023 as follows:

The parties agree to modify the following paragraph under Article II, Section 2.1, Unit Composition and Attachment A:

ARTICLE II. RECOGNITION

2.1 Unit Composition.

The City hereby recognizes the Union as the majority representative of the following job classifications:

Accounting Technician
Administrative Assistant
Cable Access Technician
Community Services Officer
Cook
Environmental AssistantLaboratory Technician I
Laboratory Technician II
Permit Technician I
Permit Technician II
Permit Technician III
Police Property Specialist
Police Records Specialist
Public Works Maintenance Worker
Public Works Senior Maintenance Worker
Wastewater Treatment Plant Senior Operator
Wastewater Treatment Plant Operator
Wastewater Treatment Plant Senior Maintenance Mechanic
Wastewater Treatment Plant Maintenance Mechanic
Wastewater Treatment Plant Operator in Training
ATTACHMENT A – FY 22/23 SALARY SCHEDULE
City of Pinole Salary Ranking
There shall be no change to any other portion of Article II or Attachment A or to any section(s) of the existing agreement other than those identified in this and any preceding Side Letter of Agreements.

Dated: ____________________

AFSCME PUBLIC EMPLOYEES UNION CITY OF PINOLE
By________________________ By________________________
Lisa Davis Andrew Murray
PEU Representative City Manager A
Monthly
A
Hourly
B
Monthly
B
Hourly
C
Monthly
C
Hourly
D
Monthly
D
Hourly
E
Monthly
E
Hourly
Laboratory Technician I $ 6,151.80 $ 35.4912 $ 6,459.39 $ 37.2657 $ 6,782.36 $ 39.1290 $ 7,121.48 $ 41.0854 $ 7,477.55 $ 43.1397 Laboratory Technician II $ 6,782.36 $ 39.1290 $ 7,121.48 $ 41.0854 $ 7,477.55 $ 43.1397 $ 7,851.43 $ 45.2967 $ 8,244.00 $ 47.5615 Permit Technician I $ 5,376.83 $ 31.0202 $ 5,645.67 $ 32.5712 $ 5,927.95 $ 34.1997 $ 6,224.37 $ 35.9098 $ 6,535.60 $ 37.7054 Permit Technician II $ 5,927.95 $ 34.1997 $ 6,224.37 $ 35.9098 $ 6,535.60 $ 37.7054 $ 6,862.38 $ 39.5906 $ 7,205.50 $ 41.5702 Permit Technician III $ 6,535.60 $ 37.7054 $ 6,862.38 $ 39.5906 $ 7,205.50 $ 41.5702 $ 7,565.77 $ 43.6487 $ 7,944.06 $ 45.8311 Wastewater Operator $ 7,549.94 $ 43.5573 $ 7,927.44 $ 45.7352 $ 8,323.81 $ 48.0220 $ 8,740.00 $ 50.4231 $ 9,177.00 $ 52.9442 Wastewater Operator in Training $ 5,446.29 $ 31.4209 $ 5,718.60 $ 32.9920 $ 6,004.54 $ 34.6415 $ 6,304.76 $ 36.3736 $ 6,620.00 $ 38.1923 Wastewater Senior Operator $ 8,505.10 $ 49.0679 $ 8,930.35 $ 51.5213 $ 9,376.87 $ 54.0973 $ 9,845.71 $ 56.8022 $ 10,338.00 $ 59.6423 Wastewater Maintenance Mechanic 6,366.89 $ $ 36.7321 $ 6,685.24 $ 38.5687 $ 7,019.50 $ 40.4971 $ 7,370.48 $ 42.5220 $ 7,739.00 $ 44.6481 Wastewater Senior Maint. Mechanic 7,519.50 $ $ 43.3817 $ 7,895.48 $ 45.5508 $ 8,290.25 $ 47.8284 $ 8,704.76 $ 50.2198 $ 9,140.00 $ 52.7308 FY 22/23
Bargaining Unit

LOCAL ONE
Proposed Salary Ranges
108 of 165
Side Letter of Agreement
Between the City of Pinole and AFSCME Public Employees Union, Local One

By_________________________ By________________________
Ana Aviles Avila Stacy Shell
PEU Representative Human Resources Director
109 of 165

CITY COUNCIL
REPORT
9F
DATE: JULY 5, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: ORDINANCE AMENDING CHAPTER 12.04 “STREET
EXCAVATIONS” OF THE CITY OF PINOLE MUNICIPAL CODE AND

ADDING PERMITTING PROCEDURES, INSURANCE

REQUIREMENTS, CONSTRUCTION STANDARDS AND

PAVEMENT RESTORATION GUIDE FOR ENCROACHMENTS INTO

PUBLIC RIGHT-OF-WAY

RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt an ordinance amending Chapter 12.04, “Street Excavations,” of the City of Pinole Municipal Code to rename Chapter 12.04 as “Encroachments Into Public Right-OfWay” and revise permitting procedures for encroachments into the public right-of-way.

BACKGROUND
At its regularly scheduled meeting on Tuesday, June 21st, the City Council received a presentation and staff report to introduce and conduct a first reading of an ordinance to amend Chapter 12.04 of the Municipal Code to update the City’s permitting procedures and requirements for encroachments into the public right-of-way. The staff report and ordinance from the June 21st meeting are included as Attachment A.

At that meeting, a minor typo was identified in the proposed ordinance by public comment. Specifically, the last sentence of subsection (D) in Chapter 12.04.050 states “…the permit he must relocate…” rather than “the permittee must relocate” in error.

All five councilmembers voted affirmatively to approve the proposed ordinance subject to correction of this typographical error, and any further minor errors identified by the City Attorney’s office. The City Attorney’s office has identified a few additional minor typos in the proposed ordinance. Specifically, the following additional changes were made in Chapter 12.04.050: 1) the phrase “or her” was added to the last sentence of subsection (B); 2) the words “right away” were changed to “right-of-way” in the last sentence of subsection (D); and 3) the word “Permit’s” was changed to “Permits” in the last sentence of subsection (G). A revised copy of the proposed ordinance, with corrections to Chapter 12.04.050 is attached here as Attachment B.

The proposed ordinance amends the Municipal Code by renaming Chapter 12.04 “Street Excavations” as “Encroachments Into Public Right-Of-Way.” Additionally, the 110 of 165
City Council Report
July 5, 2022
proposed ordinance adds language to provide a more comprehensive permitting procedure for all encroachments into the public right-of-way. Key changes to Chapter

12.04 include the addition of a “Definitions” section to clarify the meaning of key terms, detailed permitting procedures, and mandates for permittee insurance coverage.

Changes also include the addition of comprehensive procedures and requirements to establish construction, engineering and pavement restoration standards. The proposed amendment, if approved by the City Council will supersede the existing excavation policy implemented by the City Council in 1965.

The Municipal Code Update Subcommittee previously reviewed and approved the proposed ordinance and amended language to Chapter 12.04, without revision. All five councilmembers voted affirmatively to approve the proposed ordinance subject to correction of any typographical or grammatical error.

FISCAL IMPACT
There is no direct fiscal impact as a result of adopting the attached Ordinance.

ATTACHMENTS
A. June 21, 2022 Staff Report.

B. Ordinance of the City Council of the City of Pinole
Exhibit A: Chapter 12.04
111 of 165

CITY COUNCIL
REPORT

ATTACHMENT A
DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: ERIC CASHER, CITY ATTORNEY
SUBJECT: CONDUCT FIRST READING OF ORDINANCE AMENDING
CHAPTER 12.04 “STREET EXCAVATIONS” OF THE CITY OF

PINOLE MUNICIPAL CODE AND ADDING PERMITTING

PROCEDURES, INSURANCE REQUIREMENTS, CONSTRUCTION

STANDARDS AND PAVEMENT RESTORATION GUIDE FOR

ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY

RECOMMENDATION
Staff recommends that the City Council conduct the first reading of an ordinance amending Chapter 12.04, “Street Excavations,” of the City of Pinole Municipal Code to rename Chapter 12.04 as “Encroachments Into Public Right-Of-Way” and add language regarding permitting procedures, insurance requirements, construction standards and pavement restoration guides for encroachments into the public rightof-way.

BACKGROUND
Government Code Section 38775 authorizes the City of Pinole to prohibit and prevent encroachments upon or obstruction in or to any sidewalks, street, alley, lane, court, park, or other public place and provide for the removal of such encroachment or obstruction.

In 1965, the City Council adopted Ordinance No. 217, which established street and sidewalk excavation and construction procedures for the City by adding Chapter 12.04 entitled “Street Excavations” to the City of Pinole Municipal Code. Municipal Code Chapter 12.04 authorizes the superintendent of streets to issue written permits to make an opening or excavation for any purpose in the city streets; plan, remove, cut, injure or destroy trees, shrubs and plants; or repair or construct a sidewalk, driveway or its appurtenances by private contractor.

The amendments to the Municipal Code propose to rename Chapter 12.04 as “Encroachments Into Public Right-Of-Way” to provide a comprehensive permitting procedure for all encroachments into the public right-of-way, and to amend Chapter

12.04 by adding detailed permitting procedures, mandating insurance requirements, and establishing construction and engineering standards and pavement restoration guides for encroachments into public right-of-way.
112 of 165
City Council Report
June 21, 2022
The Municipal Code Update Subcommittee has reviewed and approved the proposed ordinance and amended language to Chapter 12.04, without revision.

DISCUSSION
Staff’s recent review of the excavation procedures established by Chapter 12.04 revealed discrepancies between the procedures described in the Municipal Code, and the practical permitting needs of the City. Additionally, Staff have identified a need to more adequately ensure that the City of Pinole is fully protected against risk of injury, damage and/or costs of enforcement from encroachments into the public rights-ofway and to supplement the City’s existing enforcement authority to require removal of encroachments where necessary.

Staff is proposing the City Council rename Chapter 12.04 as “Encroachments Into Public Right-Of-Way” to provide a comprehensive permitting procedure for all encroachments into the public right-of-way. This includes expanding Municipal Code Chapter 12.04 Section 12.04.010 to add definitions for the terms “City Engineer,” “Emergency street cut,” “Encroachment” or “encroach,” “Permittee,” “Public Agency,” “Right-of-way,” and “utility.”
Staff is proposing to amend Chapter 12.04 to add detailed permitting procedures, mandate permittee insurance coverage, and establish comprehensive construction and engineering standards and pavement restoration guides for encroachments into public right-of-way. One of the changes proposed by Staff is to amend the permitting requirements set forth in Municipal Code Chapter 12.04 Section 12.04.010 to expressly state that it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the City engineer. The amendment also mandates at least two (2) working days’ notice to the City prior to performing any work.

Additionally, the proposed amendment to Chapter 12.04, sets forth exemptions to the excavation procedures which in effect ensures prior City approval for all excavation work not previously provided for under the Municipal Code. This includes work being performed by City employees in the discharge of their duties and work being performed pursuant to a contract with the City. The proposed amended will include an exemption for emergency street cuts not previously provided for under the Municipal Code. All emergency cuts by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavation by a utility as may be necessary for the safety of the public and public property must seek subsequent City approval on the next business day, at the sole discretion of the City engineer.

