Agenda packet — Pinole City Council, July 19, 2022

PINOLE CITY COUNCIL

MEETING AGENDA

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

TUESDAY
July 19, 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
Existing Litigation pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9:

City of Long Beach v. Monsanto Company et al., United States District Court, Central District of California, Case 2:16-cv-03493-FMO-AS (class action) B. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code § 54957.6
Agency designated representatives: City Manager Murray, City Attorney Casher, Human Services Director Shell
Employee organization: All groups
Unrepresented employee: All employees

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
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E. City Manager Report / Department Staff
F. City Attorney Report

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 July 5, 2022 Regular Meeting B. Receive the July 2, 2022 -July 15, 2022 List of Warrants in the Amount of $1,804,796.81 and the July 8, 2022 Payroll in the Amount of $498,245.31 C. Approve a Second Amendment to the Consulting Services Agreement with Quincy Engineering, Inc. for Preliminary Engineering Services to Advance the Replacement of the San Pablo Avenue Bridge Over Burlington Norther Santa Fe Railroad (CIP Project #RO1710) [Action: Adopt Resolution per Staff Recommendation (Kaur)]
D. Approve An Amendment to the Consulting Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for Preliminary Engineering Services and Design Services for the Senior Center Auxiliary Parking Lot (CIP Project # FA1901) by $35,000 [Action: Adopt Resolution per Staff Recommendation (Kaur)]
E. Placement of Liens for Delinquent Unpaid Waste Collection Charges Falling Delinquent Between January and April 2022, Considered at an Administrative Hearing on June 2, 2022 [Action: Adopt Resolution per Staff Recommendation (Bell)]
F. Adopt a Resolution Approving a Memorandum of Understanding Between the City of Pinole and Pinole Police Employees’ Association for the Period of July 1, 2022 – June 30, 2023 [Action: Adopt Resolution per Staff Recommendation (Shell)]
G. A Resolution of the City Council of the City of Pinole Approving a Purchase and Sale Agreement by and Between the City of Pinole and LDW Investment Group, LLC for the Sale of Property Located at 612 Tennent Ave (APN: 401-142-011) and Authorizing the City Manager to Execute the Purchase and Sale Agreement and an Affordable Housing Regulatory Agreement in Such Form as Approved by 4 of 308
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the City Attorney and the City Manager [Action: Adopt Resolution per Staff Recommendation (Mishra)]
H. Adopt a Resolution to Accept the San Pablo Avenue Rehabilitation Project as Complete and to Approve the Filing of a Notice of Completion [Action: Adopt Resolution per Staff Recommendation (Kaur)]

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. Pinole Square Permit Extension (aka Appian 80) Shopping Center [Action:

Conduct Public Hearing and Adopt Resolution per Staff Recommendation (Hanham)]

11. OLD BUSINESS
None

12. NEW BUSINESS
A. Update on the City’s Use of Funds in the Section 115 Trust Fund [Action:

Receive Report (Guillory)]

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 Regular City Council Meeting of August 2, 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: July 14, 2022 at 2:00 P.M.
_________________________________
Heather Bell, CMC
City Clerk
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CITY COUNCIL MEETING

MINUTES
July 5, 2022

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
The City Council Meeting was held in a hybrid format (in-person and via Zoom videoconference and broadcast) from the Pinole Council Chambers, 2131 Pear Street, Pinole, California. Mayor Salimi called the Regular Meeting of the City Council to order at 6:01 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
Neil Gang, Acting City Manager
Heather Bell, City Clerk
Eric Casher, City Attorney
Chris Wynkoop, Fire Chief
Sanjay Mishra, Public Works Director
Markisha Guillory, Finance Director
Roxane Stone, Deputy City Clerk
City Clerk Heather Bell announced the agenda had been posted on Thursday, June 30, 2022 at 4:00 p.m. with all legally required written notices. No written comments had been received in advance of the meeting.

Following an inquiry, the Council reported there were no conflicts with any items on the agenda. 6 of 308
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A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Gov. Code § 54956.9 (d)(1)
Name of Case: City of Pinole et al v. PG&E

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

PUBLIC COMMENTS CLOSED

5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION At 6:56 p.m., Mayor Salimi reconvened the meeting into open session and announced there was no reportable action from the Closed Session.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting
Maria Alegria, Pinole, referenced the action the City Council had taken on June 7, 2022 to include the Faria House in the Capital Improvement Program (CIP) for Fiscal Year 2022/23. She thanked the Mayor Pro Tem and Council member Tave for voting to oppose the expenditure of $420,000 for the Faria House and $65,000 for the pocket parks on Galbreth Road, which expenditures were close to a million dollars in Measure S 2014 funds and which did not meet the description in the CIP for this category nor did it meet the intent of Measure S 2014 funds. She reminded the City Council that Measure S had barely been approved by the voters in 2014, but the tax was being used as a slush fund for pet projects. The language in the measure clearly stated the local sales tax was to maintain essential police and fire services, prevent the reduction of maintenance of City parks and streets and prevent the reduction of youth, family and senior recreational services.

She questioned whether the two projects qualified as important infrastructure projects while City parks and streets lacked maintenance and youth and senior programs needed funding.

Ms. Alegria also disagreed with the City Attorney’s opinion that the Mayor did not have a conflict of interest with the Faria House renovations in that any public money spent to renovate the Faria House would increase the value of City-owned property and adjacent properties in the area. She stated the public needed answers as to why the Mayor had recused himself on similar decisions in downtown Pinole, such as for the Historical Overlay District and sale of redevelopment properties. She asked why the Mayor’s yes vote to spend $420,000 for the Faria House renovations was any different.
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Mayor Salimi asked the City Attorney to contact Ms. Alegria with a response to her comments on the use of Measure S funds and whether or not he had a conflict of interest.

Rafael Menis, Pinole, suggested it was reasonable the expenditures for the pocket park on Galbreth Road could be classified as maintenance for a park since the benches had been poorly maintained and the intent was to bring them to appropriate standards. On another matter, he reported the City of Pinole’s rate of new COVID-19 cases was the second highest in Contra Costa County and he continued to encourage everyone to mask indoors, particularly in crowded areas.

In addition, he spoke to the historical legacies attached to the Fourth of July holiday and the importance of the holiday to all Americans.

Bob Kopp, Pinole, reported on the success of the Pinole Car Show and advised the proceeds from the event would be dispersed between the Pinole Senior Center, PCTV, Pinole Swim Center, Pinole-Hercules Little League and aid to a local veteran in the Pinole-Hercules area, with Home Depot to match the amount of aid provided. The Pinole Car Show was again scheduled for June 25, 2023. He thanked the Chief of Police for having a Lieutenant work with organizers and he hoped that same person would be able to work with organizers in 2023. He also reported he had presented a plaque to the Head of Maintenance and had plaques for the City Council, Police and Fire Chiefs. He hoped the City Council would be able to fund the Car Show in future years and he thanked the City for its support along with the volunteers who worked hard to bring the event to Pinole.

Debbie Long, Pinole, reported she had learned the Mayor Pro Tem had been posting on his Facebook page during the June 21 City Council meeting. She questioned how attentive he was to others and questioned the use of his electronic devices. The Mayor Pro Tem also had a campaign sign prominently displayed during a recent City Council Zoom meeting. She understood the City Council had been informed their electronic devices could be used for public records requests and she found one of the problems with Zoom over the past two years was that it relaxed those types of rules since they were not monitored. She asked the City Attorney to review this matter with all City Council members and if necessary add this topic to the City Council’s Ethics Policy. She otherwise congratulated Mr. Kopp on the success of the Car Show.

Mayor Salimi asked the City Attorney to follow-up on the items referenced.

Peter Murray, Pinole, referenced the June 21, 2022 City Council discussion on the 115 Trust, which Trust had been established to carry the City through the next 15-years with the undulations of the state’s inability to control the California Public Employees’ Retirement System (CalPERS) debts and to protect the City and its finances. There had been a great deal of effort to establish the Trust and to see it used for something else was disheartening. He also found the Fourth of July fireworks celebration to be well done.

Mayor Salimi reported the Finance Director would be providing a memorandum to the City Council on the 115 Trust and there would be a specific conversation on that topic soon.

Tony Vossbrink, Pinole, commended the success of the Car Show but suggested the fireworks display had been a disappointment since it had not come as advertised, there had been a traffic jam to reach the area, no clear information where the fireworks would be displayed had been provided to the public and many people had left the area given limited visibility once the fireworks show had started.
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Mr. Vossbrink was disappointed the City had budgeted funds for the event when the fireworks were not clearly visible to all. He asked that the City Council conduct a full review of the costs of the event including overtime and what the City of Hercules had paid to share the event. He suggested the City not share the event in the future with Hercules and hold its own fireworks display. He also suggested the Pinole-Hercules Wastewater Treatment Plant should be used as a testing site for the COVID-19 and Monkey pox viruses.

7. REPORTS & COMMUNICATIONS
A. Mayor Report

1. Announcements
Mayor Salimi wished everyone a Happy Independence Day and congratulated Mr. Kopp for the successful Car Show. He asked the Acting City Manager to report out on the recent passing of Nick Norton.

Acting City Manager Neil Gang reported that Nick Norton, one of the original Pinole Police Department Posse Members, had recently passed away. He commended his passion for helping the community, stated he would be missed by all, and reported that a memorial service would be planned soon with details to be provided to the City Council when available.

The City Council held a Moment of Silence for Nick Norton at this time.

B. Mayoral & Council Appointments: None
C. City Council Committee Reports & Communications
Council member Martinez-Rubin reported she had attended a WestCAT special meeting and West Contra Costa Transportation Advisory Committee (WCCTAC) meeting, and briefed the Council on the discussions and actions taken. She encouraged everyone to remain safe and continue masking in public and closed spaces.

Mayor Pro Tem Murphy also encouraged everyone to stay healthy, safe and continue to mask.

As a member of the Marin Clean Energy (MCE) Executive and Technical Committees he highlighted the Electric Vehicle (EV) Energy Partnership and sync application, with more information on the MCE website. The MCE Technical Committee would next meet on July 7, 2022 at 8:30 a.m., which meeting was open to the public. He thanked the City’s Recreation Department for all of the community events and Police, Fire and City Department staff for coming together.

Council member Toms reported she had also attended the WestCAT special meeting and a subcommittee meeting for the Regional Wildfire Prevention Coordination Group, and briefed the Council on all discussions. She added the state had not yet published the new fire codes but once that happened the County Fire Chiefs Association would be preparing a Model Fire Code in the hopes each jurisdiction would adopt the same model code. It was expected after Labor Day that some elected officials would be invited to informational Zoom meetings to review those fire codes prior to presentation to the jurisdictions for adoption. 9 of 308
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D. Council Requests for Future Agenda Items
Council member Toms asked that a report from the accounting firm that did the work on the 115 Trust identify how long the Trust was expected to last, be placed on a future agenda along with the memorandum staff planned to provide on the details of the 115 Trust. Consensus given.

Mayor Salimi requested a future agenda item for a proclamation for Bastille Day, which he hoped to present at an upcoming dinner. Consensus given.

Mayor Salimi requested a future agenda item to receive an update on Hero Pay and whether American Rescue Plan Act (ARPA) funds could be used since he had been unable to attend a Closed Session item on that topic.

City Attorney Eric Casher reported a Closed Session memorandum had been prepared in advance of that session and the Mayor could be provided a copy along with a privileged summary of what had been discussed. He added that if the Mayor wanted to have a discussion with other Council members that would have to be in a Closed Session.

Mayor Salimi stated his comments would be brief and could be considered as part of another Closed Session item and City Attorney Casher suggested if that was the direction of the City Council that would be fine. Consensus given.

D. City Manager Report / Department Staff
Acting City Manager Gang further reported on the success of the Car Show and expressed his appreciation to Mr. Kopp and all volunteers and staff involved in the planning and execution of the event. He also reported a debrief of the Fourth of July fireworks celebration would be conducted in the next week to identify any growth and development opportunities and would include consideration of feedback from the community.

Acting City Manager Gang expressed his appreciation for the opportunity to serve the City Council and the community as the Acting City Manager for a brief period of time, and with the City’s support team would respond to questions.

Mayor Salimi welcomed Mr. Gang as the Acting City Manager.

F. City Attorney Report
City Attorney Casher reported there would be two Special City Council meetings; one on July 12, 2022 to discuss the Draft Charter City Measure and a Joint Meeting with the Planning Commission on July 13, 2022 to discuss the General Plan Update, Housing, Safety, and Environmental Justice Elements of the General Plan.

Mayor Salimi asked that the memorandum staff proposed to provide on the 115 Trust be provided to the City Council in a timely manner to allow the Council to have all information on the City’s finances before a decision was made on the Draft Charter City.

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

PUBLIC COMMENTS CLOSED

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

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

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)]

PUBLIC COMMENTS OPENED
Deputy City Clerk Stone reported there were no public comments. 11 of 308
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PUBLIC COMMENTS CLOSED
ACTION: Motion by Council members Toms/Martinez-Rubin to approve Consent Calendar Items 9A through 9G, as shown.

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

Absent: None
Mayor Salimi declared a recess at 7:40 p.m. The City Council meeting reconvened at 7:45 p.m. with all Council members present in-person or via Zoom.

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.

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)]
Public Works Director Sanjay Mishra provided a PowerPoint presentation of the Pinole Valley Road Landscape and Lighting Assessment District for FY 2022/23, which had previously been presented to the City Council on June 21, 2022, with the Engineer’s Report and assessments.

He asked the City Council to conduct a public hearing concerning the levy and collection of assessments within the Pinole Valley Road Landscape and Lighting Assessment District; consider any and all objections to the assessments; and adopt a resolution confirming the assessment and diagram as 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.

PUBLIC HEARING OPENED
Maria Alegria, Pinole, asked the feasibility of incorporating EV charging stations in the Pinole Valley Road Landscape and Lighting Assessment District, which would benefit the District.

Public Works Director Mishra explained that the Pinole Valley Road Landscape and Lighting Assessment District was not really set up for EV charging stations and the City would have to go back to the property owner to figure that out, although the City was considering the installation of EV charging stations at various locations throughout Pinole via grant opportunities. 12 of 308
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Rafael Menis, Pinole, understood the allowable increase in the levy was either two percent or the April Consumer Price Index (CPI) if the April CPI was greater; however, for Zones A and B and in Fiscal Year 2021/2022, the CPI was 3.8 percent but the increase that had been implemented was only two percent for both zones. He asked for clarification from staff.

Public Works Director Mishra was uncertain why the increase for 2021/2022 had only been two percent since he had not been employed with the City at that time. The current CPI for April 2022 was at five percent, which had been applied to this year’s increase.

Peter Murray, Pinole, referenced the median between DaVita Dialysis and the bowling alley and commented that when the DaVita Dialysis clinic had been built and when the infrastructure had been installed for the electrical, the work had gone through the median which had been destroyed.

The developer should have been held financially responsible for its repair. Also, DaVita Dialysis was to have planted a number of trees along the creek on Sprouts property, which had also not been done. He suggested the developer should be held accountable, otherwise the funds from the Pinole Valley Road Landscape and Lighting Assessment District would be used. He asked staff to look into that situation.

Mayor Salimi asked the Acting City Manager and Public Works Director to follow up on the situation about the median and the planting of trees with a status report provided to the City Council within the next six weeks.

Acting City Manager Gang confirmed staff would report back with additional information.

Tony Vossbrink, Pinole, asked the City Council to take a serious look at the Pinole Valley Road entrance to the City and do a better job with the landscaping in the median strips on both sides of the I-80 overpass, which plant material was in need of maintenance or replacement. As to the light poles up and down Pinole Valley Road, there had been an agreement between a previous City Council, the Public Works Department and Pinole Valley High School related to the build out of the high school and the reevaluation of the number of traffic light signals along Pinole Valley Road. He suggested there were too many stop lights along that route, queuing needed to be revaluated and the number of stop lights increased carbon emissions impacts. He also questioned the fact the current Public Works Director was considering less expensive options to replace some of the lights poles that had been knocked down and expressed concern with the potential for a mish-mash of cheap solutions.