The amendment will also establish City engineer authority to review and approve an application for an encroachment permit if the proposed work will not significantly damage the public right-of-way or create an unreasonable risk of harm to persons or property, or the approval of the application is in the public interest. Any permit is subject to certain conditions, including but not limited to, appropriate commercial 113 of 165
City Council Report
June 21, 2022
licensing, measures to protect the traveling public, special permitting procedures, and duration of a valid permit.

Municipal Code Chapter 12.04 is silent regarding liability insurance coverage.

Revised section 12.04.060 requires all contractors to procure and maintain for the duration of the work, insurance against claims from injuries to persons or property arising out of the work performed under the permit. This includes a general liability policy with policy limit in the amount of two million dollars ($2,000,000), auto general liability policy with policy limit in the amount of two million dollars ($2,000,000), and employers’ liability policy with policy limit the amount of one million dollars ($1,000,000). Doing so ensures that the City of Pinole is fully protected against risk of injury, including protection from third parties against un-insured or underinsured contractors.

Revised section 12.04.070 sets forth comprehensive constructions standards. This includes, but is not limited to, Caltrans Standard Plans and Specifications and the Contra Costa County Standard Plans, and Caltrans and Americans with Disabilities Act standards where applicable. In every case, the Permittee is responsible for restoring any portion of the City right-of-way to its former condition as nearly as may be possible. Contractors must adhere to specific restoration guidelines, with examples of repair conditions provided, and conduct all work under specific conditions which mandates City oversight and minimizes the inconvenience to traveling public.

The proposed amendment in Attachment A will, if approved by the City Council will supersede the existing excavation policy and procedures approved by the City Council in 1965.

FISCAL IMPACT
There is no direct fiscal impact as a result of adopting the attached Ordinance. Staff expects that implementation of the proposed amendment is fiscally prudent as it will result in increased efficiency and reduced liability which will lead to administrative cost savings in the long run.

ATTACHMENTS
A. Ordinance of the City Council of the City of Pinole
Exhibit A- Chapter 12.04 Street Excavations* Encroachments Into Public Right-Of-Way
114 of 165
ORDINANCE NO. 2022-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PINOLE AMENDING CHAPTER 12.04, “STREET EXCAVATIONS”, TO THE PINOLE

MUNICIPAL CODE TO ADD PERMITTING PROCEDURES, INSURANCE

REQUIREMENTS, CONSTRUCTION STANDARDS AND PAVEMENT

RESTORATION GUIDE FOR ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances and regulations not in conflict with general laws; and
WHEREAS, Government Code Section 38775 authorizes the City to prohibit and prevent encroachments upon or obstruction in or to any sidewalks, street, alley, lane, court, park, or other public place and provide for the removal of such encroachment or obstruction; and
WHEREAS, in 1965, the City Council adopted Ordinance No. 217 which established street and sidewalk excavation and construction procedures for the City by adding Chapter 12.04 entitled “Street Excavations” to the City of Pinole Municipal Code; and
WHEREAS, the City Council, on the recommendation of City Staff and the City Attorney, desires to amend and rename Chapter 12.04 to update and revise the street and sidewalk excavation and construction procedures; and WHEREAS, the amendments to the Municipal Code propose to rename Chapter

12.04 as “Encroachments Into Public Right-Of-Way” and to amend Chapter 12.04 by adding permitting procedures, insurance requirements, construction standards and pavement restoration guide for encroachments into public right-of-way.

THE CITY COUNCIL OF THE CITY OF PINOLE DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Municipal Code Amendment.

The City Council hereby approves the amendments to the City of Pinole Municipal Code Chapter 12.04, more particularly, renaming Chapter 12.04 “Street Excavations” of the City of Pinole Municipal Code as “Encroachments Into Public Right-Of-Way” and amending the text shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours. Text that appears in italics reflects additions to Chapter 12.04, and text that appears as strikethrough is language proposed for removal from Chapter 12.04.

ATTACHMENT B
115 of 165
SECTION 3. CEQA.

Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

SECTION 4. Severability.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of Pinole hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Effective Date.

In accordance with California Government Code Section 36937, this Ordinance shall take effect and be in force on the thirty-first day after adoption.

SECTION 6. 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 July 5, 2022, the City Council passed this 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 July 5, 2022.
116 of 165

____________________________
Heather Bell, CMC
City Clerk
117 of 165

EXHIBIT A
Chapter 12.04
STREET EXCAVATIONS* ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY * For statutory provisions authorizing cities to prohibit and prevent encroach on public ways, see Gov. Code § 38775.

Sections:

12.04.010 Street defined. Definitions.

12.04.020 Permit – Required.

12.04.030 Permit – Fees. Exemptions.

12.04.040 Notice to superintendent – Deposit required – Liability for damage. Permit – Fees .

12.04.050 Warning signals. Permit – Application – Issuance.

12.04.060 Maintenance of red lights on sewer trenches. Insurance Requirements.

12.04.070 Construction standards.

12.04.080 Blank permits. Use of Public Parking Area.

12.04.090 Permit – Form. Pavement Restoration Regulations

12.04.100 Permit – Conditions.

12.04.110 Violation – Penalty.

12.04.010 STREET DEFINED. DEFINITIONS.
“City engineer” means the City engineer of the City of Pinole, or his or her authorized representative. “Emergency street cut” means any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the City engineer.
“Encroachment” or “encroach” means any tower, pole, pole line, pipe, pipeline, driveway, private road, fence, sign, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the public right-of-way or natural water course, temporarily or permanently.
“Excavation” means any operation in which earth, rock, asphalt, concrete, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, sawcutting, trenching, digging, ditching, drilling, auguring, tunneling, scraping, boring, cable or pipe plowing and driving or any other way. “Permittee” means any person, firm, corporation, Public Agency, or Utility which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the City engineer.
“Public Agency” means any city, county, state, or other public entity. 118 of 165
“Right-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the City of the general public for street, highway, alley, pedestrian walkway, storm drainage or other purposes.
“Utility” means any entity constituting a public utility under state law or private entity regulated by the California Public Utilities Commission.

The term “sStreet” or “city street” means and includes all or any part of the entire width of the right-of-way of a city street whether or not such entire area is actually used for street purposes. (Ord. 217 § 1, 1965).

12.04.020 PERMIT- REQUIRED.

A permit is required for all encroachments as defined in this chapter except work covered by exemptions.

A. The superintendent of streets may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts: Encroachment permits shall be issued by the City engineer upon such conditions the City engineer deems necessary to protect the public interest, safety and welfare. The City engineer may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts:

1. Make an opening or excavation for any purpose in the city street.;

2. Plant, remove, cut, cut down, injury or destroy any tree, shrub, plant or flower growing with any city street;

3. Repair or construct, or cause to be repaired or constructed, by private contract, any concrete sidewalk, concrete driveway, concrete curb and gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, or curb and gutter.

B. When sidewalks, driveways, curbs, and gutters, or a combination thereof, are repaired or constructed by a contractor at the same time and at the same location, a separate permit shall be required for each ownership.

C. Any person who does any of the acts specified in this section without the authority of a permit is guilty of a misdemeanor. (Ord. 217 § 2, 1965).

D. Except as otherwise provided in 12.04.030, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the City engineer.

E. No person shall make a right-of-way encroachment or cause any street cut to be made without having secured the proper permit two (2) working days in advance of the date specified to begin work, except when an emergency street cut is necessary. All work shall be performed in strict compliance with the terms and conditions of the permit. The permittee shall notify the city at least two (2) working days prior to start of work and at that time shall provide a project schedule. The permittee shall notify the police department if the work might impede the passage of emergency vehicles.

F. All obligations, responsibilities and other requirements of the permittee as described in this article shall be binding on the subsequent owners of the encroachment.

G. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this article shall be deemed a public nuisance which may be abated by the city pursuant to this Code.

12.04.030 PERMIT- FEES EXEMPTIONS.

A. The department of public works shall charge a fee of one dollar for each and every permit for work done under Section 12.04.020(A)3 except that no fee shall be charged for sidewalk, 119 of 165
driveway, or curb and gutter construction which is part of subdivision improvements or is being installed to fulfill the requirements of the Pinole building code.

B. A fee of five dollars shall be charged when the city furnishes grade stakes, for each two hundred linear feet, or portion thereof, of curb and gutter to be installed. (Ord. 217 § 3, 1965).

The provisions of this chapter shall not apply to:

A. Officers or employees of the City acting in the discharge of their official duties; B. Any work being performed by any person pursuant to a contract with the City; C. The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the city are closed. Any utility making such street cut shall apply for an emergency encroachment permit on the next city business day. The issuance of such permit shall be at the sole discretion of the City engineer. If the emergency street cut is performed during business hours, the permittee shall attempt to reach the City engineer by telephone in advance of the work. All provisions of this chapter for the protection of the public and governing repairs to the public way apply to the same extent as where applications and permits are required.

12.04.040 NOTICE TO SUPERINTENDENT – DEPOSIT REQUIRED – LIABILITY FOR DAMAGE.

PERMIT – FEES
No person shall tear up, loosen or remove any portion of the macadam, gravel or other surface dressing of any public street without first giving written notice thereof to the superintendent of streets or such other officer as may be designated by the City Council , securing a permit therefor, and depositing with the clerk the sum of fifty dollars for each twenty-five square feet or portion thereof to be torn up, loosened or removed as security for any damage that may be caused thereby, and that the streets shall be left in as good condition as they were before being so disturbed. All such work shall be done under the supervision and to the satisfaction of the director of public works or other officer designated by the City Council , and the materials taken up shall be removed from the job site and all backfill shall be sand, crushed rock, or pea gravel, which said backfill shall be placed in accordance with the specifications for first macadamizing or graveling the street and when pipes are laid the filling of trenches shall be thoroughly tamped and wet down. All black top shall be removed for twelve inches on each side of any trench or excavation and new black top, in replacement thereof, shall not be less than two inches in thickness. The surface dressing shall be rolled or tamped so as to leave no ridge in the paved street. The person so removing the surface dressing shall at any time within one year on demand of the Council repeat the work and do all filling that may be necessary to raise any sunken part of the street above the pipes to the proper grade. Upon the completion of any of the work above mentioned to the satisfaction of the officer supervising the same the officer shall report to the clerk who shall thereupon return the deposit made. In the event the material is not properly replaced and the street left in good order and condition the superintendent of streets or other officer supervising the work may cause the same to be repaired and certify the cost thereof to the clerk who shall deduct that amount from the sum so deposited and return the balance if any to the depositer of the same. (Ord. 217 § 4, 1965).

Fees for processing or issuance of any permits pursuant to this Chapter shall be set forth in the City’s Master Fee Schedule, as adopted by resolution of the City Council.

12.04.050 WARNING SIGNALS. PERMIT– APPLICATION – ISSUANCE.

The contractor or other person having charge of any work on any street or sidewalk shall provide and maintain such fences, barriers, “Street Closed”- signs, red lights and watchmen as may be necessary to prevent avoidable accidents to the public. (Ord. 217 § 5, 1965). 120 of 165
A. An application for a permit required pursuant to this chapter must be made in writing on a form supplied by the City engineer.

B. The City engineer will only review and approve an application for an encroachment permit if the proposed work will not significantly damage the public right-of-way or create an unreasonable risk of harm to persons or property, or the approval of the application is in the public interest. No permit shall be valid unless signed by the City engineer or his or her designee.

C. Notwithstanding subsection B of this section, the City engineer may approve an encroachment permit application subject to conditions, including measures to protect the traveling public, if the City engineer determines that by doing so it would be in the public interest, no significant damage to the public right-of-way would be created, and no unreasonable risk of harm to persons or property would be created. Nothing in this subsection requires the City engineer to approve an application subject to conditions.

D. Notwithstanding the provisions of subsection B of this section, the City engineer will approve an encroachment permit application, subject to conditions, for any Public agency or Utility with lawful authority to occupy the public right-of-way and authorized by law to establish or maintain any works or facilities in, over, or under any public right-of-way. This subsection does not apply to any Public Agency or Utility acting outside of its boundaries. Any encroachment permit issued to a public agency or public utility pursuant to this section is conditioned on a requirement that the permittee must relocate its encroachment and its sole expense if future improvement of the public right-of-way necessitates such relocation.

E. Any permit issued pursuant to this chapter is subject to the following conditions:

1. That if the permit expires, is revoked by the City, or the public right-of- way is vacated or abandoned, the permittee will, immediately onto the satisfaction of the City engineer, restore the public right of way to the same or better condition than it was on the date that the permit was issued;

2. That the permittee indemnifies and holds harmless the City and any officer or employee from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring resulting from any placement, change or renewal of any encroachment and that all of the liabilities are assumed by the permittee;

3. That the permittee and any successors, at their own expense, remove or relocate any encroachment that interferes with the improvement, grading or realignment of the public right-of-way by the City or other City project.

F. For any work performed within the public right-of-way, the Applicant, his/her Contractor, and/or the Contractor’s Sub-contractor(s) shall possess valid Contractor License(s) issued by the State of California. The following licenses are acceptable:

Right-of-way Valid Contractors State License(s)
Sanitary Sewer Laterals:
• Class C-42 (Sanitation System)
o plus Cal OSHA T-1 Annual Trench/Excavation Permit
Public Street Repair (Right-of-way):
• Class A (General Engineering),
• Class C-12 (Earthwork & Paving), or
• Class C-34 (Pipeline)
Concrete Repair (e.g., sidewalk, curb, gutter, etc.):
• Class C-8 (Concrete)
This ensures the quality and aesthetics of work performed. 121 of 165
Contractors working within the public right of way shall also possess a valid City of Pinole Business License at the time of application.

G. Permits will be valid for sixty (60) calendar days from date of issuance unless specified otherwise in Encroachment Permit Special Conditions or extended in writing by the City engineer.

Encroachment Permits issued in conjunction with a building permit are bound by the expiration date of the building permit, unless otherwise stated in the Encroachment Permit Special Conditions.

H. Permits are non-exclusive. If a conflict with an existing facility or improvement is discovered during the course of work, the Permittee must arrange with the owner of the facility or improvement for any necessary removal or relocation of the facility or improvement. Any and all associated cost for the removal or a relocation will be the responsibility of the Permittee. The improvements installed by Permittee will be subject to and subordinate to the City’s use of the property.

I. Permits issued under this chapter are nontransferable and revocable by the City without cause.

Non-compliance with this chapter, general and special conditions of the permit are all grounds for revocation.

J. Permittee, shall, whenever required, secure the written authorization for any work that must be approved by the California Public Utilities Commission (PUC), CAL-OSHA, Caltrans, or any other regional/state agencies as required by law. Failure to comply with the law, as noted above, will invalidate the City’s Encroachment Permit. A copy of such permit shall be attached to the Encroachment Permit. Permittee shall be liable and shall indemnify the City of Pinole for any and all violations, consequences, mitigations, fees, and penalties that these agencies may impose that are caused directly or indirectly by the proposed work.

K. The issuance of a permit does not constitute a lease, deed, or grant of easement, or a fee interest by the City.

12.04.060 MAINTENANCE OF RED LIGHTS ON SEWER TRENCHES. INSURANCE REQUIREMENTS.

All contractors and other persons making any trench on any street for the purpose of laying or repairing a sewer or otherwise-shall at night keep a red light burning at every thirty feet along the trench, throughout the entire night and must take all other necessary precautions to guard against all accident and danger. (Prior code § 81).

A. All contractors working within the right-of-way shall procure and maintain for the duration of the work insurance against claims from injuries to persons or damages to property which may arise from the performance of work. Policy must name the City of Pinole, its elected officials, officers, boards, commissions, employees, and agents are additional insured and provide for a thirty-day notice of cancellation. The Contractor is required to maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance. The Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable.

If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Auto Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 122 of 165

12.04.70 CONSTRUCTION STANDARDS.

A. All work, unless otherwise specified, shall be done in accordance with the current edition of the Caltrans Standard Plans and Specifications and the Contra Costa County Standard Plans.

Caltrans and Americans with Disabilities Act standards apply where applicable.

B. If work is not being conducted in a safe manner, or is not in conformance with the approved design, specifications and standards, or with other Conditions of the permit, the City may issue a Stop Work Order. Permit holder shall indicate to the City how he/she plans to remedy the violation, and shall not resume work or make corrections until the City releases the Stop Work Order in writing. The City reserves the right to add or modify conditions to the initial permit in order to prevent future violations.

C. All work authorized by the permit shall be performed in a good and workmanlike, diligent, and expeditious manner, and must be completed to the satisfaction of the City engineer.

D. Permittee shall restore trenches and street surfaces in accordance with City requirements, including achieving the required compaction of all trench and surface sections. At the City’s discretion, compaction testing may be required. A two-sack sand slurry mixture may be required for compaction where excavation interferes with traffic flow or where work is within the roadway portion of an intersection. Permittee shall acquire and pay for all services needed to perform the required compaction test and retest until the desired compaction is achieved.

E. Any street paved or resurfaced in the previous thirty-six (36) months shall be termed “prohibition streets” and shall be subject to special paving requirements.

F. During construction or installation, Permittee shall maintain the site in a safe and clean condition, free of dust, debris, dirt, siltation, concentrated runoff, and other nuisances. Noise shall be kept to a minimum. Excavations shall be covered and/barricaded at the City’s direction at the end of each work day. Barricades and reflectors shall be used to mark obstructions. All barricades must have portable flashers unless otherwise specified. Access to adjacent properties shall not be unreasonably restricted. Excavations for sidewalks may remain open for up to two days with proper barricades. Excavations for driveway approaches may remain open for up to two days with proper barricades and permission of property owner.

G. Per City of Pinole Municipal Code Chapter 8.20, Permittee shall implement and maintain measures to keep sediment, wash waters, equipment maintenance products, and other construction related materials debris from entering the storm drainage system. Dumping or discharge into the City’s storm drainage system is prohibited. Measures to protect the storm drainage system shall be in place prior to start of work. Permittee shall implement the Contra Costa Clean Water Program’s Pollution Prevention Program Best Management Practice (BMP) guidelines.

H. In every case, the Permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the City right-of-way which has been excavated or otherwise distributed by Permittee. The Permittee shall maintain the surface over facilities placed under any permit. If the right-of-way is not restored as herein provided, and if the City elects to make repairs, Permittee agrees by acceptance of permit to bear the cost of the restoration work. Plan shall also include work days, duration and hours of operation, and impacts on and provisions for on-street parking. Incomplete plans will be rejected.

I. If any future construction, reconstruction, or maintenance work by the City or required by the City on a street requires the relocation, removal, or abandonment of installations or encroachments in, on, over, or under a street, the Permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at his sole expense unless otherwise required by law. When removal, relocation, or abandonment is required, the City 123 of 165
Engineer shall give such Permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed or abandoned. If said Permittee fails to comply with said instructions, the City may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.

J. The Permittee shall ascertain the exact location of all underground facilities prior to doing work that may be damaged during construction. The permittee is responsible for verifying that all utilities including water, cable TV, electrical, gas, telephone, sewer, fiber optic, gasoline and other City facilities are clear, protected, or relocated from the area of work prior to construction. Fortyeight (48) hours before commencing work, the Permittee shall contact Underground Service Alert (USA) at 811, 1-800-227-2600 or online usanorth811.org to verify elevations and locations of all existing utilities. Additional potholing of critical utilities shall be performed by Permittee at Permittee’s expense if there is uncertainty regarding possible conflicts.

K. Permittee shall remove all painted utility markings associated with the project when the job is completed at the City’s direction. Depending on the location, the City may require applicant to ensure a uniform right-of-way appearance after the markings are removed. This may include, but is not limited to, cleaning an entire flag of sidewalk or asphalt.

L. Permittee shall adhere to the pavement restoration regulations established in 12.04.090.

A. Concrete sidewalk, concrete driveway, and concrete curb and gutter shall be constructed in accordance with city standards except that the director of public works may authorize minor variations from the standards for cause. Any such exception shall be in writing and shall be secured before the work is started. No material shall be used for construction of sidewalk or driveway other than portland cement concrete meeting the standard specifications.

M. B. If all the construction and/or repair work is not completed within the time limit set on the permit, the director of public works City engineer is authorized to have the same done at the expense of the permittee. No new permits shall be issued to an individual or company who has not reimbursed the city for all of its expenses in completing work under this provision.

N. C. A permit shall become void if work is not commenced within thirty calendar days of its issue.

O. D. The permittee shall call for and secure a preliminary inspection of grading and form work before placing any concrete, and he shall call for a final inspection upon completion of the work.

The permittee shall be responsible for removing all surplus and waste material from the job site and for the restoration of the work area to a clean and satisfactory condition.

P. F. The director of public works City engineer shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned, and give written notice requiring that the curb and gutter and sidewalk shall be constructed to grade. (Ord. 217 § 6, 1965).

12.04.080 BLANKET PERMITS. USE OF PUBLIC PARKING AREA.

Public service corporations are entitled to a blanket permit, renewable annually, for the installation of its service connections and for ordinary maintenance of its facilities located or installed in city streets. The superintendent of streets may revoke any such blanket permit if the permittee fails to comply with the provisions of this chapter. When the permit is revoked in a proper case, the public service corporation is entitled to a permit only on furnishing a bond in such amount as may be required by the superintendent of streets. (Ord. 217 § 7, 1965).

A. All occupation of street parking spaces by Permittee shall be approved by City in the Encroachment Permit.
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B. Any occupancy of parking spaces should occupy only the parking lane (width of 8 feet or less), shall occupy the minimal necessary length, shall not block gutter drainage flow, and shall not restrict flow of adjacent street traffic or provide an unsafe condition for vehicular traffic due to reduced lane width or impaired visibility.