Mayor Salimi asked staff to contact Caltrans to clean up the right-of-way. He understood there had been a prior presentation to the City Council related to the reason for the number of traffic signals. which was public information and which could be made available to the public. Also there were a number of studies prepared that justified the number of traffic signals that could also be made available to the public for informational purposes.

PUBLIC HEARING CLOSED
In response to Council member Tave, Public Works Director Mishra clarified the CPI, as dictated by the U.S. Department of Labor Bureau of Labor Statistics, had been detailed in the staff report, was updated each month and the City followed the CPI when imposing the levy for the Pinole Valley Road Landscape and Lighting Assessment District. 13 of 308
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Council member Martinez-Rubin thanked the Public Works Director for his comprehensive responses. She understood there was a cap on the levy and businesses were aware over time there could be an increase in the levy for the Pinole Valley Road Landscape and Lighting Assessment District.

Mayor Pro Tem Murphy thanked the Public Works Director for his informative presentation.

Mayor Salimi also thanked the Public Works Director for his presentation.

ACTION: Motion by Council member Toms/Mayor Pro Tem Murphy to adopt a resolution confirming the assessment and diagram as 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.

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

Absent: None

11. OLD BUSINESS
A. Update on Proposed CONFIRE Service Contract with Station 74 Reopening [Action: Receive Report (Wynkoop)]
Fire Chief Chris Wynkoop provided a PowerPoint presentation on “Update on Proposed CONFIRE Service Contract with Station 74 Reopening,” which included an overview of the background and passage of Measure X and the County Fire Chiefs collective proposal to utilize Measure X funds to enhance fire service countywide, reopen shuttered fire stations throughout the County under the Superintendence of the Contra Costa County Fire Protection District (ConFire), and where the County Board of Supervisors (BOS) had approved $2 million of Measure X funds toward the reopening of Pinole’s Fire Station 74 as part of that effort.

Fire Chief Wynkoop highlighted the options for service which had been evaluated including annexation into ConFire and contract for service, and clarified that the City of Pinole’s property tax that would go to ConFire in annexation would not sustain the cost of fire service for one station much less two, and given Pinole’s annual property tax revenue was less than the current Fire Department budget the City of Pinole was not a candidate for annexation. He clarified that a contract for service whereby the City of Pinole would contribute an amount similar to its allocated fire budget combined with the $2 million Measure X allocation would enable both Station 73 and Station 74 to be fully staffed and operational under ConFire’s superintendence. With the City Council’s approval, the City had initiated discussions with ConFire regarding a contract for service.

Fire Chief Wynkoop identified the contract negotiation team which included numerous members of City staff, County ConFire Fire Chief and Senior Deputy County Administrator. 14 of 308
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Pursuant to the Local Agency Formation Commission (LAFCO) requirements, Fire Chief Wynkoop explained that an independent municipal financial analyst, The Stone Municipal Group, had been retained to oversee the financial team meetings and provide a fiscal analysis of the proposed contract. He reported the contract negotiation team had met to discuss the deal points of a proposed contract as well as the financial team comprised of the City’s Finance Director, County Financial Director, Senior Deputy County Administrator, Fire Chiefs of the respective agencies and The Stone Municipal Group.

Fire Chief Wynkoop reported that the information requested by the financial analysists included five-year revenues and expenditures and budget to actuals, capital improvements – vehicle and apparatus replacements, employee pay steps and leave accruals, information on pension liability, and a service plan. He also provided a spreadsheet to highlight the level of detail being considered for the proposed contract and reported that the same information had been provided at a recent Pinole for Fair Government meeting. He emphasized the right people were asking and answering the right questions to the level of detail needed to come to an informed evaluation, and to ensure if the City Council agreed to move forward with this plan it would have every confidence they were moving the City to the best fire arrangement that could be attained.

Fire Chief Wynkoop further reported they were on track to meet the original estimated timelines.

Once the tentative contract terms had been agreed upon, the independent fiscal analysis, service plan, and letter of agreement from the labor group and resolution of Council support, would be required to be submitted with the contract to LAFCO for approval. The anticipated timeline for completion of the contract and LAFCO submission was fall 2022 with an estimated implementation to include the reopening of Station 74 in late winter/early spring of 2023.

PUBLIC COMMENTS OPENED
Debbie Long, Pinole, asked whether all costs associated with both fire stations would cover the City’s current budget and the $2 million in Measure X funds. She suggested it was unfair for the public not to see the costs and the deal points of the contract in order to provide feedback. The spreadsheet the Fire Chief had provided as part of the PowerPoint presentation on Zoom was not clearly visible nor had it been included in the staff report, making it difficult for the public to read the information and provide comment. She understood The Stone Municipal Group had shared a document with the City’s Finance Director and at this time made a Public Records Act request to obtain a copy of that document or at the very least the spreadsheet provided by the Finance Director, to also be provided to the public. She also wanted to see the county provide a Cost of Living Adjustment (COLA) to the $2 million in Measure X funds each year, which should be part of any contract. In addition, she sought more information on the impacts to all parties in the event the City was unable to afford to continue the contract and requested all information be provided to allow public feedback before the City Council received a final document for action.

Fire Chief Wynkoop clarified the monies and costs being retained by the City versus the costs transferred over to ConFire were being negotiated as part of the contract group discussions, and the questions raised by Ms. Long were the types of questions the contract group had discussed and would be itemized and answered as part of the draft contract. As to whether or not the public would have an opportunity to provide feedback on the contract he would defer to the City Manager and City Attorney.
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City Attorney Casher explained that the contract would be brought forward for public review prior to a final decision by the City Council.

City Clerk Bell acknowledged the Public Records Act request made by Ms. Long and stated she would follow-up on that request.

Fire Chief Wynkoop also reported The Stone Municipal Group would prepare a Final Financial Report and was still working on that document.

Mayor Salimi asked that the spreadsheet as part of the PowerPoint presentation be included in the meeting minutes for public review.

Fire Chief Wynkoop further clarified in response to the Mayor that the cost of the contract would go up year after year as would any budget. Also, Measure X would have a year-after-year cost escalator that had not yet been determined, which was one of the issues the contract group was working on to get answers prior to a finalized document. In addition, he confirmed there would be an opt-out option built into the contract.

City Attorney Casher advised that all contracts had a term, they were exploring what would happen at the end of the contract, how to transition back to the status quo, and what needed to be built into the contract to account for that with all details still being negotiated.

Tony Vossbrink, Pinole, asked of the actual hard date opening for Fire Station 74 at full staffing levels given a prior presentation from Supervisor John Gioia and the County Fire Chiefs who had informed the public it would be either in June or July 2022 or 2023, and he assumed that depended on the recruitment numbers. If the reopening of the fire station was delayed due to staffing or other issues it could cost the City money.

Fire Chief Wynkoop reiterated the timeframe included the contract signature in fall 2022 and reopening Fire Station 74 in late winter or early spring 2023. He could not comment on anyone else’s comments as part of any other presentation. He explained that ConFire had an academy that would complete its training around October or sometime after the first of the year, with staffing playing into the timeline. Part of the issue was there would be five fire stations opening throughout Contra Costa County and Pinole wanted assurance there would be sufficient recruits to provide appropriate staffing. The implementation of the timeline for reopening Fire Station 74 would also be identified in the contract and there would be a more precise date for the timeline identified in spring 2023. If the reopening of Fire Station 74 was delayed that would be something for the legal teams to discuss.

City Attorney Casher stated he could not provide an answer on what would happen if the reopening of Fire Station 74 was delayed at this time but would look into it and provide a response to the City Council.

Cordell Hindler, Richmond, suggested before the City Council approved any contract the spreadsheet that had been presented as part of the PowerPoint presentation should be provided to the public to allow feedback. He too questioned potential impacts to Pinole if the reopening of Fire Station 74 was delayed.
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Peter Murray, Pinole, agreed with the comments about opening the contract up to the public, most of whom may not be aware of the details. He too wanted more information on an exit strategy and suggested it should consist of the cost of personnel and equipment in any case and at any point in time. He pointed out a study conducted three years ago, which had been shelved and which had not been accepted by the involved parties, had addressed disinformation. He suggested all information should be vetted with the public. While the reopening of Fire Station 74 would help Pinole, everyone should play a part in the cost and Pinole citizens should not be left to pay the bill if something were to go array.

Fire Chief Wynkoop reiterated an exit strategy would be part of the contract. The August 16, 2022 City Council meeting had been targeted for the County Fire Chiefs to be present and the City Council to have an opportunity to review the draft contract.

Vincent Wells, President Local 1230, representing Pinole Firefighters and others within the County, reported that Pinole Firefighters supported the plan but realized the details needed to be worked out. As had been explained in the presentation, he understood the right people were having those conversations. He was pleased with the opportunity to expand services to the community above and beyond adding an additional fire station but including other services that could be provided by ConFire. The proposal would also allow access to Measure X funds which would allow for the reopening of Fire Station 74 in the Pinole Valley. He detailed the background of Measure X and the BOS decisions related to the allocation of Measure X funds and the efforts of the Measure X Advisory Board. He added that labor must also approve the contract.

Mayor Salimi thanked Mr. Wells for all of his great work for the Pinole community.

Irma Ruport, Pinole, thanked the Fire Chief and Pinole firefighters for their hard work. She asked that Supervisor Gioia’s video presentation on Measure X funds and the reopening of Fire Station 74 be posted on PCTV, the presentation from the Fire Chief also be posted to inform the public on this topic, and that a sign be placed in front of Fire Station 74 to advise that the station would be reopened. She added that the proposed service contract should include information on bringing fire stations back rather than closing them in the future.

Acting City Manager Gang reported that when City Manager Murray returned they could have a conversation with the Fire Chief about possible signage in front of Fire Station 74.

City Attorney Casher stated that staff would look into whether Supervisor Gioia’s video presentation could be posted on PCTV.

Maria Alegria, Pinole, thanked the citizens of Pinole and Contra Costa County for their support of Measure X. As an elected delegate representing the Democratic Party Supervisorial District 1, and as the former Chair of the Democratic Party, she thanked Council member Tave for his leadership in asking the Democratic Party to support Measure X and the Contra Costa County Fire Chiefs proposal to reopen Fire Station 74, noting that five fire stations would be opened in Contra Costa County. As a resident of the valley whose property abutted hills and open space, she wanted to see Fire Station 74 be opened sooner rather than later, particularly since the Governor was pushing for aggressive water conservation due to the drought. She had done her due diligence to maintain defensible space as part of the Wildland Urban Interface (WUI), and encouraged the Pinole City Council to continue its efforts to negotiate with ConFire to allow the reopening of Fire Station 74.
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Rafael Menis, Pinole, also thanked the voters of Contra Costa County for supporting Measure X and for making it possible to reopen Fire Station 74. As to the PowerPoint presentation, until such time as the City was able to upgrade its broadcast equipment in the Council Chambers, he suggested staff review any information to be presented to the public to ensure it was clearly visible but he understood the presentation would be uploaded on the City website. He also wanted more detail on the questions raised by the public. In terms of the timelines and questions about whether or not there would be public input on the details of the contract, he understood additional meetings would be held to offer an opportunity for meaningful input.

PUBLIC COMMENTS CLOSED
In response to Council member Martinez-Rubin, Fire Chief Wynkoop explained than an integrated agreement with ConFire would be considered. Under the agreement, the fire service would be provided under the auspices of ConFire. Fire Station 74 would be staffed by ConFire employees and Pinole Fire Department employees would become ConFire employees. The service plan would be included in the contract for City Council review and would essentially result in doubling every resource in Pinole, all of which would be detailed in the service plan.

Mayor Pro Tem Murphy clarified with Fire Chief Wynkoop the role of LAFCO in that the service contract was required to be approved by LAFCO since the agency had new requirements for the approval of contracts. It was anticipated the LAFCO process could take anywhere from 30 to 60- days, which was driving many of the timelines. Public participation at LAFCO meetings would have to be verified.

City Attorney Casher explained that when LAFCO considered Pinole’s service contract, the meeting would be open to the public. He added that LAFCO was responsible for reorganization of governments, which was why the service contract must go before LAFCO for approval pursuant to Government Code.

Mayor Pro Tem Murphy recommended a Gann Chart or list of terms be provided on the Fire Department page of the City’s website to educate the public and suggested the use of key domains would be helpful for public communication and engagement. He also suggested tenant and service groups should be included and engaged in updates on the timelines whether at LAFCO or City Council meetings. He valued small room conversations to allow people to understand the topic and suggested spending time with the Fire Chief should be part of any community engagement. He also thanked County residents for their support of Measure X and understood the questions surrounding the assumption the $2 million in Measure X funds combined with the City’s budget and the escalator on Measure X funds, when declared, would be sufficient to accomplish the goal.

Mayor Pro Tem Murphy suggested as a contingency plan and as the City was growing and scaling its fire safety program, there also be consideration of opportunities with the National Volunteer Council or the U.S. Fire Service. He expressed concern with the challenges of competing priorities in terms of Measure X funds in the future and he would hate to see that future funding be threatened by other priorities. He urged the City Manager and Fire Chief to create opportunities for program assistance and grant opportunities.

Fire Chief Wynkoop clarified in response to the Mayor Pro Tem that he had done a recent walking tour of Fire Station 74.
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Fire Chief Wynkoop clarified that the building had not been occupied by full fire staff for some time, some upgrades were needed in terms of paint, carpets and some appliances but all in all it was a fairly new building with no structural issues that had to be addressed. He added the current budget included $50,000 to allow fire crews to operate efficiently and effectively out of the building.

He was uncertain whether Fire Station 74 had been included as part of the City’s Energy Audit and would check with the Public Works Department.

Council member Tave thanked the citizens and the County for supporting Measure X and Fire Chief Wynkoop for his leadership. He also thanked the community for its feedback and highlighted all of the work to reach this point. He encouraged everyone to let the professionals work on the contract and once the City Council had received the draft it could dive into the details.

He was anxious to see the numbers and have that discussion at a later date. He agreed the public should have a better understanding of the timelines with all information to be made available to the public for discussion. He suggested this extra step would add synergy to the region and he looked forward to moving forward.

Council member Toms thanked staff and Fire Chief Wynkoop for all the hard work and for bringing forward the update to the service contract. She clarified with the Fire Chief that the City of Pinole Fire Department was the primary responding agency for Tara Hills and Bayview - Montalvin Manor and asked that the contract group be informed that those communities were being taxed by ConFire but were being served by Pinole, and The Stone Municipal Group should quantify that tax so the City of Pinole received credit in its financial report.

Council member Toms also spoke to the contract terms and budget and wanted more information as to how far in advance the budget numbers would be known as to whether the escalation amount to be borne by the City would be the same amount provided by Measure X. This information would be important in a worst-case scenario if the City were to opt-out since it would cost the City to rebuild.

Council member Toms also expressed interest in the $15 million tax revenue brought in by the East Contra Costa Fire Protection District and what population that represented. In the interim period, she suggested that the option for annexation should be on the table, which discussion may help inform the City Council. She otherwise reported that LAFCO met on the second Wednesday of each month and she planned to review the reports for the annexation of East County to educate herself. She encouraged the members of the City Council and the public to do the same to inform the future discussion of the City Council in August. In addition, she reported the ConFire Board of Directors met monthly with its next meetings scheduled for July 12, 2022 and August 9, 2022.

The City Council discussed Council member Toms’ requests and while there were concerns with disrupting the work that had been ongoing given the BOS decision to allocate Measure X funds for Pinole, the City Council recognized the questions were reasonable questions to ask. There was confidence the Fire Chief, City Manager and the contract group would come up with a reasonable draft contract after negotiations.