C. All occupancies in the parking area shall be fitted with reflectors on the structure or on barricades.

D. The City may place restrictions on the duration of all such occupancies.

E. Permittee agrees to pay for utilization of any metered parking for as long as the parking spaces are not available for public use. The fees shall be based on the current meter rate or fee schedule.

F. For non-metered public parking spaces utilized during construction, the Permittee shall place temporary “No Parking” signs.

12.04.090 PERMIT – FORM. PAVEMENT RESTORATION GUIDELINES Permits issued in conformance with the requirements of this chapter shall be in form as follows:
“(a) Form.

No. ________
City of Pinole
PERMIT
TO: _________________________________ Pinole, California In compliance with your request of _______, 19_____, and subject to all the terms, conditions and restrictions written below or printed as general or special provisions on any part of this form, PERMISSION IS HEREBY GRANTED TO:

This permit is to be strictly construed and no work other than that specifically mentioned above is authorized hereby.

This permit shall be void unless the work herein contemplated shall have been completed before _______________ ,19_______.
__________________________
Superintendent of Streets City engineer”
(Ord. 217 § 8,1965).

The final appearance of the street after the repairs are made should be acceptable with an engineered appearance. Street repairs that are satisfactory from a functional point of view may produce a negative reaction from the public if they give the appearance of being poorly planned or executed. The public's perception of street repairs is based primarily on shape, size, orientation, and the geometry of the patch.

Street repairs should leave a pavement in a condition at least as good as, if not better than, the condition prior to the repairs. In the case of major projects that involve excessive haul of materials or unusually heavy construction equipment or activity, non-destructive testing of the pavement condition before and after construction may be required at the City’s discretion.

Excavations and street repairs, even well-constructed street repairs, shorten a pavement's life. Several types of street distress, settlement, alligator cracking, and potholes, often show up around patches.

Quality street repairs should attempt to reduce the occurrence of these types of distress.

Avoid weakening or destroying the existing pavement around an excavation with heavy construction equipment, stockpiling, or delivery of materials, etc. When damage does occur, remove the damaged 125 of 165
pavement, extending the limits of the street repair, before replacing the pavement. No stockpiling of backfill or road building materials is permitted on the pavement.

Contractors must adhere to the following pavement restoration guidelines:
• Pavement shall be cut to a single, vertical line prior to excavation. • All excavated material shall be removed from the job site within twenty-four (24) hours. • Any trench extending from the curb into the parking lane will require a complete 2” grind and overlay of the parking lane for 25 feet in each direction. All trenches extending into the traveled lane transversely will require the entire length of the trench up to the nearest lane line to be cold milled 2” and overlaid 24 feet in both directions from the center line of the trench. • Every trench must be backfilled or covered by trench plates the same day. Trenches can be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, “Aggregate Base.”
• After a trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled to a vertical face. The cut shall be a “T-Cut” and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. • In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or a spreader box.
• To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
• For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization. • For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
• Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
• Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater). • Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. • Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than fivesixteenths of an inch (5/16″) in ten feet (10′) in any direction. • On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction. Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
• All painted USA markings shall be removed by the permittee after the work has been completed. • All damaged pavement markings and striping shall be replaced and restored by the permittee.

Example of Repair Details:
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# 1
Existing pavements should be removed to clean, straight lines parallel and perpendicular to the flow of traffic. Do not construct patches with angled sides and irregular shapes. All patches that exceed fifty percent of the transverse pavement width shall be full lane width and the non-patched areas shall be milled and resurfaced.
#2
Avoid patches within existing patches. If this cannot be avoided, make the boundaries of the patches coincide. All repairs should be full lane width.
#3
Do not leave strips of pavement less than one-half lane in width from the edge of the new patch to the edge of an existing patch or the lip of the gutter.
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#4
In concrete pavements, remove sections to existing joints, or new saw cut joints at midslab, that is in good repair. In damaged concrete, the limits of removal should be determined in the field by City Inspector. #5
Asphalt and concrete pavements should be removed by saw cutting or grinding. Avoid breaking away the edges of the existing pavement or damaging the remaining pavement with heavy construction equipment. Patches should have a smooth longitudinal grade consistent with the existing roadway.

Patches should also have a cross slope or cross section consistent with the design of the existing roadway.
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#6
In the case of a series of patches or patches for service lines off a main trench, repair the pavement over the patches by grinding and overlay when the spacing between the patches is less than 10 feet. In cases where the existing pavement is in poor condition (in the upcoming years resurfacing contract) and may require overlay within the next few years, this requirement may be modified or waived by the City Engineer.
#7
A patch should provide a smooth ride with smooth transitions on and off the repair and all joints should be located outside the wheel path. Overlays should be placed by first removing the existing pavement to the desired depth by grinding or milling, and then placing the pavement flush with the adjacent surfaces. 129 of 165
#8
Surface tolerances for street repairs shall meet the standards for new construction. The finished surface of the pavement repair should be tested with a ten (10’) foot straightedge parallel to the centerline or perpendicular across joints. Variations measured from the testing face of the straightedge to the surface of the street repair should not exceed one-quarter (¼”) inch. #9
Transverse patches on arterial and collector streets shall be overlaid across the entire street width for a distance of two (2’) feet minimum on all sides of the trench using a T-Patch. #10
Do not allow the edges of patches to fall in existing wheel paths. The edges of patches parallel to the direction of traffic shall be limited to the boundaries of lanes or to the centerline of travel lanes. 130 of 165
#11
When the proposed excavation falls within 10 feet of a section of pavement damaged during the utility repair, the failed area shall be removed to sound pavement and patched. Scarring, gouging, or other damaged pavement adjacent to a patch shall be removed and the pavement repaired to the satisfaction of the City Inspector. Damaged pavement within 10 feet of a patch must also be patched. #12
Patches must avoid frequent width changes.

12.04.100 PERMIT – CONDITIONS.

The permit referred to in Section 12.04.080 shall be issued upon the following conditions:
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A. It is understood and agreed by the permittee that the doing of any work under this permit shall constitute an acceptance of the provisions.

B. Before starting work on which an inspector is required, or whenever stated on the fact of this permit, the permittees shall notify the superintendent of streets or other designated employee of the city. Such notice shall be given at least three days in advance of the date work is to begin.

C. All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public except for the specific work permitted.

D. Upon completion of the work, all brush, timber, scraps and material shall be entirely removed and the rightof-way left in as presentable condition as before work started.

E. On work which requires the presence of an employee of the city as inspector, the salary, traveling expense and other incidental expense of such inspection during the work shall be paid by the permittee upon presentation of a bill therefor. No charge will be made for occasional routine inspection.

F. The permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of a failure on the permittee's part to perform his obligations under this permit in respect to maintenance. In the event any claim of such liability is made against the city, or any department, officer or employee thereof, the permittee shall defend, indemnify and hold them and each of them harmless from claim. This permit shall not be effective for any purpose unless and until the above named permittee files with the city a surety bond in the form and amount required by the department, unless specifically exempted on the face hereof. The requirement that a bond be filed does not apply in the event the permittee is a governmental board which derives its revenue by taxation. (Ord. 217 § 9, 1965).

A. Permittee shall notify the City 48 hours prior to starting work under the permit.

B. Permittee shall not work on Saturdays, Sundays, City of Pinole holidays nor between the hours of 5:00 p.m. and 8:00 a.m. without the written permission of the City engineer.

C. All work shall be subject to monitoring, inspection, and approval by the City. It is the Permittee’s obligation to determine from the inspector what stages of frequency of inspection will be required.

Requests for inspection shall be made at least 48 hours in advance. All form work and subgrade shall be inspected by the City prior to the placement of concrete or asphalt concrete. All pipelines and other underground facilities shall be inspected by the City prior to covering. Permittee shall request a final inspection and acceptance of the work.

D. All work shall be planned and carried out with the least possible inconvenience to traveling public.

The Permittee shall assign properly trained and attired flagger(s) to direct traffic. Traffic shall not be unreasonably delayed. Flagging operations shall be in conformance with the Traffic Manual, flagging control chapter. Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to the abutting property owners. All work shall be subject to suspension if traffic delays are excessive.

E. Contractor shall request and obtain approval from the City engineer before any lane closures are implemented. Road closures shall not be permitted unless approved in writing by the City engineer. No open excavation shall be left unattended at any time.

F. Upon completion of the work, all brush, timber, scraps, material, etc., shall be entirely removed and the right-of-way shall be left in as presentable a condition as existed before work started.

Removal of the encroachment shall be at applicant’s expense and public facilities shall be restored to the satisfaction of the City engineer.

G. Permittee will properly maintain any encroachment in a safe and aesthetically acceptable condition for the duration of the occupancy. Inspection and repair of any damaged City facility resulting from the work under the permit shall be at the expense of the Permittee. 132 of 165

12.04.110 VIOLATION – PENALTY.

Any person, firm or corporation violating any of the provisions of this chapter, or of the codes adopted under this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment. (Ord. 217 § 10, 1965). 5121615.1
5129188.1
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CITY COUNCIL
REPORT
9G
DATE: JULY 5, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: LILLY WHALEN, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: RESOLUTION APPROVING AN AMENDMENT TO THE ON-CALL CONTRACT WITH 4LEAF, INC. TO ISSUE A TASK ORDER AND

INCREASE THE BUDGET FOR BUILDING INSPECTOR AND BUILDING OFFICIAL SERVICES BY $108,855

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving an amendment to the On-Call contract with 4Leaf, Inc. to issue a Task Order and increase the budget for Building Inspector and Building Official services in an amount not to exceed $108,855

BACKGROUND
On November 13, 2018, the City Council adopted Resolution No. 2018-101 approving oncall contract services with several consulting firms including 4Leaf, Inc. (“4Leaf”) for a period of four years ending November 13, 2022, with the understanding that any contract amendments involving new task orders more than $45,000 would be presented to the City Council for consideration.

The City has in the recent past conducted multiple recruitment efforts to fill the former Senior Building Inspector and Building Inspector positions. However, those recruitment efforts were unsuccessful. Inspection services in the Building Division have been staffed by a staff augmentation contract through 4Leaf, Inc.

Through the City Council’s adoption of the FY 22/23 budget on June 21, 2022, the vacant Building Inspector and Senior Building Inspector positions were modified to: (1) provide a flexibly staffed Building Inspector I/II position and (2) eliminate the Senior Building Inspector position in exchange for a Building Official position who will assist in management of the Building Division.

The City will be recruiting as quickly as possible for the vacant positions, a process which is expected to take three to four months. To ensure that the Building Division remains effective, part time interim Building Inspector I and continued full time Building 134 of 165
City Council Report
July 5, 2022 2
Official services are needed to cover the transition period during recruitment for the vacant positions.

DISCUSSION AND ANALYSIS
4Leaf provides building inspection services to the City and has recently provided Building Inspection, Building Official and temporary Permit Technician services to support the Building Division and a seasonal and interim Code Enforcement Officer to assist with code compliance. Due to the current vacancies in the Building Division, the City is in need of interim Building Inspector I and Building Official services during the recruitment period.