Mayor Salimi looked forward to the future discussion of the service contract and the reopening of Fire Station 74 in early winter/spring 2023.
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12. NEW 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.

Irma Ruport, Pinole, asked why the Faria House had been included on the funded list for the CIP for this fiscal year in the amount of $420,000 and considered as a priority item. She understood including an unfunded item in the CIP required a funded item to be removed from the CIP list.

She asked what project had been removed, why and by whom. While this same request had been made during the June 21 City Council meeting and via an email, to date there had been no response. She asked for a response in the public record at the next City Council meeting.

14. ADJOURNMENT to the Special City Council Meeting of July 12, 2022 in Remembrance of Amber Swartz and Nick Norton.

At 10:06 p.m., Mayor Salimi adjourned the meeting to the Special City Council Meeting of July 12, 2022 in Remembrance of Amber Swartz and Nick Norton.

Submitted by:
_________________________________
Heather Bell, CMC
City Clerk
Approved by City Council:
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CITY COUNCIL
REPORT
9C
DATE: JULY 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA KAUR, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: APPROVE A SECOND AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH QUINCY ENGINEERING, INC. FOR

PRELIMINARY ENGINEERING SERVICES TO ADVANCE THE

REPLACEMENT OF THE SAN PABLO AVENUE BRIDGE OVER

BURLINGTON NORTHER SANTA FE RAILROAD (CIP PROJECT
#RO1710)

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving a second amendment to the Consulting Services Agreement with Quincy Engineering Inc. dated May 26, 2020 (the “Agreement”) to increase the total amount paid for services by $83,400 in an amount not to exceed $1,011,100 and authorizing the City Manager to execute the second amendment to the Agreement, in a form approved by the City Attorney.

BACKGROUND
The replacement of the San Pablo Avenue bridge over Burlington Northern Santa Fe (BNSF) railroad is an approved project in the current adopted Capital Improvement Plan (CIP Project # RO1710, the “Project”). The San Pablo Avenue bridge crosses over the BNSF railroad track, approximately 900 feet northeast of the intersection of San Pablo Avenue and Pinole Valley Road and serves as the area’s direct route between the cities of Pinole and Hercules, without using the freeway.

The existing bridge was constructed in 1938 and does not meet American Association of State Highway and Transportation Officials (AASHTO) design standards for current and projected future average daily traffic (ADT). Every two years, the bridge is thoroughly inspected by the State of California Department of Transportation (Caltrans) and rated on 140 elements and assigned a Sufficiency Rating (SR) score between 0 to 100. The SR is an overall measure of the bridge condition and sufficiency to remain in service life and used as a criterion to determine eligibility for federal funds and prioritization. The latest 2020 Caltrans Structure Maintenance and Investigation Report indicates that the bridge has a SR of 33.5 and has a status of “Structurally Deficient.” The condition and age of the bridge warrant replacement and made the structure eligible for Federal Highway 38 of 308
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Administration (FHWA) Highway Bridge Program (HBP) replacement funding. The purpose of the Project is to provide a safe, modern bridge and roadway that enhances and supports multi-modal transportation.

On February 18, 2020, City Council adopted Resolution 2020-07 to authorize the City Manager to negotiate and execute an agreement with Quincy Engineering in an amount not to exceed $877,900 to initiate preliminary design and environmental process through the preparation of alternatives analysis and bridge type selection, preliminary coordination with BNSF railroad, preparation of a project report, utility coordination, and environmental technical studies to support completion of National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documents.

The Project was introduced to the West Contra Costa Transportation Advisory Committee (WCCTAC) in September 2020, and later presented to both the City Councils of Pinole and Hercules. The presentations covered the purpose and need of the Project, an introduction to the Project development process, an overview of Project considerations and challenges, and Highway Bridge Program funding constraints.

On July 6, 2021, City Council adopted Resolution 2021-54 to authorize the City Manager to execute an amendment to the Consulting Services Agreement with Quincy Engineering Inc., for an additional $49,800 to complete additional traffic analysis, a wetlands delineation report, and payment for BNSF environmental fees, which were all not included in Quincy Engineering Inc.’s original scope of work.

City staff routinely coordinates with the City of Hercules staff to share Project information.

In February 2021, City staff attended a meeting hosted by a Hercules homeowner’s association (Hercules by the Bay) to discuss the Project and address community questions and concerns. In November 2021, a website (www.pinolespabridge.com) was launched to provide Project information and provide access to recorded meetings.

On December 8, 2021, a virtual public workshop was held to present design alternatives and answer questions for members of the public. Postcard invitations were mailed to all Pinole residents and Hercules residents who live near the Project. The City of Hercules also conducted outreach to invite residents to the workshop. The workshop was broadcast on Pinole Community Television (PCTV), and a recording is available for viewing on the Project website.

On March 1, 2022, the Pinole City Council reviewed two design alternatives for the Project and accepted Alternative 1 as the preferred design alternative and authorized conducting additional studies to proceed with preparation and environmental documents. In addition, City Council also authorized staff to draft a Memorandum of Understanding with the City of Hercules regarding Project development and construction coordination, which would need to be approved by the City Council prior to execution.

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would be constructed northwest of the existing bridge to detour traffic around the Project site during the approximate 18-month construction period.

On June 30, 2022, City staff hosted a virtual meeting to provide an update on the Project to the Hercules by the Bay homeowners association and to answer questions and address concerns.

REVIEW & ANALYSIS
Quincy Engineering Inc. has prepared materials and presented to stakeholders about potential bridge alignments and design options, overall process, Project updates, and provided responses to community concerns at the following public meetings:

1. West Contra Costa Transportation Authority – 09/20/2020

2. City of Pinole City Council – 01/19/2021

3. City of Hercules City Council – 01/26/2021

4. Community Meeting – 12/08/2021

5. City of Pinole City Council – 03/01/2022

6. Hercules by the Bay Homeowners Association – 06/30/2022 These meetings were not in Quincy Engineering Inc.’s original scope of work. Quincy Engineering Inc.’s original scope of work included one public meeting which is a CEQA hearing. To advance the Project, staff anticipates that Quincy Engineering Inc. will need to participate in 3 additional stakeholder meetings with both City Councils of Pinole and Hercules, and another community meeting. Quincy Engineering Inc. has determined the estimated cost of 9 public meetings is $83,400, to be billed on a time and materials basis.

Additional details on scope of work and costs are provided in Attachment B.

FISCAL IMPACT
Staff recommends approval of a second amendment to the Agreement to increase the total amount paid for services rendered by Quincy Engineering Inc. by $83,400 to a total amount of not to exceed $1,011,100.

Staff does not expect there to be any new fiscal impact to the Project budget as the proposed amendment for $83,400 has already been incorporated into the FY 2022/23 Capital Budget.

ATTACHMENT(S)
A. Resolution
B. Additional Scope of Work and Cost
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RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING A SECOND

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH QUINCY ENGINEERING INC. DATED MAY 26, 2020 (THE “AGREEMENT”) TO INCREASE THE TOTAL AMOUNT PAID FOR SERVICES BY $83,400 IN AN AMOUNT NOT TO EXCEED $1,011,100 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SECOND AMENDMENT TO THE AGREEMENT, IN A FORM APPROVED BY THE

CITY ATTORNEY
WHEREAS, the City of Pinole (“City”) adopted a Capital Improvement Plan that includes the replacement of the San Pablo Avenue bridge over Burlington Northern Santa Fe (BNSF) railroad (CIP Project # RO1710, the “Project”); and WHEREAS, on February 18, 2020, City Council adopted Resolution 2020-07 to authorize the City Manager to negotiate and execute an agreement with Quincy Engineering in an amount not to exceed $877,900 to initiate preliminary design and environmental process through the preparation of alternatives analysis and bridge type selection, preliminary coordination with BNSF railroad, preparation of a project report, utility coordination, and environmental technical studies to support completion of National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) documents; and
WHEREAS, on July 6, 2021, City Council adopted Resolution 2021-54 to authorize the City Manager to execute an amendment to the Consulting Services Agreement with Quincy Engineering Inc., for an additional $49,800 to complete additional traffic analysis, a wetlands delineation report, and payment for BNSF environmental fees; and WHEREAS, Quincy Engineering Inc. has prepared and presented Project information to stakeholders at various public meetings; and WHEREAS, with the exception of a California Environmental Quality Act (CEQA) hearing, public meetings were not in Quincy Engineering’s original scope of work; and WHEREAS, to advance the Project, staff anticipates that Quincy Engineering Inc. will need to participate in additional public meetings.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby approve a second amendment to the Consulting Services Agreement with Quincy Engineering Inc. dated May 26, 2020 (the “Agreement”) to increase the total amount paid for services by $83,400 in an amount not to exceed $1,011,100 and authorize the City Manager to execute the second amendment to the Agreement, in a form approved by the City Attorney.

ATTACHMENT A
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PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th of July by the following vote, to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 19th day of July 2022.
____________________________
Heather Bell, CMC
City Clerk
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C i t y o f P i n o l e
S a n P a b l o A v e n u e B r i d g e R e p l a c e m e n t P a g e 1
Amendment 2 Scope
TASK 5: PUBLIC OUTREACH
Quincy Engineering will coordinate and conduct a series of public meetings in collaboration with the City of Pinole. These activities may include leading public workshops, attending City Council/commission meetings and other project-specific meetings. The purpose of these meetings will be to introduce and provide details to project stakeholders within the community.

Task 5.1 – Public Meetings
Quincy will participate in nine (9) public meetings/workshops for the community to participate, learn, and provide feedback about the project as requested by the City of Pinole. The nine public meetings may include:
• One (1) West Contra Costa Transportation Advisory Committee Presentation • Two (2) City of Pinole City Council Presentation
• Two (2) City of Hercules City Council Presentation
• One (1) Project specific Community Meeting
• One (1) Project specific Hercules by the Bay Meeting
• Two (2) additional community meetings/presentations as requested Quincy will work with the City to identify the public meetings needed to provide information to community stakeholders. Once the purpose and need for the public meetings have been determined, Quincy will develop the materials needed to conduct the presentations as required. The presentations will be reviewed and approved by City staff in advance of the meetings. Presentations inform stakeholders and the community about potential bridge alignments and design options, overall process, project updates, and solicit any new issues or concerns local residents might have with the projects (e.g., aesthetics, noise, etc.). Additional outreach with the public will occur as part of the public meetings that will be conducted during the environmental review process as required for NEPA and CEQA approvals.

Task 5 Deliverables
✓ Lead the preparation and City review of nine (9) public meetings ✓ Attend and/or facilitate as requested nine (9) public meetings (additional meetings may be required as needed)
✓ Create materials for all public meetings, including but not limited to presentation slides, flyers/handouts, agendas, comment cards

ATTACHMENT B
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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
X Prime Consultant Subconsultant
Consultant
Project Name
Project No. Contract No. Date 7/7/2022
Name Initials Hours
Lemon, Robert RBL 0 113.00 $
* Jurrens, Jason JPJ 120 100.00 $
Johnson, Michele MOJ 24 $ 96.54
McCauley, Scott SAM 32 $ 82.95
Vaggione, Matthew MMV 32 $ 75.73
Mitchell, Andrew AKM 40 $ 69.92
Truchement, Thomas TLT 80 $ 41.59
Poglase, Craig DCP 40 $ 64.25
368

LABOR COSTS
a)
b) (see calculation page attached)
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $28,088.40

INDIRECT COSTS
d) e) Total Fringe Benefits [(c) x (d)] $10,954.48
f) g) Overhead [(c) x (f)] $36,736.82
h) i) Gen & Admin [(c) x (h)] $0.00
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $47,691.29

FIXED FEE
k) l) TOTAL FIXED FEE [(c) + (j)] x (k) $7,577.97

CONSULTANT'S OTHER DIRECT COSTS (ODC)
Travel (@ active IRS mileage rate) miles @ $0.00
Pier Diem/ Hotel days @ $0.00
Delivery 1 @ $42.34
Vendor Reproduction
Vellum @ $0.00
81/2 X 11 Reproduction @ $0.00
11 X 17 Reproduction @ $0.00
Mounting Boards for Presentations @ $0.00
Newsletters (Translation and printing) @ $0.00
Subtotal Vendor Reproduction $0.00
Title Report 0 @ $0.00
Miscellaneous $0.00
m) TOTAL OTHER DIRECT COSTS $42.34 $42.34
n) SUBCONSULTANT COSTS (attach detailed cost proposal for each subconsultant) 0 $0.00
o) TOTAL COST [(c) + (j) + (l) + (m) + (n)]
NOTES:

1. Key personnel marked with an asterisk (*).

2. Employees subject to prevailing wage marked with two asterisks (**).

3. Anticipated salary increases calculation (Item"b") on attached page.

4. Note: Invoices will be based upon actual QEI hourly rates plus overhead at 169.79% plus prorated portion of fixed fee. Subconsultant and Direct Costs will be billed at actual cost.

The overhead rate (ICR) shall remain fixed for the contract duration or until both parties agree to modify the rate in writing.
$ 28,088.40
2nd Tier
Subconsultant
$ 2,796.80
$ 3,326.88
$ 2,570.00
$ -
$ 12,000.00
$ 2,316.96
$ 2,654.40
$ 2,423.36
Total
Quincy Engineering, Inc.

Fixed Fee (10.0%):

Senior Engineer
Associate Engineer
Range
$75-$130
$75-$130
$50-$110
$50-$120
$50-$120
$40-$85
$30-$50
$50-$90
Fringe Benefits (Rate: 39.00%):

Initial
Hourly Rate
$0.625
Engineering Designer I
$150.00
$42.34
$0.00
$83,400.00
Overhead (Rate: 130.79%):

General Administration (Rate: 0.0%):
$28,088.40
Estimated Salary Increases for Multi-Year Project $0.00 Exhibit 10‑H1 Cost Proposal
Actual Cost-Plus-Fixed Fee Contracts
Subtotal Direct Labor Costs

DIRECT LABOR
Classification/Title
Principal Engineer
Principal Engineer
Project Manager I
Senior Engineer
Engineering Designer IX
San Pablo Avenue Bridge Replacement Project
$0.00
$0.00
2022_07_07 Pinole SPA Amendment 2 Cost.xlsx LAPM 10-H P1 7/7/2022 44 of 308
Local Assistance Procedures Manual Exhibit 10-H
PAGE 2 OF 3
Consultant Contract No. 0 Date 7/7/2022
San Pablo Avenue Bridge Replacement Project

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$ 28,088.40 = $76.33 Year 1 Avg Hourly Rate
Proposed Escalation =
Avg Hourly Rate
Year 1 $76.33 + = $78.24 Year 1 Avg Hourly Rate
Year 2 $78.24 + = $82.15 Year 2 Avg Hourly Rate
Year 3 $82.15 + = $86.26 Year 3 Avg Hourly Rate
Year 4 $86.26 + = $90.57 Year 4 Avg Hourly Rate
Year 5 $90.57 + = $95.10 Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 100.00% * = 368.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 368.0
Year 1 $76.33 * = $28,088.40 Estimated Hours Year 1
Year 2 $78.24 * = $0.00 Estimated Hours Year 2
Year 3 $82.15 * = $0.00 Estimated Hours Year 3
Year 4 $86.26 * = $0.00 Estimated Hours Year 4
Year 5 $90.57 * = $0.00 Estimated Hours Year 5
= $28,088.40
= $28,088.40
= $0.00 Transfer to Page 1
NOTES:
• This assumes that an average of one half year will be worked at the rate on the cost proposal.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
EXHIBIT 10-H1 COST PROPOSAL
368
0 0
0 0
Total Direct Labor Cost with Escalation
368.0
Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
(calculated above) (calculated above)
Completed Each Year per Cost Proposal
368.0
368.0
368.0
368.0
Estimated % Total Hours

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation

2.5%

5.0%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) 368

ACTUAL COST-PLUS-FIXED FEE CONTRACTS
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Quincy Engineering, Inc.

Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal
LPP 15-01 January 14, 2015
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1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the cotnract
3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service
6 48 Code of Federal Regulations Part 9904 - Cost of Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name: Jason Jurrens, P.E. Title *: Regional Manager
Signature: Date of Certification (mm/dd/yyy): 07/01/2022 Email: [email protected] 916.368.9181
Address: 11017 Cobblerock Drive Suite 100 Rancho Cordova, CA 95670 List services the consultant is providing under the proposed contract:

Public Outreach supporting Bridge Replacement
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract
EXHIBIT 10-H1 COST PROPOSAL PAGE 3 OF 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the followign requirements:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Phone Number:
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Cost Proposal
TASKS
Principal Engineer
Principal Engineer
Project Manager I
Senior Engineer
Senior Engineer
Associate Engineer
Engineering Designer I
Engineering Designer IX 0
Quincy Total Hours
Quincy Total Labor Dollars
Quincy Labor
Quincy Profit
Quincy NLF Budget
Subconsultant Subtotal
RBL JPJ MOJ SAM MMV AKM TLT DCP blank Direct Labor
Labor+OH
Multiplier Fee Multiplier
Actual Labor
Multiplier
No. Initial Hourly Rate $113.00 $100.00 $96.54 $82.95 $75.73 $69.92 $41.59 $64.25 $0.00

2.6979 10% 2.9677
0 $0 $0 $0.00 $0 $0
5 PUBLIC OUTREACH 0 $0 $0 $0.00 $0 $0

5.1 Public Meetings 120 24 32 32 40 80 40 368 $28,088 $75,780 $7,577.97 $83,358 $0 0 $0 $0 $0.00 $0 $00 $0 $0 $0.00 $0 $00 $0 $0 $0.00 $0 $0 $0 $0
Subtotal- Hours 0 120 24 32 32 40 80 40 0 368 $28,088.40 $75,779.69 $7,577.97 $83,357.66 0 Estimated Salary Increases for Multi-Year Project $0.00 $0.00 $0.00 $0.00Other Direct Costs $42.34 0Total Cost $0 $12,000 $2,317 $2,654 $2,423 $2,797 $3,327 $2,570 $0 $28,088 $28,088 $75,780 $7,578 $83,400 $0 $0 $0 Bridge Replacement
Project Name: San Pablo Avenue Bridge Replacement Project 2022_07_07 Pinole SPA Amendment 2 Cost.xlsx Project 1 Hrs 7/7/2022 47 of 308

CITY COUNCIL
REPORT
9D
DATE: JULY 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: MISHA KAUR, CAPITAL IMPROVEMENT AND ENVIRONMENTAL

PROGRAM MANAGER
SUBJECT: APPROVE AN AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP,
INC. FOR PRELIMINARY ENGINEERING SERVICES AND DESIGN

SERVICES FOR THE SENIOR CENTER AUXILIARY PARKING LOT
(CIP PROJECT # FA1901) BY $35,000

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) approving an amendment to the Consulting Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. dated February 10, 2021 to increase the total amount paid for preliminary engineering and design services for the Senior Center Auxiliary Parking Lot (CIP Project # FA1901) by $35,000 to a total amount not to exceed $485,458.

BACKGROUND
The development of 2548 Charles Street (Fowler house lot), into a parking lot to serve the Senior Center is an approved project in the City’s adopted Capital Improvement Plan and known as the Senior Center auxiliary parking lot (CIP Project # FA1901, the “Project”). The parking lot will be designed to be a multi-benefit project that includes pavement structural selection, striping, lighting, bicycle parking, electric vehicle charging stations, stormwater capture and retention, and drought tolerant landscaping. The Project aims to maximize the number of parking spaces while allowing access for both vehicle and pedestrians and includes aesthetic design components.

On December 10, 2021, staff released a Request for Proposals (RFP) for preliminary engineering and design services to advance six (6) projects including the Senior Center Auxiliary Parking Lot to the construction phase. Through the selection process, CSW/Stuber-Stroeh Engineering Group, Inc. (Consultant) was identified as best qualified and on February 2, 2021, City Council adopted Resolution 2021-07 to accept the Consultant’s proposal and award a contract for preliminary engineering and design services for six (6) projects in an amount not to exceed $450,458 of which $191,655 was identified for the Senior Center auxiliary parking lot project. 48 of 308
City Council Report
July 19, 2022 2
On February 15, 2022, City Council received information and provided direction on the implementation of various projects in the adopted CIP, including the Senior Center Auxiliary parking lot project. Staff presented two conceptual plans to maximize the parking by combining the existing Senior Center Parking lot with the 2548 Charles Avenue parcel.

City Council directed staff to proceed with the full buildout scenario which would result in a net increase of 20 parking stalls, installation of electric vehicle charging stations, and construction of a row of support columns, pier foundations, and conduit to support the installation of solar panels in the future.

On May 17, 2022, City Council reviewed the Preliminary Proposed CIP for FY 2022/23 through FY 2026/27 and directed staff to provide information on installation of a solar carport at the Senior Center. On June 7, 2022, City Council reviewed the Revised Proposed CIP for FY 2022/23 through FY 2026/27 and received information on the installation of a solar carport at the Senior Center. City Council accepted staff’s recommendation to amend the Senior Center auxiliary parking lot construction budget for FY 2023/24 to include $500,000 for the installation of a solar carport and complete design in FY 2022/23. Based on an analysis of pre-pandemic energy consumption data, it was estimated that a double-cantilever carport installed in conjunction with backup battery storage will provide adequate power to meet the Senior Center’s current standard energy demand.

REVIEW & ANALYSIS
The Consultant’s original scope of work did not include the design of a major solar relay.

The Consultant has identified a budget of $35,000 to be billed on a time and materials basis to expand the scope of work for the Senior Center auxiliary parking lot. The expanded scope will include confirmation of sizing of the solar array and backup battery system, soils assessment, foundation and electrical design. Additional details are provided in Attachment B.

Staff recommends approval of an amendment to the Agreement to increase the total amount paid for services rendered by the Consultant by $35,000 to a total amount of not to exceed $485,458. The amendment would increase the total preliminary engineering and design cost for the Senior Center auxiliary parking lot project to $226,655.

FISCAL IMPACT
Staff does not expect there to be any new fiscal impact to the Senior Center auxiliary parking lot project budget as the proposed amendment for $35,000 has already been incorporated into the FY 2022/23 Capital Budget.

ATTACHMENT(S)
A. Resolution
B. Additional Scope of Work and Cost
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RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, APPROVING AN

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH
CSW/STUBER-STROEH ENGINEERING GROUP, INC. TO INCREASE THE

AMOUNT PAID FOR PRELIMINARY ENGINEERING AND DESIGN SERVICES FOR THE SENIOR CENTER AUXILIARY PARKING LOT (CIP PROJECT # FA1901) BY $35,000 TO A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $485,458.

WHEREAS, the City of Pinole (“City”) adopted a Capital Improvement Plan (CIP) which includes the Senior Center auxiliary parking lot (CIP Project # FA1901), as a funded project; and
WHEREAS, on February 2, 2021, City Council adopted Resolution 2021-07 to award a contract to CSW/Stuber-Stroeh Engineering Group, Inc. (“Consultant”) for preliminary engineering and design services for six (6 projects), including the Senior Center auxiliary parking lot (CIP Project # FA1901, the “Project”) in an amount not to exceed $450,458; and
WHEREAS, the total budget identified for the Project in the Consultant’s original proposal was $191,655; and
WHERAS, on several occasions City Council received information and discussed installation of solar at the Senior Center; and
WHEREAS, on June 7, 2022, City Council accepted staff’s recommendation to amend the Project’s construction budget for FY 2023/24 to include $500,000 for the installation of a solar carport as part of the Project; WHEREAS, the Consultant’s original scope of work did not include the design of a major solar relay; and
WHEREAS, the Consultant identified a budget of $35,000 to be billed on a time and materials basis to incorporate design of a solar carport into the Project; and WHEREAS, the budget increase of $35,000 would increase the total preliminary engineering and design cost for the Project to $226,655.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pinole does hereby approves an amendment to the Consulting Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. to increase the amount paid for preliminary engineering and design services for the Senior Center Auxiliary Parking Lot (CIP Project # FA1901) by $35,000 to a total agreement amount not to exceed $485,458 and authorizes the City Manager to execute an amendment to the Agreement, in a form approved by the City Attorney.

ATTACHMENT A
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PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 19th of July by the following vote, to-wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 19th day of July 2022.
____________________________
Heather Bell, CMC
City Clerk
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120 Park Place, Richmond, CA 94801
Project Number: 20192031-20
June 13, 2022
Misha Kaur
Capital Improvement and Environmental Program Manager
Public Works
Administration & Engineering
2131 Pear Street
Pinole, CA 94564
Subject: Additional Services Request - Solar Array at Pinole Senior Center Dear Ms. Kaur:

Thank you for the opportunity to support the City of Pinole in developing the Senior Center Auxiliary Parking Lot project. Per our recent discussion, we understand the City seeks to proceed with the solar canopy to supplement the Center’s energy needs. The Senior Center currently has a 600 ampere at 480 volt primary service from PG&E.

Based upon our review of PG&E’s invoices pre COVID-19, the Center consumed on average about 476 kWh each day. Thus, a 120 kW solar array is required. The final sizing of the array requires further evaluation.

In our original proposal, we did not incorporate the design of a major solar relay. Thus, we respectively request consideration for an additional contract allowance. For this allowance, we will complete the following tasks.

1. Design Refinement. Based upon the electrical usage, we will finalize the size and type of solar canopy proposed for the parking area. This will include confirming the array’s layout to maximize sunlight while minimizing impact to lot layout, lighting, and trees. We will coordinate with several solar canopy vendors to establish performance parameters to be included in the bid package. Our team will incorporate the final design into the plans and specifications as well as coordinate the subconsultant team.

2. Soils Assessment. We will retain a subconsultant to acquire a soil sample to a depth of about 5 feet to establish the soil’s engineering proprieties as well as bearing capacity. This information will support the foundation design of the solar canopy. Our subconsultant will secure and pay for exploration permits from the County. We will provide a memorandum of the results.

3. Foundation Design. Based upon the size of the solar array and soils conditions, we will retain a subconsultant to prepare the design of a foundation system for canopy. This will likely be a spread footing.

The analysis will factor in both wind and seismic loads. We will provide a detail in the plans as well as summary of the calculations.

4. Electrical Design. We will retain a sub consultant to prepare drawings to modify the existing panel for the solar array including providing an option for an external power connection such as a generator as well as a battery backup system. This will include a single line diagram of the modifications in the plans.

ATTACHMENT B
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2 The total cost to complete the scope of services is about $35,000 to be invoiced on a time and materials not to exceed basis. A summary of the costs per phase includes the following:

Tasks Description Hours Cost
1 Design Refinement 70 $ 10,000
2 Soils Assessment Subconsultant $ 12,000
3 Foundation Design Subconsultant $ 7,000
4 Electrical Design Subconsultant $ 6,000
We appreciate the opportunity to serve the City and your consideration of our request.

Sincerely,
Robert Stevens, PE, TE
Principal
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120 Park Place, Richmond, CA 94801
54 of 308

CITY COUNCIL
REPORT
9E

DATE: JULY 19, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: ROXANE STONE, DEPUTY CITY CLERK AND HEATHER BELL,

CITY CLERK
SUBJECT: PLACEMENT OF LIENS FOR DELINQUENT UNPAID WASTE

COLLECTION CHARGES FALLING DELINQUENT BETWEEN
JANUARY AND APRIL 2022, CONSIDERED AT AN
ADMINISTRATIVE HEARING ON JUNE 2, 2022

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the placement of liens for the purpose of collecting outstanding payments for garbage collection services pursuant to PMC Section 8.08.110 (b) and (c).

BACKGROUND
Pursuant to Section 8.08 of the Pinole Municipal Code, an administrative hearing was held on June 2, 2022, regarding unpaid garbage collection services that fell delinquent between January and April 2022. No parties attended the hearing to protest the charges. The administrative hearing was the final step in the process to collect the delinquencies, prior to Council approval to place the liens on the subject properties to recover the full amount owed, including delinquent charges and administrative fees.

FISCAL IMPACT
The City of Pinole receives an administrative recovery charge for each lien at the time of tax settlement or payment of the lien. There are 122 properties on which liens are being imposed, representing a total of $62,554.58 in delinquent service charges. The total administrative recovery fee is $60 per lien; a portion of which is remitted to Contra Costa County. The administrative recovery fees are $7320.00; the total lien amount including recovery fees are $69,874.58.

Following approval by Council, a revised list will be provided to the City Clerk for recording, removing properties where accounts have been brought current since the publication of this report.

ATTACHMENT
A: Resolution
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ATTACHMENT A
RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF PINOLE, CALIFORNIA, PLACING LIENS

ON PROPERTIES SITUATED IN THE CITY OF PINOLE, COUNTY OF CONTRA

COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS

UNPAID WASTE COLLECTION CHARGES FROM AN ADMINISTRATIVE HEARING CONDUCTED JUNE 2, 2022
WHEREAS, pursuant to the Municipal Code of the City of Pinole, Chapter 8.08, Section 8.08.090, subscription to garbage collection service is required for all premises in the City of Pinole, and the premises described in Exhibit "A" located in the City of Pinole, County of Contra Costa, State of California, were provided with garbage collection services as required by PMC, Chapter 8.08; and
WHEREAS, pursuant to the provisions of Section 8.08.110, the owners of said premises were notified in writing of their requirement to subscribe to and make payment for garbage collection services as provided in said Code Section; and WHEREAS, the owners of the premises failed to make payment for garbage collection services as required (collection charges fell delinquent between January and April 2022); and
WHEREAS, pursuant to the provisions of Section 8.08.110, a hearing was held on June 2, 2022; and
WHEREAS, as a result thereof, the City of Pinole has incurred expenses for delinquent collection charges and administrative costs as enumerated in Exhibit "A"*, which amounts remain unpaid.

NOW THEREFORE BE IT RESOLVED that pursuant to Section 8.08.110 of the Municipal Code of the City of Pinole, the City Council of the City of Pinole does hereby place a lien against said premises for the amounts as described above and as applicable to each specific premise identified as Exhibit "A" attached hereto and, by this reference, incorporated herein; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution with the Office of the Recorder of Contra Costa County, California.

PASSED AND ADOPTED this 19th 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 this 19th day of July 2022.
_________________________________
Heather Bell, CMC
City Clerk
* Exhibit A is not included as an attachment to this resolution that is posted on the City website or disseminated as part of the City Council Agenda Packet. The names of the individuals are confidential until the liens are recorded and become public record. 56 of 308

CITY COUNCIL
REPORT 9F
DATE: JULY 19, 2022
TO: MAYOR AND COUNCILMEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF PINOLE AND PINOLE
POLICE EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 – JUNE 30, 2023

RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving a Memorandum of Understanding (“MOU”) between the City and Pinole Police Employees’ Association (“PPEA”) for the period of July 1, 2022 – June 30, 2023.

BACKGROUND
The current MOU between the City and PPEA expired on June 30, 2022. In accordance with the provisions of the Meyers-Milias-Brown Act, the City and the representatives of PPEA must meet and confer in good faith in an effort to reach agreement on terms for a successor MOU.

Prior to the commencement of this round of negotiations, the City undertook a thorough review of the current MOU. The City’s labor relations consultant, IEDA, reviewed the MOU for potential clean up and clarifying matters, as had frontline Human Resources and Finance staff.

During the negotiations process, the PPEA presented two (2) agreement package options which included a number of economic and non-economic proposals and the City provided counter proposals.

REVIEW AND ANALYSIS
The City’s negotiating team first met with PPEA on April 28, 2022, to commence negotiations for a successor MOU. Throughout the negotiations process, the City and PPEA exchanged proposals.

The City and PPEA met four (4) times, with the exchange of counter proposals occurring throughout. After meeting and conferring, including the exchanging of counter proposals, the City and PPEA reached a Total Tentative Agreement (“TTA”) on June 9, 2022. PPEA members met and notified the City that the membership ratified the TTA on June 28, 2022.
57 of 308
City Council Report
Meeting Date: July 19, 2022 2
The successor agreement (Exhibit A to the attached resolution) is for a one (1) year period. Outlined below are the significant economic changes to the existing MOU for the period of July 1, 2022 – June 30, 2023. A summary of all the changes to the MOU are reflected in the TTA on Attachment B.

Cost of Living Adjustment
• A Cost-of-Living Adjustment (“COLA”) of three percent (3%) effective the first full pay period following June 30, 2022.

Equity Adjustment
Based on the City’s desire to attract and retain quality employees, the City and PPEA agreed to an equity adjustment to the employees’ base hourly rate in order to increase employees’ salary commensurate to comparator agencies.
• An equity adjustment of three percent (3%) effective the first full pay period following June 30, 2022.

Medical
• Effective July 18, 2022, the City’s contribution toward the employee’s health premium will reflect the 2021 CalPERS Public Agency Kaiser rate at each level of coverage.
• Effective January 1, 2023, the City’s contribution toward the employee’s health premium will reflect the 2022 CalPERS Public Agency Kaiser rate at each level of coverage.

Educational Degree Pay
PPEA proposed modifying education degree pay from a flat dollar rate to a percentage of base pay in the MOU, which would allow eligible employee(s) to receive a monthly educational degree pay differential of two-point five percent (2.5%) of the employee’s base wage rate for an associate degree/Intermediate Peace Officer Standards and Training (“POST”) Certificate or five percent (5%) of the employee’s base wage rate for a bachelor’s degree/Advanced POST Certificate. To be eligible for the pay, an employee must hold a degree or certificate beyond their job classification minimum requirements.

Retirement
Over the years, the City’s total annual contribution to CalPERS, on behalf of current and retired employees, has increased due to a number of factors. Because the current employees cost sharing agreement is tied to the City’s total annual contribution percentage, which addresses City costs for current employees and retirees, employees’ share of the City’s cost has increased on an annual basis. In FY 2021/22, for classic safety members, the employee’s cost sharing percentage is twenty-two-point one percent (22.1%) of their base hourly rate, and for classic miscellaneous members, the 58 of 308
City Council Report
Meeting Date: July 19, 2022 3
employee’s cost sharing percentage is nineteen-point nine percent (19.9%) which is higher than other agencies in the County. (CalPERS considers 9% to be the expected employee contribution for classic safety members and 8% for classic miscellaneous members.)
The change to the retirement section of the MOU eliminates the cost sharing formula and establishes a fixed percentage which employees will contribute toward the City’s Total Contribution Amount.
• Effective the pay period which includes July 1, 2022, Classic Safety employees cost share retirement contribution shall be reduced to fifteen percent (15%) total contribution (9% employee rate + 6% share of the employer rate). • Effective the pay period which includes July 1, 2022, Classic Miscellaneous employees cost share retirement contribution shall be reduced to fifteen percent (15%) total contribution (8% employee rate + 7% share of the employer rate).

In addition to the economic proposal listed above, the City agreed to include language in the MOU pertaining to three other provisions. The three meet and confer items relate to call back provisions, holidays, and probationary period for sworn personnel and are listed as follows:
• Employees called back to work for meetings and/or training shall receive three (3) hours minimum call back pay;
• Add the Juneteenth holiday; and
• Promotional probationary period for Police Sergeants shall be twelve (12) months.

All economic and non-economic revisions, agreed to by the City and PPEA, are listed in the attached redline version of the MOU between the City and PPEA.

The City continues to appreciate the willingness of our employees to settle negotiations in a cooperative spirit and we are pleased to be able to provide an increase in our employees’ base salaries and total compensation. This agreement represents an amenable compromise between the City and our employees and will increase retention and recruitment of experienced employees.

FISCAL IMPACT
The total cost of the provisions for this bargaining unit under a one-year agreement is estimated at $492,714. However, the adopted FY 2022/23 Operating and Capital Budget already included a 3% COLA and reduced cost sharing formula for PPEA, so the net additional total cost is estimated at $287,132.

The total costs are spread over various City funds, depending on each employee’s staffing allocation.
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City Council Report
Meeting Date: July 19, 2022 4

ATTACHMENTS
Attachment A Resolution
Exhibit A - Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association for the period of July 1, 2022 – June 30, 2023
Attachment B Total Tentative Agreement – signed June 9, 2022 and ratified June 28, 2022; Redlined Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association
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RESOLUTION 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE

APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PINOLE AND PINOLE POLICE EMPLOYEES’ ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 – JUNE 30, 2023 WHEREAS, the Memorandum of Understanding between the City of Pinole and Pinole Police Employees’ Association (“PPEA”) expired on June 30, 2022; and WHEREAS, in accordance with Government Code Section 3505, the City’s Negotiating Team met and conferred in good faith with representatives of PPEA to negotiate a successor agreement; and
WHEREAS, representatives of the City and PPEA reached a Total Tentative Agreement for a successor Memorandum of Understanding on June 9, 2022, and WHEREAS, the City agreed to retroactivity of the economic changes to the Memorandum of Understanding effective the first full pay period following June 30, 2022; and
WHEREAS, the Total Tentative Agreement for a successor Memorandum of Understanding for the period of July 1, 2022 – June 30, 2023, was ratified by the membership of PPEA on June 28, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pinole that it does hereby approve the Memorandum of Understanding between the City of Pinole and PPEA for the period of July 1, 2022 – June 30, 2023, as provided in Exhibit A, herein incorporated by reference.

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

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

I hereby certify that the foregoing ordinance was regularly introduced, passed, and adopted on this 19th day of July, 2022.
______________________________________
Heather Bell, CMC
City Clerk

ATTACHMENT A
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POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and the
Pinole Police Employees Association
July 1, 2022 to June 30, 2023

EXHIBIT A
62 of 308
i

PINOLE POLICE EMPLOYEES ASSOCIATION

MEMORANDUM OF UNDERSTANDING
Table of Contents

RESOLUTION
ARTICLE 1. RECITALS................................................................................................. 1 ARTICLE 2. MANAGEMENT RIGHTS .......................................................................... 1 ARTICLE 3. ASSOCIATION ACTIVITIES ..................................................................... 2

3.01 Association Representatives Defined ..............................................................2

3.02 Time Off for “Meet and Confer” .......................................................................2

3.03 Notice to Supervisors......................................................................................3

3.04 Release Time for General Membership Meetings ............................................3

3.05 Emergency General Membership Meetings.....................................................3

3.06 Association Activities ......................................................................................4

3.07 Elected Board Time Off...................................................................................4 ARTICLE 4. SALARIES................................................................................................. 5

4.01 Salary Adjustments.........................................................................................5

4.02 Longevity Pay .................................................................................................5 ARTICLE 5. SPECIALTY INCENTIVE PAYS................................................................ 6

5.01 Detective ........................................................................................................6

5.02 Canine Duty....................................................................................................6

5.03 Motorcycle Traffic Patrol .................................................................................6

5.04 Administrative Sergeant..................................................................................7

5.05 School Resource Officer .................................................................................7

5.06 Crime Prevention............................................................................................7

5.07 Corporal..........................................................................................................7 ARTICLE 6. MEDICAL INSURANCE ............................................................................ 7

6.01 Medical Insurance Program ............................................................................7

6.02 Retiree Medical Benefits .................................................................................8

6.03 Medical In-Lieu ............................................................................................. 10 ARTICLE 7. DENTAL .................................................................................................. 10

7.01 Dental Plan................................................................................................... 10

7.02 Orthodontic Plan........................................................................................... 11 ARTICLE 8. OTHER INSURANCE.............................................................................. 11

8.01 Life Insurance............................................................................................... 11 63 of 308
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8.02 Vision Care................................................................................................... 11

8.03 Long Term Disability ..................................................................................... 11 ARTICLE 9. RETIREMENT SYSTEM.......................................................................... 11 ARTICLE 10. OVERTIME............................................................................................ 14

10.01 Definition of Overtime ................................................................................... 14

10.02 Overtime Rate .............................................................................................. 14

10.03 Compensatory Time Off................................................................................ 14

10.04 Accrued Compensatory Time........................................................................ 14 ARTICLE 11. SHIFT DIFFERENTIAL PAY ................................................................. 15

11.01 Eligibility and Amount of Shift Differential Pay ............................................... 15 ARTICLE 12. CALL BACK PAY.................................................................................. 15

12.01 Definition of Call Back Pay for Sworn ............................................................ 15

12.02 Definition of Call Back Pay for Non-Sworn..................................................... 15

12.03 Call Back Pay During Meetings and/or Training............................................. 16 ARTICLE 13. OFF DUTY COURT PAY....................................................................... 16

13.01 Definition of Off Duty Court Pay .................................................................... 16

13.02 Requirement for “Call In” to Police Hot Line................................................... 16 ARTICLE 14. SICK LEAVE ......................................................................................... 17

14.01 Definition of Sick Leave................................................................................. 17

14.02 Sick Leave Accrual Rate............................................................................... 17

14.03 Extenuating Circumstances for Use of Sick Leave......................................... 17

14.04 Becoming Sick While On Duty....................................................................... 17

14.05 Sick Leave Incentive..................................................................................... 17

14.06 Other Provisions ........................................................................................... 17

EXCEPT AS PROVIDED ABOVE, THE POLICY, ELIGIBILITY, ACCRUAL, USE AND

OTHER PROVISIONS REGARDING SICK LEAVE SHALL BE AS PROVIDED IN THE CITY’S PERSONNEL RULES ...................................................................................... 17 ARTICLE 15. VACATION............................................................................................ 18

15.01 Vacation Accrual Rate................................................................................... 18

15.02 Vacation Buy Back........................................................................................ 18 ARTICLE 16. HOLIDAYS ............................................................................................ 18

16.01 Holiday Pay -Sworn ...................................................................................... 18

16.02 Floating Holiday-Sworn................................................................................. 19

16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn............................... 19

16.04 Holiday Accrual Rate Non-Sworn Employees................................................ 19

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees ..... 19

16.06 Pay for Actual Holidays Worked-Dispatchers................................................. 20

16.07 Holiday Pay Waiver In-Lieu of Work Furlough – Dispatchers ......................... 20 ARTICLE 17. CLOTHING ALLOWANCE.................................................................... 20 64 of 308
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17.01 Amount of Clothing Allowance-Sworn............................................................ 20

17.02 Amount of Clothing Allowance Non-Sworn Employees .................................. 20

17.03 One Time Uniform Start Up for New Officers and Dispatchers....................... 20

17.05 Withholding Payment of Uniform Allowance .................................................. 20

17.06 Other Provisions ........................................................................................... 21 ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE ......................................... 21

18.01 Types of Safety Equipment Required-Sworn ................................................. 21

18.02 Safety and Repair of Safety Equipment......................................................... 21

18.03 Amount of Safety Equipment Allowance........................................................ 21

18.04 Payment of Safety Equipment Allowance ...................................................... 21

18.05 Body Armor................................................................................................... 22

18.06 Issuance of City Owned Safety Equipment.................................................... 22

18.07 Other Provisions ........................................................................................... 22 ARTICLE 19. OUT OF CLASS PAY............................................................................ 22

19.01 Out of Class Pay........................................................................................... 22 ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER ...................... 22

20.01 Designation of a Sworn Officer as a Field Training Officer ............................. 22

20.02 Payment for Designation as a Field Training Officer...................................... 22

20.03 Designation of a Dispatcher as a Trainer....................................................... 23

20.04 Payment for Being Designated as a Dispatcher Trainer................................. 23 ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND ACTING AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS ..................... 23

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims................................................................. 23

21.02 Incident Defined............................................................................................ 23 ARTICLE 22. MEAL ALLOWANCE ............................................................................ 23

22.01 Amount of Meal Allowance............................................................................ 23 ARTICLE 23. EDUCATION INCENTIVE PROGRAMS ............................................... 24

23.01 Amount of Educational Degree Pay............................................................... 24

23.02 Maximum Amount Provided .......................................................................... 24

23.03 Education Incentive Pay................................................................................ 24 ARTICLE 24. TRAINING ............................................................................................. 24

24.01 Reimbursement of Training Costs ................................................................. 24

24.02 Training Day Hours-Out of Town................................................................... 25 ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN THE POLICE DEPARMENT ................................................................................................. 25

25.01 Background Procedures................................................................................ 25 ARTICLE 26. PROBATIONARY PERIOD ................................................................... 25

26.01 Probationary Period-Sworn Officer................................................................ 25

26.02 Probationary Period Non-Sworn.................................................................... 25 65 of 308
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ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT AND LIEUTENANT .... 25

27.01 Retreat to Lower Class.................................................................................. 25 ARTICLE 28. BEREAVEMENT LEAVE ...................................................................... 26

28.01 Bereavement Leave...................................................................................... 26 ARTICLE 29. GRIEVANCE PROCEDURE.................................................................. 26

29.01 Grievance Defined ........................................................................................ 26

29.02 Reflection for Use of Procedure .................................................................... 26

29.03 Grievance Procedure Defined ....................................................................... 27

29.04 Grievance Process........................................................................................ 27

29.05 Grievance Procedure.................................................................................... 28

29.06 Employee Appeals Board.............................................................................. 28

29.07 Employee Appeals Board Recommendation to City Manager ........................ 29 ARTICLE 30. SCOPE AND SEVERABILITY .............................................................. 29 ARTICLE 31. TERM OF THE MOU ............................................................................. 30

ATTACHMENT A SALARY SCHEDULE
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MOU between the City of Pinole and PPEA 1 July 2022– June 2023 ARTICLE 1. RECITALS
The City of Pinole (“City”) and the Pinole Police Employees Association (“Association”) have met and conferred in good faith in accordance with Section 3500, et seq., of the California Government Code and, through their authorized representatives, accept and agree to the terms and conditions of employment set forth in this Memorandum of Understanding (“MOU”) for the following classifications of employees:
• Sergeant
• Police Officer
• Dispatcher
• Lead Dispatcher
• Community Safety Specialist
ARTICLE 2. MANAGEMENT RIGHTS
Unless specifically in conflict with this MOU, all management rights shall remain vested exclusively with the City. City management rights include, but are not limited to, all rights set forth in the City’s Employer Employee Labor Relations Resolution, and each of the following:

1. The right to determine the mission of the City, including without limitation the City's agencies, departments, divisions, institutions, boards and commissions;

2. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, locations and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;

3. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;

4. The right to review and inspect, without notice, all City-owned facilities, including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems except to the extent notice and/or other procedural requirements are required under the Peace Officers Bill of Rights, Government Code Section 3309, for lockers or other assigned storage space;

5. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work;
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MOU between the City of Pinole and PPEA 2 July 2022– June 2023

6. The rights to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

7. The right to maintain and modify the City's classification plan;

8. The right to establish and enforce employee performance standards;

9. The right to schedule and assign work, make reassignments and assign overtime work;

10. The right to hire, fire, promote, discipline, reassign, transfer, release, discipline, layoff, terminate, demote, suspend or reduce in step or grade, all employees;

11. The right to establish and modify bargaining units, and to assign new or amended classifications to particular bargaining units subject to the restrictions set forth in the Meyers Milias Brown Act, Government Code Section 3508;

12. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require employees to appear, respond truthfully and cooperate in good faith regarding any City investigation; and

13. The right to maintain orderly, effective and efficient operations.

ARTICLE 3. ASSOCIATION ACTIVITIES

3.01 Association Representatives Defined
The Association may designate at least one (1) employee and not more than three (3) employees as its association representative(s) for assisting other Association members in the resolution of disputes concerning wages, hours and working conditions.