Staff recommends that 4Leaf be retained to perform these services for the following reasons:

1. 4Leaf has been providing Building inspection services to the City since 2018, Staff has been satisfied with the performance of 4Leaf employees; they are qualified and provide the City with the needed professional service

2. An interim Building Official with 4Leaf has been made available to Pinole for a fulltime assignment through October; and

3. An interim Building Inspector I with 4Leaf has been made available to Pinole for a part-time assignment starting July 5, 2022 through October 2022.

FISCAL IMPACT
The contract cost for interim Building Inspection and Building Official services through 4Leaf for the assignment period is approximately $108,855 for services incurred in FY 2022/23. The estimated salary savings from the vacant Building Inspector I/II and Building Official positions would offset the contract cost completely and no additional funding allocation is required.

Item Contract Cost,
4 months: JulyOctober 2022
Salary Savings,
4 months: JulyOctober 2022
Difference in
Contract Cost
and Salary
Savings
4Leaf Interim Building
Inspector I Services
(2 days/week)
$23,199 $48,730 +$25,531
4Leaf Interim Building
Official Services
(5 days/week)
$85,656 $60,125 ($25,531)
Total Cost/Savings $108,855 $108,855 $0

ATTACHMENTS
A. Resolution
Exhibit A: Task Order
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RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING AN AMENDMENT TO THE ON CALL CONTRACT WITH 4LEAF AND ISSUING A TASK ORDER FOR STAFF AUGMENTATION IN AN AMOUNT NOT TO EXCEED $108,855

FOR BUILDING INSPECTOR AND BUILDING OFFICIAL SERVICES
WHEREAS, building inspection and coordination services are essential City functions; and
WHEREAS, the City in recent past conducted recruitment efforts to fill the former Senior Building Inspector and Building Inspector positions, but has been unsuccessful; and
WHEREAS, through the City Council’s adoption of the FY22/23 budget on June 21, 2022, the vacant Building Inspector and Senior Building Inspector positions were modified to provide a flexibly staffed Building Inspector I/II position and the Senior Building Inspector position was exchanged for a Building Official who will assist in management of the Building Division; and
WHEREAS, beginning July 1, 2022 there are two vacancies in the Building Division (Building Inspector I/II and Building Official); and WHEREAS, it is critical that continuous high-quality services are provided during recruitment; and
WHEREAS, on November 13, 2018, the City Council approved an on-call contract with 4Leaf for a period of four (4) years ending November 13, 2022, with the understanding that any contract amendments more than $45,000 be presented to the City Council for approval; and
WHEREAS, the anticipated cost for this amendment for 4Leaf to provide staff augmentation during recruitment for the Building Inspector I/II and Building Official positions is expected to be $108,855 over a 17 week period; and WHEREAS, the estimated salary savings from the vacant Building Inspector I/II and Building Official positions would offset the contract cost completely and no additional funding allocation is required.

NOW THEREFORE, BE IT RESOLVED, that the above recitals are true and correct and made part of this resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Pinole authorizes the City Manager to execute an amendment to the on-call contract with 4-Leaf and issue a Task Order (Exhibit A, herein) for staff augmentation in an amount not to exceed $108,855 for building inspection and building official services, in a form approved by the City Attorney.

ATTACHMENT A
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on the 5th day of July, 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 the 5th day of July, 2022.
____________________________________
Heather Bell, CMC
City Clerk
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--DRAFT--
AMENDMENT No. 5 TO THE

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF PINOLE AND
4LEAF INC.

This Fifth Amendment to the Consulting Services Agreement dated November 20, 2018 (the “Agreement”), between the City of Pinole, a general law city and municipal corporation, (“City”) and 4Leaf Inc. (“Consultant”) (together sometimes referred to as “Parties”) is approved as of the date executed below.

Effect of Amendment. The terms and conditions of this Amendment are intended by the Parties to modify the Agreement. To the extent there is any inconsistency between the terms of this Amendment and the terms of the Agreement and/or its Appendix, the terms of this Amendment shall control.

Exhibit A and B of the Agreement shall read as follows:

Task Order:

While the City recruits for two vacant positions: (1) Building Inspector I/II and (2) Building Official, 4Leaf will provide an interim full time Building Official and part time Building Inspector I from July - October 2022 to conduct all Building Inspector and Building Official services, in an amount not to exceed One Hundred and Eight Thousand Eight Hundred and Fifty-Five Dollars ($108,855).

With the exception of the foregoing, all other terms and conditions in the Service Agreement, as previously amended, remain in force and effect.

The Parties have executed this Amendment to the Agreement as of the date signed by the City.

City of Pinole Contractor
____________________________ _______________________
Andrew Murray, City Manager Kevin Duggan, President 4Leaf Dated: _____________________ Dated: __________________
Attest:
___________________________________
Heather Bell, City Clerk
Approved as to Form:
___________________________________
Eric S. Casher, City Attorney

EXHIBIT A
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CITY COUNCIL
REPORT
DATE: JULY 5, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: CONDUCT PUBLIC HEARING AND ADOPT A RESOLUTION

CONFIRMING THE ASSESSMENTS AND ORDERING THE LEVY FOR

THE PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/2023

RECOMMENDATION
Staff recommends that the City Council:

1. Conduct a Public Hearing concerning the levy and collection of assessments within the Pinole Valley Road Landscape and Lighting Assessment District and consider any and all objections to the assessments.

2. Adopt a resolution confirming the assessment and diagram as is described in the Annual Assessment Report, levying an assessment for the fiscal year commencing July 1, 2022 and ending June 30, 2023 and ordering the City Engineer to prepare and submit the assessments to the Contra Costa County Assessor’s office for placement onto the Fiscal Year 2022/2023 secured property tax roll.

BACKGROUND
On July 8, 2008, the City Council adopted Resolution 2008-91 forming the Pinole Valley Road Landscape and Lighting Assessment District (the “District”), ordering maintenance work therein, confirming the diagram and assessment, and providing for the levy of annual assessments therein. The City has installed improvements on Pinole Valley Road between Henry Avenue and Ramona Street. The purpose of the District is to provide a stable funding source for the ongoing maintenance of the following:
• Traffic signals
• Streetlights
• Median landscaping
• Irrigation for the landscaping
• Electricity to the traffic signals and streetlights
• Graffiti removal
10A
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July 5, 2022 2

REVIEW & ANALYSIS
On June 7 and June 21, 2022, the City Council took several actions that are required every year to levy and collect the assessments for the District. Those actions are shown below.

1. Adopted a resolution ordering the preparation and filing of an annual engineer’s report.

2. Adopted a resolution declaring the intention to levy and collect assessments at specified rates; declaring the intention to conduct a Public Hearing concerning the levy of assessments; and approving the annual Engineer’s Assessment Report.

It is proposed that the City Council conduct a public hearing and adopt the attached Resolution to:

1. Approve assessment amounts for Fiscal Year 2022/2023.

2. Order the assessment amounts to be submitted to the Contra Costa County Assessor for placement on the secured property tax roll.

The assessment rates for Fiscal Year 2022/2023 for Zone A and Zone B are proposed to be increased from the previous year. The assessment rate for Zone A and B will be $498.65 per assessment unit (“AU”) and $519.63 per AU, respectively. An AU is equivalent to an acre of developable property. An AU is equivalent to an acre of developable property. In 2021/2022, the assessment rate for Zone A was $474.90 per AU, and the assessment rate for Zone B was $494.89 per AU. This represents a $23.75 per AU increase for Zone A, and $24.74 per AU increase for Zone B. The proposed increases are due to additional costs to maintain the District.

Although the actual assessment rates for Fiscal Year 2022/2023 are increasing from the previous year, the increase is not over the allowable maximum rate that was approved when the District was initially formed. Consequently, the City is not required to undertake the more comprehensive procedural notice and protest requirements of Proposition 218.

The maximum assessment is subject to an annual inflation factor based on the greater of 2% or the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers (CPI-U): San Francisco-Oakland-San Jose for April of each year. The April 2022 CPI-U is 5% for a 12 month period, as shown at:
https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm.

Therefore, a 5% increase will be applied to the Maximum Assessment Rate from last year. The Zone A Maximum Assessment Rate for Fiscal Year 2022/2023 is $611.25 per AU. The Zone B Maximum Assessment Rate for Fiscal Year 2022/2023 is $577.04 per AU.
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The attached Assessment Report provides a complete description of how the maximum assessment and annual inflation factors are calculated.

A Public Hearing is required to allow property owners subject to the assessment the opportunity to provide comment. Notice of the public hearing was published in the manner required by applicable law.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed actions of the City Council are not a project as defined by the CEQA Guidelines and have no impact on the environment.

SUSTAINABILITY
The levy and collection of assessments will allow for the continued operation and maintenance of the improvements within the District.

FISCAL IMPACT
The proposed assessments will be collected for the City by the Contra Costa County Tax Collector via the secured property tax bills for the assessable parcels within the District. The Fiscal Year 2022/2023 assessment rates for Zone A and B will be $498.65 per AU and $519.63 per AU, respectively. The total District revenue is expected to be $52,256.16.

ATTACHMENTS
A. Resolution Confirming the Assessments and Ordering the Levy for the Pinole Valley Road Landscape and Lighting Assessment District
B. Annual Assessment Report for the Pinole Valley Landscape and Lighting Assessment District prepared by the City Engineer for FY 2022-23 141 of 165
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE CONFIRMING

THE ANNUAL ASSESSMENT AND ORDERING THE LEVY AND COLLECTION OF

ASSESSMENTS FOR THE PINOLE VALLEY ROAD LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/2023
WHEREAS, the Pinole City Council, pursuant to the terms of the “Landscaping and Lighting Act of 1972” (the 1972 Act”), Division 15, Part 2, Chapter 1, Article 1 of the Streets and Highways Code of the State of California (commencing with Section 22500) did by previous Resolutions, initiated proceedings for the special maintenance district known and designated as “The Pinole Valley Road Landscape and Lighting Assessment District” (the “District”). The District is comprised of two Zones (Zone A and Zone B) which are located on Pinole Valley Road between Henry Avenue and Ramona Street; and
WHEREAS, the City Engineer has prepared and filed with the City Clerk, the Annual Assessment Report (the “Report”) in connection with the proposed levy and collection of assessments upon eligible parcels of land within the District. The Report has been prepared based on the estimated costs to operate, maintain and service the improvements located within each Zone of the District; and WHEREAS, the City Council approved the Report at its meeting on June 21, 2022; and
WHEREAS, the assessments are not based on the assessed value of the properties but are based on the special benefit conferred upon said eligible parcels from the improvements and the maintenance and operation thereof; and WHEREAS, the assessments are in compliance with all laws pertaining to the levy and collection of assessments, including Proposition 218; and WHEREAS, the City Council set a public hearing for July 5 to consider the levy of the proposed assessment.

NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:

1. Following notice duly given, the City Council has held a full and fair public hearing regarding the Report and the levy and collection of assessments within the District. The City Council received and considered all written and oral statements, including any and all protests or other communications made or filed by any interested persons. Majority protest was not submitted regarding the proposed levy.

2. Based upon its review (and any applicable amendments) of the Report, a copy of which has been filed with the City Clerk, the City Council hereby finds and determines that:

ATTACHMENT A
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a. The assessable properties within the District, which are identified in the Report, receive special benefit from the operation, maintenance and servicing of the landscape and lighting improvements.
b. The net amount to be assessed upon the properties is based on the historical and estimated costs to provide said maintenance and servicing and is apportioned by a formula that fairly distributes the net amount among all assessable parcels in proportion to the estimated special benefit received from the improvements and services.

3. The Report and assessments, as presented and which are on file with the office of the City Clerk, are hereby confirmed as filed.

4. The City Council hereby orders the maintenance and servicing of the improvements to be made in accordance with the Report and the 1972 Act.

5. The maintenance, operation and servicing of the landscape and lighting improvements shall be performed pursuant to the 1972 Act, and the County Auditor of Contra Costa County shall enter onto the County Tax Roll, opposite each assessable parcel of land, the assessment amount and such assessments shall be collected at the same time and in the same manner as the County taxes are collected. After collection of the assessments by the County, the net amount of said assessments shall be paid to the City Treasurer.

6. The City shall deposit all money representing assessments collected by the County to the credit of a fund especially for the District. Such money shall be expended only for the maintenance, operations and servicing of the landscape and lighting improvements located within the District boundaries.

7. The adoption of this Resolution constitutes the levy of assessments within the District for the fiscal year beginning July 1, 2022 and ending June 30, 2023.

8. The City Clerk is hereby authorized and directed to file the levy and a diagram of the District with the County Auditor upon adoption of this Resolution.

9. A certified copy of this Resolution shall be filed in the office of the City Clerk and shall remain open for public inspection.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pinole held on this 5th day of July, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
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I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 5th day of July, 2022.
___________________________________
Heather Bell, CMC
City Clerk
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FY 2022-23

ENGINEER'S REPORT

PINOLE VALLEY ROAD

LANDSCAPE AND

LIGHTING ASSESSMENT

DISTRICT
JUNE 21, 2022

ATTACHMENT B
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1 TABLE OF CONTENTS
INTRODUCTION............................................................................................... 2 DESCRIPTION OF THE DISTRICT AND BOUNDARIES........................3 IMPROVEMENTS AND SERVICES PROVIDED ......................................4 SECTION II – METHOD OF APPORTIONMENT........................................ 5 DESCRIPTION OF BENEFIT........................................................................5 ASSESSMENT RANGE FORMULA ............................................................6 ASSESSMENT METHODOLOGY................................................................9 SECTION III – ZONE BUDGETS................................................................... 9 DESCRIPTION OF BUDGET ITEMS ........................................................11 ACCOUNT BALANCES ...............................................................................12 SECTION IV – ASSESSMENT ROLL......................................................... 13 SECTION V – DISTRICT DIAGRAM........................................................... 15 147 of 165
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2 INTRODUCTION
The City of Pinole (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments from the City’s maintenance assessment district designated as:

Pinole Valley Road Landscape and Lighting Assessment District (the “District”) to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.

The City Council formed the District and provided for the levy and collection of annual assessments on the County tax rolls to provide ongoing funding for costs and expenses required to service and maintain the landscaping and lighting improvements within the boundaries of the District. The improvements to be provided by the District and assessments described herein are made pursuant to the 1972 Act and the substantive and procedural provision of the Constitution.

As part of the District formation, the City of Pinole conducted a Property Owner Protest Ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the Constitution. In conjunction with this ballot proceeding, the City council conducted a noticed public hearing to consider public testimonies, comments, and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner assessment ballots received were opened and tabulated.

The property owner assessment ballot tabulation resulted in a majority approval of the District and assessments of the property owners within the District. The District was formed on July 1, 2008 by Resolution no. 2008-91. The District is located on Pinole Valley Road and consists of two separate zones: Zone A and Zone B.

This Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and outlines the improvements, and proposed assessments to be levied in connection with the benefits the properties will receive from maintenance and servicing of landscaping improvements within the District for fiscal year 2022-23.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Contra Costa County Assessor’s Office. The Contra County Auditor/Controller APN and specific fund numbers to identify properties to be assessed on the tax roll for the District assessments.

This Report consists of five sections and identifies the following items:
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3 • Plans and Specifications – The location of the District and the specific improvements to be maintained.
• Method of Apportionment – How the District costs are allocated and apportioned to the assessable parcels.
• Zone Budgets – The District costs and proposed assessments to be levied for 2022/23 for each Zone based upon the special benefit received. • District Diagram – A diagram showing the District and Zone boundaries. • Assessment Roll – A listing of properties to be assessed by APN, Zone, and corresponding assessment amounts.

ASSESSMENT SUMMARY FY 2022-23
Total
Assessable
Costs
Total
Assessable
Units
Proposed
Assessment
Rate per AU
Maximum
Assessment
Rate per AU
Zone A $26,326.73 52.796 $498.65 $611.25
Zone B $25,929.54 49.900 $519.63 $577.04
Actual assessments are rounded down to the nearest even penny for county tax roll purposes.

SECTION I – PLANS AND SPECIFICATIONS

DESCRIPTION OF THE DISTRICT AND BOUNDARIES
The District consists of two separate zones and is located on Pinole Valley Road, between Henry Avenue and Ramona Street. Zone A is to the north of Interstate I-80 and Zone B is to the south of Interstate I-80. Currently, there are a total of 18 commercial parcels within the District, 8 in Zone A and 10 in Zone B. The number of parcels in Zone A was reduced from 8 to 6 and Zone B was reduced from 16 to 15 parcels, due to parcel mergers effective for the 2011/2012 tax year. An annexation also occurred in Zone A for tax year, 2013/2014, increasing the parcel count for that Zone to 7 and the AU to 52.972. For tax year 2018/2019, one parcel was split into two with a slight size reduction, decreasing the AU to 52.796. The number of parcels in Zone B was reduced from 15 to 10 due to parcel mergers/changes effective for the 2013/2014 and 2014/2015 tax years. A clerical error was brought to the City’s attention in December 2019 which has been transcribed over time and resulted in a higher AU in Zone B. In FY 2020-21, the clerical error was corrected resulting in a lower AU in Zone B.

Please refer to the Section V of this Report, Assessment Roll, for details. 149 of 165
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4 IMPROVEMENTS AND SERVICES PROVIDED
Improvements within the District which are maintained and serviced may include but are not limited to: turf, shrubs, plants and trees, landscaping, street lighting, traffic signals, irrigation and drainage systems, graffiti removal, litter abatement, sidewalks, landscape lighting, masonry walls and associated appurtenances within the public right-of-way or specific easements.

The maintenance of District improvements generally include, but are not limited to, all materials, equipment, utilities, labor and incidental expenses, including administrative expenses, for the annual operation of the District and maintenance of the improvements.

Also included is the performance of occasional repairs and the removal or replacement of improvements, as needed.

The specific improvements being maintained and serviced within each Zone of the District are defined on the following page:

Zone A Improvements (Northerly of I-80 Freeway)
• Landscaping totaling 16,920 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of seven street light poles and fourteen street lights. • Maintenance of two and a half traffic signals.
• Electrical power for street lights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection (2,102 linear feet).

Zone B Improvements (Southerly of I-80 Freeway)
• Landscaping totaling 18,486 square feet.
• Irrigation system for landscaping and two irrigation controllers. • Maintenance of ten street light poles and twenty street lights. • Maintenance of one and a half traffic signals.
• Electrical power for street lights, traffic signals and irrigation system. • Weed control and abatement.
• Graffiti abatement.
• Median repairs and contingency for damage.
• Litter abatement and collection (2,859.58 linear feet).

Reference is made to the plans and specifications for the improvements which are on file with the City and are incorporated herein by reference. 150 of 165
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5 SECTION II – METHOD OF APPORTIONMENT
The 1972 Act allows for the establishment of assessment districts by public agencies for the purpose of providing certain public improvements as detailed in Section I of this Report. The 1972 Act also requires that the cost of these improvements and services be assessed based on benefit received rather than by assessed value of the properties being assessed. In accordance with the 1972 Act, Section 22573:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among assessable lots or parcels in proportion to the estimated benefits received by each such lot or parcel from the improvements”
The method of apportionment described in this Report, and confirmed by the City Council, utilizes commonly accepted engineering practices which have been established pursuant to the 1972 Act and the California Constitution for the allocation of special benefit assessments. The calculation of assessments is based upon the parcel type and the services and improvements provided. The special benefit received by each lot or parcel is over and above any general benefit conferred upon said lots or parcels or to the public at large.

DESCRIPTION OF BENEFIT
Special Benefit
The improvements and associated costs have been allocated to the assessable properties within the District based upon the special benefit received by those properties, pursuant to the provisions of the 1972 Act. The improvements for which the properties will be assessed have been identified as necessary, were approved by the property owners within the District through a Proposition 218 assessment ballot procedure and are in compliance with the development plans and General Plan of the City. As such, the improvements and continuing maintenance and servicing are strictly the obligation of the properties within the District.

General Benefit
Although the improvements may be visible to passersby or to the public at large, the improvements were installed after approval from the property owners and are for the benefit of properties within the District. It has been determined therefore, any access to or use by properties or individuals outside the District is completely incidental and the costs of operating, maintaining and servicing said improvements provides no measurable benefit to said outside properties or individuals.
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6 Definition of Special Benefit
The method of apportionment described in this Report is based on the premise that each assessable parcel or unit receives distinct and special benefits from the improvements and services provided, including the visual desirability provided by well maintained landscaping. In accordance with Article XIII D, Section 4 of the California Constitution:
“Special benefit means a particular and distinct benefit over and above general benefits conferred on real property located in the District or the public at large” The special benefits associated with local landscape and lighting improvements are specifically:
• Enhanced desirability of properties due to proximity of the improvements. • Improved aesthetic appeal provided by a positive representation of the community. • Improved ingress and egress to property resulting in enhanced traffic flow, reduced traffic accidents and consequent reduction in possible property damage. • Improved traffic visibility and circulation.
• Improved accessibility for emergency vehicles.
• Reduced vandalism and other criminal activity.
• Enhanced environmental quality provided by adequate green space and other landscaping which helps moderate temperatures, reduce noise pollution and control dust and debris.

ASSESSMENT RANGE FORMULA
It is generally recognized that most budgetary items will be impacted by inflation in future years. In accordance with the California Constitution, and Government Section 53739 (b) (1), assessments “may be adjusted for inflation pursuant to a clearly defined formula…” A formula for an inflationary adjustment is therefore included as part of the maximum assessment for this District and was approved by the property owner(s) at the time of formation. The formula, as described below, allows for annual adjustments to the budget and the assessments.