3.02 Time Off for “Meet and Confer”
The City shall afford said association representative(s) reasonable time off during working hours without loss of compensation or other benefits when formally meeting and conferring with City representatives. This is provided, however, that said time is scheduled so as not to interfere unduly with the workload and job requirements as determined by the Chief of Police, and provided that such time afforded under this provision shall be devoted only to matters within the scope of representation.
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MOU between the City of Pinole and PPEA 3 July 2022– June 2023

3.03 Notice to Supervisors
Association stewards engaged in such activities shall first advise their supervisors and get approval before leaving their assigned work areas on such business.

3.04 Release Time for General Membership Meetings
The City will allow the Association time to hold its General Membership meetings at least six times in a calendar year. Association elected officers may attend all meetings. However, a minimum of one (1) on duty Dispatcher will be required to remain in Dispatch and a minimum of two (2) sworn officers will be required to remain in the field during such meetings. For each on duty employee attending such meetings, a maximum of two (2) hours of City time shall be allowed.

On duty personnel attending such meetings shall be on an on-call status and shall respond to calls for service. At no time shall coverage be compromised. No overtime or compensatory time will be paid for the meeting.

Prior to scheduling and holding a general membership meeting, the Association shall make notification in writing to the Police Chief or his/her designee within seven (7) calendar days of such meeting to be held.

3.05 Emergency General Membership Meetings
The City and the Association recognize that emergency general membership meetings may be needed on occasion. In the event of an emergency meeting, the Association will give the Police Chief or his/her designee at least two (2) days notice in writing and the emergency meeting will not be counted toward the six (6) meeting maximum for the calendar year.

An emergency meeting is defined as a “serious situation or occurrence that happens unexpectedly and demands immediate action by the Association. This would include, but not be limited to meetings needed for general membership approval of expenditures when such expenditures are unforeseen, meetings needed for a ratification vote such as for a Memorandum of Understanding, or other general membership votes needed for an unforeseen event that requires immediate attention.

All other rules as outlined in Article 3 shall be in effect during emergency meetings.

The Association will only hold a minimum number of emergency meetings. 69 of 308
MOU between the City of Pinole and PPEA 4 July 2022– June 2023

3.06 Association Activities
All notices, messages, announcements and other documents relating to activities of the Association shall be posted only on the bulletin board designated for such purpose and shall not be posted on other bulletin boards, walls, blackboards, etc., within the Police Department offices.

Nothing in this Section shall limit the rights of the Association as provided in Section 3500, et. Seq., of the California Government Code.

3.07 Elected Board Time Off
The City will maintain a Release Time Bank for use by Association Board members to conduct and/or attend essential Union activities, including but not limited to conventions, professional association meetings, training classes and symposia, and excluding political activity. The Association President or his/her designee shall have sole discretion as to the use of the time bank.

Prior to July 1 each year the Association will provide the Finance Director with a list of time donated by Association members to be credited to the PPEA Release Time Bank, to a maximum of eighty (80) hours per fiscal year. The list shall be accompanied by voluntary donation forms completed by the donating members, indicating the amount of time to be donated, and from which leave bank. Time banks available for donations by Association members are limited to accrued vacation and compensatory time banks. Any hours remaining in the PPEA Release Time Bank at the end of the fiscal year will remain in the bank. Only July 1 st of each year the PPEA will be allowed to add additional donated time to bring the bank up to eighty (80) hours; any time left in the bank at the end of the fiscal year would not be lost, but would carry over to the next fiscal year.

Requests to use accrued time from the PPEA Release Time Bank shall be made to the affected Division Commander as soon as possible, but no later than twentyfour (24) hours in advance of the proposed use. The Division Commander will deny any requests that cause overtime to be generated. The PPEA may appeal the decision of a Division Commander to the Chief of Police who may authorize the utilization of overtime on a non-precedent setting case-by-case basis. The Chief shall have the final determination on authorizing any absences, based on operational needs.
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MOU between the City of Pinole and PPEA 5 July 2022– June 2023 ARTICLE 4. SALARIES

4.01 Salary Adjustments
General Wage Increases
FY22-23
Effective the first full pay period after June 30, 2022 and following ratification by the Association and adoption by the City Council, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2022.

Market Equity Adjustments
FY22-23
Effective the first full pay period after June 30, 2022 and following ratification by the Association and adoption by the City Council, and concurrent with the above general wage increase to the salary table, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30, 2022.

4.02 Longevity Pay
Employees will receive an additional 3% increase of their base hourly rate when they have reached 15 years of service.

Advancement within a salary range, following new hire appointment, is based on performance, requires the approval of the City Manager, and shall be effective at the beginning of a pay period. Employees are eligible for their first salary range advancement
• after completion of their FTO training and upon a determination of satisfactory service.
• Thereafter, an employee with satisfactory service may advance within the salary range upon successful completion of their 18-month probationary period; and after every twelve (12) months of satisfactory service performance until they reach the top of the salary range. 71 of 308
MOU between the City of Pinole and PPEA 6 July 2022– June 2023 The City Manager, with the recommendation of the Department Head, and based upon meritorious service under exceptional circumstances may provide an employee a salary range increase greater than one (1) salary step.

4.04 Promotional Probationary/Increment within Range (Sworn) A sworn employee who is promoted to a higher classification is eligible for advancement within the salary range after twelve (12) months from the promotion appointment and satisfactory service performance.

ARTICLE 5. SPECIALTY INCENTIVE PAYS

5.01 Detective
Officers and/or Sergeants assigned to the position of Detective shall receive an additional five percent (5%) of the employee’s base hourly rate. With the approval of the Chief, an employee so assigned may receive a City take home vehicle. Authorization for the take home vehicle may be rescinded at any time by the Chief.

Officers and/or Sergeants assigned to the position of Detective, and assigned to remain on “stand-by” during their off-duty hours, shall receive stand-by pay at the rate of:
• Weekday $40 per day
• Weekend $50 per day
• Holiday $60 per day
Designated employees assigned to stand-by are required to remain continuously available for the time period assigned.

5.02 Canine Duty
Based upon consultation with the canine handlers represented by the Association, the parties estimate that handlers spend up to four (4) hours per week caring for the animals in addition to their regularly scheduled shifts. Officers and/or Sergeants assigned a canine shall receive an additional five percent (5%) of the employee’s regular straight-time rate of pay as full compensation for canine duties.

This constitutes compensation for handling of the dog both on duty and off duty.

The parties agree that this provision meets Fair Labor Standards Act (FLSA) provisions. Canine Pay shall apply to all sworn Police Department employees assigned a canine owned by the City and used for Police Department business.

5.03 Motorcycle Traffic Patrol
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MOU between the City of Pinole and PPEA 7 July 2022– June 2023 Officers and/or Sergeants assigned to the position of Motorcycle Traffic Patrol shall receive an additional five percent (5%) of the employee’s regular straight-time rate of pay while performing the duties of traffic patrol and actually on the motorcycle.

If the officer is reassigned for more than 80 hours to some other assignments such as patrol and is taken off the motorcycle, then he/she will not be entitled to the Special Assignment Pay for that duration.

5.04 Administrative Sergeant
Sergeants assigned to the position of “Administrative Sergeant” shall receive an additional three percent (3%) of the employee’s regular straight-time rate of pay while performing the duties of Administrative Sergeant.

5.05 School Resource Officer
Officers assigned to the position of School Resource Officer shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

5.06 Crime Prevention
One Officer and one Sergeant assigned to Crime Prevention shall receive an additional three percent (3%) of the employee’s regular base hourly rate.

5.07 Corporal
An Officer assigned to serve as Corporal shall receive an additional five percent (5%) of the employee’s base hourly rate while performing the duties of Corporal.

ARTICLE 6. MEDICAL INSURANCE

Rates: 2021 Kaiser
One Party Coverage: $ 813.64
Two Party Coverage: $1,627.28
Family Coverage: $2,115.46
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MOU between the City of Pinole and PPEA 8 July 2022– June 2023 Effective July 18, 2022, the City contribution towards employee health care premiums will be up to the 2021 CalPERS Kaiser rates for one-party, two-party and family coverage. Effective January 1, 2023, the City contribution towards employee health care will be the 2022 CalPERS Kaiser rates for one-party, twoparty and family coverage.

For part-time regular employees working at least 20 hours per week, the City will make a pro-rated premium contribution based on the percentage of hours regularly scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

6.02 Retiree Medical Benefits
During the term of this MOU the City will contribute toward retiree health premiums as follows:
▪ Existing retirees retain their retiree health contribution rate. ▪ Employees hired before July 1, 2010 receive a City contribution toward their retiree health premium equal to that provided to current active employees.

Employees hired before July 1, 2010 shall be offered the option to opt into the vesting program as soon after the program implementation as allowed per CalPERS regulations.
▪ Employees hired on or after July 1, 2010 receive a City contribution toward their retiree health premium in an amount as described by Government Code Section 22893 (the PERS vesting schedule). Government Code Section 22893 currently reads as follows:
(a) Notwithstanding Section 22892, the percentage of employer contribution payable for postretirement health benefits for an employee of a contracting agency subject to this section shall, except as provided in subdivision (b), be based on the member's completed years of credited state service at retirement as shown in the following table:

Credited Percentage of
Years Employer
of Service Contribution
10 50
11 55
12 60
13 65
14 70
15 75
16 80
17 85
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MOU between the City of Pinole and PPEA 9 July 2022– June 2023 18 90
19 95
20 or more 100
This subdivision shall apply only to employees who retire for service and are first employed after this section becomes applicable to their employer, except as otherwise provided in paragraph (6). The application of this subdivision shall be subject to the following provisions:
(1) The employer contribution with respect to each annuitant shall be adjusted by the employer each year. Those adjustments shall be based upon the principle that the employer contribution for each annuitant may not be less than the amount equal to 100 percent of the weighted average of the health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied, for the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. For each annuitant with enrolled family members, the employer shall contribute an additional 90 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four health benefit plans that had the largest state enrollment, excluding family members, during the previous benefit year. Only the enrollment of, and premiums paid by, state employees and annuitants enrolled in basic health benefit plans shall be counted for purposes of calculating the employer contribution under this section. (2) The employer shall have, in the case of employees represented by a bargaining unit, reached an agreement with that bargaining unit to be subject to this section.
(3) The employer shall certify to the board, in the case of employees not represented by a bargaining unit, that there is not an applicable memorandum of understanding.
(4) The credited service of an employee for the purpose of determining the percentage of employer contributions applicable under this section shall mean state service as defined in Section 20069, except that at least five years of service shall have been performed entirely with that employer. (5) The employer shall provide the board any information requested that the board determines is necessary to implement this section. (6) The employer may, once each year without discrimination, allow all employees who were first employed before this section became applicable to the employer to individually elect to be subject to the provisions of this section, and the employer shall notify the board which employees have made that election. (b) Notwithstanding subdivision (a), the contribution payable by an employer subject to this section shall be equal to 100 percent of the amount established pursuant to paragraph (1) of subdivision (a) on behalf of any annuitant who either:
(1) Retired for disability.
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MOU between the City of Pinole and PPEA 10 July 2022– June 2023 (2) Retired for service with 20 or more years of service credit entirely with that employer, regardless of the number of days after separation from employment.

The contribution payable by an employer under this paragraph shall be paid only if it is greater than, and made in lieu of, a contribution payable to the annuitant by another employer under this part. The board shall establish application procedures and eligibility criteria to implement this paragraph. (c) This section does not apply to any contracting agency, its employees, or annuitants unless and until the agency files with the board a resolution of its governing body electing to be so subject.

The resolution shall be adopted by a majority vote of the governing body and shall be effective at the time provided in board regulations.

6.03 Medical In-Lieu
Eligible full-time employees shall be allowed to receive payment in lieu of medical insurance as follows:

One-party coverage = $225
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 redirected. Employees will be subject to the provisions of the City’s health plans in the event termination of redirected benefits and resumption of medical coverage is desired.

Part-time regular employees working at least 20 hours per week shall be entitled medical in-lieu payment for one-party, two-party or family to a pro-rated payment based on plan he/she was eligible for and selected on the percentage of hours regularly scheduled to work in relation to full-time.

ARTICLE 7. DENTAL

7.01 Dental Plan
During the term of this MOU the City agrees to provide dental coverage, with the City paying the premium for the employee plus two or more dependents for fulltime regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum City contribution rate.

Selection of the carrier is at the discretion of the City. The selected plan shall have an 80/20 co-payment and a $1,500 annual maximum benefit amount per person.

For part-time regular employees working at least 20 hours per week, the City will make a pro-rated premium contribution based on the percentage of hours regularly 76 of 308
MOU between the City of Pinole and PPEA 11 July 2022– June 2023 scheduled to work in relation to full-time. The pro-rated premium is based on the contribution maximum for regular full-time employees.

7.02 Orthodontic Plan
During the term of this MOU the City agrees to provide orthodontic coverage for the employee plus two or more dependents with the City paying up to the family premium for full-time regular employees. For employees selecting “employee only” coverage and those selecting “employee plus one dependent” coverage, the City’s contribution shall not exceed the lesser of the “employee only” or “employee plus one dependent” monthly rates respectively or the maximum contribution. Selection of the carrier is at the discretion of the City. The selected plan shall have a 50/50 co-payment and a $1,500 lifetime maximum benefit for each person.

ARTICLE 8. OTHER INSURANCE

8.01 Life Insurance
During the term of this MOU the City agrees to provide term life insurance and accidental death or dismemberment at $40,000 each. Selection of the carrier is at the discretion of the City. Additional coverage may be purchased at the employee’s expense.

8.02 Vision Care
During the term of this MOU the City agrees to pay for a vision care program covering the employee and his/her eligible dependents. Selection of the carrier shall be at the discretion of the City.

8.03 Long Term Disability
During the term of this MOU the City agrees to pay the premium for the PORAC long-term disability plan.

ARTICLE 9. RETIREMENT SYSTEM

9.01 – Public Safety Plan Defined
The City currently participates through a contract in the California Public Employees Retirement System (CalPERS). For sworn Public Safety Employees, the contract offers the following options:
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MOU between the City of Pinole and PPEA 12 July 2022– June 2023 • Tier I - Sworn employees hired prior to January 1, 2013 - 3% at 55 Retirement Plan with Single Highest Year Compensation Formula • Tier II - Sworn employees hired January 1, 2013 or later shall be subject to the requirement s of the Public Employees Pension Reform Act (PEPRA).
• 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
This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment.

In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase. • Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for which there is no compensation or remuneration at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.02 – CalPERS Employee Contribution Rate – Sworn Employees Tier 1 - Sworn employees shall pay the full nine percent (9%) of the required CalPERS Employee Contribution Rate.

Sworn employees in Tier II (PEPRA) shall pay the amount required by CalPERS.

9.03 – CalPERS Employer Contribution Rate Sharing Formula – Sworn Employees
Both the City and the Association acknowledge that the CalPERS Board of Directors sets the Employer’s portion of the CalPERS Contribution Rate annually and that this rate is flexible depending upon market conditions and actuarial calculations. The City and the Association agree that the Employer Contribution Rate portion be a shared cost as outlined below:
a) Effective the pay period which includes July 1, 2022, Classic Safety employees cost share retirement contribution shall be reduced to fifteen 78 of 308
MOU between the City of Pinole and PPEA 13 July 2022– June 2023 percent (15%) total contribution (9% employee rate + 6% share of the employer rate).