Generally, any new or increased assessment requires certain noticing and meeting requirements by law, the Government Code excludes certain conditions of a new or increased assessment. These conditions include:
“An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public…and that was previously adopted by the agency…”
The initial maximum assessment for the District was established at the time of formation and was assessed for the first time during the 2008/2009 fiscal year. The initial maximum assessment for Zone A was $415.52 per Assessment Unit (“AU”). The initial maximum assessment for Zone B was $390.80 per AU. The initial maximum assessment for each 152 of 165
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7 Zone has been adjusted each subsequent fiscal year by the following Assessment Range Formula:
•The Maximum Assessment Rate allowed each fiscal year (the “Adjusted Maximum Assessment Rate”) shall be based on the initial maximum assessment established in fiscal year 2008/2009, adjusted annually by the Bureau of Labor Statistics, Consumer Price Index for the month of April, All Urban Consumers, (“CPI”) for the San Francisco/Oakland/San Jose area or two percent (2%), whichever is greater. Should the Bureau of Labor Statistics revise or discontinue the preparation of such index, the City reserves the right to use such revised index or a comparable system to determine fluctuations in the annual cost of living. •Each fiscal year, the greater of CPI or 2% shall be applied to the Maximum Assessment Rate established the previous fiscal year to calculate the appropriate Adjusted Maximum Assessment Rate for the then current fiscal year. • If the proposed annual assessment rate (assessment per AU) for the upcoming fiscal year is less than or equal to the Adjusted Maximum Assessment Rate established for that fiscal year then the proposed annual assessment is not considered an increased assessment.

Beginning in the second fiscal year after the formation of the District (2009/2010) and each fiscal year since, the Maximum Assessment Rate has been recalculated and a new Adjusted Maximum Assessment Rate has been established for each fiscal year using the Assessment Range Formula described above. Each fiscal year, the greater of CPI or 2% is applied to the Maximum Assessment Rate from last year. The April 2022 CPI is 5%, therefore a 2% will be applied to the Maximum Assessment Rate from the last year. The Zone A Maximum Assessment Rate for the upcoming fiscal year (2022/2023) therefore, shall be $611.25 per AU. The Zone B Maximum Assessment Rate for the upcoming fiscal year shall be $577.04 per AU. The table below shows the Adjusted Maximum Assessment Rate for each Zone, for each fiscal year since the formation of the District.

The Adjusted Maximum Assessment Rates have been calculated independently of the annual budget and proposed assessment rate for the given fiscal year. As stated above, if the proposed annual assessment for any fiscal year does not exceed the Adjusted Maximum Assessment Rate for that year, it is not considered to be an increased assessment under the terms of Proposition 218 or the Government Code.

Zone A LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual
April CPI
Calculation
Adjusted
Max.

Assessment
per AU
Actual
Assessment
per AU
2008/2009 N/A N/A N/A $415.52 $415.82
2009/2010 0.80% 2.00% 1.020000000 $423.83 $415.82
2010/2011 1.71% 2.00% 1.020000000 $432.31 $415.82
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8 2011/2012 2.82% 2.82% 1.028212932 $444.51 $394.80
2012/2013 2.07% 2.07% 1.020775582 $453.74 $394.80
2013/2014 2.38% 2.38% 1.023809026 $464.54 $377.74
2014/2015 2.78% 2.78% 1.027873710 $477.49 $377.74
2015/2016 2.43% 2.43% 1.024362313 $489.12 $377.74
2016/2017 2.70% 2.70% 1.026950338 $502.30 $377.74
2017/2018 3.78% 3.78% 1.037888610 $521.34 $377.74
2018/2019 3.20% 3.20% 1.032 $538.02 $396.32
2019/2020 4.0% 4.0% 1.040 $559.54 $409.69
2020/2021 1.1% 2.0% 1.020 $570.73 $422.04
2021/2022 3.8% 2.0% 1.020 $582.14 $474.90
2022/2023 5.0% 5.0% 1.050 $611.25 $498.65
Zone B LLAD Assessment/CPI History
Fiscal Year
April
CPI
Allowable
Increase
Actual April
CPI
Calculation
Adjusted
Max.

Assessment
per AU
Actual
Assessment
per AU
2008/2009 N/A N/A N/A $390.80 $390.80
2009/2010 0.80% 2.00% 1.020000000 $398.62 $390.80
2010/2011 1.71% 2.00% 1.020000000 $406.59 $390.80
2011/2012 2.82% 2.82% 1.028212932 $418.06 $342.04
2012/2013 2.07% 2.07% 1.020775582 $426.75 $342.04
2013/2014 2.38% 2.38% 1.023809026 $436.91 $342.04
2014/2015 2.78% 2.78% 1.027873710 $449.09 $342.04
2015/2016 2.43% 2.43% 1.024362313 $460.03 $342.04
2016/2017 2.70% 2.70% 1.026950338 $472.43 $342.04
2017/2018 3.78% 3.78% 1.037888610 $490.32 $348.06
2018/2019 3.20% 3.20% 1.032 $506.01 $359.06
2019/2020 4.0% 4.0% 1.040 $526.25 $392.64
2020/2021 1.1% 2.0% 1.020 $538.78 $405.68
2021/2022 3.8% 2.0% 1.020 $549.56 $494.89
2022/2023 5.0% 5.0% 1.050 $577.04 $519.63
To impose a new assessment or an increased assessment in excess of the Maximum Assessment Rate for the current fiscal year, as provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution, Article XIII D, Section 4c that requires a public hearing and certain protest procedures including mailed notice of a public hearing and property owner protest balloting. Property owners must approve the proposed new or increased assessment via a property owner protest ballot process before any such new or increased assessment can be imposed. 154 of 165
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9 The definition of new or increased assessments includes any assessment which, 1) did not previously exist or, 2) exceeds a previously approved assessment amount or assessment range formula. Any assessment range formula must have been previously adopted by the agency and approved by the property owners.

ASSESSMENT METHODOLOGY
The benefit formula used to determine the financial obligation for each parcel is based on the improvements benefitting the parcels, as well as the use, or type, of each parcel as compared to other parcels that benefit from said improvements. One of the more common approaches to fairly distributing District costs to the benefitting parcels in maintenance districts such as this utilizes a methodology referred to as the Assessment Unit (“AU”) method of apportionment. This methodology utilizes various property characteristics such as development status, type of development (land-use) and size (units or acreage) to compare the proportional benefit of each property compared to similar properties benefitting from the improvements.

The District is comprised of one parcel type; commercial. Each commercial parcel receives similar benefit from the improvements due to the relative size of the properties, the specific improvements and proximity of the improvements to the properties. It has been determined that the buildable acreage of each parcel is an appropriate basis in calculating the total AU for that parcel. The individual commercial parcel, acreage is multiplied by a factor of 4.00 to determine the total AU for that parcel. The total Zone AU is then divided into the “Total Balance to Assessment” (as shown in Section III of this Report) to determine the annual assessment rate. The AU for each parcel is then multiplied by the annual assessment rate to determine the annual assessment for each parcel.

SECTION III – ZONE BUDGETS
The estimated budget for the annual maintenance and servicing of the improvements and the proportionate share of administration costs for each Zone have been prepared based on the estimated and recent historical costs of providing said maintenance and servicing.

ZONE A – PINOLE VALLEY ROAD NORTH FY 2022-23 BUDGET

DIRECT COSTS

ACCOUNT NAME BUDGET
310-347-42101 Professional Services $9,670.00
Contra Costa County Public Works Traffic Signal
Maintenance $6,800
Caltrans Traffic Signal Maintenance $2,150
Pacific Site Management $720
310-347-42108 Building-Structure Maintenance $850.00
Labor, material, and equipment required to properly
maintain the landscaping improvements, traffic
signals, streetlights, poles, and irrigation system
$850
310-347-43102 Water $4,000.00
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10 EBMUD $4,000
310-347-43103 Electricity and Power $4,900.00
Pinole Valley Rd. Traffic Control – PG&E $1,200
Street and Highway Lighting – PG&E $3,700
Capital Replacement Account1 $3,600.00
Direct Costs Sub-Total $23,020.00

INDIRECT COSTS
310-347-42126 Legal Charges $1,050.00
310-347-42102 County Administration Fees $131.80
310-347-46122 Admin Debits $2,124.93
City Administration $1,044.93
Engineer’s Report $1,080.00
Indirect Costs Sub-Total $3,306.73
TOTAL COSTS $26,326.73
TOTAL BALANCE TO ASSESSMENT $26,326.73
Total Assessable AU (8 parcels) 52.796
2022/2023 PROPOSED ASSESSMENT PER AU $498.65
2022/2023 MAXIMUM ASSESSMENT PER AU $611.25
ZONE B – PINOLE VALLEY ROAD SOUTH FY 2022-23 BUDGET

DIRECT COSTS

ACCOUNT NAME BUDGET
310-348-42101 Professional Services $9,080.00
Contra Costa County Public Works Traffic Signal
Maintenance $5,300.00
Caltrans Traffic Signal Maintenance $3,000.00
Pacific Site Management $780.00
310-348-42108 Building-Structure Maintenance $841.11
Labor, material, and equipment required to properly
maintain the landscaping improvements, traffic
signals, streetlights, poles, and irrigation system
$841.11
310-348-43102 Water $3,000.00
EBMUD $3,000.00
310-348-43103 Electricity and Power $5,300.00
Pinole Valley Road Median Irrigation – PG&E $150.00
Street and Highway Lighting – PG&E $5,150.00
Capital Replacement Account1 $4,400.00
Direct Costs Sub-Total $22,621.11

INDIRECT COSTS
310-348-42126 Legal Charges $1,050.00
310-348-42102 County Administration Fees $133.50
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11 310-348-46122 Admin Debits $2,124.93
City Administration $1,044.93
Engineer’s Report $1,080.00
Indirect Costs Sub-Total $3,308.43
TOTAL COSTS $25,929.54
TOTAL BALANCE TO ASSESSMENT $25,929.54
Total Assessable AU (10 parcels) 49.900
2022/2023 PROPOSED ASSESSMENT PER AU $519.63
2022/2023 MAXIMUM ASSESSMENT PER AU $577.04
1 Capital Replacement Account (CRA) – This line item, shown on the budget page for each Zone, is specifically intended for the use in replacing the lighting poles for streetlights and traffic signals within the District. There are two reasons to consider the replacement of lighting poles. First, there is a finite life span of a standard lighting pole, which is approximately 50 years. Secondly, there must be a contingency plan in place for the possibility that a lighting pole gets damaged or knocked down, either by way of accident or by natural disaster. The current replacement cost of a lighting pole is approximately $11,700.00 for materials and $3,300.00 for installation.

The estimated cost to replace all streetlight poles after 50 years, as well as a contingency to account for the possibility of a knockdown, accident, or natural disaster is shown below:

Zone Cost per
Pole
Number
of Poles
Estimated Life
Span (Years)
Knockdown
Contingency
($50 per pole)
Estimated
Annual
Cost
A $15,000.00 10 50 $500 $3,600.00*
B $15,000.00 12 50 $600 $4,400.00*
$15,000.00 per light pole x 22 poles = $299,886.40 / 50 years = $6,600.00 + $1,400 for Contingency = $8,000 annually. * Rounded to the nearest $100’s.

The replacement cost of a lighting pole was increased from $13,631.20 to $15,000. This estimate is based on the amount paid for the most recent streetlight pole replacement in FY 2021-22. The costs will continue to be collected through the assessment amounts as part of the Capital Replacement Fund, as shown in the District Budgets.

DESCRIPTION OF BUDGET ITEMS
➢ Building-Structure-Maintenance – Includes all regularly scheduled labor, material, and equipment required to properly maintain the landscaping improvements, traffic signals, streetlights, poles, and irrigation system. Also includes the cost of:
o Traffic signal maintenance which is provided by California Department of Transportation (Caltrans) and Contra Costa County Public Works. o Landscaping maintenance services provided by Pacific Site Management. 157 of 165
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12 o Replacement bulbs for traffic signals and streetlights. o Weed control and graffiti abatement within the District. ➢ Water – Includes the cost of furnishing water required for the proper maintenance of the landscaping.
➢ Electricity and Power – Includes the cost of furnishing electrical energy required for the proper operation of traffic signals, streetlights, and irrigation system. ➢ Legal Charges – Includes the cost of legal services to review reports, resolutions, and public hearing requirements for imposing the LLAD Assessment. ➢ County Administration Fees – Includes the County costs related to placement of the annual assessment charges onto the tax roll and the generation of the annual tax bills related thereto. Contra Costa County charges a Levy Code Fee of $250 per district, $0.76 Collection Fee per parcel, and $0.09 Assessor User Code Fee per parcel. Each Zone is charged $125 plus $0.85 per parcel. ➢ Admin Debits – Includes the cost of all particular departments and staff of the City for providing coordination of annual District administration process, operation, and maintenance of the improvements and responding to public concerns. This line item also includes the cost of preparing the Engineer’s report for the administration of the District and transmitting assessment amounts to the County for the inclusion on the tax roll.

ACCOUNT BALANCES
DISTRICT FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Fund balance
on July 1st $28,636.16 $15,027.87 $24,203.51 $30,613.24 $32,187.78 Revenue $39,221.92 $39,797.64 $41,854.22 $39,746.28 $57,364.10 Expenditures $52,830.21 $30,622.00 $35,444.29 $38,171.74 $53,599.38 Revenue
over/under
expenses
-13,608.29 $9,175.64 $6,409.73 $1,574.54 $3,764.72
Fund balance
on June 30th $15,027.87 $24,203.51 $30,613.24 $32,187.78 $35,952.50 Based on the historical data in the table above, the average expenditures for the District are $42,133.52. The 1972 Act allows the District assessments to”…include a reserve which shall not exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year, or whenever the city expects to receive its apportionment of special assessments and tax collections from the county, whichever is later.” The Reserve Fund will be considered fully funded when the account balance reaches an amount equal to approximately 50% of the annual District costs.
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13 Therefore, the Reserve Fund is fully funded when the account balance reaches $21,066.76. The beginning fund balance on July 1, 2021 was $35,952.50 and $21,066.76 of the funds were allocated to the Reserve Fund. The remainder $14,885.74 was placed in two separate CRA for Zone A and Zone B. The beginning CRA balance as of July 1, 2020 for Zone A and Zone B was $6,773.01 and $8,112.73, respectively. These allocations were based on the percentage of poles in each Zone; approximately 45.5% of the poles in the District are in Zone A, and approximately 54.5% are in Zone B. The methodology noted above will be applied each fiscal year to allocate appropriate amounts to the Reserve Fund and CRA.

If a lighting pole is damaged or knocked down by an accident, attempts are made to recover the replacement cost through the responsible party. The recovered funds are placed in the CRA for the Zone where the knockdown reoccurred. A summary of the Capital Replacement Reserve account for each Zone is shown in the table below.

Zone Capital
Replacement
account
balance as of
07/01/2021
FY 2021-22
Contribution
to Capital
Replacement
account
Estimated
lighting
pole
recovery
costs for
FY 2021-22
Estimated
lighting pole
repair and
replacement
costs in FY
2021-22
Estimated
ending Capital
Replacement
account
balance on
06/30/2022.

A $18,984.18 $3,226.24 - - $22,210.42
B $6,421.28 $3,871.49 - - $10,292.77
*Includes the purchase of a surplus pole for future knockdowns SECTION IV – ASSESSMENT ROLL
Parcel Identification for each lot or parcel within the District shall be based on available parcel maps and other property data from the Contra Costa County Assessor’s office as they existed at the time this Report was prepared and adopted by the City Council.

A listing of parcels assessed within the District for Fiscal Year 2022/2023, along with the corresponding assessment amounts, is included on the following pages. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel(s) shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amounts applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-way, including public greenbelts and parkways; utility rights-of-way; 159 of 165
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14 common areas; landlocked parcels; small parcels vacated by the County, bifurcated lots and any other property that cannot be developed or has specific development restrictions.

These types of parcels are considered to receive little or no benefit from the improvements and are therefore, exempted from assessment. Zone
APN
Parcel
Acreage
Parcel
Type
Parcel
AU
2021/2022
Assessment
per AU
2021/2022
Assessment
Applied
Assessment
A 401-211-030 3.62 COM 14.48 $498.65 $7,220.45 $7,220.44 A 401-211-031 1.27 COM 5.08 $498.65 $2,533.14 $2,533.14 A 401-211-032 0.42 COM 1.68 $498.65 $837.73 $837.72
A 401-211-033 0.6 CMV 2.40 $498.65 $1,196.76 $1,196.76
A 401-211-035 0.573 COM 2.292 $498.65 $1,142.91 $1,142.90 A 401-410-005 2.23 COM 8.92 $498.65 $4,447.96 $4,447.96 A 401-410-019 2.006 COM 8.024 $498.65 $4,001.17 $4,001.16 A 401-410-020 2.48 COM 9.92 $498.65 $4,946.61 $4,946.60

13.199 52.796 $26,326.73 $26,326.68
B 360-010-028 0.344 COM 1.376 $519.63 $715.01 $715.00
B 360-010-029 1.738 COM 6.952 $519.63 $3,612.47 $3,612.46 B 360-010-030 0.53 COM 2.12 $519.63 $1,101.62 $1,101.62 B 360-010-031 0.63 COM 2.52 $519.63 $1,309.47 $1,309.46 B 360-010-033 0.43 COM 1.72 $519.63 $893.76 $893.76
B 360-150-043 1.24 COM 4.96 $519.63 $2,577.36 $2,577.36 B 360-150-044 0.48 COM 1.92 $519.63 $997.69 $997.68
B 401-310-021 5.683 COM 22.732 $519.63 $11,812.23 $11,812.22 B 401-310-022 0.46 COM 1.84 $519.63 $956.12 $956.12
B 430-330-027 0.94 COM 3.76 $519.63 $1,953.81 $1,953.80

12.475 49.900 $25,929.54 $25,929.48
Totals: 25.674 102.696 $52,256.27 $52,256.16
Parcel Type: “COM” is a developed commercial property
“CMV” is an undeveloped commercial property
Zone A – APN 401-410-017 was merged from three former parcels (APN’s 401-410-014, 401- 410-015 & 401-410-016), and became active and assessable for Fiscal Year 2011/2012.

APN 401-211-34 was annexed into the District for the 2013/2014 year. APN 401-410-017 was split into 401-410-019 and 020 for Fiscal Year 2018/2019.

Zone B – APN’s 401-310-010 and 401-310-013 were merged into APN 401-310-019. This parcel became active and assessable for Fiscal Year 2011/2012. APN’s 401-310-002; 003; 012; 017; 018 & 019 were merged into APN 401-310-021 for Fiscal Year 2013/2014. APN 401-310- 160 of 165
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15 018 became parcel 022 for Fiscal Year 2013/2014. APN 430-330-022 merged into APN 401-310- 021 for Fiscal Year 2014/2015.

SECTION V – DISTRICT DIAGRAM
The following page(s) show the Assessment Diagrams for The Pinole Valley Road Landscape and Lighting Assessment District. The lines and dimensions shown on maps of the Contra Costa County Assessor for the current year are incorporated by reference herein and made part of this Report.
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16 Pinole Valley LLAD
Engineer's Report FY 2021-22
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17 Pinole Valley LLAD
Engineer's Report FY 2021-22
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CITY COUNCIL
REPORT
DATE: JULY 5, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: CHRIS WYNKOOP, FIRE CHIEF
SUBJECT: UPDATE ON PROPOSED CONFIRE SERVICE CONTRACT AND STATION 74 REOPENING

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

INTRODUCTION
At the April 19, 2022 Council meeting, the Pinole Fire Chief addressed Council regarding the reopening of Station 74 using County Measure X funds in collaboration with Confire.

At that time, discussions between the City and Confire had just initiated, and the Fire Chief informed Council that he would update Council periodically as discussions progressed.

BACKGROUND
Contra Costa County Measure X, which passed in the November 2020 election, is a ½ cent sales tax providing an estimated $81M annually for 20 years 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 closed fire stations and add 45 firefighters countywide. Among the five fire stations proposed for reopening was Pinole Station 74. In November, 2021, the County Board of Supervisors approved funding to support the County Chiefs’ request, of which $2M annually (plus an annual COLA) was allocated toward the reopening of Pinole Station 74 through an integrative agreement with Confire.
11A
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2 DISCUSSION
The City and County explored whether integration should occur through annexation of the Pinole Fire Department’s service area into Confire or through a contract for service. It was determined that a contract for service was the only viable option because the portion of Pinole’s property tax that would go to Confire in the case of annexation was insufficient to sustain the cost of fire service. However, a contract for service whereby the City contributed an amount similar to its current allocated fire budget, combined with the $2M Measure X allocation, would be sufficient to enable both Station 73 and Station 74 to be fully staffed and operational under Confire’s superintendence. With Council’s approval, the City has initiated discussions with Confire regarding a contract for service.

At the time of the Fire Chief’s last update to Council on April 19, the Pinole City Manager, City Attorney, and Fire Chief were scheduled to meet with representatives from the County Administrator’s Office, County legal counsel, and the Confire Fire Chief, to discuss deal points of the proposed contract between our respective agencies. That meeting has since taken place, as have several subsequent weekly financial team meetings. The financial team is comprised of the City Financial Director, the County Financial Director, the Senior Deputy County Administrator, the Fire Chiefs of our respective agencies, and an independent municipal financial analyst (The Stone Municipal Group) retained to oversee financial team meetings and provide a fiscal analysis of the proposed contract per Contra Costa County LAFCO requirements.

Once tentative contract terms are agreed upon, a formal contract will need to be prepared.

Thereafter, the independent fiscal analysis, service plan, letter of agreement from the relevant labor group, and a resolution of Council support will need to be submitted with the contract to 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
None
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