9.04 – Miscellaneous Plan Non-Sworn Defined
The City agrees to provide retirement benefits through a contract with the California Public Employees Retirement System (CalPERS) for miscellaneous employees as follows:
• Tier I – Employees hired prior to January 1, 2013 - 2.5% @ 55 plan with Single Highest Year Compensation Formula
• Tier II – Employees hired January 1, 2013 or later shall be subject to the requirements of the Public Employees Pension Reform Act (PEPRA).

For Miscellaneous Employees, 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
This benefit was conditioned on the unit employees paying any increased cost incurred by the City as a result of the CalPERS contract amendment.

In the event the City’s Employer Contribution Rate to CalPERS is increased as a result of the provision of this benefit, the Association agrees to pay any initial cost and ongoing cost of the increase. • Service Credit for Unused Sick Leave
Any unused accumulated sick leave at time of retirement, for which there is no compensation at all to the employee, would be converted to additional service credit in accordance with the CalPERS contract program.

9.05 – CalPERS Employee Contribution Rate – Non-Sworn Employees Non-sworn employees under the 2.5% @ 55 plan shall pay the full eight percent (8%) of the required CalPERS Employee Contribution Rate. Non-sworn hired January 1, 2013 or later shall be subject to the requirements of PEPRA.

ARTICLE 10. OVERTIME

10.01 Definition of Overtime
Overtime shall be paid to sworn personnel for hours worked in excess of 80 hours in the normal 14-day City pay period. Overtime shall be paid to non-sworn personnel for hours worked in excess of 40 hours in their designated workweek.

Current City practice/policy is to include hours in paid leave status (i.e. sick leave, vacation, compensatory time off) toward employees’ overtime thresholds.

However, an employee may not use paid leave and earn overtime in the same work day, except when called in to work after regular work hours on a day that they have been off their entire scheduled shift on vacation or compensatory time (not sick leave).

10.02 Overtime Rate
Compensation for overtime hours worked shall be paid at one and one-half times the employee’s regular straight-time rate of pay.

10.03 Compensatory Time Off
At the employee’s request, compensatory time off at the rate of one and one-half times the number of overtime hours worked may be accrued in lieu of time and one-half pay. Compensatory time off may be used at times convenient to the employee and the department provided that the employee provides reasonable advance notice of intent to use such time off.

10.04 Accrued Compensatory Time
At no time shall a represented employee’s accrued compensatory time off balance exceed one-hundred and twenty (120) hours. In the event an employee’s compensatory balance exceeds one-hundred and twenty (120) hours, the City will pay the employee for the compensatory hours in excess of one hundred and twenty (120) hours.

10.05 Compensatory Time Buyback
Employees may buyback all or a portion of their compensatory time leave balance.

Buybacks must be in full hour increments. Requests for buyback must be 80 of 308
MOU between the City of Pinole and PPEA 15 July 2022– June 2023 submitted on the Request for Compensatory Time Buyback form and signed by the supervisor.

10.06 Daylight Savings Time – Compensatory Time
Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings Time ends (the first Sunday in November) shall accrue one and one-half hour of compensatory time.

Sworn and non-sworn employees working the “night team” shift from 7 p.m. to 7 a.m. when Daylight Savings time begins (the second Sunday in March) shall use one hour of compensatory time from their accrual bank. If an employee does not have compensatory time available, they will be charged one hour of vacation time from their accrual bank.

ARTICLE 11. SHIFT DIFFERENTIAL PAY

11.01 Eligibility and Amount of Shift Differential Pay
The City agrees to pay a shift differential of 5% of base hourly rate as follows:
- Sergeants or Officers who work the “night team” shift during the hours of 7:00 p.m. – 7:00 a.m.
- Dispatchers assigned to the “night team” shift from 7:00 p.m. to 7:00 a.m.

Shift Differential shall only be paid for hours actually worked.

ARTICLE 12. CALL BACK PAY

12.01 Definition of Call Back Pay for Sworn
Personnel called out to perform unscheduled work, which results in an employee working in excess of 80 hours in the 14-day work period, shall be compensated at time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an Officer or Sergeant has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the Officer or Sergeant reports to the Police Station.

12.02 Definition of Call Back Pay for Non-Sworn
Personnel called out to perform unscheduled work which results in an employee working in excess of forty (40) hours in the applicable workweek shall be 81 of 308
MOU between the City of Pinole and PPEA 16 July 2022– June 2023 compensated at time and one half the employee’s base hourly rate commencing at the time the employee reports for work, or a minimum of four (4) hours, whichever is greater.

Call Back pay is defined as hours worked when an employee has already been relieved of duty, has left the station, and is then called back to duty. “Call Back” time begins when the employee reports to the Police Station.

12.03 Call Back Pay During Meetings and/or Training
Call back pay for sworn and non-sworn employees does apply to meetings, training sessions, or other work about which employees receive seven (7) calendar days advance notice. Call back pay does not apply to work performed as an extension of a scheduled shift, either prior to or after said shift, meetings requested by the affected employee, or employee participation in promotional processes.

Employees called-back to duty under this sub-section shall receive compensation for a minimum of three (3) hours or actual time worked, whichever is more.

ARTICLE 13. OFF DUTY COURT PAY

13.01 Definition of Off Duty Court Pay
Any represented employee appearing as a witness in court during off-duty hours and arising out of his or her employment by the City shall receive a minimum of four (4) hours of overtime pay unless the employee’s regular or overtime shift is scheduled to start within less than four hours of the scheduled court appearance, in which case the employee shall receive overtime in the lesser amount. Should the scheduled court appearance time be contiguous to the employee’s regular shift or overtime shift, overtime shall be paid only for the time required for the court appearance, beyond the employee’s scheduled shift.

For example, if an employee is subpoenaed to court at 1700 hours, and their scheduled shift begins at 1900 hours, the employee would receive two hours of Off-Duty Court Pay.

Off Duty Court time begins at the time the employee reports to the Police Department to gather evidence required for the court appearance, or to the court, whichever happens first.

13.02 Requirement for “Call In” to Police Hot Line
An Association member, who is required to attend court, must use the Police Department Hotline to determine if he/she is required to report to the court. For morning court assignments, an officer must call into the hotline by midnight the 82 of 308
MOU between the City of Pinole and PPEA 17 July 2022– June 2023 night before the court date. For afternoon court assignments, an officer must call into the hotline no later than 12 noon.

ARTICLE 14. SICK LEAVE

14.01 Definition of Sick Leave
When an employee finds it necessary to be absent for illness or injury, the employee must notify the Chief or his/her designee at least two hours prior to the beginning of their shift, that they will not be able to report for duty.

14.02 Sick Leave Accrual Rate
A represented employee’s accrual rate for sick leave shall be eight (8) hours per month based on a 2,080 hours per year work schedule. Sick leave will be accrued on a bi-weekly payroll basis for each payroll in which a represented employee is in a pay status for at least 5 working days.

14.03 Extenuating Circumstances for Use of Sick Leave
Sick leave shall not be granted unless the provisions of 14.01 and 14.02 above are met, except that the Police Chief may grant an exception to these provisions upon reasonable proof of extenuating circumstances.

14.04 Becoming Sick While On Duty
In the event an employee becomes ill while on duty, the employee must first obtain permission to leave work from his or her supervisor after having provided to the supervisor an indication of the specific conditions in laymen’s terms necessitating his or her leaving work.

14.05 Sick Leave Incentive
Association members who do not use any sick leave for six consecutive months within a calendar year (January – June; July – December) shall receive an additional four (4) hours of accrued vacation leave. No employee may accrue more than one additional eight (8) hour day of vacation in any calendar year.

14.06 Other Provisions
Except as provided above, the policy, eligibility, accrual, use and other provisions regarding sick leave shall be as provided in the City’s Personnel Rules 83 of 308
MOU between the City of Pinole and PPEA 18 July 2022– June 2023 ARTICLE 15. VACATION

15.01 Vacation Accrual Rate
Vacation leave will be accrued based on a 2,080 hours per year work schedule and on a bi-weekly payroll basis in which a represented employee is in a pay status for at least five (5) working days.

Represented employees shall accrue vacation leave at the following rates to the following maximums for continuous service performed:

Years of Service Hours Accrued per Year Maximum Accrual (hours) 0 to 4 96 192
5 to 9 144 288
10 to 15 160 320
16+ 192 384
Once an employee reaches their vacation accrual maximum they will no longer accrue vacation leave until such time as they reduce their balance below the cap.

15.02 Vacation Buy Back
An employee with two (2) years minimum service has the option to buy back up to a maximum of 80 hours of vacation in a calendar year in increments of eight (8) hours provided said employee has at least a minimum of 160 accumulated vacation hours and has used a minimum of 36 hours of vacation during the twelve (12) months prior to the date of request.

ARTICLE 16. HOLIDAYS

16.01 Holiday Pay -Sworn
The City shall compensate sworn employees for twelve (12) holidays as follows:
12 holidays at 8 hours each, times 1.3, totaling 124.8 hours of holiday pay.

Employees are compensated for 62.40 hours, paid at the employee’s base hourly rate, twice a year – in June and December. Newly hired sworn employees will receive their first holiday payment on a pro-rated basis; the number of holidays will be based upon their first day on the City payroll. Should a sworn employee resign or be terminated before the issuance of the holiday payment, the number of holidays will be prorated based upon their last day on the City’s payroll.

Every other day appointed by the President or Governor and authorized by the City Manager or designated by the City Council for a public fast, Thanksgiving or holiday will also be considered a holiday for pay purposes. 84 of 308
MOU between the City of Pinole and PPEA 19 July 2022– June 2023

16.02 Floating Holiday-Sworn
Each employee shall receive eleven (11) hours of floating holiday each fiscal year.

Floating holiday usage is subject to approval by the Chief of Police. Floating holiday hours cannot be carried forward to the next fiscal year.

16.03 Compensatory Time In Lieu of a Floating Holiday-Sworn At the end of each fiscal year sworn employees may convert unused floating holiday hours to their compensatory time leave bank on an hour-for-hour basis, provided that such request will not cause the maximum amount of compensatory time accrual to be exceeded. Should an employee elect to convert their floating holiday to compensatory time, the request for conversion must be received by payroll staff no later than the last pay period of the fiscal year.

16.04 Holiday Accrual Rate Non-Sworn Employees
During the term of this agreement non-sworn employees shall receive eleven 11 annual paid holidays as follows:

January 1 New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
Last Friday in March Caesar Chavez Day
Last Monday in May Memorial Day
June 19th Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran’s Day
Fourth Thursday in November Thanksgiving
Fourth Friday in November Day after Thanksgiving
December 25 Christmas
Non-sworn employees will also receive two (2) additional paid hours off. These floating holiday hours cannot be carried forward to the next fiscal year. Each holiday is based on an eight- (8) hour day or 2,080 hours in a calendar year.

16.05 No Compensatory Time In Lieu of a Paid Holiday Non-Sworn Employees Dispatchers and Community Safety Specialists shall not receive compensatory time off in lieu of a paid or floating holiday.
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MOU between the City of Pinole and PPEA 20 July 2022– June 2023

16.06 Pay for Actual Holidays Worked-Dispatchers
Dispatchers shall receive holiday pay for the actual day worked, not the day that is officially observed by the City, for the following three (3) holidays: New Year’s Day, July 4th, and Christmas Day. Dispatchers assigned to work on these City designated holidays, if different from the actual holidays, will be paid at the base hourly rate and will not receive holiday pay.

16.07 Holiday Pay Waiver In-Lieu of Work Furlough – Dispatchers In lieu of unpaid work furlough, employees agree to waive twelve (12) days (96 hours) of holiday pay in fiscal year 2010/2011.

ARTICLE 17. CLOTHING ALLOWANCE

17.01 Amount of Clothing Allowance-Sworn
During the term of this MOU the City shall provide an annual clothing allowance of $1,000 for the purchase and maintenance of uniforms and accessories for sworn officers. The City will pay this allowance in two equal payments, one in June and one in December of each year.

17.02 Amount of Clothing Allowance Non-Sworn Employees
During the term of this MOU the City shall provide an annual clothing allowance of $750 for the purchase and maintenance of uniforms and accessories to each nonsworn represented employee. The City will pay this allowance in two equal payments, one in June and one in December of each year.

17.03 One Time Uniform Start Up for New Officers and Dispatchers The City will provide an initial one-time payment equal to the amount of the annual uniform allowance of that classification to begin the purchase of their initial uniform.

In addition, sworn employees will receive a one-time payment of $250 toward the purchase of a Class A jacket. This will be paid in a flat amount on the first payroll after the employee’s date of hire.

17.05 Withholding Payment of Uniform Allowance
Payment of the clothing allowance shall be withheld, or pro-rated, for employees in the following statuses:
a) For the amount of leave in excess of three consecutive months; b) Any leave of absence without pay; and/or
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MOU between the City of Pinole and PPEA 21 July 2022– June 2023 c) Any leave, paid or unpaid, following an application for disability retirement.

The clothing allowance shall only be paid when it can reasonably be expected that a represented employee is, or in the near future will be, available for work requiring the use of uniforms, extended vacation leave excepted.

17.06 Other Provisions
The City is considering new uniform standards for all personnel. If the City develops new uniform standards, the City will meet and confer on the timing of compliance with the new standards.

The City reserves the right to explore alternative methods of providing uniforms and accessories to sworn and non-sworn employees and, following appropriate meet and confer, may modify this section.

ARTICLE 18. SAFETY EQUIPMENT AND ALLOWANCE

18.01 Types of Safety Equipment Required-Sworn
All sworn officers are required to purchase, maintain and replace the following items of safety equipment: weapon, holster, duty belt, handcuffs, handcuff case, mace holder, bullet pouch with speed loaders, baton holder, flashlight, baton, belt keepers (4), rain gear. The City will provide all other safety items as deemed necessary.

18.02 Safety and Repair of Safety Equipment
Each officer shall have available and maintain in proper working order each of the above-listed items according to Department standards. The City will repair or replace City issued equipment other than safety equipment listed in Section 18.01, that is not in a usable state due to damage or deterioration.

18.03 Amount of Safety Equipment Allowance
The City will reimburse each sworn officer up to $255.00 per year for the purchase of the safety equipment listed in Section 18.01 above.

18.04 Payment of Safety Equipment Allowance
The safety equipment allowance shall be paid in two installments per year at the same time that the payment of the uniform allowance is paid. This allowance will be paid in June and December of each calendar year.
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MOU between the City of Pinole and PPEA 22 July 2022– June 2023

18.05 Body Armor
The City will purchase the initial body armor for new sworn personnel and will replace body armor damaged in the line of duty, or as required by manufacturer specifications, whichever occurs sooner.

18.06 Issuance of City Owned Safety Equipment
New employees may be issued safety protective equipment if available and in stock. If equipment is issued from that in stock, such maintenance and repair is the responsibility of the new employee.

18.07 Other Provisions
The City reserves the right to explore alternative methods of providing safety equipment and, following appropriate meet and confer may modify this section.

ARTICLE 19. OUT OF CLASS PAY

19.01 Out of Class Pay
In the event a Sergeant or Corporal is not on duty, the Police Chief or his/her designee may assign an Officer to serve in a limited supervisory capacity. Officers shall receive Out-of-Class Pay for these assigned shifts, equal to five percent (5%) of their base hourly rate.

ARTICLE 20. FIELD TRAINING OFFICER / DISPATCHER TRAINER

20.01 Designation of a Sworn Officer as a Field Training Officer The Police Chief may designate a sworn officer as a Field Training Officer at his/her discretion.

20.02 Payment for Designation as a Field Training Officer A five percent (5%) salary increase will be paid to an Officer while providing training to a new officer. Designation of training Officers and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief or his/her designee.

Removal from or rotation out of being a Field Training Officer assignment shall not constitute punitive action under the City’s Personnel Policies. 88 of 308
MOU between the City of Pinole and PPEA 23 July 2022– June 2023

20.03 Designation of a Dispatcher as a Trainer
The Police Chief and/or his/her designee may designate a Dispatcher as a Trainer at his/her discretion.

20.04 Payment for Being Designated as a Dispatcher Trainer A five percent (5)% salary increase will be paid to a Dispatcher while providing training to a new Dispatcher. Designation of Training Dispatchers, and removal from or rotation out of this assignment, shall be at the sole discretion of the Police Chief or his/her designee.

Removal from or rotation out of being a Dispatcher Trainer assignment shall not constitute punitive action under the City’s Personnel Policies.

ARTICLE 21. FEMALE DISPATCHERS ASSISTING WITH BOOKING AND ACTING

AS WITNESS FOR FEMALE PRISONERS, DETAINEES OR VICTIMS

21.01 Female Dispatcher Assisting with Booking and Acting as Witness for Female Prisoners, Detainees, and Victims
The City shall pay a total of thirty-five dollars ($35) per incident to female Dispatchers when they are required to leave their primary job function and provide assistance with a female prisoner, detainee, or victim.

21.02 Incident Defined
An incident is defined as a single event or circumstance and includes a female Dispatcher performing, witnessing or assisting with booking, urine tests, and/or searching, and any other hands-on physical contact with female prisoners, detainees or victims.

ARTICLE 22. MEAL ALLOWANCE

22.01 Amount of Meal Allowance
During the term of the MOU agreement, the City shall reimburse each employee, sworn or non-sworn in the Association unit who is required to work more than four (4) hours prior to the beginning of their regular work shift or more than four (4) hours after completing their regular work shift a total of $10 for the cost of a meal.

This meal allotment shall be paid to the employee at the next regular payroll after the meal is incurred.
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MOU between the City of Pinole and PPEA 24 July 2022– June 2023 ARTICLE 23. EDUCATION INCENTIVE PROGRAMS

23.01 Amount of Educational Degree Pay
Effective the first full pay period after June 30, 2022 the City will pay covered employees an education incentive for one degree or one POST Certificate as follows:
• AA Degree or Intermediate POST Certificate 2.5% of base salary • BA Degree or Advanced POST Certificate 5.0% of base salary This Educational Degree Pay shall only be paid to employees holding a certification or degree beyond that which is required for their classification, as outlined in the job description. The education incentive amounts above do not compound.

23.02 Maximum Amount Provided
The maximum education incentive for which an employee is eligible is five percent (5%) of base salary. To be eligible, an employee must possess and provide verification of said qualifications to the City.

23.03 Education Incentive Pay
After completing one (1) year of service with the City, an employee will be eligible to participate in the tuition reimbursement program. To be eligible, an employee must satisfactorily complete three or more semester units in qualifying job-related courses as approved by the Chief of Police and the City Manager.

Upon completion of the course(s) with a passing grade of “C” or better, or “pass” if taken as pass/fail, the employee shall receive reimbursement for tuition, books and related expenses to a maximum annual amount of $600 per calendar year.

To receive reimbursement the employee must complete the Tuition Reimbursement form, submit copies of receipts for expenses, and proof of his/her final grade.

All education or other training courses approved under this program shall be completed on an employee’s own time and at his/her own expense.

ARTICLE 24. TRAINING

24.01 Reimbursement of Training Costs
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MOU between the City of Pinole and PPEA 25 July 2022– June 2023 Employees will be reimbursed for costs associated with training seminars, programs and school, including POST training classes, according to the terms and procedures set forth in the City’s “Travel and Training Policy.”

24.02 Training Day Hours-Out of Town
Association employees assigned to a 12-hour shift, who are scheduled to attend out-of-town training for at least a minimum of 9 hours in a day (including travel time and excluding lunch break), are not required to return to work status unless the Police Chief is in need of coverage. The employee, who is required to return for the remaining three hours, will be paid at the base hourly rate. Should the employee have to work beyond the twelve hours in that workday, he/she will be paid time and one half for any hours worked over twelve hours.

Normal overtime rates shall apply should the assigned training time cause the employee to exceed the assigned workweek.

ARTICLE 25. BACKGROUND REQUIREMENTS FOR PROMOTIONS WITHIN THE

POLICE DEPARMENT

25.01 Background Procedures
When an officer is being considered for an internal promotion, he/she is subject to all of the qualifications and requirements as any other candidate. No background shall be performed on a Member of this association except as required by law.

ARTICLE 26. PROBATIONARY PERIOD

26.01 Probationary Period-Sworn Officer
The probationary period shall be as provided in the City of Pinole Personnel Rules.

However, the promotional probationary period for sworn Sergeants shall be twelve (12) months.

26.02 Probationary Period Non-Sworn
The probationary period for Dispatcher shall be twelve (12) consecutive months of actual service.

ARTICLE 27. RETREAT TO LOWER CLASS – SERGEANT AND LIEUTENANT

27.01 Retreat to Lower Class
Upon layoff or request by the employee or the City, regular status Sergeants and Lieutenants have the right to retreat to a lower sworn class previously held in the 91 of 308
MOU between the City of Pinole and PPEA 26 July 2022– June 2023 Pinole Police Department. In order to retreat to a lower class, there must be an open position available in the retreat class, or the employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Human Resources Director. If the retreat request is due to a layoff, the written displacement request must be provided to the HR Director within seven (7) days of receipt of notice of layoff. The Chief and the City Manager must approve any displacement request. An employee retreating to a lower class shall be placed at the salary step representing the least loss of pay.

For purposes of this section, seniority shall be defined as an employee’s tenure in a class. When an employee retreats to a lower class, seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time service.

ARTICLE 28. BEREAVEMENT LEAVE

28.01 Bereavement Leave
Any employee who is absent from work by reason of the death of a member of his/her immediate family may be allowed a leave of absence with full pay not to exceed five (5) workdays per incident. However, when it is reasonable and necessary, good cause is shown, and upon approval of the Chief of Police, three (3) additional days may be granted to such leave. In order to receive compensation while absent on bereavement leave, the employee shall notify his/her immediate supervisor or the Chief of Police prior to the time set to begin his/her next shift.

For purposes of this section immediate family shall be defined to include spouse or registered domestic partner, child or stepchild, father, mother, step father, step mother, grandfather, grandmother, grandchild, brother, sister, step sister, step brother, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law of the employee.

ARTICLE 29. GRIEVANCE PROCEDURE

29.01 Grievance Defined
A grievance is an unresolved complaint or dispute regarding the (mis)application or (mis)interpretation of this MOU, the City Personnel Rules, other applicable regulations, policies or procedures governing personnel practices or working conditions. Disciplinary matters are not grievable.

29.02 Reflection for Use of Procedure
Use of this procedure shall not reflect unfavorably on the employee, the Supervisor(s), the Command Staff, or the general management of the City.

Retaliatory or discriminatory action against an employee for using this procedure 92 of 308
MOU between the City of Pinole and PPEA 27 July 2022– June 2023 or discrimination in the application of a rule or policy shall be a violation of City policy.

29.03 Grievance Procedure Defined
This grievance procedure is established to accomplish the following objectives:
a. To settle the disagreement at the employee-supervisor level, if possible.
b. To provide an orderly procedure to handle the grievance through each level of supervision, if necessary.
c. To resolve the grievance as quickly as possible.
d. To correct, if possible, the cause of the grievance to prevent future similar complaints.
e. To reduce the number of grievances by allowing them to be expressed thereby adjusting and eliminating grievances. f. To promote harmonious relations among employees, their supervisors, and the departmental staff.
g. To ensure fair and equitable treatment of all employees.

29.04 Grievance Process
The conduct of Grievance Process shall be as follows:
a. An aggrieved employee may be represented by his/her recognized employee organization, an attorney or may represent him or herself in preparing and presenting his/her grievance at any level of review. b. The employee and his/her representative, if any, may use a reasonable amount of work time, as determined by the appropriate management supervisor, if conferring about and in presenting a grievance.
c. Any monetary grievances shall be limited to the date the grievance was originally filed in writing or otherwise as provided in Step 1 of the 93 of 308
MOU between the City of Pinole and PPEA 28 July 2022– June 2023 Grievance Procedure, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. d. The time limit specified in this article may be extended by mutual agreement of the aggrieved employee and the reviewer concerned. e. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. f. The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

29.05 Grievance Procedure
The Grievance Procedure shall be as follows:
• Step 1.

The aggrieved employee will first attempt to resolve the grievance through informal discussion with his or her immediate supervisor by the end of the tenth calendar day following the incident upon which the grievance is based.

Every attempt will be made to settle the issue at this level. Any decision rendered will be consistent with the authority vested with the decision maker.
• Step 2.

The Chief shall have ten (10) calendar days from the receipt of a written grievance to review the matter and prepare a written response. • Step 3.

If the grievance is not resolved in Step 2, the aggrieved employee may appeal the Chief’s decision to the City Manager in writing within ten (10) calendar days of the receipt of the Chief‘s response. If the employee wishes, he or she may request to have the grievance reviewed by an Employee Appeals Board, prior to review by the City Manager, and he or she must so indicate in his or her appeal to the City Manager.

29.06 Employee Appeals Board.
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MOU between the City of Pinole and PPEA 29 July 2022– June 2023 If the aggrieved employee elects to submit the grievance first to the Employee Appeals Board, the Board shall be convened to hear the grievance on its merits with the purpose of attempting to resolve it in a satisfactory manner. This Board shall consist of three (3) members. One member shall be appointed by the affected employee or the Association; one member shall be appointed by the City; and the third member, who shall act as chairperson, shall be selected by the other two members.

No member of the Board shall be a person in the normal line of supervision nor from within the same department or division as the affected employee. No member of the Board shall be compensated by the City for serving on the Board except that if a City employee serves on the Board, he or she shall be released for such service without loss of regular base hourly rate compensation during his/her normal work hours.

The Employee Appeals Board shall then determine the facts of the grievance and submit a report of its findings along with a recommendation for settlement within ten (10) calendar days from their appointment to the case. Copies of the report and recommendations shall be submitted to the City Manager and the aggrieved employee.

29.07 Employee Appeals Board Recommendation to City Manager Upon receipt of the employee's appeal and/or report and recommendations of the Employee Appeals Board, the City Manager may elect the methods he or she then considers appropriate to review and settle the grievance. He or she shall render a written decision to all parties directly involved within fifteen (15) calendar days after receiving the employee's appeal, or if the Employee Appeals Board procedure was utilized, after receipt of the Employee Appeals Board report. The decision of the City Manager is final and binding.

ARTICLE 30. SCOPE AND SEVERABILITY

30.01 Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the City and the Association, and constitutes the sole and entire agreement between them.

The City and the Association acknowledge that during the negotiations that resulted in this MOU, each had the unlimited right and opportunity to make demands or proposals with respect to any subject or matter not removed by law or ordinance from collective bargaining, and that the parties’ understandings and agreements are set forth in this MOU. Neither party shall, therefore, demand any change in this MOU to be effective during the term of this MOU nor neither party shall be required to meet and confer on any matter that is covered in this MOU. 95 of 308
MOU between the City of Pinole and PPEA 30 July 2022– June 2023

30.02 If any section, subsection, sentence, clause or phrase of this MOU is for any reason held illegal, invalid or unconstitutional by decision of any court of competent jurisdiction or superseding Federal or State Law, the balance of the Memorandum of Understanding shall continue in full force and effect, and the parties hereto shall commence negotiations to ensure that the portion held illegal, invalid or unconstitutional is rewritten to conform as closely as possible to the original intent.

ARTICLE 31. TERM OF THE MOU
This agreement shall be in full force and effect from July 1, 2022 through June 30, 2023.

The parties shall schedule their first meeting to negotiate a successor agreement no later than April 1, 2023.
[Signatures on next page]
96 of 308
MOU between the City of Pinole and PPEA 31 July 2022– June 2023 For the City of Pinole:
________________________________ ____________________
Andrew Murray, City Manager Date
________________________________ ____________________
Stacy Shell, Human Resources Director Date
________________________________ ____________________
Gregory Ramirez, IEDA Labor Consultant Date
For the Pinole Police Employees Association:
________________________________ ____________________
Jon Roberts, President Date
_________________________________ ____________________
Kyle Breckinridge, Bargaining Team Date
_________________________________ ____________________
Barry Duggan, Bargaining Team Date
_________________________________ ____________________
Scott Russo, Bargaining Team Date
_________________________________ ____________________
Jim Bickert, Labor Representative Date
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City ofPinole to Pinole Police Employees Association
Negotiations2}22 - Conceptual Package Proposal (B)
Jvne9,2022
City of Pinole ("City") presents the following conceptual package "counter proposal" for consideration by Pinole Police Employees Association ("Association") for either acceptance or rejection in its entirety.

The City reserves the right to modify or withdraw this conceptual package 'ocounterproposal" at any time subject to the duty to bargain in good faith. If the Parties achieve agreement on the below terms, the terms will not constitute a formal tentative agteement until and unless the conceptual agreement terms below are reduced in their entirety to final contract language acceptable to both Parties and until initialed by the Parties Chief Negotiators. All proposals not specifically included below shall be deemed withdrawn by their respective Parby.

As a responsive settlement document this document or the terms set forth below may not be introduced or referenced in any way during any subsequent impasse, factfinding, or other proceeding.

The following items to be included in a successor MOU between the Parties:

Term ($31): One year, MOU to expire Jvne 30,2023
Salary Adjustments (9a.01):

Combined total base wage increase of six percent (6%o), as follows:

General Wage Increase
Effective the first full pay period after June 30, 2022 and following ratification by the Association and adoption by the City Council, whichever is later, and concurrent with any market equity adjustment provided below, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30,2022.

Market Equity Adjustment
Effective the first full pay period after June 30,2022 and following ratification by the Association and adoption by the City Council, whichever is later, and concurent with any general wage increase provided above, base wage rates in the employee salary table shall increase by three percent (3%) of those in effect as of June 30,2022.

Pension ($9.03 & 99.06):

Classic Safety
Effective the pay period which includes July 1, 2022, Classic Safety employees cost share retiremeni cbntribution shall be reduced io fifteen percent (li%) tltaicontribution (9% employee rate * 6%o share of the employer rate).

Classic Miscellaneous
Effective the pay period which includes July 1, 2022, Classic Miscellaneous employees cost share retirement contribution shall be reduced to fifteen percent (15%) total contribution (8% employee rate + 7Yo share of the employer rate).

Medical Insurance Program (96.01):

The City shall contribute toward full-time regular employees' health premiums as indicated below: -#&

ATTACHMENT B
98 of 308
City of Pinole to Pinole Police Employees Association
Negotiations2022 - Conceptual Package Proposal (B)
June9,2022
a. Effective July 18, 2022,the City's contibution to health insurance premiums will be up to the 2021 Kaiser rates for each applicable category (1-party, 2-pary, or family).
b. Effective January 1,2023,the City's contribution to health insurance premiums will be up to the 2022Kaiser rates for each applicable category (l-party, 2-pag, or family).

CaII Back Pay During Meetings and /or Training (912.03):

Section to be modified to reflect a three (3) hour minimum call back.

Holidays ($16.01 & 916.0a):

Sections to be modified to reflect the addition of a paid Juneteenth holiday.

Amount of Educational Degree Pay (923.01):
section to be modified to reflect the city will pay a2.5yo incentive for an AA/Intermediate POST Certificate or 5.0Yo incentive for a BA/Advanced POST Certificate for employees holding same beyond their classification as outlined in the respective j ob description.

Probationary Period-Sworn Oflicer (926.01):

Section to be modified to reflect that a promotional probationary period for sworn Sergeants shall be twelve (12) months.

END
Tentatively Agreed 06/0 912022
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POLICE
City of Pinole

MEMORANDUM OF

UNDERSTANDING
Between the City of Pinole and the
Pinole Police Employees Association
July 1, 2020 2022 to June 30, 20222023
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